Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 14823 

approve recommendations for a 

prototype Management Strategy 

Evaluation (MSE) process to be 

presented at the April Council meeting. 

A planning document for the process 

will include a purpose and objectives 

for conducting a prototype MSE as well 

as recommendations about how it will 

be conducted. It will also include 

recommendations for stakeholder 

participants. The Committee and PDT 

will finalize recommendations for 2022– 

26 EBFM research priorities. Other 

business will be discussed, if necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

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

Dated: March 11, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–05523 Filed 3–15–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Interagency Marine Debris 

Coordinating Committee Meeting 

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of open meeting. 

SUMMARY: Notice is hereby given of a 

virtual public meeting of the 

Interagency Marine Debris Coordinating 

Committee (IMDCC). IMDCC members 

will discuss federal marine debris 

activities, with a particular emphasis on 

the topics identified in the section on 

Matters to Be Considered. 

DATES: The virtual public meeting will 

be held on March 29, 2022 from 10 a.m. 

to 11 a.m. ET. 

ADDRESSES: The meeting will be held 

virtually using Adobe Connect. You can 

connect to the meeting using the 

website or phone number provided: 

Meeting link: https://

noaaorr.adobeconnect.com/imdcc/. 

Phone: +1 866–399–2601; PIN: 

8663992601. 

Attendance will be limited to 100 

individuals. Refer to the Interagency 

Marine Debris Coordinating Committee 

website at https://

marinedebris.noaa.gov/IMDCC for the 

most up-to-date information on how to 

participate and on the agenda. 

FOR FURTHER INFORMATION CONTACT: 

Ya’el Seid-Green, Executive Secretariat, 

Interagency Marine Debris Coordinating 

Committee, Marine Debris Program; 

Phone 240–533–0399; Email yael.seidgreen@noaa.gov or visit the Interagency 

Marine Debris Coordinating Committee 

website at https://

marinedebris.noaa.gov/IMDCC. 

SUPPLEMENTARY INFORMATION: 

The Interagency Marine Debris 

Coordinating Committee (IMDCC) is a 

multi-agency body responsible for 

coordinating a comprehensive program 

of marine debris research and activities 

among Federal agencies, in cooperation 

and coordination with nongovernmental organizations, industry, 

academia, States, Tribes, and other 

nations, as appropriate. Representatives 

meet to share information, assess and 

promote best management practices, 

and coordinate the Federal 

Government’s efforts to address marine 

debris. 

The Marine Debris Act establishes the 

IMDCC (33 U.S.C. 1954). The IMDCC 

submits biennial progress reports to 

Congress with updates on activities, 

achievements, strategies, and 

recommendations. The National 

Oceanic and Atmospheric 

Administration serves as the 

Chairperson of the IMDCC. 

The meeting will be open to public 

attendance on March 29, 2022, from 10 

a.m. to 11 a.m. ET. There will not be a 

public comment period. The meeting 

will not be recorded. 

Matters To Be Considered 

The open meeting will include a 

presentation from the Department of 

State on international plastic pollution 

negotiations. The agenda topics 

described are subject to change. The 

latest version of the agenda will be 

posted at https://

marinedebris.noaa.gov/IMDCC. 

Special Accommodations 

The meeting is accessible to people 

with disabilities. Closed captioning will 

be available. Requests for other auxiliary 

aids should be directed to Ya’el SeidGreen, Executive Secretariat at 

yael.seid-green@noaa.gov or 240–533– 

0399 by March 21, 2022. 

Scott Lundgren, 

Director, Office of Response and Restoration, 

National Ocean Service. 

[FR Doc. 2022–05551 Filed 3–15–22; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB758] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ocean Wind 

Marine Site Characterization Surveys, 

New Jersey 

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 Ocean Wind, LLC (Ocean Wind) 

for authorization to take marine 

mammals incidental to marine site 

characterization surveys in the area of 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf Lease Area 

OCS–A 0532 and potential export cable 

routes to landfall locations in New 

Jersey. 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-year 

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 April 15, 2022. 


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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 

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 NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which NMFS 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. 

NMFS 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 October 1, 2021, NMFS received a 

request from Ocean Wind for an IHA to 

take marine mammals incidental to 

marine site characterization surveys off 

of New Jersey in the area of Commercial 

Lease of Submerged Lands for 

Renewable Energy Development on the 

Outer Continental Shelf Lease Area 

OCS–A 0532 (Lease Area) and potential 

export cable routes (ECRs) to landfall 

locations in New Jersey. Following 

NMFS review of the draft application, a 

revised version was submitted on 

November 24, 2021 and again on 

January 24, 2022. The January 2022 

revised version was deemed adequate 

and complete on February 8, 2022. 

Ocean Wind’s request is for take of 16 

species of marine mammals, by Level B 

harassment only. Neither Ocean 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 

Ocean Wind for similar work in the 

same geographic area on June 8, 2017 

(82 FR 31562; July 7, 2017) with 

effective dates from June 8, 2017, 

through June 7, 2018 and on May 10, 

2021 (86 FR 26465, May 14, 2021) with 

effective dates from May 10, 2021 

through May 9, 2022. Ocean Wind 

complied with all the requirements (e.g., 

mitigation, monitoring, and reporting) of 

the 2017–2018 IHA. Because the current 

IHA is still effective, we have not yet 

received the associated monitoring 

report from Ocean Wind. The proposed 

IHA would be effective May 10, 2022 

through May 9, 2023. 

Description of Proposed Activity 

Overview 

As part of its overall marine site 

characterization survey operations, 

Ocean Wind proposes to conduct highresolution geophysical (HRG) surveys in 

the Lease Area and along potential ECRs 

to landfall locations in New Jersey. 

The purpose of the marine site 

characterization surveys are to obtain an 

assessment of seabed (geophysical, 

geotechnical, and geohazard), 

ecological, and archeological conditions 

within the footprint of a planned 

offshore wind facility development area. 

Surveys are also conducted to support 

engineering design and to map 

unexploded ordnance. Underwater 

sound resulting from Ocean Wind’s 

proposed site characterization survey 

activities, specifically HRG surveys, has 

the potential to result in incidental take 

of marine mammals in the form of Level 

B behavioral harassment. 

Dates and Duration 

Site characterization surveys 

considered under this application are 

expected to occur between May 10, 2022 

and May 9, 2023 with a total of 275 

survey days. A survey day is defined 

here as a 24-hour activity period. The 

number of anticipated survey days was 

calculated as the number of days needed 

to reach the overall level of effort 

required to meet survey objectives 

assuming any single vessel covers, on 

average, 70 line km per 24 hours of 

operations. 

