Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 7139 

fisheries is necessary to fulfill the 

following statutory requirements: the 

Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Fishers will use the Fisheries Logbook 

Data Reporting Software (FLDRS) to 

collect high resolution information on 

fishing effort and catch. The goal is to 

enable fishers to collect more accurate 

and precise data on where and how 

many fish are caught, and how much 

effort was expended. This high 

resolution data will lead to improved 

accuracy of commercial fisheries data 

and better understanding of fishery 

dynamics. The FLDRS software was 

designed to record data at the haul 

(effort) level, similar to the level of data 

collected by the Northeast Fisheries 

Observer Program (NEFOP) but can be 

used to collect sub trip level data and 

is approved for federal eVTR. FLDRS 

can be integrated with Global 

Positioning Systems (GPS), Vessel 

Monitoring Systems (VMS), depth 

sounders and temperature/depth 

sensors. The FLDRS software can use 

the VMS to transmit a trip data file to 

NEFSC email account where it is 

ultimately uploaded to NEFSC database. 

Alternatively, the vessel operator can 

choose to manually upload trip files 

using the web-based application Vessel 

Electronic Reporting Web Portal (VERS). 

Temperature and Depth (TD) data will 

be collected opportunistically and 

dependent on fisher interest. TD probes 

will be used to monitor the duration of 

time gear is fished in addition to 

collecting temperature and depth data. 

The high resolution catch data in 

conjunction with temperature depth 

data can be used to validate 

oceanographic and habitat models to 

produce oceanographic and species 

density forecasts for fishers. These 

species specific density forecast can be 

used as a tool while fishing to maximize 

efficiency and avoid limited stocks. 

By collecting these data, we are 

improving the data available to support 

improved understanding of population, 

ecosystem, and fishery dynamics in the 

northeast region. These improved 

understandings help the Northeast 

Fisheries Science Center inform 

management so they can meet the 

standards laid out in the Magnuson 

Stevens Act. Without working with the 

fishing industry to collect these data we 

are severely restricting our access to the 

best available data to support needed 

research that informs management 

decisions. 

Affected Public: Business or other forprofit organizations. 

Frequency: As needed. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Magnuson Stevens 

Act. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering the title of the collection. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2022–02602 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB757] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Kitty Hawk 

Wind Marine Site Characterization 

Surveys, North Carolina and Virginia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from Kitty Hawk Wind for authorization 

to take marine mammals incidental to 

marine site characterization surveys 

offshore and in state waters of North 

Carolina. Pursuant to the Marine 

Mammal Protection Act (MMPA), NMFS 

is requesting comments on its proposal 

to issue an incidental harassment 

authorization (IHA) to incidentally take 

marine mammals during the specified 

activities. NMFS is also requesting 

comments on a possible one-time, oneyear renewal that could be issued under 

certain circumstances and if all 

requirements are met, as described in 

Request for Public Comments at the end 

of this notice. NMFS will consider 

public comments prior to making any 

final decision on the issuance of the 

requested MMPA authorizations and 

agency responses will be summarized in 

the final notice of our decision. 

DATES: Comments and information must 

be received no later than March 10, 

2022. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service and should be 

submitted via email to ITP.Daly@

noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 


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7140 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NAO 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has preliminarily determined 

that the issuance of the proposed IHA 

qualifies to be categorically excluded 

from further NEPA review. 

We will review all comments 

submitted in response to this notice 

prior to concluding our NEPA process 

or making a final decision on the IHA 

request. 

Summary of Request 

On August 16, 2021, NMFS received 

a request from Kitty Hawk Wind, a 

subsidiary of Avangrid Renewables 

(Avangrid), for an IHA to take marine 

mammals incidental to conducting 

marine site characterization surveys off 

of the Atlantic Coast. Kitty Hawk 

Wind’s overall lease area (OCS–A 0508) 

is located approximately 44 kilometers 

(km) offshore of Corolla, North Carolina, 

in Federal waters. The proposed survey 

activities will occur within the wind 

development area (WDA) and along the 

electric cable corridor (ECC) to landfall 

locations in North Carolina and 

Virginia. The application was deemed 

adequate and complete on January 13, 

2022. Kitty Hawk Wind’s request is for 

take of a small number of seventeen 

species of marine mammals, by Level B 

harassment only. Neither Kitty Hawk 

Wind nor NMFS expects serious injury 

or mortality to result from this activity 

and, therefore, an IHA is appropriate. 

NMFS previously issued an IHA to 

Avangrid for similar work in the same 

geographic area on June 3, 2019 (84 FR 

31032) with effectives dates from June 1, 

2019 through May 31, 2020. Avangrid 

complied with all the requirements (e.g., 

mitigation, monitoring, and reporting) of 

the previous IHA and information 

regarding their monitoring results may 

be found in the Estimated Take section. 

Avangrid’s final marine mammal 

monitoring report, dated January 7, 

2021, submitted pursuant to that IHA 

can be found at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-avangridrenewables-llc-marine-sitecharacterization-surveys. 

On July 21, 2021, NMFS issued 

another IHA to Kitty Hawk Wind for a 

short survey duration which was 

effective from July 23, 2021 through 

October 31, 2021. The reporting for that 

IHA will be submitted to NMFS prior to 

us making a final decision on the newly 

requested IHA. 

Description of Proposed Activity 

Overview 

Kitty Hawk Wind is requesting an 

IHA authorizing the take, by Level B 

harassment only, of 17 species of marine 

mammals incidental to marine site 

characterization surveys, specifically in 

association with the use of highresolution geophysical (HRG) survey 

equipment in the Atlantic Ocean off of 

North Carolina and Virginia (we note 

survey work extending into Virginia is 

very limited). Kitty Hawk will also 

conduct surveys in the inshore sounds 

of North Carolina, include Bogue, 

Pamlico, Albemarle, and Currituck 

Sounds (as part of the ECC); however, 

those surveys will use equipment 

operating at frequencies above 180 kHz 

(outside marine mammal hearing range) 

and therefore will not result in 

harassment to marine mammals. For 

this reasons, survey work in inshore 

sounds is not further analyzed in this 

notice. 

The surveys will support offshore 

wind development in 60 percent of the 

Kitty Hawk South lease area (OCS–A 

0508) in the northwest corner closest to 

the North Carolina shoreline 

(approximately 198 square kilometers 

(km2)). Exposure to noise from the 

surveys may cause behavioral changes 

in marine mammals (e.g., avoidance, 

increased swim speeds, etc.) rising to 

the level of take (Level B harassment) as 

defined under the MMPA. 

In addition to Kitty Hawk South 

surveys, there will be a small amount of 

residual survey effort from the Kitty 

Hawk North WDA and ECC included in 

this survey effort due to previous 

inability to complete previous surveys 

as a result of unsuitable weather (Figure 

1). 

Dates and Duration 

Kitty Hawk Wind plans to commence 

the surveys in April 2021 and continue 

for one year. Based on 24-hour 

operations, the estimated duration of the 

HRG survey activities (excluding those 

in inshore sounds) will be 273 vessel 

days which represents the sum of the 

total number of days each vessel 

operates (not calendar days). Kitty Hawk 

intends to complete the surveys prior to 

November 2022 to minimize impacts to 

migrating North Atlantic right whales; 

however, the analysis in the application 

and this proposed IHA considers the 

potential for work to occur year-round. 

Specific Geographic Region 

The majority of Kitty Hawk Wind’s 

survey activities will occur within the 

Kitty Hawk South WDA (approximately 

297 km2 of the approximately 495 km2

Lease Area) and along the offshore ECC 

(Figure 1). Kitty Hawk will also 

complete surveys along the Kitty Hawk 

North ECC (Figure 1) as poor weather 

prohibited completion of this work 

under the 2021 IHA. Water depths 

across the Survey Area range from 

shallow water areas (0 m) near the 

offshore ECC landfall to approximately 

20 to 50 meters (m) in the Lease Area. 


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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 7141 

Detailed Description of Specific Activity 

Kitty Hawk Wind intends to 

eventually develop 60 percent of the 

southeast portion on the WDA. The 

purpose of Kitty Hawk Wind’s marine 

site characterization surveys is to 

support the siting of the proposed wind 

turbine generators and offshore export 

cables, providing a more detailed 

understanding of the seabed and subsurface conditions in the WDA and 

export cable corridor, support the 

development of the Construction and 

Operations Plan, and meet the Bureau of 

Ocean Energy Management’s (BOEM) 

data quality guidelines for the HRG, 

archaeological, and benthic resources 

surveys. 

HRG surveys are anticipated to 

commence no earlier than April 1, 2022, 

and finish in 273 vessel days, not 

including non-noise-generating days 

likely needed for weather down time. 

The survey activities will be supported 

simultaneously by three vessels, all 

capable of maintaining a survey speed 

of approximately 4 knots (7.4 kilometers 

per hour [km/hr]) while transiting 

survey lines. Vessels will maintain at 

least 2 km separation from each other at 

all times. Kitty Hawk Wind anticipates 

the surveys will be completed prior to 

November 2022; however, they have 

requested the IHA be effective for the 

entire year in case unexpected 

circumstances arise that necessitate 

surveying beyond November. 

The surveys will cover approximately 

50,211 line kms between the WDA, ECC, 

overlapping areas, and within several 

inshore sounds, including Bogue, 

Pamlico, Albemarle, and Currituck 

Sounds. During the surveys, Vessel A 

would initially collect data using the 

Multi-channel sparker (MCS) within the 

WDA. Two MCS options are currently 

under consideration, as noted in Table 

1. Vessel A would then demobilize the 

MCS and remobilize data collection 

within both the WDA and ECC using the 

Triple Plate Boomer (boomer). Vessel A 

would also employ other equipment 

including the ultra-short baseline 

positioning system (USBL), sidescan 

sonar (SSS), shallow penetration 

parametric sub-bottom profiler 

(Innomar), and multibeam echo sounder 

(MBES). However, this equipment has a 

smaller disturbance zone than the MCS 

or boomer or has frequency ranges 

above 180 kHz, outside of the hearing 

range of marine mammals. Vessels B 

and C would perform data collection 

within both the WDA and ECC using the 

boomer. Table 1 provides vessel use and 

survey coverage details. However, all 

survey equipment within inshore bays 

and sounds would operate above 180 

kHz which is outside of marine mammal 

hearing ranges; therefore, no harassment 

is anticipated to occur from these 

inshore surveys and this activity is not 

noted in Table 1 and will not be 

discussed further in this notice. 

TABLE 1—SURVEY SEGMENT DETAILS

Vessel Location and line kms Predominant HRG source Duration 

Vessel A ............. WDA: 7,562 kms; ECC: 590 .............................. Multi-channel Seismic (Sparker) ........................ WDA: 42 days; ECC: 4. 

