Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9801 

Savage Neck Dunes Natural Area 

Preserve. 

Washington 

Admiralty Head Preserve. 

Argyle Lagoon San Juan Islands Marine 

Preserve. 

Blake Island Underwater Park. 

Brackett’s Landing Shoreline Sanctuary 

Conservation Area. 

Cherry Point Aquatic Reserve. 

Cypress Island Aquatic Reserve. 

Deception Pass Underwater Park. 

False Bay San Juan Islands Marine 

Preserve. 

Fidalgo Bay Aquatic Reserve. 

Friday Harbor San Juan Islands Marine 

Preserve. 

Haro Strait Special Management Fishery 

Area. 

Maury Island Aquatic Reserve. 

San Juan Channel & Upright Channel 

Special Management Fishery Area. 

Orchard Rocks Conservation Area. 

Shaw Island San Juan Islands Marine 

Preserve. 

South Puget Sound Wildfire Area. 

Sund Rock Conservation Area. 

Yellow and Low Islands San Juan 

Islands Marine Preserve. 

Zelia Schultz/Protection Island Marine 

Preserve. 

Review and Approval 

Following this public comment 

period, the MPA Center will forward 

public comments to the relevant 

managing entity or entities, which will 

reaffirm or withdraw (in writing to the 

MPA Center) the nomination. After final 

MPA Center review, mutually agreed 

upon MPAs will be accepted into the 

national system and the List of National 

System MPAs will be posted at http:// 

www.mpa.gov. 

Dated: March 3, 2009. 

John H. Dunnigan, 

Assistant Administrator. 

[FR Doc. E9–4809 Filed 3–5–09; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN24 

Taking and Importing Marine 

Mammals; Operations of a Liquified 

Natural Gas Port Facility in 

Massachusetts Bay 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization and receipt of 

application for five-year regulations; 

request for comments and information. 

SUMMARY: NMFS has received a request 

from the Northeast Gateway Energy 

Bridge L.L.C. (Northeast Gateway or 

NEG) and its partner, Algonquin Gas 

Transmission, LLC (Algonquin), for 

authorization to take marine mammals 

incidental to operating and maintaining 

a liquified natural gas (LNG) port 

facility and its associated Pipeline 

Lateral by NEG and Algonquin, in 

Massachusetts Bay for the period of May 

2009 through May 2014. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an authorization 

to Northeast Gateway and Algonquin to 

incidentally take, by harassment, small 

numbers of marine mammals for a 

period of 1 year. NMFS is also 

requesting comments, information, and 

suggestions concerning Northeast 

Gateway’s application and the structure 

and content of future regulations. 

DATES: Comments and information must 

be received no later than April 6, 2009. 

ADDRESSES: Comments should be 

addressed to P. Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3226. The mailbox address for 

providing email comments on this 

action is PR1.0648–XN24@noaa.gov. 

Comments sent via email, including all 

attachments, must not exceed a 10– 

megabyte file size. A copy of the 

application and a list of references used 

in this document may be obtained by 

writing to this address, by telephoning 

the contact listed here (see FOR FURTHER

INFORMATION CONTACT) and is also 

available at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm. 

The Maritime Administration 

(MARAD) and U.S. Coast Guard (USCG) 

Final Environmental Impact Statement 

(Final EIS) on the Northeast Gateway 

Energy Bridge LNG Deepwater Port 

license application is available for 

viewing at http://dms.dot.gov under the 

docket number 22219. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and 101(a)(5)(D) 

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

direct the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional taking 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 regulations are issued or, 

if the taking is limited to harassment, a 

notice of a proposed authorization is 

provided to the public for review. 

Authorization shall be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and if the permissible methods of taking 

and requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 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. 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, 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]. 