Specific Geographic Region 

The proposed survey activities will 

occur within the Project Area which 

includes the Lease Area and potential 

ECRs, as shown in Figure 1. The Lease 

Area is approximately 343.8 square 

kilometers (km2) and is within the New 

Jersey wind energy area (WEA) of the 


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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 14825 

Bureau of Ocean Energy Management’s 

Mid-Atlantic planning area. Water 

depths in the Lease Area range from 15 

meters (m) to 35 m, and the potential ECRs extend from the shoreline to 

approximately 40 m depth. 

BILLING CODE 3510–22–P 

BILLING CODE 3510–22–C 

Detailed Description of Specific Activity 

Ocean Wind proposes to conduct 

HRG survey operations, including 

multibeam depth sounding, seafloor 

imaging, and shallow and medium 

penetration sub-bottom profiling. The 

HRG surveys may be conducted using 

any or all of the following equipment 

types: Side scan sonar, multibeam 

echosounder, magnetometers and 

gradiometers, parametric sub-bottom 

profiler (SBP), compressed high 

intensity radar pulse (CHIRP) SBP, 

boomers, or sparkers. Ocean Wind 

assumes that HRG survey operations 

would be conducted 24 hours per day, 

with an assumed daily survey distance 

of 70 km. Vessels would generally 

conduct survey effort at a transit speed 

of approximately 4 knots (kn), which 

equates to 110 km per 24-hr period. 

However, based on past survey 

experience (i.e., knowledge of typical 

daily downtime due to weather, system 

malfunctions, etc.) Ocean Wind assumes 

70 km as the average daily distance. On 

this basis, a total of 275 survey days are 

expected. In certain shallow-water 

areas, vessels may conduct survey effort 

during daylight hours only, with a 

corresponding assumption that the daily 

survey distance would be halved (35 

km). However, for purposes of analysis 

all survey days are assumed to cover the 

maximum 70 km. A maximum of two 

vessels would operate concurrently in 

areas where 24-hr operations would be 

conducted, with an additional third 

vessel potentially conducting daylightonly survey effort in shallow-water 

areas. 

Acoustic sources planned for use 

during HRG survey activities proposed 

by Ocean Wind include the following: 

• Shallow penetration, nonimpulsive, non-parametric SBPs (i.e., 

CHIRP SBPs) are used to map the nearsurface stratigraphy (top 0 to 10 m) of 

sediment below seabed. A CHIRP 

system emits signals covering a 

frequency sweep from approximately 2 

to 20 kilohertz (kHz) over time. The 

frequency range can be adjusted to meet 


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project variables. These sources are 

typically mounted on a pole rather than 

towed, reducing the likelihood that an 

animal would be exposed to the signal. 

• 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 Hertz (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 SBPs are 

used for providing high data density in 

sub-bottom 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. 

• Acoustic corers are seabed-mounted 

sources with three distinct sound 

sources: A high-frequency parametric 

sonar, a high-frequency CHIRP sonar, 

and a low-frequency CHIRP sonar. The 

beamwidth is narrow (3.5° to 8°) and the 

source is operated roughly 3.5 meter (m) 

above the seabed with the transducer 

pointed directly downward. 

• 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 1 identifies representative 

survey equipment with the expected 

potential to result in exposure of marine 

mammals and potentially result in take. 

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. 

TABLE 1—SUMMARY OF REPRESENTATIVE HRG EQUIPMENT

Equipment 

Operating 

frequency 

(kHz) 

SLrms

(dB re 1 

μPa m) 

SL0–pk

(dB re 1 

μPa m) 

Pulse 

duration 

(width) 

(millisecond) 

Repetition 

rate 

(Hz) 

Beamwidth 

(degrees) 

CF= Crocker and 

Fratantonio 

(2016) MAN = 

Manufacturer 

Non-parametric shallow penetration SBPs (non-impulsive) 

ET 216 (2000DS or 3200 top unit) ................................... 2–16 

2–8 

195 - 20 6 24 MAN 

ET 424 3200–X ................................................................. 4–24 176 - 3.4 2 71 CF 

ET 512i .............................................................................. 0.7–12 179 - 9 8 80 CF 

GeoPulse 5430A ............................................................... 2–17 196 - 50 10 55 MAN 

Teledyne Benthos Chirp III—TTV 170 .............................. 2–7 197 - 60 15 100 MAN 

Pangeo SBI ....................................................................... 4.5–12.5 188 - 4.5 45 120 MAN 

Medium penetration SBPs (impulsive) 

AA, Dura-spark UHD (400 tips, 500 J) 1 ........................... 0.3–1.2 203 211 1.1 4 Omni CF 

AA, Dura-spark UHD Sparker Model 400 × 400 1 ............ 0.3–1.2 203 211 1.1 4 Omni CF 

GeoMarine, Dual 400 Sparker, Model Geo-Source 800 1 0.4–5 203 211 1.1 4 Omni CF 

GeoMarine Sparker, Model Geo-Source 200–400 1 ......... 0.3–1.2 203 211 1.1 4 Omni CF 

GeoMarine Sparker, Model Geo-Source 200 Lightweight 1.

0.3–1.2 203 211 1.1 4 Omni CF 

AA, triple plate S-Boom (700–1,000 J) 2 ........................... 0.1–5 205 211 0.6 4 80 CF 

- = not applicable; μPa = micropascal; AA = Applied Acoustics; dB = decibel; ET = EdgeTech; J = joule; Omni = omnidirectional source; re = referenced to; PK = 

zero-to-peak sound pressure level; SL = source level; SPL = root-mean-square sound pressure level; UHD = ultra-high definition. 1The Dura-spark measurements and specifications provided in Crocker and Fratantonio (2016) were used for all sparker systems proposed for the survey. These 

include variants of the Dura-spark sparker system and various configurations of the GeoMarine Geo-Source sparker system. The data provided in Crocker and 

Fratantonio (2016) represent the most applicable data for similar sparker systems with comparable operating methods and settings when manufacturer or other reliable measurements are not available. 2 Crocker and Fratantonio (2016) provide S-Boom measurements using two different power sources (CSP–D700 and CSP–N). The CSP–D700 power source was 

used in the 700 J measurements but not in the 1,000 J measurements. The CSP–N source was measured for both 700 J and 1,000 J operations but resulted in a 

lower SL; therefore, the single maximum SL value was used for both operational levels of the S-Boom. 

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’ Stock 

Assessment Reports (SARs; 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and more 

general information about these species 

(e.g., physical and behavioral 

descriptions) may be found on NMFS’ 

website (www.fisheries.noaa.gov/findspecies). 

Table 2 lists all species or stocks for 

which take is expected and proposed to 

be authorized for this action, and 

summarizes information related to the 

population or stock, including 


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regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. For taxonomy, NMFS 

follows the 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’ 

SARs). While no mortality is anticipated 

or would be authorized here, PBR and 

annual serious injury and mortality 

from anthropogenic sources are 

included 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’ stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’ U.S. Atlantic and Gulf of Mexico 

SARs. All values presented in Table 2 

are the most recent available at the time 

of publication and are available in the 

Draft 2021 SARs (Hayes et al., 2021), 

available at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reports. 

TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE AFFECTED BY OCEAN

WIND’S ACTIVITY

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 

(WNA).

E/D; Y 368 (0; 364; 2019) .................... 0.7 7.7 

Family Balaenopteridae (rorquals) 

Humpback whale ................ Megaptera novaeangliae .......... Gulf of Maine .................. -/-; Y 1,393 (0.15; 1,375; 2016) ......... 22 58 

Fin whale ............................ Balaenoptera physalus ............. WNA ............................... 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 Physeteridae: 

Sperm whale ....................... Physeter macrocephalus .......... North Atlantic .................. E/D; Y 4,349 (0.28;3,451; 2016) .......... 3.9 0 

Family Delphinidae: 

Long-finned pilot whale ...... Globicephala melas .................. WNA ............................... -/-; N 39,215 (0.30; 30,627; 2016) ..... 306 29 

Short finned pilot whale ...... Globicephala macrorhynchus ... WNA ............................... -/-; N 28,924 (0.24; 23,637; 2016) ..... 236 136 

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

WNA Northern Migratory 

Coastal.

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

Common dolphin ................ Delphinus delphis ..................... WNA ............................... -/-; N 172,974 (0.21; 145,216; 2016) 1,452 390 

Atlantic white-sided dolphin Lagenorhynchus acutus ............ WNA ............................... -/-; N 93,233 (0.71; 54,443; 2016) ..... 544 27 

Atlantic spotted dolphin ...... Stenella frontalis ....................... WNA ............................... -/-; N 39,921 (0.27; 32,032; 2016) ..... 320 0 

Risso’s dolphin ................... Grampus griseus ...................... WNA ............................... -/-; N 35,215 (0.19; 30,051; 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) ..... 851 164 

Order Carnivora—Superfamily Pinnipedia 

Family Phocidae: (earless seals) 

Gray seal 4 .......................... Halichoerus grypus ................... WNA ............................... -/-; N 27,300 (0.22; 22,785, 2029) ..... 1,458 4,453 

Harbor seal ......................... Phoca vitulina ........................... WNA ............................... -/-; N 61,336 (0.08; 57,637, 2020) ..... 1,729 339 

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: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. 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’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, 

ship strike). 4 NMFS’ gray seal stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is 

approximately 451,600. The annual M/SI value given is for the total stock. 

As indicated above, all 16 species 

(with 17 managed stocks) in Table 2 

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. 

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 


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2.8 percent recovery rate between 1990 

and 2011 (Hayes et al. 2021). 

Elevated North Atlantic right whale 

mortalities have occurred since June 7, 

2017, along the U.S. and Canadian coast 

with the leading category for the cause 

of death for this UME as ‘‘human 

interaction,’’ specifically from 

entanglements or vessel strikes. As of 

February 8, 2022, 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 proposed survey area is part of 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). Off the coast of New Jersey, 

the migratory BIA extends from the 

coast to beyond the shelf break. This 

important migratory area is 

approximately 269,488 km2 in size 

(compared with the approximately 

5,500 km2 of total estimated Level B 

harassment ensonified area associated 

with the 275 planned survey days) and 

is comprised of the waters of the 

continental shelf offshore the East Coast 

of the United States, extending from 

Florida through Massachusetts. NMFS’ 

regulations at 50 CFR part 224.105 

designated nearshore waters of the MidAtlantic Bight as Mid-Atlantic U.S. 

Seasonal Management Areas (SMA) for 

right whales in 2008. SMAs were 

developed to reduce the threat of 

collisions between ships and right 

whales around their migratory route and 

calving grounds. A portion of one SMA, 

which occurs off the mouth of Delaware 

Bay, overlaps spatially with a section of 

the proposed survey area. The SMA 

which occurs off the mouth of Delaware 

Bay is active from November 1 through 

April 30 of each year. 

Humpback Whale 

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 species-level listing, and in 

its place listed four DPSs as endangered 

and one DPS as threatened (81 FR 

62260; 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. Bettridge et al. 

(2015) estimated the size of this 

population at 12,312 (95 percent CI 

8,688–15,954) whales in 2004–05, 

which is consistent with previous 

population estimates of approximately 

10,000–11,000 whales (Stevick et al., 

2003; Smith et al., 1999) and the 

increasing trend for the West Indies DPS 

(Bettridge et al., 2015). Whales 

occurring in the survey area are 

considered to be from the West Indies 

DPS, but are not necessarily from the 

Gulf of Maine feeding population 

managed as a stock by NMFS. Barco et 

al., 2002 estimated that, based on photoidentification, only 39 percent of 

individual humpback whales observed 

along the mid- and south Atlantic U.S. 

coast are from the Gulf of Maine stock. 

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 

156 known cases (as of February 8, 

2022). 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 premortem 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. 

More information is available at: 

www.fisheries.noaa.gov/national/ 

marine-life-distress/2016-2021- 

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

Minke Whale 

Since January 2017, elevated minke 

whale mortalities have occurred along 

the Atlantic coast from Maine through 

South Carolina, with a total of 122 

strandings (as of February 8, 2022). 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-minkewhale-unusual-mortality-event-alongatlantic-coast. 

Seals 

Since July 2018, elevated numbers of 

harbor seal and gray seal mortalities 

have occurred across Maine, New 

Hampshire and Massachusetts. This 

event has been declared a UME. 

Additionally, stranded seals have 

shown clinical signs as far south as 

Virginia, although not in elevated 

numbers, therefore the UME 

investigation now encompasses all seal 

strandings from Maine to Virginia. Ice 

seals (harp and hooded seals) have also 

started stranding with clinical signs, 

again not in elevated numbers, and 

those two seal species have also been 

added to the UME investigation. A total 

of 3,152 reported strandings (of all 

species) had occurred from July 1, 2018, 

through March 13, 2020. Full or partial 

necropsy examinations have been 

conducted on some of the seals and 

samples have been collected for testing. 

Based on tests conducted thus far, the 

main pathogen found in the seals is 

phocine distemper virus. NMFS is 

performing additional testing to identify 

any other factors that may be involved 

in this UME. Closure of this UME is 

pending. Information on this UME is 

available online at: 

www.fisheries.noaa.gov/new-englandmid-atlantic/marine-life-distress/2018- 

2020-pinniped-unusual-mortality-eventalong. 

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 


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cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65 decibel 

(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 3. 

TABLE 3—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). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. Sixteen marine 

mammal species (14 cetacean and 2 

pinniped (both phocid) species) have 

the reasonable potential to co-occur 

with the proposed survey activities. 