Vessel A ............. ECC Alternative A: 3,107 kms ........................... Single Channel Seismic (Boomer) ..................... 17 days. 

Vessel A ............. Expanded OECC: 5,843 ..................................... Single Channel Seismic (Boomer) ..................... 33 days. 

Vessel B ............. WDA/ECC: 15,715 kms ...................................... Single Channel Seismic (Boomer) ..................... 80 days. 

Vessel C ............. ECC Base Case: 16,071 kms ............................ Single Channel Seismic (Boomer) ..................... 96 days. 


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--Olll!MreWlll<I 

Project, 

.... . 

-,._ . 

Figure 1: Project Area for the Marine Site Characterization Surveys Which Include 

the WDA and the Potential Submarine Cable Route Areas 
7142 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

TABLE 1—SURVEY SEGMENT DETAILS—Continued 

Vessel Location and line kms Predominant HRG source Duration 

Total 

5 vessels ............ 48,888 km ........................................................... ............................................................................. 273 days. 

Acoustic sources planned for use 

during HRG survey activities proposed 

by Kitty Hawk Wind include the 

following: 

• Medium penetration, impulsive 

sources (i.e., boomers and sparkers) are 

used to map deeper subsurface 

stratigraphy. A boomer is a broadband 

source operating in the 3.5 Hz to 10 kHz 

frequency range. Sparkers create 

omnidirectional acoustic pulses from 50 

Hz to 4 kHz. These sources are typically 

towed behind the vessel. 

Operation of the following survey 

equipment types is not expected to 

present reasonable risk of marine 

mammal take, and will not be discussed 

further beyond the brief summaries 

provided below. 

• Non-impulsive, parametric subbottom profilers (SBPs) are used for 

providing high data density in subbottom profiles that are typically 

required for cable routes, very shallow 

water, and archaeological surveys. 

These sources generate short, very 

narrow-beam (1° to 3.5°) signals at high 

frequencies (generally around 85–100 

kHz). The narrow beamwidth 

significantly reduces the potential that a 

marine mammal could be exposed to the 

signal, while the high frequency of 

operation means that the signal is 

rapidly attenuated in seawater. These 

sources are typically deployed on a pole 

rather than towed behind the vessel. 

• Ultra-short baseline (USBL) 

positioning systems are used to provide 

high accuracy ranges by measuring the 

time between the acoustic pulses 

transmitted by the vessel transceiver 

and a transponder (or beacon) necessary 

to produce the acoustic profile. It is a 

two-component system with a polemounted transceiver and one or several 

transponders mounted on other survey 

equipment. USBLs are expected to 

produce extremely small acoustic 

propagation distances in their typical 

operating configuration. 

• Multibeam echosounders (MBESs) 

are used to determine water depths and 

general bottom topography. The 

proposed MBESs all have operating 

frequencies >180 kHz and are therefore 

outside the general hearing range of 

marine mammals. 

• Side scan sonars (SSS) are used for 

seabed sediment classification purposes 

and to identify natural and man-made 

acoustic targets on the seafloor. The 

proposed SSSs all have operating 

frequencies >180 kHz and are therefore 

outside the general hearing range of 

marine mammals. 

Table 2 identifies all representative 

survey equipment proposed for use by 

Kitty Hawk Wind that has the potential 

to result in harassment to marine 

mammals. The make and model of the 

listed geophysical equipment may vary 

depending on availability and the final 

equipment choices will vary depending 

upon the final survey design, vessel 

availability, and survey contractor 

selection. 

All decibel (dB) levels included in 

this notice are referenced to 1 

micoPascal. The root mean square 

decibel level (dBrms) represents the 

square root of the average of the 

pressure of the sound signal over a 

given duration. The peak dB level 

(dBpeak) represents the range in pressure 

between zero and the greatest pressure 

of the signal. Operating frequencies are 

presented in kilohertz (kHz). 

TABLE 2—KITTY HAWK WIND HRG SOURCE CHARACTERISTICS

HRG system Representative HRG survey 

equipment 

Operating 

frequencies 

kilohertz 

(kHz) 

Source 

level 

dBpeak

Source 

level 

dBrms

Pulse 

duration 

(ms) 

Beam 

width 

(degree) 

Shallow penetration subbottom 

profiler.

EdgeTech 512i ............................. 0.4 to 12 .... c 186 c 180 1.8 to 65.8 51 to 80. 

Medium penetration subbottom 

profiler a.

Applied Acoustics SBoom 750J 

(Triple Plate Boomer).

0.9–14 ........ d 206 d 198 0.8 .............. 30 e. 

Multi-channel Sparker (MCS) in 

flip/flop configuration b.

Applied Acoustics Dura-Spark 

1000J.

3.2 .............. f 223 f 213 0.5 to 3 f ..... 180. 

Multi-channel Sparker (MCS) in 

flip/flop configuration.

GeoMarine Geo-Source 800J ...... 0.05 to 5 .... 215 206 5.5 .............. 180. 

aWhile three operational powers (500/750/1000J) were modeled for the Applied Acoustics S-Boom for comparison purposes, only the 750 

joules (J) operational power is anticipated to be used. bAlthough the entire MCS array would be mobilized, the sparker sources would be activated in an alternating flip/flop sequence. 

cThe source levels are based on data from Crocker and Frantantonio (2016) for the EdgeTech 512i for 75 percent power with a bandwidth of 

0.5 to 8 kHz. dThe source levels are based on data from Crocker and Frantantonio (2016) for the Applied Acoustics S-Boom for source setting of 750J. 

eThe beamwidth was provided in email correspondence with Neil MacDonald of Modulus Technology Ltd. 

fThe source levels are based on data from Crocker and Frantantonio (2016). 

Proposed mitigation, monitoring, and 

reporting measures are described in 

detail later in this document (please see 

Proposed Mitigation and Proposed 

Monitoring and Reporting). 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history, of the potentially 

affected species. Additional information 

regarding population trends and threats 

may be found in NMFS’s Stock 

Assessment Reports (SARs; https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marineVerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1

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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 7143 

mammal-stock-assessments) and more 

general information about these species 

(e.g., physical and behavioral 

descriptions) may be found on NMFS’s 

website (https://

www.fisheries.noaa.gov/find-species). 

Table 3 lists all species or stocks that 

may occur within the survey area and 

summarizes information related to the 

population or stock, including 

regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. For taxonomy, we follow 

Committee on Taxonomy (2021). PBR is 

defined by the MMPA as the maximum 

number of animals, not including 

natural mortalities, that may be removed 

from a marine mammal stock while 

allowing that stock to reach or maintain 

its optimum sustainable population (as 

described in NMFS’s SARs). While no 

mortality is anticipated or proposed to 

be authorized here, PBR and annual 

serious injury and mortality from 

anthropogenic sources are included here 

as gross indicators of the status of the 

species and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’s stock 

abundance estimates. For some species, 

this geographic area may extend beyond 

U.S. waters. All managed stocks in this 

region are assessed in NMFS’s U.S. 

Atlantic and Gulf of Mexico SARs (e.g., 

Hayes et al., 2019, 2020). All values 

presented in Table 3 are the most recent 

available at the time of publication and 

are available in the draft 2021 SARs 

(available online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/draftmarine-mammal-stock-assessmentreports). 

TABLE 3—SUMMARY INFORMATION OF SPECIES WITHIN THE PROPOSED SURVEY AREA

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

Family Balaenidae: 

North Atlantic right whale Eubalaena glacialis ................ Western North Atlantic ........... E/D; Y 368 (-; 356; 2020) .................. 0.8 18.6 

Family Balaenopteridae 

(rorquals): 

Humpback whale .............. Megaptera novaeangliae ........ Gulf of Maine .......................... -/-; Y 1,393 (0; 1,375; 2016) ........... 22 58 

Fin whale .......................... Balaenoptera physalus ........... Western North Atlantic ........... E/D; Y 6,802 (0.24; 5,573; 2016) ...... 11 2.35 

Sei whale ......................... Balaenoptera borealis ............ Nova Scotia ............................ E/D; Y 6,292 (1.02; 3,098; 2016) ...... 6.2 1.2 

Minke whale ..................... Balaenoptera acutorostrata .... Canadian East Coast ............. -/-; N 21,968 (0.31; 17,002; 2016) .. 170 10.6 

Superfamily Odontoceti (toothed whales, dolphins, and porpoises) 

Family Ziphiidae: 

Cuvier’s beaked Whale .... Ziphius cavirostris .................. Western North Atlantic ........... -/-; N 5,744 (0.36, 4,282, 2016) ...... 43 0.2 

Blainville’s beaked Whale Mesoplodon densirostris ........ Western North Atlantic ........... -/-; N 10,107 (0.27, 8,085, 2016) .... 81 0 

True’s beaked whale ........ Mesoplodon mirus .................. Western North Atlantic ........... -/-; N 81 0 

Gervais’ beaked whale ..... Mesoplodon europaeus .......... Western North Atlantic ........... -/-; N 81 0 

Sowerby’s beaked whale Mesoplodon bidens ................ Western North Atlantic ........... -/-; N 81 0 

Family Delphinidae: 

Long-finned pilot whale .... Globicephala melas ................ Western North Atlantic ........... -/-; N 39,215 (0.30; 30,627; See 

SAR).

306 21 

Short finned pilot whale ... Globicephala macrorhynchus Western North Atlantic ........... -/-;Y 28,924 (0.24; 23,637; 2016) .. 236 160 

Bottlenose dolphin ........... Tursiops truncatus .................. Western North Atlantic Offshore.-/-; N 62,851 (0.23; 51,914, 2016) .. 519 28 

W.N.A. Southern Migratory 

Coastal.

-/-;Y 6,639 (0.41, 4,759, 2016) ...... 48 12.2–21.5 

Common dolphin .............. Delphinus delphis ................... Western North Atlantic ........... -/-; N 172,947 (0.21; 145,216; 2016) 1,452 399 

Atlantic spotted dolphin .... Stenella frontalis ..................... Western North Atlantic ........... -/-; N 39,921 (0.27; 32,032; 2012) .. 320 0 

Risso’s dolphin ................. Grampus griseus .................... Western North Atlantic ........... -/-; N 35,493 (0.19; 30,289; 2016) .. 303 54.3 

Family Phocoenidae (porpoises): 

Harbor porpoise ............... Phocoena phocoena .............. Gulf of Maine/Bay of Fundy ... -/-; N 95,543 (0.31; 74,034; 2016) .. 851 217 

1ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be 

declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA 

as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated 

mortality due to commercial fisheries is presented in some cases. 

As indicated above, all 17 species 

(with 18 managed stocks) in Table 3 

temporally and spatially co-occur with 

the activity to the degree that take is 

reasonably likely to occur. In addition to 

what is included in Sections 3 and 4 of 

the application, the SARs, and NMFS’ 

website, further detail informing the 

baseline for select species (i.e., 

information regarding current Unusual 

Mortality Events (UME) and important 

habitat areas) is provided below. We 

also provide a brief summary of sighting 

data from Kitty Hawk. 