Section 101(a)(5)(D) establishes a 45- 

day time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On August 15, 2008, NMFS received 

an application from Tetra Tech EC, Inc., 

on behalf of Northeast Gateway and 

Algonquin for an authorization to take 

12 species of marine mammals by Level 

B harassment incidental to operation 

and maintenance of an LNG port facility 

in Massachusetts Bay. Since LNG Port 

operation and maintenance activities 

have the potential to take marine 

mammals, a marine mammal take 

authorization under the MMPA is 

warranted. NMFS has already issued a 

one-year incidental harassment 

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9802 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

authorization for this activity pursuant 

to section 101(a)(5)(D) of the MMPA (73 

FR 29485, May 21, 2008), which expires 

on May 20, 2009. In order to for 

Northeast Gateway and Algonquin to 

continue their operation and 

maintenance of the LNG port facility in 

Massachusetts Bay, both companies are 

seeking a renewal of their IHA. On 

January 26, 2009, Northeast Gateway 

and Algonquin submitted a revised 

MMPA permit application with 

modified activities. The modified 

activities will also include certain 

operation and maintenance (O&M) 

activities to the Algonquin Pipeline 

Lateral for a limited time. Because the 

LNG Port facility and Algonquin 

Pipeline Lateral operation and 

maintenance activities will be ongoing 

in the foreseeable future, NMFS will 

propose regulations pursuant to section 

101(a)(5)(A) of the MMPA, which would 

govern these incidental takes under a 

Letter of Authorization for up to five 

years. Under section 101(a)(5)(A), NMFS 

also must prescribe mitigation, 

monitoring, and reporting requirements 

in its regulations. 

Description of the Activity 

The Northeast Gateway Port is located 

in Massachusetts Bay and consists of a 

submerged buoy system to dock 

specially designed LNG carriers 

approximately 13 mi (21 km) offshore of 

Massachusetts in federal waters 

approximately 270 to 290 ft (82 to 88 m) 

in depth. This facility delivers regasified 

LNG to onshore markets via a 16.06–mi 

(25.8–km) long, 24–in (61–cm) outside 

diameter natural gas pipeline lateral 

(Pipeline Lateral) owned and operated 

by Algonquin and interconnected to 

Algonquin’s existing offshore natural 

gas pipeline system in Massachusetts 

Bay (HubLine). 

The Northeast Gateway Port consists 

of two subsea Submerged Turret 

Loading (STL) buoys, each with a 

flexible riser assembly and a manifold 

connecting the riser assembly, via a 

steel flowline, to the subsea Pipeline 

Lateral. Northeast Gateway utilizes 

vessels from its current fleet of specially 

designed Liquefied Natural Gas 

Regasification Vessels (LNGRVs), each 

capable of transporting approximately 

2.9 billion ft3 (82 million m3) of natural 

gas condensed to 4.9 million feet3

(138,000 m3) of LNG. Northeast Gateway 

would also be adding vessels to its fleet 

that will have a cargo capacity of 

approximately 151,000 cubic m3. The 

mooring system installed at the 

Northeast Gateway Port is designed to 

handle both the existing vessels and any 

of the larger capacity vessels that may 

come into service in the future. The 

LNGRVs would dock to the STL buoys, 

which would serve as both the singlepoint mooring system for the vessels 

and the delivery conduit for natural gas. 

Each of the STL buoys is secured to the 

seafloor using a series of suction 

anchors and a combination of chain/ 

cable anchor lines. 

The proposed activity includes 

Northeast Gateway LNG Port operation 

and maintenance. 

NEG Port Operations 

During NEG Port operations, LNGRVs 

servicing the Northeast Gateway Port 

will utilize the newly configured and 

International Maritime Organizationapproved Boston Traffic Separation 

Scheme (TSS) on their approach to and 

departure from the Northeast Gateway 

Port at the earliest practicable point of 

transit. LNGRVs will maintain speeds of 

12 knots or less while in the TSS, unless 

transiting the Off Race Point Seasonal 

Management Area between the dates of 

March 1 and April 30, or the Great 

South Channel Seasonal Management 

Area between the dates of April 1 and 

July 31, when they will not exceed 10– 

knots or when there have been active 

right whale sightings, active acoustic 

detections, or both, in the vicinity of the 

transiting LNGRV in the TSS or at the 

Northeast Gateway Port, in which case 

the vessels also will slow their speeds 

to 10 knots or less. 

As an LNGRV makes its final 

approach to the Northeast Gateway Port, 

vessel speed will gradually be reduced 

to 3 knots at 1.86 mi (3 km) out to less 

than 1 knot at a distance of 1,640 ft (500 

m) from the Northeast Gateway Port. 