Please refer to Table 2. Of the cetacean 

species that may be present, five are 

classified as low-frequency cetaceans 

(i.e., all mysticete species), eight are 

classified as mid-frequency cetaceans 

(i.e., all delphinid species and the sperm 

whale), and one is classified as a highfrequency 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 Ocean 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, over a similar 

amount of time, in the Mid-Atlantic 

region, including New Jersey waters. 

(e.g., 82 FR 20563, May 3, 2017; 85 FR 

36537, June 17, 2020; 85 FR 37848, June 

24, 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 Ocean 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 on individuals 

are likely to impact marine mammal 

species or stocks. 

Background on Active Acoustic Sound 

Sources and Acoustic Terminology 

This subsection contains a brief 

technical background on sound, on the 

characteristics of certain sound types, 

and on metrics used in this proposal 

inasmuch as the information is relevant 

to the specified activity and to the 

summary of the potential effects of the 

specified activity on marine mammals. 

For general information on sound and 

its interaction with the marine 

environment, please see, e.g., Au and 

Hastings (2008); Richardson et al. 

(1995); Urick (1983). 

Sound travels in waves, the basic 

components of which are frequency, 

wavelength, velocity, and amplitude. 

Frequency is the number of pressure 

waves that pass by a reference point per 

unit of time and is measured in hertz or 

cycles per second. Wavelength is the 

distance between two peaks or 

corresponding points of a sound wave 

(length of one cycle). Higher frequency 

sounds have shorter wavelengths than 

lower frequency sounds, and typically 

attenuate (decrease) more rapidly, 

except in certain cases in shallower 

water. Amplitude is the height of the 

sound pressure wave or the ‘‘loudness’’ 

of a sound and is typically described 

using the relative unit of the decibel. A 

sound pressure level (SPL) in dB is 

described as the ratio between a 

measured pressure and a reference 

pressure (for underwater sound, this is 

1 microPascal (mPa)), and is a 

logarithmic unit that accounts for large 

variations in amplitude. Therefore, a 

relatively small change in dB 

corresponds to large changes in sound 

pressure. The source level (SL) 

represents the SPL referenced at a 

distance of 1 m from the source 

(referenced to 1 mPa), while the received 

level is the SPL at the listener’s position 

(referenced to 1 mPa). 

Root mean square (rms) is the 

quadratic mean sound pressure over the 

duration of an impulse. Root mean 

square is calculated by squaring all of 

the sound amplitudes, averaging the 

squares, and then taking the square root 

of the average (Urick, 1983). Root mean 

square accounts for both positive and 

negative values; squaring the pressures 

makes all values positive so that they 

may be accounted for in the summation 

of pressure levels (Hastings and Popper, 

2005). This measurement is often used 

in the context of discussing behavioral 

effects, in part because behavioral 

effects, which often result from auditory 

cues, may be better expressed through 

averaged units than by peak pressures. 

Sound exposure level (SEL; 

represented as dB re 1 mPa2-s) represents 

the total energy in a stated frequency 

band over a stated time interval or event 

and considers both intensity and 

duration of exposure. The per-pulse SEL 

is calculated over the time window 

containing the entire pulse (i.e., 100 

percent of the acoustic energy). SEL is 

a cumulative metric; it can be 

accumulated over a single pulse, or 


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calculated over periods containing 

multiple pulses. Cumulative SEL 

represents the total energy accumulated 

by a receiver over a defined time 

window or during an event. Peak sound 

pressure (also referred to as zero-to-peak 

sound pressure or 0–pk) is the 

maximum instantaneous sound pressure 

measurable in the water at a specified 

distance from the source and is 

represented in the same units as the rms 

sound pressure. 

When underwater objects vibrate or 

activity occurs, sound-pressure waves 

are created. These waves alternately 

compress and decompress the water as 

the sound wave travels. Underwater 

sound waves radiate in a manner similar 

to ripples on the surface of a pond and 

may be either directed in a beam or 

beams or may radiate in all directions 

(omnidirectional sources), as is the case 

for sound produced by the pile driving 

activity considered here. The 

compressions and decompressions 

associated with sound waves are 

detected as changes in pressure by 

aquatic life and man-made sound 

receptors such as hydrophones. 

Even in the absence of sound from the 

specified activity, the underwater 

environment is typically loud due to 

ambient sound, which is defined as 

environmental background sound levels 

lacking a single source or point 

(Richardson et al., 1995). The sound 

level of a region is defined by the total 

acoustical energy being generated by 

known and unknown sources. These 

sources may include physical (e.g., 

wind and waves, earthquakes, ice, 

atmospheric sound), biological (e.g., 

sounds produced by marine mammals, 

fish, and invertebrates), and 

anthropogenic (e.g., vessels, dredging, 

construction) sound. A number of 

sources contribute to ambient sound, 

including wind and waves, which are a 

main source of naturally occurring 

ambient sound for frequencies between 

200 Hz and 50 kHz (Mitson, 1995). In 

general, ambient sound levels tend to 

increase with increasing wind speed 

and wave height. Precipitation can 

become an important component of total 

sound at frequencies above 500 Hz, and 

possibly down to 100 Hz during quiet 

times. Marine mammals can contribute 

significantly to ambient sound levels, as 

can some fish and snapping shrimp. The 

frequency band for biological 

contributions is from approximately 12 

Hz to over 100 kHz. Sources of ambient 

sound related to human activity include 

transportation (surface vessels), 

dredging and construction, oil and gas 

drilling and production, geophysical 

surveys, sonar, and explosions. Vessel 

noise typically dominates the total 

ambient sound for frequencies between 

20 and 300 Hz. In general, the 

frequencies of anthropogenic sounds are 

below 1 kHz and, if higher frequency 

sound levels are created, they attenuate 

rapidly. 

The sum of the various natural and 

anthropogenic sound sources that 

comprise ambient sound at any given 

location and time depends not only on 

the source levels (as determined by 

current weather conditions and levels of 

biological and human activity) but also 

on the ability of sound to propagate 

through the environment. In turn, sound 

propagation is dependent on the 

spatially and temporally varying 

properties of the water column and sea 

floor, and is frequency-dependent. As a 

result of the dependence on a large 

number of varying factors, ambient 

sound levels can be expected to vary 

widely over both coarse and fine spatial 

and temporal scales. Sound levels at a 

given frequency and location can vary 

by 10–20 dB from day to day 

(Richardson et al., 1995). The result is 

that, depending on the source type and 

its intensity, sound from the specified 

activity may be a negligible addition to 

the local environment or could form a 

distinctive signal that may affect marine 

mammals. Details of source types are 

described in the following text. 