North Atlantic Right Whale 

The North Atlantic right whale is 

considered one of the most critically 

endangered populations of large whales 

in the world and has been listed as a 

Federal endangered species since 1970. 

The Western Atlantic stock is 

considered depleted under the MMPA 

(Hayes et al. 2021). There is a recovery 

plan (NOAA Fisheries 2017) for the 

right whale and recently there was a 

five-year review of the species (NOAA 

Fisheries 2017). The right whale had a 

2.8 percent recovery rate between 1990 

and 2011 (Hayes et al. 2021). 


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7144 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

Elevated North Atlantic right whale 

mortalities have occurred since June 7, 

2017, along the U.S. and Canadian 

coast. This event has been declared an 

UME, with human interactions, 

including entanglement in fixed fishing 

gear and vessel strikes, implicated in at 

least 15 of the mortalities thus far. As of 

January 26, 2021, a total of 34 confirmed 

dead stranded whales (21 in Canada; 13 

in the United States) have been 

documented. The cumulative total 

number of animals in the North Atlantic 

right whale UME has been updated to 

50 individuals to include both the 

confirmed mortalities (dead stranded or 

floaters) (n=34) and seriously injured 

free-swimming whales (n=16) to better 

reflect the confirmed number of whales 

likely removed from the population 

during the UME and more accurately 

reflect the population impacts. More 

information is available online at: 

www.fisheries.noaa.gov/national/ 

marine-life-distress/2017-2021-northatlantic-right-whale-unusual-mortalityevent. 

The offshore waters of North Carolina, 

including waters of the Survey Area, are 

used as part of the migration corridor for 

right whales. Right whales occur here 

during seasonal movements north or 

south between their feeding and 

breeding grounds (Firestone et al. 2008; 

Knowlton et al. 2002). Right whales 

have been observed in or near North 

Carolina waters from October through 

December, as well as in February and 

March, which coincides with the 

migratory timeframe for this species 

(Knowlton et al. 2002). They have been 

acoustically detected off Georgia and 

North Carolina in 7 of 11 months 

monitored (Hodge et al. 2015) and other 

recent passive acoustic studies of right 

whales off the Virginia coast 

demonstrate their year-round presence 

in Virginia (Salisbury et al. 2018), with 

increased detections in fall and late 

winter/early spring. They are typically 

most common in the spring (late March) 

when they are migrating north and, in 

the fall (i.e., October and November) 

during their southbound migration 

(NOAA Fisheries 2017). 

Seasonal management areas (SMA) 

are designated within portions of the 

proposed survey area. A SMA exists 

from November 1 through April 30, 

annually, in a contiguous area 20 

nautical miles (nm; 37 km) from shore 

between Wilmington, North Carolina to 

Brunswick, Georgia. A SMA also exists 

for the same time period within a 20-nm 

(37 km) radius of the Ports of Hampton 

Roads and Morehead City/Beaufort, NC. 

While the WDA does not overlap with 

these SMAs, vessel transit routes and 

portions of the ECCs that will be 

surveyed do spatially overlap with these 

SMAs. Kitty Hawk intends to complete 

the surveys before November 1, 2022. 

However, we assume that the surveys 

may extend throughout the year in our 

analyses. The implementing regulations 

identifying SMAs (50 CFR 224.105) also 

establish a process under which 

dynamic management areas (DMAs) can 

be established based on North Atlantic 

right whale sightings. NMFS has 

established a Slow Zone program in 

2020 that notifies vessel operators of 

areas where maintaining speeds of 10 

knots or less can help protect right 

whales from vessel collisions. Right 

Whale Slow Zones are established 

around areas where right whales have 

been recently seen or heard; these areas 

are identical to DMAs when triggered by 

right whale visual sightings but they can 

also be established when right whale 

detections are confirmed from acoustic 

receivers. More information on SMAs, 

DMAs, and Slow Zones can be found at 

https://www.fisheries.noaa.gov/ 

national/endangered-speciesconservation/reducing-vessel-strikesnorth-atlantic-right-whales#:∼:

text=Right%20Whale%20Slow

%20Zones%20is,right

%20whales%20have%

20been%20detected. 

In 2020, NMFS finalized a report 

evaluating the conservation value and 

economic and navigational safety 

impacts of the 2008 North Atlantic right 

whale vessel speed regulations. The 

report evaluates four aspects of the right 

whale vessel speed rule: Biological 

efficacy, mariner compliance, impacts to 

navigational safety, and economic cost 

to mariners. NMFS continues to 

evaluate its North Atlantic right whale 

vessel strike reduction programs, both 

regulatory and non-regulatory. NMFS 

anticipates releasing a proposed rule 

modifying the right whale speed 

regulations in Spring 2022 to further 

address the risk of mortality and serious 

injury from vessel collisions in U.S. 

waters. 

The proposed survey area is also 

recognized as a migratory corridor 

Biologically Important Area (BIA) for 

North Atlantic right whales (effective 

March–April and November–December) 

that extends from Massachusetts to 

Florida (LeBrecque et al., 2015). This 

important migratory area is 

approximately 269,488 km2 in and is 

comprised of the waters of the 

continental shelf offshore the East Coast 

of the United States, extending from 

Florida through Massachusetts. No 

critical habitat is designated within the 

survey area. 

Humpback Whale 

Humpback whales are found 

worldwide in all oceans. Humpback 

whales were listed as endangered under 

the Endangered Species Conservation 

Act (ESCA) in June 1970. In 1973, the 

ESA replaced the ESCA, and 

humpbacks continued to be listed as 

endangered. NMFS recently evaluated 

the status of the species, and on 

September 8, 2016, NMFS divided the 

species into 14 distinct population 

segments (DPS), removed the current 

species-level listing, and in its place 

listed four DPSs as endangered and one 

DPS as threatened (81 FR 62259; 

September 8, 2016). The remaining nine 

DPSs were not listed. The West Indies 

DPS, which is not listed under the ESA, 

is the only DPS of humpback whale that 

is expected to occur in the survey area. 

Since January 2016, elevated 

humpback whale mortalities have 

occurred along the Atlantic coast from 

Maine to Florida. Partial or full 

necropsy examinations have been 

conducted on approximately half of the 

155 known cases. Of the whales 

examined, about 50 percent had 

evidence of human interaction, either 

ship strike or entanglement. While a 

portion of the whales have shown 

evidence of pre-mortem vessel strike, 

this finding is not consistent across all 

whales examined and more research is 

needed. NOAA is consulting with 

researchers that are conducting studies 

on the humpback whale populations, 

and these efforts may provide 

information on changes in whale 

distribution and habitat use that could 

provide additional insight into how 

these vessel interactions occurred. 

Three previous UMEs involving 

humpback whales have occurred since 

2000, in 2003, 2005, and 2006. More 

information is available at: 

www.fisheries.noaa.gov/national/ 

marine-life-distress/2016-2021- 

humpback-whale-unusual-mortalityevent-along-atlantic-coast. 

Minke Whale 

Minke whales can be found in 

temperate, tropical, and high-latitude 

waters. The Canadian East Coast stock 

can be found in the area from the 

western half of the Davis Strait (45° W) 

to the Gulf of Mexico (Hayes et al., 

2020). This species generally occupies 

waters less than 100 m deep on the 

continental shelf. Little is known about 

minke whales’ specific movements 

through the mid-Atlantic region; 

however, there appears to be a strong 

seasonal component to minke whale 

distribution, with acoustic detections 

indicating that they migrate south in 


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mid-October to early November, and 

return from wintering grounds starting 

in March through early April (Hayes et 

al., 2020). Northward migration appears 

to track the warmer waters of the Gulf 

Stream along the continental shelf, 

while southward migration is made 

farther offshore (Risch et al., 2014). 

During Kitty Hawk Wind’s 2019 and 

2020 marine site characterization 

surveys, one minke whale was detected, 

this detection occurred while the vessel 

was in transit and located north of the 

project area off New Jersey. 

Since January 2017, elevated minke 

whale mortalities have occurred along 

the Atlantic coast from Maine through 

South Carolina, with a total of 122 

strandings recorded through December 

2021. This event has been declared a 

UME. Full or partial necropsy 

examinations were conducted on more 

than 60 percent of the whales. 

Preliminary findings in several of the 

whales have shown evidence of human 

interactions or infectious disease, but 

these findings are not consistent across 

all of the whales examined, so more 

research is needed. More information is 

available at: www.fisheries.noaa.gov/ 

national/marine-life-distress/2017-2021- 

minke-whale-unusual-mortality-eventalong-atlantic-coast. 

Marine Mammal Habitat 

The survey area primarily includes 

waters inshore and offshore of North 

Carolina with a very small amount of 

work extending into southern Virginia. 

As described above, a migratory BIA for 

North Atlantic right whales is 

recognized within the project area in 

November through December and March 

through April. This BIA extends along 

the entire east coast. A calving BIA is 

located south of the WDA and potential 

cable corridors; therefore, no impacts to 

this BIA are anticipated. 

No other BIAs are recognized nor is 

critical habitat designated in the project 

area; however, the project area is a 

migratory corridor for other large whale 

species (e.g., humpback whales) and 

offers habitat for various activities such 

as socializing and foraging for smaller 

cetaceans such as delphinids. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Current data indicate 

that not all marine mammal species 

have equal hearing capabilities (e.g., 

Richardson et al., 1995; Wartzok and 

Ketten, 1999; Au and Hastings, 2008). 

To reflect this, Southall et al. (2007) 

recommended that marine mammals be 

divided into functional hearing groups 

based on directly measured or estimated 

hearing ranges on the basis of available 

behavioral response data, audiograms 

derived using auditory evoked potential 

techniques, anatomical modeling, and 

other data. Note that no direct 

measurements of hearing ability have 

been successfully completed for 

mysticetes (i.e., low-frequency 

cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65 dB 

threshold from the normalized 

composite audiograms, with the 

exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in Table 4. 

TABLE 4—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 35 kHz. 

Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ........................................... 150 Hz to 160 kHz. 

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 

australis).

275 Hz to 160 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 50 Hz to 86 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 39 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, 

with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation). 