When an LNGRV arrives at the 

Northeast Gateway Port, it would 

retrieve one of the two permanently 

anchored submerged STL buoys. It 

would make final connection to the 

buoy through a series of engine and bow 

thruster actions. The LNGRV would 

require the use of thrusters for dynamic 

positioning during docking procedure. 

Typically, the docking procedure is 

completed over a 10- to 30–minute 

period, with the thrusters activated as 

necessary for short periods of time in 

second bursts, not a continuous sound 

source. Once connected to the buoy, the 

LNGRV will begin vaporizing the LNG 

into its natural gas state using the 

onboard regasification system. As the 

LNG is regasified, natural gas will be 

transferred at pipeline pressures off the 

LNGRV through the STL buoy and 

flexible riser via a steel flowline leading 

to the connecting Pipeline Lateral. 

When the LNG vessel is on the buoy, 

wind and current effects on the vessel 

would be allowed to ‘‘weathervane’’ on 

the single-point mooring system; 

therefore, thrusters will not be used to 

maintain a stationary position. 

It is estimated that the NEG Port could 

receive approximately 65 cargo 

deliveries a year. During this time 

period thrusters would be engaged in 

use for docking at the NEG Port 

approximately 10 to 30 minutes for each 

vessel arrival and departure. 

NEG Port Maintenance 

The specified design life of the NEG 

Port is about 40 years, with the 

exception of the anchors, mooring 

chain/rope, and riser/umbilical 

assemblies, which are based on a 

maintenance-free design life of 20 years. 

The buoy pick-up system components 

are considered consumable and would 

be inspected following each buoy 

connection, and replaced (from inside 

the STL compartment during the normal 

cargo discharge period) as deemed 

necessary. The underwater components 

of the NEG Port would be inspected 

once yearly in accordance with 

Classification Society Rules (American 

Bureau of Shipping) using either divers 

or remotely operated vehicles (ROVs) to 

inspect and record the condition of the 

various STL system components. These 

activities would be conducted using the 

NEG Port’s normal support vessel (125– 

foot, 99 gross ton, 2,700 horsepower, 

aluminum mono-hull vessel), and to the 

extent possible would coincide with 

planned weekly visits to the NEG Port. 

Helicopters would not be used for 

marker line maintenance inspections. 

Detailed information on the 

operations and maintenance activities 

can be found in the MARAD/USCG 

Final EIS on the Northeast Gateway 

Project (see ADDRESSES for availability) 

and in the take application. Detailed 

information on the LNG facility’s 

operation and maintenance activities, 

and noise generated from operations 

was also published in the Federal 

Register for the proposed IHA for 

Northeast Gateway’s LNG Port 

construction and operations on March 

13, 2007 (72 FR 11328). 

Algonquin Pipeline Lateral Operation 

and Maintenance (O&M) 

The O&M activities associated with 

the Algonquin Pipeline Lateral can be 

subdivided into two categories, Routine 

O&M Activities and Unplanned Repair 

Work. 

A. Routine O&M Activities 

The planned activities required for 

the O&M of the Algonquin Pipeline 

Lateral and Flowlines over a one year 

period are limited. Similar to the 

inspection of the NEG Port underwater 

components, the only planned O&M 

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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9803 

activity is the annual inspection of the 

cathodic protection monitors by a ROV. 

The monitors are located at the ends of 

the Algonquin Pipeline Lateral and the 

adjacent Flowlines. Each inspection 

activity will take approximately three 

days and will utilize a ROV launched 

from a vessel of opportunity. The most 

likely vessel will be similar to the NEG 

Port’s normal support vessel referenced 

in NEG Port Maintenance section. This 

vessel is self-positioning and requires 

no anchors or use of thrusters. It will 

mobilize from Salem, Massachusetts, 

and will inspect the monitors in the 

vicinity of the NEG Port and at the point 

where the Algonquin Pipeline Lateral 

interconnects with Algonquin’s 

HubLine. These activities will be 

performed during daylight hours and 

during periods of good weather. 