Sounds are often considered to fall 

into one of two general types: Pulsed 

and non-pulsed (defined in the 

following). The distinction between 

these two sound types is important 

because they have differing potential to 

cause physical effects, particularly with 

regard to hearing (e.g., Ward, 1997 in 

Southall et al., 2007). Please see 

Southall et al. (2007) for an in-depth 

discussion of these concepts. The 

distinction between these two sound 

types is not always obvious, as certain 

signals share properties of both pulsed 

and non-pulsed sounds. A signal near a 

source could be categorized as a pulse, 

but due to propagation effects as it 

moves farther from the source, the 

signal duration becomes longer (e.g., 

Greene and Richardson, 1988). 

Pulsed sound sources (e.g., airguns, 

explosions, gunshots, sonic booms, 

impact pile driving) produce signals 

that are brief (typically considered to be 

less than one second), broadband, atonal 

transients (ANSI, 1986, 2005; Harris, 

1998; NIOSH, 1998; ISO, 2003) and 

occur either as isolated events or 

repeated in some succession. Pulsed 

sounds are all characterized by a 

relatively rapid rise from ambient 

pressure to a maximal pressure value 

followed by a rapid decay period that 

may include a period of diminishing, 

oscillating maximal and minimal 

pressures, and generally have an 

increased capacity to induce physical 

injury as compared with sounds that 

lack these features. 

Non-pulsed sounds can be tonal, 

narrowband, or broadband, brief or 

prolonged, and may be either 

continuous or intermittent (ANSI, 1995; 

NIOSH, 1998). Some of these nonpulsed sounds can be transient signals 

of short duration but without the 

essential properties of pulses (e.g., rapid 

rise time). Examples of non-pulsed 

sounds include those produced by 

vessels, aircraft, machinery operations 

such as drilling or dredging, vibratory 

pile driving, and active sonar systems. 

The duration of such sounds, as 

received at a distance, can be greatly 

extended in a highly reverberant 

environment. 

Sparkers and boomers produce pulsed 

signals with energy in the frequency 

ranges specified in Table 1. The 

amplitude of the acoustic wave emitted 

from sparker sources is equal in all 

directions (i.e., omnidirectional), while 

other sources planned for use during the 

proposed surveys have some degree of 

directionality to the beam, as specified 

in Table 1. Other sources planned for 

use during the proposed survey activity 

(e.g., CHIRP SBPs) should be considered 

non-pulsed, intermittent sources. 

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 Ocean 

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 


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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 (4.6–5.7 mph). 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 Ocean 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. 

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 


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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 uses 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—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). NMFS uses a generalized 

acoustic threshold based on received 

level to estimate the onset of behavioral 

harassment. NMFS predicts that marine 

mammals may be behaviorally harassed 

(i.e., 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., 

boomers, sparkers) and non-impulsive, 

intermittent sources (e.g., CHIRP SBPs) 

evaluated here for Ocean 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. 

Ocean Wind’s proposed activity 

includes the use of impulsive (i.e., 

sparkers and boomers) and nonimpulsive (e.g., CHIRP SBP) 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 Ocean Wind’s 

application for details of a quantitative 

exposure analysis exercise, i.e., 

calculated Level A harassment isopleths 

and estimated Level A harassment 

exposures. Maximum estimated Level A 

harassment isopleths were less than 5 m 

for all sources and hearing groups with 

the exception of an estimated 18 m and 

21 m zone calculated for high-frequency 

cetaceans during use of the TB Chirp III 

and GeoPulse 5430 CHIRP SBP, 

respectively (see Table 1 for source 

characteristics). Ocean 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 

NMFS has developed a user-friendly 

methodology for estimating the extent of 

the Level B harassment isopleths 

associated with relevant HRG survey 

equipment (NMFS, 2020). This 

methodology incorporates frequency 

and directionality to refine estimated 

ensonified zones. For acoustic sources 

that operate with different beamwidths, 

the maximum beamwidth was used, and 

the lowest frequency of the source was 

used when calculating the frequencydependent absorption coefficient (Table 

1). 

NMFS considers the data provided by 

Crocker and Fratantonio (2016) to 

represent the best available information 

on source levels associated with HRG 

equipment and, therefore, recommends 

that source levels provided by Crocker 

and Fratantonio (2016) be incorporated 

in the method described above to 

estimate isopleth distances to 

harassment thresholds. In cases when 

the source level for a specific type of 

HRG equipment is not provided in 

Crocker and Fratantonio (2016), NMFS 

recommends that either the source 

levels provided by the manufacturer be 

used, or, in instances where source 

levels provided by the manufacturer are 

unavailable or unreliable, a proxy from 

Crocker and Fratantonio (2016) be used 

instead. Table 1 shows the HRG 

equipment types that may be used 

during the proposed surveys and the 

source levels associated with those HRG 

equipment types. 

Results of modeling using the 

methodology described above indicated 

that, of the HRG survey equipment 

planned for use by Ocean Wind that has 

the potential to result in Level B 

harassment of marine mammals, the 

Applied Acoustics Dura-Spark UHD and 

GeoMarine Geo-Source sparkers would 

produce the largest Level B harassment 

isopleth (141 m). Estimated Level B 

harassment isopleths for all sources 

evaluated here, including the sparkers, 

are provided in Table 4. Although 

Ocean Wind does not expect to use 

sparker sources on all planned survey 

days, it proposes to assume for purposes 

of analysis that the sparker would be 

used on all survey days. This is a 

conservative approach, as the actual 

sources used on individual survey days 

may produce smaller harassment 

distances. 

TABLE 4—DISTANCES TO LEVEL B 

HARASSMENT THRESHOLD

[160 dB rms] 

Equipment 

Distance to 

Level B 

harassment 

threshold 

(m) 

ET 216 CHIRP .......................... 9 

ET 424 CHIRP .......................... 4 

ET 512i CHIRP ......................... 6 

GeoPulse 5430A ...................... 21 

TB CHIRP III ............................. 48 

Pangeo SBI .............................. 22 

AA Triple plate S-Boom (700/ 

1,000 J) ................................. 34 

AA, Dura-spark UHD Sparkers 141 

GeoMarine Sparkers ................ 141 

Marine Mammal Occurrence 

In this section, NMFS provides 

information about the presence, density, 

or group dynamics of marine mammals 

that informs 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 


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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 

seamap.env.duke.edu/models/Duke-ECGOM-2015/. 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. 

For the exposure analysis, density 

data from Roberts et al. (2016, 2017, 

2018, 2020) were mapped using a 

geographic information system (GIS). 

Density grid cells that included any 

portion of the proposed survey area 

were selected for all survey months (see 

Figure 3 in Ocean Wind’s application). 

Densities from each of the selected 

density blocks were averaged for each 

month available to provide monthly 

density estimates for each species (when 

available based on the temporal 

resolution of the model products), along 

with the average annual density. Please 

see Tables 7 of Ocean Wind’s 

application for density values used in 

the exposure estimation process. 