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

(Hemila ̈ et al., 2006; Kastelein et al., 

2009; Reichmuth and Holt, 2013). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. Seventeen marine 

mammal species (all cetaceans) have the 

reasonable potential to be taken by the 

survey activities (Table 5). Of the 

cetacean species that may be present, 5 

are classified as low-frequency 

cetaceans (i.e., all mysticete species), 11 

are classified as mid-frequency 

cetaceans (i.e., all delphinid species), 1 

is classified as a high-frequency 

cetacean (i.e., harbor porpoise). 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

This section includes a summary of 

the ways that Kitty Hawk Wind’s 

specified activity may impact marine 

mammals and their habitat. Detailed 

descriptions of the potential effects of 

similar specified activities have been 

provided in other recent Federal 

Register notices, including for survey 

activities using the same methodology 

and over a similar amount of time (e.g., 

85 FR 37848, June 24, 2020; 85 FR 

45578, July 29, 2020; 85 FR 48179, 

August 10, 2020; 86 FR 11239, February 

24, 2021, 86 FR 28061, May 25, 2021). 

No significant new information is 

available, and we refer the reader to 

these documents rather than repeating 

the details here. The Estimated Take 

section includes a quantitative analysis 

of the number of individuals that are 

expected to be taken by Kitty Hawk 

Wind’s activity. The Negligible Impact 

Analysis and Determination section 

considers the potential effects of the 

specified activity, the Estimated Take 

section, and the Proposed Mitigation 

section, to draw conclusions regarding 

the likely impacts of these activities on 

the reproductive success or survivorship 

of individuals and how those impacts 


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on individuals are likely to impact 

marine mammal species or stocks. 

Summary on Specific Potential Effects 

of Acoustic Sound Sources 

Underwater sound from active 

acoustic sources can include one or 

more of the following: Temporary or 

permanent hearing impairment, nonauditory physical or physiological 

effects, behavioral disturbance, stress, 

and masking. The degree of effect is 

intrinsically related to the signal 

characteristics, received level, distance 

from the source, and duration of the 

sound exposure. Marine mammals 

exposed to high-intensity sound, or to 

lower-intensity sound for prolonged 

periods, can experience hearing 

threshold shift (TS), which is the loss of 

hearing sensitivity at certain frequency 

ranges (Finneran, 2015). TS can be 

permanent (PTS), in which case the loss 

of hearing sensitivity is not fully 

recoverable, or temporary (TTS), in 

which case the animal’s hearing 

threshold would recover over time 

(Southall et al., 2007). 

Animals in the vicinity of Kitty Hawk 

Wind’s proposed HRG survey activity 

are unlikely to incur even TTS due to 

the characteristics of the sound sources, 

which include relatively low source 

levels (176 to 205 dB re 1 mPa-m) and 

generally very short pulses and 

potential duration of exposure. These 

characteristics mean that instantaneous 

exposure is unlikely to cause TTS, as it 

is unlikely that exposure would occur 

close enough to the vessel for received 

levels to exceed peak pressure TTS 

criteria, and that the cumulative 

duration of exposure would be 

insufficient to exceed cumulative sound 

exposure level (SEL) criteria. Even for 

high-frequency cetacean species (e.g., 

harbor porpoises), which have the 

greatest sensitivity to potential TTS, 

individuals would have to make a very 

close approach and also remain very 

close to vessels operating these sources 

in order to receive multiple exposures at 

relatively high levels, as would be 

necessary to cause TTS. Intermittent 

exposures—as would occur due to the 

brief, transient signals produced by 

these sources—require a higher 

cumulative SEL to induce TTS than 

would continuous exposures of the 

same duration (i.e., intermittent 

exposure results in lower levels of TTS). 

Moreover, most marine mammals would 

more likely avoid a loud sound source 

rather than swim in such close 

proximity as to result in TTS. Kremser 

et al. (2005) noted that the probability 

of a cetacean swimming through the 

area of exposure when a sub-bottom 

profiler emits a pulse is small—because 

if the animal was in the area, it would 

have to pass the transducer at close 

range in order to be subjected to sound 

levels that could cause TTS and would 

likely exhibit avoidance behavior to the 

area near the transducer rather than 

swim through at such a close range. 

Further, the restricted beam shape of 

many of HRG survey devices planned 

for use (Table 1) makes it unlikely that 

an animal would be exposed more than 

briefly during the passage of the vessel. 

Behavioral disturbance may include a 

variety of effects, including subtle 

changes in behavior (e.g., minor or brief 

avoidance of an area or changes in 

vocalizations), more conspicuous 

changes in similar behavioral activities, 

and more sustained and/or potentially 

severe reactions, such as displacement 

from or abandonment of high-quality 

habitat. Behavioral responses to sound 

are highly variable and context-specific 

and any reactions depend on numerous 

intrinsic and extrinsic factors (e.g., 

species, state of maturity, experience, 

current activity, reproductive state, 

auditory sensitivity, time of day), as 

well as the interplay between factors. 

Available studies show wide variation 

in response to underwater sound; 

therefore, it is difficult to predict 

specifically how any given sound in a 

particular instance might affect marine 

mammals perceiving the signal. 

In addition, sound can disrupt 

behavior through masking, or interfering 

with, an animal’s ability to detect, 

recognize, or discriminate between 

acoustic signals of interest (e.g., those 

used for intraspecific communication 

and social interactions, prey detection, 

predator avoidance, navigation). 

Masking occurs when the receipt of a 

sound is interfered with by another 

coincident sound at similar frequencies 

and at similar or higher intensity, and 

may occur whether the sound is natural 

(e.g., snapping shrimp, wind, waves, 

precipitation) or anthropogenic (e.g., 

shipping, sonar, seismic exploration) in 

origin. Marine mammal 

communications would not likely be 

masked appreciably by the acoustic 

signals given the directionality of the 

signals for most HRG survey equipment 

types planned for use (Table 1) and the 

brief period when an individual 

mammal is likely to be exposed. 

Sound may affect marine mammals 

through impacts on the abundance, 

behavior, or distribution of prey species 

(e.g., crustaceans, cephalopods, fish, 

zooplankton) (i.e., effects to marine 

mammal habitat). Prey species exposed 

to sound might move away from the 

sound source, experience TTS, 

experience masking of biologically 

relevant sounds, or show no obvious 

direct effects. The most likely impacts 

(if any) for most prey species in a given 

area would be temporary avoidance of 

the area. Surveys using active acoustic 

sound sources move through an area 

relatively quickly, limiting exposure to 

multiple pulses. In all cases, sound 

levels would return to ambient once a 

survey ends and the noise source is shut 

down and, when exposure to sound 

ends, behavioral and/or physiological 

responses are expected to end relatively 

quickly. Finally, the HRG survey 

equipment will not have significant 

impacts to the seafloor and does not 

represent a source of pollution. 

Vessel Strike 

Vessel collisions with marine 

mammals, or ship strikes, can result in 

death or serious injury of the animal. 

These interactions are typically 

associated with large whales, which are 

less maneuverable than are smaller 

cetaceans or pinnipeds in relation to 

large vessels. Ship strikes generally 

involve commercial shipping vessels, 

which are generally larger and of which 

there is much more traffic in the ocean 

than geophysical survey vessels. Jensen 

and Silber (2004) summarized ship 

strikes of large whales worldwide from 

1975–2003 and found that most 

collisions occurred in the open ocean 

and involved large vessels (e.g., 

commercial shipping). For vessels used 

in geophysical survey activities, vessel 

speed while towing gear is typically 

only 4–5 knots. At these speeds, both 

the possibility of striking a marine 

mammal and the possibility of a strike 

resulting in serious injury or mortality 

are so low as to be discountable. At 

average transit speed for geophysical 

survey vessels, the probability of serious 

injury or mortality resulting from a 

strike is less than 50 percent. However, 

the likelihood of a strike actually 

happening is again low given the 

smaller size of these vessels and 

generally slower speeds. Notably in the 

Jensen and Silber study, no strike 

incidents were reported for geophysical 

survey vessels during that time period. 

The potential effects of Kitty Hawk 

Wind’s specified survey activity are 

expected to be limited to Level B 

behavioral harassment. No permanent or 

temporary auditory effects, or 

significant impacts to marine mammal 

habitat, including prey, are expected. 

Estimated Take 

This section provides an estimate of 

the number of incidental takes proposed 

for authorization through this IHA, 

which will inform both NMFS’ 

consideration of ‘‘small numbers’’ and 

the negligible impact determination. 


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Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of the 

MMPA defines ‘‘harassment’’ as any act 

of pursuit, torment, or annoyance, 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild (Level A harassment); 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

(Level B harassment). 

Authorized takes would be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to noise from certain 

HRG acoustic sources. Based primarily 

on the characteristics of the signals 

produced by the acoustic sources 

planned for use, Level A harassment is 

neither anticipated (even absent 

mitigation), nor proposed to be 

authorized. Consideration of the 

anticipated effectiveness of the 

mitigation measures (i.e., exclusion 

zones and shutdown measures), 

discussed in detail below in the 

Proposed Mitigation section, further 

strengthens the conclusion that Level A 

harassment is not a reasonably 

anticipated outcome of the survey 

activity. As described previously, no 

serious injury or mortality is anticipated 

or proposed to be authorized for this 

activity. Below we describe how the 

take is estimated. 

Generally speaking, we estimate take 

by considering: (1) Acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area or 

volume of water that will be ensonified 

above these levels in a day; (3) the 

density or occurrence of marine 

mammals within these ensonified areas; 

and, (4) and the number of days of 

activities. We note that while these 

basic factors can contribute to a basic 

calculation to provide an initial 

prediction of takes, additional 

information that can qualitatively 

inform take estimates is also sometimes 

available (e.g., previous monitoring 

results or average group size). Below, we 

describe the factors considered here in 

more detail and present the proposed 

take estimates. 

Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur PTS of some 

degree (equated to Level A harassment). 

Level B Harassment for non-explosive 

sources—Though significantly driven by 

received level, the onset of behavioral 

disturbance from anthropogenic noise 

exposure is also informed to varying 

degrees by other factors related to the 

source (e.g., frequency, predictability, 

duty cycle), the environment (e.g., 

bathymetry), and the receiving animals 

(hearing, motivation, experience, 

demography, behavioral context) and 

can be difficult to predict (Southall et 

al., 2007, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a factor that is both predictable 

and measurable for most activities, 

NMFS uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS predicts that marine 

mammals are likely to be behaviorally 

harassed in a manner we consider Level 

B harassment when exposed to 

underwater anthropogenic noise above 

received levels of 160 dB re 1 mPa (rms) 

for the impulsive sources (i.e., sparkers 

and boomers) evaluated here for Kitty 

Hawk Wind’s proposed activity. 

Level A Harassment—NMFS’ 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (Version 2.0) 

(Technical Guidance, 2018) identifies 

dual criteria to assess auditory injury 

(Level A harassment) to five different 

marine mammal groups (based on 

hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). For more information, see 

NMFS’ 2018 Technical Guidance, which 

may be accessed at 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

Kitty Hawk Wind’s proposed activity 

includes the use of impulsive sources. 