B. Unplanned Pipeline Repair Activities 

Unplanned O&M activities may be 

required from time to time at a location 

along the Algonquin Pipeline Lateral or 

along one of the Flowlines should the 

line become damaged or malfunction. 

Should repair work be required, it is 

likely a dive vessel would be the main 

vessel used to support the repair work. 

The type of diving spread and the 

corresponding vessel needed to support 

the spread would be dictated by the 

type of repair work required and the 

water depth at the work location. In 

addition, the type of vessel used may 

vary depending upon availability. The 

duration of an unplanned activity 

would also vary depending upon the 

repair work involved (e.g., repairing or 

replacing a section of the pipeline, 

connection, or valve) but can generally 

be assumed to take less than 40 work 

days to complete based on industry 

experience with underwater pipeline 

repairs. 

A diving spread required to execute 

an unplanned activity might necessitate 

several vessels. Most likely the dive 

vessel would support a saturation 

diving spread and be moored at the 

work location using four anchors. This 

vessel would likely be accompanied by 

an attendant tug to assist with anchor 

placement. Once secured at the work 

location, the dive vessel would remain 

on site through the completion of the 

work, weather permitting. A crew/ 

supply boat would be utilized to 

intermittently provide labor and supply 

transfers. Once or twice during the 

work, a tug may be required to bring a 

material barge to and from the location. 

While unlikely, there is a small 

possibility that a second dive vessel 

would be required to support the main 

dive vessel, depending upon the work 

activity. The second dive vessel would 

be on-site for a shorter work duration. 

These vessels would be supported from 

an onshore base located between 

Quincy, Massachusetts and Gloucester, 

Massachusetts. 

The selection of a dive vessel will be 

driven by the technical requirements of 

the work. In addition, the degree of 

urgency required to address the work 

and the availability of vessels will also 

enter into the decision process for 

securing a dive vessel. It may be that a 

four point moored dive vessel is either 

not available or doesn’t meet the 

technical capabilities required by the 

work. It then becomes possible that a 

dynamically positioned (DP) dive vessel 

may have to be utilized. The use of a DP 

dive vessel removes the need for an 

attendant tug to support the vessel since 

no anchors will be deployed. However, 

potential impacts related to noise are 

increased when a DP dive vessel is 

used. The noise generated by a DP dive 

vessel varies, and results from the use 

of the thrusters at various levels to 

maintain the vessel’s position during 

the work depending upon currents, 

winds, waves and other forces acting on 

the vessel at the time of the work. 

Description of Marine Mammals in the 

Area of the Specified Activities 

Marine mammal species that 

potentially occur in the vicinity of the 

Northeast Gateway facility include 

several species of cetaceans and 

pinnipeds: 

North Atlantic right whale (Eubalaena 

glacialis), 

humpback whale (Megaptera 

novaeangliae), 

fin whale (Balaenoptera physalus), 

minke whale (B. acutorostrata), 

long-finned pilot whale (Globicephala 

melas), 

Atlantic white-sided dolphin 

(Lagenorhynchus acutus), 

bottlenose dolphin (Tursiops 

truncatus), 

common dolphin (Delphinus delphis), 

killer whale (Orcinus orca), 

harbor porpoise (Phocoena 

phocoena), 

harbor seal (Phoca vitulina), and 

gray seal (Halichoerus grypus). 

Information on those species that may 

be affected by this activity are discussed 

in detail in the USCG Final EIS on the 

Northeast Gateway LNG proposal. 

Please refer to that document for more 

information on these species and 

potential impacts from construction and 

operation of this LNG facility. In 

addition, general information on these 

marine mammal species can also be 

found in Wursig et al. (2000) and in the 

NMFS Stock Assessment Reports 

(Waring et al., 2007). This latter 

document is available at: http:// 

www.nefsc.noaa.gov/nefsc/publications/ 

tm/tm201/. An updated summary on 

several commonly sighted marine 

mammal species distribution and 

abundance in the vicinity of the 

proposed action area is provided below. 