Additional data regarding average group 

sizes from survey effort in the region 

was considered to ensure adequate take 

estimates are evaluated. 

Take Calculation and Estimation 

Here NMFS describes how the 

information provided above is brought 

together to produce a quantitative take 

estimate. In order to estimate the 

number of marine mammals predicted 

to be exposed to sound levels that 

would result in harassment, radial 

distances to predicted isopleths 

corresponding to Level B harassment 

thresholds are calculated, as described 

above. The maximum distance (i.e., 141 

m distance associated with sparkers) to 

the Level B harassment criterion and the 

estimated trackline distance traveled per 

day by a given survey vessel (i.e., 70 km) 

are then used to calculate the daily 

ensonified area, or zone of influence 

(ZOI) around the survey vessel. 

The ZOI is a representation of the 

maximum extent of the ensonified area 

around a sound source over a 24-hr 

period. The ZOI for each piece of 

equipment operating below 200 kHz 

was calculated per the following 

formula: 

ZOI = (Distance/day × 2r) + pr2

Where r is the linear distance from the 

source to the harassment isopleth. 

ZOIs associated with all sources with 

the expected potential to cause take of 

marine mammals are provided in Table 

6 of Ocean Wind’s application. The 

largest daily ZOI (19.8 km2), associated 

with the various sparkers proposed for 

use, was applied to all planned survey 

days. 

Potential Level B harassment 

exposures are estimated by multiplying 

the average annual density of each 

species within either the Lease Area or 

potential ECR area by the daily ZOI. 

That product is then multiplied by the 

number of operating days expected for 

the survey in each area assessed, and 

the product is rounded to the nearest 

whole number. These results are shown 

in Table 5. 

TABLE 5—SUMMARY OF TAKE NUMBERS PROPOSED FOR AUTHORIZATION

Species Abundance 

Level B 

harassment 

takes 1

Max percent 

population 

North Atlantic right whale ............................................................................................................ 368 11 2.98 

Fin whale ..................................................................................................................................... 6,802 4 <1 

Sei whale ..................................................................................................................................... 6,292 0 (1) <1 

Minke whale ................................................................................................................................. 21,968 1 <1 

Humpback whale ......................................................................................................................... 1,393 2 <1 

Sperm whale 3 .............................................................................................................................. 4,349 0 (3) <1 

Atlantic white-sided dolphin ......................................................................................................... 93,233 6 (50) <1 

Atlantic spotted dolphin ............................................................................................................... 39,921 2 (15) <1 

Common bottlenose dolphin: 2

Offshore Stock ...................................................................................................................... 62,851 1,842 2.9 

Migratory Stock ..................................................................................................................... 6,639 27.75 

Pilot Whales: 3

Short-finned pilot whale ........................................................................................................ 28,924 1 (20) <1 

Long-finned pilot whale ........................................................................................................ 39,215 1 (20) <1 

Risso’s dolphin ............................................................................................................................. 35,215 0 (30) <1 

Common dolphin .......................................................................................................................... 172,974 54 (400) <1 

Harbor porpoise ........................................................................................................................... 95,543 90 <1 

Seals: 4

Gray seal .............................................................................................................................. 451,600 25 <1 

Harbor seal ........................................................................................................................... 61,336 25 <1 

1Parentheses denote proposed take authorization where different from calculated take estimates. Increases from calculated values are based 

on assumed average group size for the species; sei whale, Kenney and Vigness-Raposa, 2010; sperm whale and Risso’s dolphin, Barkaszi and 

Kelly, 2018. 2At this time, Orsted is not able to identify how much work would occur inshore and offshore of the 20 m isobaths, a common delineation between offshore and coastal bottlenose dolphin stocks. Because Roberts et al. does not provide density estimates for individual stocks of common 

bottlenose dolphins, the take presented here is the total estimated take for both stocks. Although unlikely, for our analysis, we assume all takes 

could be allocated to either stock. 3 Roberts (2018) only provides density estimates for pilot whales as a guild. The pilot whale density values were applied to both species of pilot 

whale; therefore, the total take number proposed for authorization for pilot whales (4) is double the estimated take number for the guild. 4 Roberts (2018) only provides density estimates for seals without differentiating by species. Harbor seals and gray seals are assumed to occur 

equally; therefore, density values were split evenly between the two species, i.e., total estimated take for ‘‘seals’’ is 22. 


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The take numbers shown in Table 5 

are those requested by Ocean Wind. 

NMFS concurs with the requested take 

numbers and proposes to authorize 

them. Previous monitoring data 

compiled by Ocean Wind (available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorizationocean-wind-marine-sitecharacterization-surveys-offshore-new) 

suggests that the proposed take numbers 

for authorization are sufficient. 

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 the following 

mitigation measures be implemented 

during Ocean Wind’s proposed marine 

site characterization surveys. Pursuant 

to section 7 of the ESA, Ocean Wind 

would also be required to adhere to 

relevant Project Design Criteria (PDC) of 

the NMFS’ Greater Atlantic Regional 

Fisheries Office (GARFO) programmatic 

consultation (specifically PDCs 4, 5, and 

7) regarding geophysical surveys along 

the U.S. Atlantic coast (https://

www.fisheries.noaa.gov/new-englandmid-atlantic/consultations/section-7- 

take-reporting-programmatics-greateratlantic#offshore-wind-site-assessmentand-site-characterization-activitiesprogrammatic-consultation). 

Marine Mammal Exclusion Zones and 

Harassment Zones 

Marine mammal exclusion zones (EZ) 

would be established around the HRG 

survey equipment and monitored by 

protected species observers (PSOs): 

• 500 m EZ for North Atlantic right 

whales during use of specified acoustic 

sources (sparkers, boomers, and nonparametric sub-bottom profilers). 

• 100 m EZ for all other marine 

mammals, with certain exceptions 

specified below, during operation of 

impulsive acoustic sources (boomer 

and/or sparker). 

If a marine mammal is detected 

approaching or entering the EZs during 

the HRG survey, the vessel operator 

would adhere to the shutdown 

procedures described below to 

minimize noise impacts on the animals. 

These stated requirements will be 

included in the site-specific training to 

be provided to the survey team. We note 

that in their application, Ocean Wind 

requested an EZ of 50 m for all 

dolphins, seals, and porpoises and also 

requested that the shutdown 

requirements be waived for all dolphin, 

seal, and porpoise species for which 

take is authorized. NMFS has 

preliminarily determined that the 

standard 100 m EZ for these species is 

appropriate, with only limited waiver of 

shutdown requirements as described in 

the Shutdown Procedures section 

below. 