However, as discussed above, NMFS has 

concluded that Level A harassment is 

not a reasonably likely outcome for 

marine mammals exposed to noise 

through use of the sources proposed for 

use here, and the potential for Level A 

harassment is not evaluated further in 

this document. Please see Kitty Hawk 

Wind’s application for details of a 

quantitative exposure analysis exercise, 

i.e., calculated Level A harassment 

isopleths and estimated Level A 

harassment exposures. Kitty Hawk 

Wind did not request authorization of 

take by Level A harassment, and no take 

by Level A harassment is proposed for 

authorization by NMFS. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that will feed into identifying the area 

ensonified above the acoustic 

thresholds, which include source levels 

and transmission loss coefficient. 

Sources that have the potential to 

result in marine mammal harassment 

include sparkers and boomers. These 

are impulsive sources. The basis for the 

HRG survey take estimate is the number 

of marine mammals that would be 

exposed to sound levels in excess of 

Level B harassment criteria for 

impulsive and/or intermittent noise 

(160 dBrms). Distances to thresholds 

were calculated assuming a propagation 

loss rate of 15logR, also known as 

practical spreading. The resulting 

distances to NMFS Level B harassment 

isopleth (160 dBrms) are presented in 

Table 5. 

Kitty Hawk then considered track line 

coverage and isopleth distance to 

estimate the maximum ensonified area 

over a 24-hr period, also referred to as 

the zone of influence (ZOI). The 

estimated distance of the daily vessel 

track line was determined using the 

estimated average speed of the vessel (4 

knots [7.4 km/hr]) and the 24-hour 

operational period. Within each survey 

segment, the ZOI was calculated using 

the respective maximum distance to the 

Level B harassment threshold and 

estimated daily vessel track of 177.792 

km. During the use of the Applied 

Acoustics Dura-Spark 1000J MCS, 

estimates of take have been based on a 

maximum Level B harassment distance 

of 445 m from the sound source 

resulting in an ensonified area (i.e., ZOI) 

around the survey equipment of 158.857 

km2 per day over a projected survey 

period of 45 days (Table 5). During the 

use of Applied Acoustics S-Boom 

(boomer), estimates of take have been 

based on a maximum Level B 

harassment distance of 13.49 m from the 

sound source resulting in an ensonified 

area (i.e., ZOI) around the survey 

equipment of 4.765 km2 per day over a 

projected survey period of 273 days 

(Table 5). 

The ZOI is a representation of the 

maximum extent of the ensonified area 

around a sound source over a 24-hr 

period. The ZOI was calculated per the 

following formula: 

ZOI = (Distance/day × 2r) + pr2


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TABLE 5—LEVEL B HARASSMENT THRESHOLD DISTANCES AND ENSONIFIED AREA

Dominant survey equipment 

Number of 

active survey 

days 

Estimated total 

line distance 

(km) 

Estimated 

distance 

per day 

(km) 

Distance to 

threshold 

ZOI per day 

(km2) 

MCS ..................................................................................... 47 8,152 177.792 445 158.857 

Boomer ................................................................................. 226 42,059 ........................ 13.4 4.765 

Marine Mammal Occurrence 

In this section we provide the 

information about the presence, density, 

or group dynamics of marine mammals 

that will inform the take calculations. 

Habitat-based density models 

produced by the Duke University 

Marine Geospatial Ecology Laboratory 

(Roberts et al., 2016, 2017, 2018, 2020) 

represent the best available information 

regarding marine mammal densities in 

the survey area. The density data 

presented by Roberts et al. (2016, 2017, 

2018, 2020) incorporates aerial and 

shipboard line-transect survey data from 

NMFS and other organizations and 

incorporates data from 8 physiographic 

and 16 dynamic oceanographic and 

biological covariates, and controls for 

the influence of sea state, group size, 

availability bias, and perception bias on 

the probability of making a sighting. 

These density models were originally 

developed for all cetacean taxa in the 

U.S. Atlantic (Roberts et al., 2016). In 

subsequent years, certain models have 

been updated based on additional data 

as well as certain methodological 

improvements. More information is 

available online at https://seamap.env.

duke.edu/models/Duke/EC/. Marine 

mammal density estimates in the survey 

area (animals/km2) were obtained using 

the most recent model results for all 

taxa (Roberts et al., 2016, 2017, 2018, 

2020). The updated models incorporate 

additional sighting data, including 

sightings from NOAA’s Atlantic Marine 

Assessment Program for Protected 

Species (AMAPPS) surveys. 

Monthly density grids (e.g., rasters) 

for each species were overlain with the 

Survey Area and values from all grid 

cells that overlapped the Survey Area 

were averaged to determine monthly 

mean density values for each species. 

Monthly mean density values within the 

Survey Area were averaged by season 

(Winter [December, January, February], 

Spring [March, April, May], Summer 

[June, July, August], Fall [September, 

October, November]) to provide 

seasonal density estimates. Within each 

survey segment (WDA and offshore 

export cable corridor), the highest 

seasonal density estimates during the 

duration of the proposed survey were 

used to estimate take. 

Take Calculation and Estimation 

Here we describe how the information 

provided above is brought together to 

produce a quantitative take estimate. 

For most species, the proposed take 

amount is equal to the calculated take 

amount resulting from the following 

equation: D × ZOI × d where d equals 

the number of days each source is 

dominant (i.e., 47 days for the sparker 

and 226 days for the boomer). We note 

the densities provided in Table 5 

represent the number of animals/100 

km; therefore, the density is normalized 

to 1km in the equation. However, for 

some species, this equation does not 

reflect those species that can travel in 

large groups—an important parameter to 

consider that is not captured by density 

values. The equation also does not 

capture the propensity of some 

delphinid species to be attracted to the 

vessel and bowride. Therefore, to 

account for these real-world situations, 

the proposed take is a product of group 

size. For large groups of spotted and 

common dolphins knowing their 

affinity for bow riding (and therefore 

coming very close to the vessel), Kitty 

Hawk Wind assumed one group could 

be taken each day of sparker and/or 

boomer operations (273). Based on 

marine mammal sighting data collected 

during previous survey efforts, as 

described in Avangrid’s previous 

monitoring report, Kitty Hawk Wind 

assumes an average group size for 

spotted dolphins is 16 in the survey 

area. For common dolphins, the overall 

average reported group size was 4 in all 

survey areas but the average group size 

during prior geotechnical surveys was 

17 individuals. For Risso’s dolphin and 

pilot whales, average group size for 

these species are 25 and 20, respectively 

(Reeves et al. 2002). 

For bottlenose dolphin densities, 

Roberts et al. (2016a, 2016b, 2017, 2018, 

2020) does not differentiate by 

individual stock. The WDA is located 

within depths exceeding 20 m. 

Therefore, given the southern coastal 

migratory stock propensity to be found 

shallower than the 20 m depth isobath 

north of Cape Hatteras (Reeves et al. 

2002; Waring et al. 2016), take of the 

southern coastal migratory stock would 

be unlikely. Therefore, all work in the 

WDA was allocated to the offshore 

stock. 

Table 6 provides the total amount of 

take calculated and proposed to be 

authorized in the IHA. For details of 

take per survey segment, please see 

Table 8 in Kitty Hawk’s application. 

TABLE 6—MARINE MAMMAL DENSITY AND TAKE ESTIMATES

Species Stock Calculated 

take Proposed take Percent of population 

N Atlantic right whale ....................... Western North Atlantic .................................................. 2 2 <1 

Humpback whale .............................. Gulf of Maine ................................................................ 15 15 <1 

Fin whale .......................................... Western North Atlantic .................................................. 18 18 <1 

Sei whale .......................................... Western North Atlantic .................................................. 1 1 ........................

Minke whale ..................................... Canadian East Coast .................................................... 22 22 <1

Pilot whales ...................................... Western North Atlantic .................................................. 32 32 <1 

Cuvier’s Beaked Whale .................... Western North Atlantic .................................................. 5 5 <1 

Mesoplodon spp. .............................. Western North Atlantic .................................................. 3 3 <1 

Bottlenose dolphin ............................ Western North Atlantic, offshore ................................... 823 823 <1 

Bottlenose dolphin ............................ Western North Atlantic southern migratory coastal ...... 226 226 6.0 

Common dolphin a ............................ Western North Atlantic .................................................. 365 9,282 5.3 

Atlantic spotted dolphin a .................. Western North Atlantic .................................................. 418 8,736 <1 


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TABLE 6—MARINE MAMMAL DENSITY AND TAKE ESTIMATES—Continued 

Species Stock Calculated 

take Proposed take Percent of population 

Risso’s dolphin a ............................... Western North Atlantic .................................................. 8 25 <1 

Rough-toothed dolphin a ................... Western North Atlantic .................................................. 1 20 14.7 

Harbor porpoise ............................... Gulf of Maine/Bay of Fundy .......................................... 39 39 <1 

a Multiplier applied to increase calculated take to account for two large group size, an average pod size of 16 individuals encountered in Survey 

Area (Milne 2019, 2021) has been included for spotted dolphin and 17 individuals have also been included for common dolphin (Milne 2019, 

2021). Pod size adjustments of 25 and 20 individuals (average pod size from Reeves et al. [2002]) have been included for Risso’s and roughtoothed dolphins, respectively. 

Proposed Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, we carefully consider two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 

(probability implemented as planned); 

and 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost and 

impact on operations. 

Mitigation for Marine Mammals and 

Their Habitat 

NMFS proposes that the following 

mitigation measures be implemented 

during Kitty Hawk Wind’s planned 

marine site characterization surveys. 

Pre-Clearance of the Shutdown Zones 

Kitty Hawk Wind would implement a 

30-minute monitoring period of the 

clearance zones prior to the initiation of 

ramp-up of HRG equipment. During this 

period, the clearance zone will be 

monitored by the protected species 

observers (PSOs), using the appropriate 

visual technology. Ramp-up may not be 

initiated if any marine mammal(s) is 

within its respective zone. If a marine 

mammal is observed within the 

clearance zone during the pre-clearance 

period, ramp-up may not begin until the 

animal(s) has been observed exiting its 

respective clearance zone or until an 

additional time period has elapsed with 

no further sighting (i.e., 15 minutes for 

small odontocetes and seals, and 30 

minutes for all other species). 

Ramp-Up 

Where technically feasible (e.g., 

equipment is not on a binary on/off 

switch), a ramp-up procedure will be 

used for HRG survey equipment capable 

of adjusting energy levels at the start or 

restart of HRG survey activities. A rampup would begin with the power of the 

smallest acoustic equipment at its 

lowest practical power output 

appropriate for the survey. When 

technically feasible the power would 

then be turned up and other acoustic 

sources added in a way such that the 

source level would increase gradually. 