Humpback Whale 

The highest abundance for humpback 

whales is distributed primarily along a 

relatively narrow corridor following the 

100–m (328 ft) isobath across the 

southern Gulf of Maine from the 

northwestern slope of Georges Bank, 

south to the Great South Channel, and 

northward alongside Cape Cod to 

Stellwagen Bank and Jeffreys Ledge. The 

relative abundance of whales increases 

in the spring with the highest 

occurrence along the slope waters 

(between the 40- and 140–m, or 131- 

and 459–ft, isobaths) off Cape Cod and 

Davis Bank, Stellwagen Basin and 

Tillies Basin and between the 50- and 

200–m (164- and 656–ft) isobaths along 

the inner slope of Georges Bank. High 

abundance is also estimated for the 

waters around Platts Bank. In the 

summer months, abundance increases 

markedly over the shallow waters (<50 

m, or <164 ft) of Stellwagen Bank, the 

waters (100 - 200 m, or 328 - 656 ft) 

between Platts Bank and Jeffreys Ledge, 

the steep slopes (between the 30- and 

160–m isobaths) of Phelps and Davis 

Bank north of the Great South Channel 

towards Cape Cod, and between the 50- 

and 100–m (164- and 328–ft) isobath for 

almost the entire length of the steeply 

sloping northern edge of Georges Bank. 

This general distribution pattern 

persists in all seasons except winter, 

when humpbacks remain at high 

abundance in only a few locations 

including Porpoise and Neddick Basins 

adjacent to Jeffreys Ledge, northern 

Stellwagen Bank and Tillies Basin, and 

the Great South Channel. 

Fin Whale 

Spatial patterns of habitat utilization 

by fin whales are very similar to those 

of humpback whales. Spring and 

summer high-use areas follow the 100– 

m (328 ft) isobath along the northern 

edge of Georges Bank (between the 50- 

and 200–m (164- and 656–ft) isobaths), 

and northward from the Great South 

Channel (between the 50- and 160–m, or 

164- and 525–ft, isobaths). Waters 

around Cashes Ledge, Platts Bank, and 

Jeffreys Ledge are all high-use areas in 

the summer months. Stellwagen Bank is 

a high-use area for fin whales in all 

seasons, with highest abundance 

occurring over the southern Stellwagen 

Bank in the summer months. In fact, the 

southern portion of the Stellwagen Bank 

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9804 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

National Marine Sanctuary (SBNMS) is 

used more frequently than the northern 

portion in all months except winter, 

when high abundance is recorded over 

the northern tip of Stellwagen Bank. In 

addition to Stellwagen Bank, high 

abundance in winter is estimated for 

Jeffreys Ledge and the adjacent Porpoise 

Basin (100- to 160–m, 328- to 656–ft, 

isobaths), as well as Georges Basin and 

northern Georges Bank. 

Minke Whale 

Like other piscivorous baleen whales, 

highest abundance for minke whale is 

strongly associated with regions 

between the 50- and 100–m (164- and 

328–ft) isobaths, but with a slightly 

stronger preference for the shallower 

waters along the slopes of Davis Bank, 

Phelps Bank, Great South Channel and 

Georges Shoals on Georges Bank. Minke 

whales are sighted in the SBNMS in all 

seasons, with highest abundance 

estimated for the shallow waters 

(approximately 40 m, or 131 ft) over 

southern Stellwagen Bank in the 

summer and fall months. Platts Bank, 

Cashes Ledge, Jeffreys Ledge, and the 

adjacent basins (Neddick, Porpoise and 

Scantium) also support high relative 

abundance. Very low densities of minke 

whales remain throughout most of the 

southern Gulf of Maine in winter. 

North Atlantic Right Whale 

North Atlantic right whales are 

generally distributed widely across the 

southern Gulf of Maine in spring with 

highest abundance locate over the 

deeper waters (100- to 160–m, or 328- to 

525–ft, isobaths) on the northern edge of 

the Great South Channel and deep 

waters (100 300 m, 328 - 984 ft) parallel 

to the 100–m (328–ft) isobath of 

northern Georges Bank and Georges 

Basin. High abundance is also found in 

the shallowest waters (<30 m, or <98 ft) 