Pre-Start Clearance 

Marine mammal clearance zones 

would be established around the HRG 

survey equipment and monitored by 

protected species observers (PSOs): 

• 500 m for all ESA-listed marine 

mammals; and 

• 100 m for non all other marine 

mammals. 

Ocean Wind would implement a 30- 

minute pre-start clearance period prior 

to the initiation of ramp-up of specified 

HRG equipment (see exception to this 

requirement in the Shutdown 

Procedures section below) During this 

period, clearance zones will be 

monitored by the PSOs, using the 

appropriate visual technology. Ramp-up 

may not be initiated if any marine 

mammal(s) is within its respective 

clearance zone. If a marine mammal is 

observed within an clearance zone 

during the pre-start clearance period, 

ramp-up may not begin until the 

animal(s) has been observed exiting its 

respective exclusion 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 of Survey Equipment 

A ramp-up procedure, involving a 

gradual increase in source level output, 

is required at all times as part of the 

activation of the acoustic source when 

technically feasible. The ramp-up 

procedure would be used at the 

beginning of HRG survey activities in 

order 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 operation at full power. 

Operators should ramp up sources to 

half power for 5 minutes and then 

proceed to full power. 

Ramp-up activities will be delayed if 

a marine mammal(s) enters its 

respective exclusion zone. Ramp-up 

will continue if the animal has been 

observed exiting its respective exclusion 

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 may occur at times of poor 

visibility, including nighttime, if 

appropriate visual monitoring has 

occurred with no detections of marine 

mammals in the 30 minutes prior to 

beginning ramp-up. Acoustic source 

activation may only occur at night 

where operational planning cannot 

reasonably avoid such circumstances. 

Shutdown Procedures 

An immediate shutdown of the 

impulsive HRG survey equipment 

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 until an 

additional time period has elapsed (i.e., 


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15 minutes for harbor porpoise, 30 

minutes for all other species). 

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 

(Table 4), shutdown would occur. 

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 

without ramp-up if PSOs have 

maintained constant observation and no 

detections of any marine mammal have 

occurred within the respective 

exclusion zones. If the acoustic source 

is shut down for a period longer than 30 

minutes, then pre-clearance and rampup procedures will be initiated as 

described in the previous section. 

The shutdown requirement would be 

waived for pinnipeds and for small 

delphinids of the following genera: 

Delphinus, Lagenorhynchus, Stenella, 

and Tursiops. Specifically, if a 

delphinid from the specified genera or 

a pinniped is visually detected 

approaching the vessel (i.e., to bow ride) 

or towed equipment, shutdown is not 

required. 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 or pinniped detected in the 

exclusion zone and belongs to a genus 

other than those specified. 

Shutdown, pre-start clearance, and 

ramp-up procedures are not required 

during HRG survey operations using 

only non-impulsive sources (e.g., 

echosounders) other than nonparametric sub-bottom profilers (e.g., 

CHIRPs). 

Vessel Strike Avoidance 

Ocean Wind must adhere to the 

following measures except in the 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. 

• 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. 

• Members of the monitoring team 

will consult NMFS North Atlantic right 

whale reporting system and Whale 

Alert, as able, for the presence of North 

Atlantic right whales throughout survey 

operations, and for the establishment of 

a DMA. If NMFS should establish a 

DMA in the survey area during the 

survey, the vessels will abide by speed 

restrictions in the DMA. 

• All survey vessels, regardless of 

size, must observe a 10-knot speed 

restriction in specific areas designated 

by NMFS for the protection of North 

Atlantic right whales from vessel strikes 

including seasonal management areas 

(SMAs) and dynamic management areas 

(DMAs) when in effect; 

• All vessels greater than or equal to 

19.8 m in overall length operating from 

November 1 through April 30 will 

operate at speeds of 10 knots or less at 

all times; 

• 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; 

• All vessels must maintain a 

minimum separation distance of 500 m 

from right whales and other ESA-listed 

large whales; 

• If a whale is observed but cannot be 

confirmed as a species other than a right 

whale or other ESA-listed large 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 non-ESA listed whales; 

• All vessels must, to the maximum 

extent practicable, attempt to maintain a 

minimum separation distance of 50 m 

from all other marine mammals, with an 

understanding that at times this may not 

be possible (e.g., for animals that 

approach the vessel). 

• 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 

or any vessel that is navigationally 

constrained. 

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. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

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 proposed action 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); 


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• 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. 

Proposed 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. Ocean 

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. On 

a case-by-case basis, non-independent 

observers may be approved by NMFS for 

limited, specific duties in support of 

approved, independent PSOs on smaller 

vessels with limited crew capacity 

operating in nearshore waters. Section 5 

of the draft IHA contains further details 

regarding PSO approval. 

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-hr 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 (BSS) 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 

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). 

Proposed 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. A final 

report must be submitted within 30 days 

following resolution of any comments 

on the draft report. 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); 

and 

• 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-start clearance 


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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); and 

• 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. 

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, Ocean 

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 may also 

be reported to the U.S. Coast Guard via 

channel 16. 

In the event that Ocean Wind 

personnel discover an injured or dead 

marine mammal, Ocean Wind will 

report the incident to the NMFS Office 

of Protected Resources (OPR) and the 

NMFS New England/Mid-Atlantic 

Stranding Coordinator 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, Ocean Wind would report the 

incident to the NMFS OPR and the 

NMFS New England/Mid-Atlantic 

Stranding Coordinator as soon as 

feasible. 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 

• 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. NMFS also assesses 

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 

5 given that NMFS expects the 

anticipated effects of the proposed 

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 

section, 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 


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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 is 141 m. 

Although this distance is assumed for 

all survey activity in estimating take 

numbers proposed for authorization and 

evaluated here, in reality much of the 

survey activity would involve use of 

non-impulsive acoustic sources with a 

reduced acoustic harassment zone of 48 

m, producing expected effects of 

particularly low severity. Therefore, 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 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 proposed survey 

area and there are no feeding areas 

known to be biologically important to 

marine mammals within the proposed 

survey area. There is no designated 

critical habitat for any ESA-listed 

marine mammals in the proposed 

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 noted 

previously, 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 proposed 

survey area overlaps a migratory 

corridor BIA for North Atlantic right 

whales. Due to the fact that the 

proposed survey activities are 

temporary and the spatial extent of 

sound produced by the survey would 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 

proposed survey. Given the relatively 

small size of the ensonified area, it is 

unlikely that prey availability would be 

adversely affected by HRG survey 

operations. Required vessel strike 

avoidance measures will also decrease 

risk of ship strike during migration; no 

ship strike is expected to occur during 

Ocean Wind’s proposed activities. 

Additionally, only very limited take by 

Level B harassment of North Atlantic 

right whales has been requested and is 

being proposed for authorization by 

NMFS as HRG survey operations are 

required to maintain a 500 m EZ and 

shutdown if a North Atlantic right 

whale is sighted at or within the EZ. 