Ramp-up activities not begin if a marine 

mammal(s) enters a clearance zone(s) 

prior to initiating ramp-up. Ramp-up 

will commence when the animal has 

been observed exiting the exclusion 

zone or until an additional time period 

has elapsed with no further sighting 

(i.e., 15 minutes for small dolphins and 

seals and 30 minutes for all other 

marine mammal species). The ramp-up 

procedure will be used at the beginning 

of HRG survey activities to provide 

additional protection to marine 

mammals near the survey area by 

allowing them to vacate the area prior 

to the commencement of survey 

equipment use. 

Marine Mammal Shutdown Zones 

An immediate shutdown of a sparker 

or boomer would be required if a marine 

mammal is sighted entering or within its 

respective exclusion zone. The vessel 

operator must comply immediately with 

any call for shutdown by the Lead PSO. 

Any disagreement between the Lead 

PSO and vessel operator should be 

discussed only after shutdown has 

occurred. Subsequent restart of the 

survey equipment can be initiated if the 

animal has been observed exiting its 

respective exclusion zone or 30 minutes 

has passed without subsequent 

detection of a large whale or 15 minutes 

for a smaller cetacean or seal. Table 6 

provides the required shutdown zones. 

TABLE 6—CLEARANCE AND SHUTDOWN ZONES DURING SPARKER AND BOOMER USE

Species 

Clearance 

zone 

(m) 

Shutdown 

zone 

(m) 

North Atlantic right whale ........................................................................................................................................ 500 500 

All other ESA-listed marine mammals ..................................................................................................................... 500 450 

Non-ESA marine mammals 1 ................................................................................................................................... 100 100 

1Shutdown is not required for a delphinid from specified genera Delphinus, Stenella (frontalis only), and Tursiops. 


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Shutdown Procedures 

The vessel operator must comply 

immediately with any call for shutdown 

by the Lead PSO. Any disagreement 

between the Lead PSO and vessel 

operator should be discussed only after 

shutdown has occurred. Subsequent 

restart of the survey equipment can be 

initiated if the animal has been observed 

exiting its respective shutdown zone or 

the relevant time period has lapsed 

without re-detection (15 minutes for 

small odontocetes and seals, and 30 

minutes for all other species). 

The shutdown requirement would be 

waived for small delphinids of the 

following genera: Delphinus, Stenella 

(frontalis only), and Tursiops. 

Furthermore, if there is uncertainty 

regarding identification of a marine 

mammal species (i.e., whether the 

observed marine mammal(s) belongs to 

one of the delphinid genera for which 

shutdown is waived), PSOs must use 

best professional judgement in making 

the decision to call for a shutdown. 

Additionally, shutdown is required if a 

delphinid detected in the exclusion 

zone and belongs to a genus other than 

those specified. 

If the acoustic source is shut down for 

reasons other than mitigation (e.g., 

mechanical difficulty) for less than 30 

minutes, it may be activated again only 

if the PSOs have maintained constant 

observation and the shutdown zone is 

clear of marine mammals. If the source 

is turned off for more than 30 minutes, 

it may only be restarted after PSOs have 

cleared the shutdown zones for 30 

minutes. 

If a species for which authorization 

has not been granted, or, a species for 

which authorization has been granted 

but the authorized number of takes have 

been met, approaches or is observed 

within the Level B harassment zone 

(445 m), shutdown would be required. 

Vessel Strike Avoidance 

Kitty Hawk Wind will ensure that 

vessel operators and crew maintain a 

vigilant watch for marine mammals and 

slow down or stop their vessels to avoid 

striking these species. All personnel 

responsible for navigation and marine 

mammal observation duties will receive 

site-specific training on marine 

mammals sighting/reporting and vessel 

strike avoidance measures. Vessel strike 

avoidance measures would include the 

following, except under circumstances 

when complying with these 

requirements would put the safety of the 

vessel or crew at risk: 

• Vessel operators and crews must 

maintain a vigilant watch for all 

protected species and slow down, stop 

their vessel, or alter course, as 

appropriate and regardless of vessel 

size, to avoid striking any protected 

species. A visual observer aboard the 

vessel must monitor a vessel strike 

avoidance zone based on the 

appropriate separation distance around 

the vessel (distances stated below). 

Visual observers monitoring the vessel 

strike avoidance zone may be thirdparty observers (i.e., PSOs) or crew 

members, but crew members 

responsible for these duties must be 

provided sufficient training to (1) 

distinguish protected species from other 

phenomena and (2) broadly to identify 

a marine mammal as a right whale, 

other whale (defined in this context as 

sperm whales or baleen whales other 

than right whales), or other marine 

mammal; 

• All vessel operators will monitor 

the North Atlantic Right Whale 

Reporting Systems (e.g., the Early 

Warning System, Sighting Advisory 

System, and Mandatory Ship Reporting 

System) daily throughout the entire 

survey period for the presence of North 

Atlantic right whales during activities 

conducted in support of plan submittal; 

• All vessel operators will comply 

with the 10 knot (18.5 km/hr) or less 

speed restrictions when operating in 

any SMA from November 1 through 

April 30; 

• All vessels, regardless of size, must 

observe a 10-knot speed restriction in a 

North Atlantic right whale DMA; 

• All survey vessels will maintain a 

separation distance of 500 m or greater 

from any sighted North Atlantic right 

whale or other ESA-listed whale; 

• If underway, vessels must steer a 

course away from any sighted North 

Atlantic right whale at 10 knots (18.5 

km/hr) or less until the 500 m minimum 

separation distance has been 

established. If a North Atlantic right 

whale is sighted in a vessel’s path, or 

within 100 m to an underway vessel, the 

underway vessel must reduce speed and 

shift the engine to neutral. Engines will 

not be engaged until the North Atlantic 

right whale has moved outside of the 

vessel’s path and beyond 100 m. If 

stationary, the vessel must not engage 

engines until the North Atlantic right 

whale has moved beyond 100 m; 

• All vessels will maintain a 

separation distance of 100 m or greater 

from any sighted non-delphinid 

cetacean. If sighted, the vessel 

underway must reduce speed and shift 

the engine to neutral, and must not 

engage the engines until the nondelphinid cetacean has moved outside 

of the vessel’s path and beyond 100 m. 

If a survey vessel is stationary, the 

vessel will not engage engines until the 

non-delphinid cetacean has moved out 

of the vessel’s path and beyond 100 m; 

• All vessel operators will comply 

with 10 knot (18.5 km/hr) or less speed 

restrictions when mother/calf pairs, 

pods, or large assemblages of nondelphinid cetaceans are observed near 

an underway vessel; 

• All vessels will maintain a 

separation distance of 50 m or greater 

from any sighted delphinid cetacean 

and pinniped. Any vessel underway 

will remain parallel to a sighted 

delphinid cetacean or pinniped’s course 

whenever possible and avoid excessive 

speed or abrupt changes in direction. 

Any vessel underway reduces vessel 

speed to 10 knots (18.5 km/hr) or less 

when pods (including mother/calf pairs) 

or large assemblages of delphinid 

cetaceans are observed. Vessels may not 

adjust course and speed until the 

delphinid cetaceans have moved 

beyond 50 m and/or the abeam of the 

underway vessel; 

• All vessels underway will not 

divert or alter course in order to 

approach any marine mammal. Any 

vessel underway will avoid excessive 

speed or abrupt changes in direction to 

avoid injury to the sighted cetacean or 

pinniped; 

• All vessels must reduce their speed 

to 10 knots or less when mother/calf 

pairs, pods, or large assemblages of 

cetaceans are observed near a vessel 

underway; 

• All vessels must maintain a 

minimum separation distance of 500 m 

from right whales. If a whale is observed 

but cannot be confirmed as a species 

other than a right whale, the vessel 

operator must assume that it is a right 

whale and take appropriate action; 

• All vessels must maintain a 

minimum separation distance of 100 m 

from or greater from any sighted nondelphinid cetacean; 

• All vessels shall attempt to 

maintain a separation distance of 50 m 

or greater from any sighted delphinid 

cetacean and pinniped, with an 

understanding that at times this may not 

be possible (e.g., for animals that 

approach the vessel); and 

• When marine mammals are sighted 

while a vessel is underway, the vessel 

shall take action as necessary to avoid 

violating the relevant separation 

distance (e.g., attempt to remain parallel 

to the animal’s course, avoid excessive 

speed or abrupt changes in direction 

until the animal has left the area). If 

marine mammals are sighted within the 

relevant separation distance, the vessel 

must reduce speed and shift the engine 

to neutral, not engaging the engines 

until animals are clear of the area. This 

does not apply to any vessel towing gear 


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or any vessel that is navigationally 

constrained. 

These requirements do not apply in 

any case where compliance would 

create an imminent and serious threat to 

a person or vessel or to the extent that 

a vessel is restricted in its ability to 

maneuver and, because of the 

restriction, cannot comply. 

Project-specific training will be 

conducted for all vessel crew prior to 

the start of a survey and during any 

changes in crew such that all survey 

personnel are fully aware and 

understand the mitigation, monitoring, 

and reporting requirements. Prior to 

implementation with vessel crews, the 

training program will be provided to 

NMFS for review and approval. 

Confirmation of the training and 

understanding of the requirements will 

be documented on a training course log 

sheet. Signing the log sheet will certify 

that the crew member understands and 

will comply with the necessary 

requirements throughout the survey 

activities. In addition to the 

aforementioned measures, Kitty Hawk 

will abide by all marine mammal 

relevant conditions in the Greater 

Atlantic Regional Office’s (GARFO) 

informal programmatic consultation, 

dated June 29, 2021 (revised September 

2021), pursuant to section 7 of the ESA. 

These include the relevant best 

management practices of project design 

criteria (PDCs) 4, 5, and 7. 

Based on our evaluation of Kitty 

Hawk Wind’s proposed measures, 

NMFS has preliminarily determined 

that the proposed mitigation measures 

provide the means of effecting the least 

practicable impact on marine mammal 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring and Reporting 

In order to issue an IHA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present in the planned survey area. 

Effective reporting is critical both to 

compliance as well as ensuring that the 

most value is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Monitoring Measures 

Visual monitoring will be performed 

by qualified, NMFS-approved PSOs, the 

resumes of whom will be provided to 

NMFS for review and approval prior to 

the start of survey activities. Kitty Hawk 

Wind would employ independent, 

dedicated, trained PSOs, meaning that 

the PSOs must (1) be employed by a 

third-party observer provider, (2) have 

no tasks other than to conduct 

observational effort, collect data, and 

communicate with and instruct relevant 

vessel crew with regard to the presence 

of marine mammals and mitigation 

requirements (including brief alerts 

regarding maritime hazards), and (3) 

have successfully completed an 

approved PSO training course 

appropriate for their designated task. 

The PSOs will be responsible for 

monitoring the waters surrounding each 

survey vessel to the farthest extent 

permitted by sighting conditions, 

including exclusion zones, during all 

HRG survey operations. PSOs will 

visually monitor and identify marine 

mammals, including those approaching 

or entering the established exclusion 

zones during survey activities. It will be 

the responsibility of the Lead PSO on 

duty to communicate the presence of 

marine mammals as well as to 

communicate the action(s) that are 

necessary to ensure mitigation and 

monitoring requirements are 

implemented as appropriate. 