of Cape Cod Bay, over Platts Bank and 

around Cashes Ledge. Lower relative 

abundance is estimated over deep-water 

basins including Wilkinson Basin, 

Rodgers Basin and Franklin Basin. In 

the summer months, right whales move 

almost entirely away from the coast to 

deep waters over basins in the central 

Gulf of Maine (Wilkinson Basin, Cashes 

Basin between the 160- and 200–m, or 

525- and 656–ft, isobaths) and north of 

Georges Bank (Rogers, Crowell and 

Georges Basins). Highest abundance is 

found north of the 100–m (328–ft) 

isobath at the Great South Channel and 

over the deep slope waters and basins 

along the northern edge of Georges 

Bank. The waters between Fippennies 

Ledge and Cashes Ledge are also 

estimated as high-use areas. In the fall 

months, right whales are sighted 

infrequently in the Gulf of Maine, with 

highest densities over Jeffreys Ledge and 

over deeper waters near Cashes Ledge 

and Wilkinson Basin. In winter, Cape 

Cod Bay, Scantum Basin, Jeffreys Ledge, 

and Cashes Ledge were the main highuse areas. Although SBNMS does not 

appear to support the highest 

abundance of right whales, sightings 

within SBNMS are reported for all four 

seasons, albeit at low relative 

abundance. Highest sighting within 

SBNMS occured along the southern 

edge of the Bank. 

Long-finned Pilot Whale 

The long-finned pilot whale is more 

generally found along the edge of the 

continental shelf (a depth of 330 to 

3,300 ft, or 100 to 1,000 m), choosing 

areas of high relief or submerged banks 

in cold or temperate shoreline waters. 

This species is split between two 

subspecies: the Northern and Southern 

subspecies. The Southern subspecies is 

circumpolar with northern limits of 

Brazil and South Africa. The Northern 

subspecies, which could be encountered 

during operation of the NEG Port, ranges 

from North Carolina to Greenland 

(Reeves et al., 2002; Wilson and Ruff, 

1999). In the western North Atlantic, 

long-finned pilot whales are pelagic, 

occurring in especially high densities in 

winter and spring over the continental 

slope, then moving inshore and onto the 

shelf in summer and autumn following 

squid and mackerel populations (Reeves 

et al., 2002). They frequently travel into 

the central and northern Georges Bank, 

Great South Channel, and Gulf of Maine 

areas during the summer and early fall 

(May and October) (NOAA, 1993). 

According to the species stock report, 

the population estimate for the Gulf of 

Maine/Bay of Fundy long-finned pilot 

whale is 14,524 individuals (Waring et 

al., 2004). 

Atlantic White-Sided Dolphin 

In spring, summer and fall, Atlantic 

white-sided dolphins are widespread 

throughout the southern Gulf of Maine, 

with the high-use areas widely located 

either side of the 100–m (328–ft) isobath 

along the northern edge of Georges 

Bank, and north from the Great South 

Channel to Stellwagen Bank, Jeffreys 

Ledge, Platts Bank and Cashes Ledge. In 

spring, high-use areas exist in the Great 

South Channel, northern Georges Bank, 

the steeply sloping edge of Davis Bank 

and Cape Cod, southern Stellwagen 

Bank and the waters between Jeffreys 

Ledge and Platts Bank. In summer, there 

is a shift and expansion of habitat 

toward the east and northeast. High-use 

areas are identified along most of the 

northern edge of Georges Bank between 

the 50- and 200–m (164- and 656–ft) 

isobaths and northward from the Great 

South Channel along the slopes of Davis 

Bank and Cape Cod. High sightings are 

also recorded over Truxton Swell, 

Wilkinson Basin, Cashes Ledge and the 

bathymetrically complex area northeast 

of Platts Bank. High sightings of whitesided dolphin are recorded within 

SBNMS in all seasons, with highest 

density in summer and most 

widespread distributions in spring 

locate mainly over the southern end of 

Stellwagen Bank. In winter, high 

sightings are recorded at the northern 

tip of Stellwagen Bank and Tillies 

Basin. 

A comparison of spatial distribution 

patterns for all baleen whales 

(Mysticeti) and all porpoises and 

dolphins combined show that both 

groups have very similar spatial patterns 

of high- and low-use areas. The baleen 

whales, whether piscivorous or 

planktivorous, are more concentrated 

than the dolphins and porpoises. They 

utilize a corridor that extended broadly 

along the most linear and steeply 

sloping edges in the southern Gulf of 

Maine indicated broadly by the 100 m 

(328 ft) isobath. Stellwagen Bank and 

Jeffreys Ledge support a high abundance 

of baleen whales throughout the year. 