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) is estimated to be 141 m, and 

thereby minimizes the potential for 

behavioral harassment of this species. 

As noted previously, Level A 

harassment is not expected due to the 

small PTS zones associated with HRG 

equipment types proposed for use. 

NMFS does not anticipate North 

Atlantic right whales takes that would 

result from Ocean Wind’s proposed 

activities would impact annual rates of 

recruitment or survival. Thus, any takes 

that occur would not result in 

population level impacts. 

Other Marine Mammal Species With 

Active UMEs 

As noted previously, there are several 

active UMEs occurring in the vicinity of 

Ocean Wind’s proposed 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. 

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. 

Elevated numbers of harbor seal and 

gray seal mortalities were first observed 

in July 2018 and have occurred across 

Maine, New Hampshire, and 

Massachusetts. Based on tests 

conducted so far, the main pathogen 

found in the seals is phocine distemper 

virus, although additional testing to 

identify other factors that may be 

involved in this UME are underway. 

The UME does not yet provide cause for 

concern regarding population-level 

impacts to any of these stocks. For 

harbor seals, the population abundance 

is over 75,000 and annual M/SI (350) is 

well below PBR (2,006) (Hayes et al., 

2020). The population abundance for 

gray seals in the United States is over 

27,000, with an estimated abundance, 

including seals in Canada, of 

approximately 450,000. In addition, the 

abundance of gray seals is likely 

increasing in the U.S. Atlantic as well 

as in Canada (Hayes et al., 2020). 

The required mitigation measures are 

expected to reduce the number and/or 

severity of proposed takes for all species 

listed in Table 5, 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 would 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 would 

only be exposed briefly to a small 

ensonified area that might result in take. 

Additionally, required 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 primarily support 

our preliminary determination that the 

impacts resulting from this activity are 


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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 for 

authorization; 

• No Level A harassment (PTS) is 

anticipated, even in the absence of 

mitigation measures, or proposed for 

authorization; 

• 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 primarily 

Level B behavioral harassment 

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 

would occur in such a comparatively 

small area such that any avoidance of 

the survey area due to activities would 

not affect migration. In addition, 

mitigation measures to shutdown at 500 

m to minimize potential for Level B 

behavioral harassment would limit any 

take 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 

proposed monitoring and mitigation 

measures, NMFS preliminarily finds 

that the total marine mammal take from 

the proposed 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. 

NMFS proposes to authorize 

incidental take of 16 marine mammal 

species (with 17 managed stocks). The 

total amount of takes proposed for 

authorization relative to the best 

available population abundance is less 

than 22 percent for one stock (bottlenose 

dolphin northern coastal migratory 

stock), less than 3 percent for the North 

Atlantic right whale, and less than 1 

percent for all other species and stocks, 

which NMFS preliminarily finds are 

small numbers of marine mammals 

relative to the estimated overall 

population abundances for those stocks. 

See Table 5. 

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 Endangered 

Species Act of 1973 (ESA: 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 OPR consults internally 

whenever we propose to authorize take 

for endangered or threatened species, in 

this case with NMFS Greater Atlantic 

Regional Fisheries Office (GARFO). 

NMFS OPR is proposing to authorize 

the incidental take of four species of 

marine mammals which are listed under 

the ESA: The North Atlantic right, fin, 

sei, and sperm whales. NMFS is 

proposing to authorize take, by Level B 

harassment only, of NARWs, 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 Ocean Wind 

and for which we are proposing to 

authorize take. GARFO concluded site 

assessment surveys (and issuance of 

associated IHAs) are not likely to 

adversely affect endangered species or 

adversely modify or destroy critical 

habitat. NMFS has determined that 

issuance of the proposed IHA is covered 

under the programmatic consultation. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to Ocean Wind for conducting 

marine site characterization surveys off 

the coast of New Jersey for one year 

from the date of issuance, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed IHA can be found at 

www.fisheries.noaa.gov/permit/ 

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

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: 


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• 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). 

(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: March 10, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–05477 Filed 3–15–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB833] 

Fisheries of the Gulf of Mexico; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 74 Pre-Data 

Workshop Webinar for Gulf of Mexico 

Red Snapper. 

SUMMARY: The SEDAR 74 assessment of 

Gulf of Mexico red snapper will consist 

of a Data workshop, a series of 

assessment webinars, and a Review 

workshop. See SUPPLEMENTARY

INFORMATION. 

DATES: The SEDAR 74 Pre-Data 

Workshop Webinar will be held on 

April 1, 2022, from 10 a.m. until 2 p.m. 

Eastern. 

ADDRESSES: 

Meeting address: The meeting will be 

held via webinar. The webinar is open 

to members of the public. Those 

interested in participating should 

contact Julie A. Neer at SEDAR (see FOR

FURTHER INFORMATION CONTACT) to 

request an invitation providing webinar 

access information. Please request 

webinar invitations at least 24 hours in 

advance of each webinar. 

SEDAR address: 4055 Faber Place 

Drive, Suite 201, North Charleston, SC 

29405. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Neer, SEDAR Coordinator; (843) 571– 

4366; email: Julie.neer@safmc.net. 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a multistep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report that compiles 

and evaluates potential datasets and 

recommends which datasets are 

appropriate for assessment analyses. 

The product of the Assessment Process 

is a stock assessment report that 

describes the fisheries, evaluates the 

status of the stock, estimates biological 

benchmarks, projects future population 

conditions, and recommends research 

and monitoring needs. The assessment 

is independently peer reviewed at the 

Review Workshop. The product of the 

Review Workshop is a Summary 

documenting panel opinions regarding 

the strengths and weaknesses of the 

stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office, 

HMS Management Division, and 

Southeast Fisheries Science Center. 

Participants include data collectors and 

database managers; stock assessment 

scientists, biologists, and researchers; 

constituency representatives including 

fishermen, environmentalists, and 

NGO’s; International experts; and staff 

of Councils, Commissions, and state and 

federal agencies. 

The items of discussion in the PreData Workshop Webinar are as follows: 

Participants will review data for use 

in the assessment of Gulf of Mexico red 

snapper. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the intent to take final action 

to address the emergency. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to the 

Council office (see ADDRESSES) at least 

10 business days prior to each 

workshop. 

Note: The times and sequence specified in 

this agenda are subject to change. 

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

Dated: March 11, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–05518 Filed 3–15–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB885] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council’s is convening its 

Scientific and Statistical Committee 

(SSC) via webinar to consider actions 

affecting New England fisheries in the 

exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This webinar will be held on 

Friday April 1, 2022, beginning at 9:30 

a.m. Webinar registration information: 

https://attendee.gotowebinar.com/ 

register/6149451307975258125. 


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