During all HRG survey operations 

(e.g., any day on which use of an HRG 

source is planned to occur), a minimum 

of one PSO must be on duty during 

daylight operations on each survey 

vessel, conducting visual observations 

at all times on all active survey vessels 

during daylight hours (i.e., from 30 

minutes prior to sunrise through 30 

minutes following sunset). Two PSOs 

will be on watch during nighttime 

operations. The PSO(s) would ensure 

360° visual coverage around the vessel 

from the most appropriate observation 

posts and would conduct visual 

observations using binoculars and/or 

night vision goggles and the naked eye 

while free from distractions and in a 

consistent, systematic, and diligent 

manner. PSOs may be on watch for a 

maximum of 4 consecutive hours 

followed by a break of at least 2 hours 

between watches and may conduct a 

maximum of 12 hours of observation per 

24-hour period. In cases where multiple 

vessels are surveying concurrently, any 

observations of marine mammals would 

be communicated to PSOs on all nearby 

survey vessels. 

PSOs must be equipped with 

binoculars and have the ability to 

estimate distance and bearing to detect 

marine mammals, particularly in 

proximity to exclusion zones. 

Reticulated binoculars must also be 

available to PSOs for use as appropriate 

based on conditions and visibility to 

support the sighting and monitoring of 

marine mammals. During nighttime 

operations, night-vision goggles with 

thermal clip-ons and infrared 

technology would be used. Position data 

would be recorded using hand-held or 

vessel GPS units for each sighting. 

During good conditions (e.g., daylight 

hours; Beaufort sea state 3 or less), to 

the maximum extent practicable, PSOs 

would also conduct observations when 

the acoustic source is not operating for 

comparison of sighting rates and 

behavior with and without use of the 

active acoustic sources. Any 

observations of marine mammals by 

crew members aboard any vessel 

associated with the survey would be 

relayed to the PSO team. 

Data on all PSO observations would 

be recorded based on standard PSO 

collection requirements. This would 

include dates, times, and locations of 


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survey operations; dates and times of 

observations, location and weather; 

details of marine mammal sightings 

(e.g., species, numbers, behavior); and 

details of any observed marine mammal 

behavior that occurs (e.g., noted 

behavioral disturbances). 

Reporting Measures 

Within 90 days after completion of 

survey activities or expiration of this 

IHA, whichever comes sooner, a final 

technical report will be provided to 

NMFS that fully documents the 

methods and monitoring protocols, 

summarizes the data recorded during 

monitoring, summarizes the number of 

marine mammals observed during 

survey activities (by species, when 

known), summarizes the mitigation 

actions taken during surveys (including 

what type of mitigation and the species 

and number of animals that prompted 

the mitigation action, when known), 

and provides an interpretation of the 

results and effectiveness of all 

mitigation and monitoring. Any 

recommendations made by NMFS must 

be addressed in the final report prior to 

acceptance by NMFS. All draft and final 

marine mammal and acoustic 

monitoring reports must be submitted to 

PR.ITP.MonitoringReports@noaa.gov 

and ITP.Daly@noaa.gov. The report 

must contain at minimum, the 

following: 

• PSO names and affiliations; 

• Dates of departures and returns to 

port with port name; 

• Dates and times (Greenwich Mean 

Time) of survey effort and times 

corresponding with PSO effort; 

• Vessel location (latitude/longitude) 

when survey effort begins and ends; 

vessel location at beginning and end of 

visual PSO duty shifts; 

• Vessel heading and speed at 

beginning and end of visual PSO duty 

shifts and upon any line change; 

• Environmental conditions while on 

visual survey (at beginning and end of 

PSO shift and whenever conditions 

change significantly), including wind 

speed and direction, Beaufort sea state, 

Beaufort wind force, swell height, 

weather conditions, cloud cover, sun 

glare, and overall visibility to the 

horizon; 

• Factors that may be contributing to 

impaired observations during each PSO 

shift change or as needed as 

environmental conditions change (e.g., 

vessel traffic, equipment malfunctions); 

• Survey activity information, such as 

type of survey equipment in operation, 

acoustic source power output while in 

operation, and any other notes of 

significance (i.e., pre-clearance survey, 

ramp-up, shutdown, end of operations, 

etc.). 

If a marine mammal is sighted, the 

following information should be 

recorded: 

• Watch status (sighting made by PSO 

on/off effort, opportunistic, crew, 

alternate vessel/platform); 

• PSO who sighted the animal; 

• Time of sighting; 

• Vessel location at time of sighting; 

• Water depth; 

• Direction of vessel’s travel (compass 

direction); 

• Direction of animal’s travel relative 

to the vessel; 

• Pace of the animal; 

• Estimated distance to the animal 

and its heading relative to vessel at 

initial sighting; 

• Identification of the animal (e.g., 

genus/species, lowest possible 

taxonomic level, or unidentified); also 

note the composition of the group if 

there is a mix of species; 

• Estimated number of animals (high/ 

low/best); 

• Estimated number of animals by 

cohort (adults, yearlings, juveniles, 

calves, group composition, etc.); 

• Description (as many distinguishing 

features as possible of each individual 

seen, including length, shape, color, 

pattern, scars or markings, shape and 

size of dorsal fin, shape of head, and 

blow characteristics); 

• Detailed behavior observations (e.g., 

number of blows, number of surfaces, 

breaching, spyhopping, diving, feeding, 

traveling; as explicit and detailed as 

possible; note any observed changes in 

behavior); 

• Animal’s closest point of approach 

and/or closest distance from the center 

point of the acoustic source; 

• Platform activity at time of sighting 

(e.g., deploying, recovering, testing, data 

acquisition, other); 

• Description of any actions 

implemented in response to the sighting 

(e.g., delays, shutdown, ramp-up, speed 

or course alteration, etc.) and time and 

location of the action. 

Although not anticipated, if a North 

Atlantic right whale is observed at any 

time by PSOs or personnel on any 

project vessels, during surveys or during 

vessel transit, Kitty Hawk Wind must 

immediately report sighting information 

to the NMFS North Atlantic Right 

Whale Sighting Advisory System: (866) 

755–6622. North Atlantic right whale 

sightings in any location must also be 

reported to the U.S. Coast Guard via 

channel 16. 

In the event that Kitty Hawk Wind 

personnel discover an injured or dead 

marine mammal, Kitty Hawk Wind 

would report the incident to the NMFS 

Office of Protected Resources (OPR) and 

the NMFS Southeast Marine Mammal 

Stranding Network (1–877–942–5343) if 

the sighting is in North Carolina or the 

Northeast Stranding Network (1–866– 

755–6622) if the sighting is in Virginia 

as soon as feasible. The report would 

include the following information: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

In the unanticipated event of a ship 

strike of a marine mammal by any vessel 

involved in the activities covered by the 

IHA, Kitty Hawk Wind would report the 

incident to the NMFS OPR and the 

NMFS Southeast Marine Mammal 

Stranding Network (1–877–942–5343) if 

the sighting is in North Carolina or the 

Northeast Stranding Network (1–866– 

755–6622) if the sighting is in Virginia 

as soon as feasible but within 24 hours. 

The report would include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Species identification (if known) or 

description of the animal(s) involved; 

• Vessel’s speed during and leading 

up to the incident; 

• Vessel’s course/heading and what 

operations were being conducted (if 

applicable); 

• Status of all sound sources in use; 

• Description of avoidance measures/ 

requirements that were in place at the 

time of the strike and what additional 

measures were taken, if any, to avoid 

strike; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, visibility) 

immediately preceding the strike; 

• Estimated size and length of animal 

that was struck; 

• Description of the behavior of the 

marine mammal immediately preceding 

and following the strike; 

• If available, description of the 

presence and behavior of any other 

marine mammals immediately 

preceding the strike; 

• Estimated fate of the animal (e.g., 

dead, injured but alive, injured and 

moving, blood or tissue observed in the 

water, status unknown, disappeared); 

and 


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• To the extent practicable, 

photographs or video footage of the 

animal(s). 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

as an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any responses (e.g., intensity, 

duration), the context of any responses 

(e.g., critical reproductive time or 

location, migration), as well as effects 

on habitat, and the likely effectiveness 

of the mitigation. We also assess the 

number, intensity, and context of 

estimated takes by evaluating this 

information relative to population 

status. Consistent with the 1989 

preamble for NMFS’s implementing 

regulations (54 FR 40338; September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the environmental baseline 

(e.g., as reflected in the regulatory status 

of the species, population size and 

growth rate where known, ongoing 

sources of human-caused mortality, or 

ambient noise levels). 

To avoid repetition, our analysis 

applies to all the species listed in Table 

6, given that NMFS expects the 

anticipated effects of the survey to be 

similar in nature. Where there are 

meaningful differences between species 

or stocks—as is the case of the North 

Atlantic right whale—they are included 

as separate subsections below. NMFS 

does not anticipate that serious injury or 

mortality would occur as a result from 

HRG surveys, even in the absence of 

mitigation, and no serious injury or 

mortality is proposed to be authorized. 

As discussed in the Potential Effects of 

Specified Activities on Marine 

Mammals and their Habitat section 

above, non-auditory physical effects and 

vessel strike are not expected to occur. 

NMFS expects that all potential takes 

would be in the form of short-term Level 

B behavioral harassment in the form of 

temporary avoidance of the area or 

decreased foraging (if such activity was 

occurring), reactions that are considered 

to be of low severity and with no lasting 

biological consequences (e.g., Southall 

et al., 2007). Even repeated Level B 

harassment of some small subset of an 

overall stock is unlikely to result in any 

significant realized decrease in viability 

for the affected individuals, and thus 

would not result in any adverse impact 

to the stock as a whole. As described 

above, Level A harassment is not 

expected to occur given the nature of 

the operations, the estimated size of the 

Level A harassment zones, and the 

required shutdown zones for certain 

activities. 

In addition to being temporary, the 

maximum expected harassment zone 

around a survey vessel from sparker use 

is 445 m and 13 m from boomer use. 

The ensonified area surrounding each 

vessel is relatively small compared to 

the overall distribution of the animals in 

the area and their use of the habitat. 

Feeding behavior is not likely to be 

significantly impacted as the impacts of 

the surveys are limited to very small 

areas around each vessel, prey species 

are mobile and are broadly distributed 

throughout the survey area; therefore, 

marine mammals that may be 

temporarily displaced during survey 

activities are expected to be able to 

resume foraging once they have moved 

away from areas with disturbing levels 

of underwater noise. Because of the 

temporary nature of the disturbance and 

the availability of similar habitat and 

resources in the surrounding area, the 

impacts to marine mammals and the 

food sources that they utilize are not 

expected to cause significant or longterm consequences for individual 

marine mammals or their populations. 