Species richness maps indicate that 

high-use areas for individual whales 

and dolphin species co-occurr, resulting 

in similar patterns of species richness 

primarily along the southern portion of 

the 100–m (328–ft) isobath extending 

northeast and northwest from the Great 

South Channel. The southern edge of 

Stellwagen Bank and the waters around 

the northern tip of Cape Cod are also 

highlighted as supporting high cetacean 

species richness. Intermediate to high 

numbers of species are also calculated 

for the waters surrounding Jeffreys 

Ledge, the entire Stellwagen Bank, 

Platts Bank, Fippennies Ledge and 

Cashes Ledge. 

Killer Whale, Common Dolphin, 

Bottlenose Dolphin, and Harbor 

Porpoise 

Although these four species are some 

of the most widely distributed small 

cetacean species in the world (Jefferson 

et al., 1993), they are not commonly 

seen in the vicinity of the proposed 

project area in Massachusetts Bay 

(Wiley et al., 1994; NCCOS, 2006; 

Northeast Gateway Marine Mammal 

Monitoring Weekly Reports, 2007). 

Harbor Seal and Gray Seal 

In the U.S. waters of the western 

North Atlantic, both harbor and gray 

seals are usually found from the coast of 

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Maine south to southern New England 

and New York (Warrings et al., 2007). 

Along the southern New England and 

New York coasts, harbor seals occur 

seasonally from September through late 

May (Schneider and Payne, 1983). In 

recent years, their seasonal interval 

along the southern New England to New 

Jersey coasts has increased (deHart, 

2002). In U.S. waters, harbor seal 

breeding and pupping normally occur in 

waters north of the New Hampshire/ 

Maine border, although breeding has 

occurred as far south as Cape Cod in the 

early part of the 20th century (Temte et 

al., 1991; Katona et al., 1993). 

Although gray seals are often seen off 

the coast from New England to 

Labrador, within the U.S. waters, only 

small numbers of gray seals have been 

observed pupping on several isolated 

islands along the Maine coast and in 

Nantucket-Vineyard Sound, 

Massachusetts (Katona et al., 1993; 

Rough, 1995). In the late 1990s, a yearround breeding population of 

approximately over 400 gray seals was 

documented on outer Cape Cod and 

Muskeget Island (Warring et al., 2007). 

Potential Effects of Noise on Marine 

Mammals 

The effects of noise on marine 

mammals are highly variable, and can 

be categorized as follows (based on 

Richardson et al., 1995): (1) The noise 

may be too weak to be heard at the 

location of the animal (i.e., lower than 

the prevailing ambient noise level, the 

hearing threshold of the animal at 

relevant frequencies, or both); (2) The 

noise may be audible but not strong 

enough to elicit any overt behavioral 

response; (3) The noise may elicit 

reactions of variable conspicuousness 

and variable relevance to the well being 

of the marine mammal; these can range 

from temporary alert responses to active 

avoidance reactions such as vacating an 

area at least until the noise event ceases; 

(4) Upon repeated exposure, a marine 

mammal may exhibit diminishing 

responsiveness (habituation), or 

disturbance effects may persist; the 

latter is most likely with sounds that are 

highly variable in characteristics, 

infrequent and unpredictable in 

occurrence, and associated with 

situations that a marine mammal 

perceives as a threat; (5) Any 

anthropogenic noise that is strong 

enough to be heard has the potential to 

reduce (mask) the ability of a marine 

mammal to hear natural sounds at 

similar frequencies, including calls from 

conspecifics, and underwater 

environmental sounds such as surf 

noise; (6) If mammals remain in an area 

because it is important for feeding, 

breeding or some other biologically 

important purpose even though there is 

chronic exposure to noise, it is possible 

that there could be noise-induced 

physiological stress; this might in turn 

have negative effects on the well-being 

or reproduction of the animals involved; 

and (7) Very strong sounds have the 

potential to cause temporary or 

permanent reduction in hearing 

sensitivity. In terrestrial mammals, and 

presumably marine mammals, received 

sound levels must far exceed the 

animal’s hearing threshold for there to 

be any temporary threshold shift (TTS) 

in its hearing ability. For transient 

sounds, the sound level necessary to 

cause TTS is inversely related to the 

duration of the sound. Received sound 

levels must be even higher for there to 

be risk of permanent hearing 

impairment. In addition, intense 

acoustic (or explosive events) may cause 

trauma to tissues associated with organs 

vital for hearing, sound production, 

respiration and other functions. This 

trauma may include minor to severe 

hemorrhage. 