There are no rookeries, mating or 

calving grounds known to be 

biologically important to marine 

mammals within the survey area and 

there are no feeding areas known to be 

biologically important to marine 

mammals within the survey area. There 

is no designated critical habitat for any 

ESA-listed marine mammals in the 

survey area. 

North Atlantic Right Whales 

The status of the North Atlantic right 

whale population is of heightened 

concern and, therefore, merits 

additional analysis. As discussed in the 

notice of proposed IHA (86 FR 17783; 

April 6, 2021), elevated North Atlantic 

right whale mortalities began in June 

2017 and there is an active UME. 

Overall, preliminary findings support 

human interactions, specifically vessel 

strikes and entanglements, as the cause 

of death for the majority of right whales. 

As noted previously, the survey area 

overlaps a migratory corridor BIA for 

North Atlantic right whales. Due to the 

fact that the survey activities are 

temporary and the spatial extent of 

sound produced by the survey will be 

very small relative to the spatial extent 

of the available migratory habitat in the 

BIA, right whale migration is not 

expected to be impacted by the survey. 

Given the relatively small size of the 

ensonified area, it is unlikely that prey 

availability would be adversely affected 

by Kitty Hawk Wind’s proposed survey 

operations. Required vessel strike 

avoidance measures would also 

decrease risk of ship strike during 

migration; no ship strike is expected to 

occur during Kitty Hawk Wind’s 

proposed activities. Additionally, only 

very limited take by Level B harassment 

of North Atlantic right whales has been 

requested and is proposed to be 

authorized by NMFS as Kitty Hawk 

Wind’s proposed survey operations 

would be required to maintain a 

shutdown zone of 500 m if a North 

Atlantic right whale is observed. The 

500 m shutdown zone for right whales 

is conservative, considering the Level B 

harassment isopleth for the most 

impactful acoustic source (i.e., 

sparker—which would not be used on 

all survey days) is estimated to be 445 

m, and thereby minimizes the potential 

for behavioral harassment of this 

species. As noted previously, Level A 

harassment is not expected due to the 

characteristics of the signals produced 

by the acoustic sources planned for use; 

this finding is further enforced by the 

proposed mitigation measures. NMFS 

does not anticipate North Atlantic right 

whales takes that would result from 

Kitty Hawk Wind’s activities would 

impact annual rates of recruitment or 

survival. Thus, any takes that occur will 

not result in population level impacts. 

Other Marine Mammal Species With 

Active UMEs 

As discussed above, there are several 

active UMEs occurring in the vicinity of 

Kitty Hawk Wind’s survey area. 

Elevated humpback whale mortalities 

have occurred along the Atlantic coast 

from Maine through Florida since 

January 2016. Of the cases examined, 

approximately half had evidence of 

human interaction (ship strike or 

entanglement). The UME does not yet 

provide cause for concern regarding 

population-level impacts. Despite the 

UME, the relevant population of 

humpback whales (the West Indies 

breeding population, or DPS) remains 

stable at approximately 12,000 

individuals. 


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Beginning in January 2017, elevated 

minke whale strandings have occurred 

along the Atlantic coast from Maine 

through South Carolina, with highest 

numbers in Massachusetts, Maine, and 

New York. This event does not provide 

cause for concern regarding population 

level impacts, as the likely population 

abundance is greater than 20,000 

whales. 

The proposed mitigation measures are 

expected to reduce the number and/or 

severity of takes for all species listed in 

Table 6, including those with active 

UMEs, to the level of least practicable 

adverse impact. In particular they 

would provide animals the opportunity 

to move away from the sound source 

throughout the survey area before HRG 

survey equipment reaches full energy, 

thus preventing them from being 

exposed to sound levels that have the 

potential to cause injury (Level A 

harassment) or more severe Level B 

harassment. No Level A harassment is 

anticipated, even in the absence of 

mitigation measures, or proposed for 

authorization. 

NMFS expects that takes will be in 

the form of short-term Level B 

behavioral harassment by way of brief 

startling reactions and/or temporary 

vacating of the area, or decreased 

foraging (if such activity was 

occurring)—reactions that (at the scale 

and intensity anticipated here) are 

considered to be of low severity, with 

no lasting biological consequences. 

Since both the sources and marine 

mammals are mobile, animals will only 

be exposed briefly to a small ensonified 

area that might result in take. 

Additionally, the proposed mitigation 

measures would further reduce 

exposure to sound that could result in 

more severe behavioral harassment. 

In summary and as described above, 

the following factors preliminarily 

support our determination that the 

impacts resulting from this activity are 

not expected to adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival: 

• No mortality or serious injury is 

anticipated or proposed to be 

authorized; 

• No Level A harassment (PTS) is 

anticipated, even in the absence of 

mitigation measures, or proposed to be 

authorized; 

• Foraging success is not likely to be 

significantly impacted as effects on 

species that serve as prey species for 

marine mammals from the survey are 

expected to be minimal; 

• The availability of alternate areas of 

similar habitat value for marine 

mammals to temporarily vacate the 

survey area during the planned survey 

to avoid exposure to sounds from the 

activity; 

• Take is anticipated to be by Level 

B behavioral harassment only consisting 

of brief startling reactions and/or 

temporary avoidance of the survey area; 

• While the survey area is within 

areas noted as a migratory BIA for North 

Atlantic right whales, the activities will 

occur in such a comparatively small 

area such that any avoidance of the 

survey area due to activities will not 

affect migration. In addition, the 

requirement to shut down at 500 m to 

minimize potential for Level B 

behavioral harassment would limit the 

effects of the action on migratory 

behavior of the species; and 

• The proposed mitigation measures, 

including visual monitoring and 

shutdowns, are expected to minimize 

potential impacts to marine mammals. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

monitoring and mitigation measures, 

NMFS preliminarily finds that the total 

marine mammal take from the activity 

will have a negligible impact on all 

affected marine mammal species or 

stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under sections 101(a)(5)(A) and (D) of 

the MMPA for specified activities other 

than military readiness activities. The 

MMPA does not define small numbers 

and so, in practice, where estimated 

numbers are available, NMFS compares 

the number of individuals taken to the 

most appropriate estimation of 

abundance of the relevant species or 

stock in our determination of whether 

an authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. For this IHA, take of all 

species or stocks is below one third of 

the estimated stock abundance (in fact, 

take of individuals is less than 7 percent 

of the abundance for all affected stocks). 

Based on the analysis contained 

herein of the proposed activity 

(including the proposed mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS preliminarily finds that small 

numbers of marine mammals will be 

taken relative to the population size of 

the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the ESA of 1973 (16 

U.S.C. 1531 et seq.) requires that each 

Federal agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS is proposing to authorize take, 

by Level B harassment only, of North 

Atlantic right whales fin whales, and sei 

whales which are listed under the ESA. 

On June 29, 2021 (revised September 

2021), GARFO completed an informal 

programmatic consultation on the 

effects of certain site assessment and 

site characterization activities to be 

carried out to support the siting of 

offshore wind energy development 

projects off the U.S. Atlantic coast. Part 

of the activities considered in the 

consultation are geophysical surveys 

such as those proposed by Kitty Hawk 

Wind and for which we are proposing 

to authorize take. GARFO concluded 

site assessment surveys are not likely to 

adversely affect endangered species or 

adversely modify or destroy critical 

habitat. NMFS has determined issuance 

of the IHA is covered under the 

programmatic consultation; therefore, 

ESA consultation has been satisfied. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to Kitty Hawk Wind for 

conducting marine site characterization 

surveys off the coast of North Carolina 

and Virginia, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

A draft of the proposed IHA can be 

found at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. 


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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 7155 

Request for Public Comments 

We request comment on our analyses, 

the proposed authorization, and any 

other aspect of this notice of proposed 

IHA for the proposed marine site 

characterization surveys. We also 

request at this time comment on the 

potential Renewal of this proposed IHA 

as described in the paragraph below. 

Please include with your comments any 

supporting data or literature citations to 

help inform decisions on the request for 

this IHA or a subsequent Renewal IHA. 

On a case-by-case basis, NMFS may 

issue a one-time, one-year Renewal IHA 

following notice to the public providing 

an additional 15 days for public 

comments when (1) up to another year 

of identical or nearly identical, or nearly 

identical, activities as described in the 

Description of Proposed Activity section 

of this notice is planned or (2) the 

activities as described in the Description 

of Proposed Activity section of this 

notice would not be completed by the 

time the IHA expires and a Renewal 

would allow for completion of the 

activities beyond that described in the 

Dates and Duration section of this 

notice, provided all of the following 

conditions are met: 

• A request for renewal is received no 

later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA); 

• The request for renewal must 

include the following: 

(1) An explanation that the activities 

to be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take); and 

(2) A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

Upon review of the request for 

Renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

Dated: February 2, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–02573 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB784] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council) will 

hold a public meeting of its Mackerel, 

Squid, and Butterfish Advisory Panel. 

See SUPPLEMENTARY INFORMATION for 

agenda details. 

DATES: The meeting will be held on 

Wednesday, February 23, 2022, from 9 

a.m. until 12 p.m. 

ADDRESSES: The meeting will be held 

via webinar. Connection information 

will be posted to the calendar prior to 

the meeting at www.mafmc.org. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

Council’s Mackerel, Squid, and 

Butterfish Advisory Panel will meet via 

webinar. The purpose of this meeting is 

for the Advisory Panel to develop 

fishery performance reports (FPRs) for 

Illex squid and Atlantic mackerel. The 

intent of the FPR is to facilitate 

structured input from the Advisory 

Panel on recent fishery performance. 

The FPR will be considered as 2022 

Illex specifications are reviewed and as 

mackerel rebuilding revisions are 

considered. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to 

Shelley Spedden, (302) 526–5251, at 

least 5 days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 3, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–02609 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB786] 

Marine Mammals; File No. 26345 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Sealight Pictures, 51A Seaview St, 

Balgowlah, Sydney NSW 2093 Australia 

(Responsible Party: Adam Geiger), has 

applied in due form for a permit to 

conduct commercial photography on 

pinnipeds. 

DATES: Written, telefaxed, or email 

comments must be received on or before 

March 10, 2022. 

ADDRESSES: These documents are 

available upon written request via email 

to NMFS.Pr1Comments@noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 26345 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: Sara 

Young or Carrie Hubard, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.) and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The applicant proposes to film 

pinnipeds on Monomoy Island and the 

Isle of Shoals for a documentary film 

showcasing the Cape Cod, 

Massachusetts region. The applicant 

proposes to film up to 30 gray seals 

(Halichoerus grypus) and 20 harbor 

seals (Phoca vitulina) annually. Seals 

may be filmed from land, a vessel, an 


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