There are three general categories of 

sounds recognized by NMFS: 

continuous (such as shipping sounds), 

intermittent (such as vibratory pile 

driving sounds), and impulse. No 

impulse noise activities, such as 

blasting or standard pile driving, are 

associated with this project. The noise 

sources of potential concern are 

regasification/offloading (which is a 

continuous sound) and dynamic 

positioning of vessels using thrusters 

(an intermittent sound) from LNGRVs 

during docking at the NEG port facility 

and from repair vessels during 

Algonquin Pipeline Lateral repair and 

maintenance for diving support. Based 

on research by Malme et al. (1983; 

1984), for both continuous and 

intermittent sound sources, Level B 

harassment is presumed to begin at 

received levels of 120–dB. The detailed 

description of the noise that would 

result from the proposed LNG Port 

operations and Pipeline Lateral O&M 

activities is provided in the Federal 

Register for the initial construction and 

operations of the NEG LNG Port facility 

and Pipeline Lateral in 2007 (72 FR 

27077; May 14, 2007). 

NEG Port Activities 

Underwater noise generated at the 

NEG Port has the potential to result 

from two distinct actions, including 

closed-loop regasification of LNG and/or 

LNGRV maneuvering during coupling 

and decoupling with STL buoys. To 

evaluate the potential for these activities 

to result in underwater noise that could 

harass marine mammals, Excelerate 

Energy, L.L.C. (Excelerate) conducted 

field sound survey studies during 

periods of March 21 to 25, 2005 and 

August 6 to 9, 2006 while the LNGRV 

Excelsior was both maneuvering and 

moored at the operational Gulf Gateway 

Port located 116 mi (187 km) offshore in 

the Gulf of Mexico (the Gulf) (see 

Appendices B and C of the NEG and 

Algonquin application). LNGRV 

maneuvering conditions included the 

use of both stern and bow thrusters 

required for dynamic positioning during 

coupling. These data were used to 

model underwater sound propagation at 

the NEG Port. The pertinent results of 

the field survey are provided as 

underwater sound source pressure 

levels as follows: 

• Sound levels during closed-loop 

regasification ranged from 104 to 110 

decibel linear (dBL). Maximum levels 

during steady state operations were 108 

dBL. 

• Sound levels during coupling 

operations were dominated by the 

periodic use of the bow and stern 

thrusters and ranged from 160 to 170 

dBL. 

Figures 1–1 and 1–2 of the NEG and 

Algonquin’s revised MMPA permit 

application present the net acoustic 

impact of one LNGRV operating at the 

NEG Port. Thrusters are operated 

intermittently and only for relatively 

short durations of time. The resulting 

area within the 120 dB isopleth is less 

than 1 km2 with the linear distance to 

the isopleths extending 430 m (1,411 ft). 

The area within the 180 dB isopleth is 

very localized and will not extend 

beyond the immediate area where 

LNGRV coupling operations are 

occurring. 

The potential impacts to marine 

mammals associated with sound 

propagation from vessel movements, 

anchors, chains and LNG regasification/ 

offloading could be the temporary and 

short-term displacement of seals and 

whales from within the 120–dB zones 

ensonified by these noise sources. 

Animals would be expected to reoccupy the area once the noise ceases. 

Unplanned Pipeline Lateral Repair 

Activities 

As discussed previously, pipeline 

repairs may be required from time to 

time should the pipeline become 

damaged or malfunction. While the 

need for repairs to underwater pipelines 

is typically infrequent, in the event that 

a pipeline repair is required, it is most 

likely that anchor-moored vessels will 

be used. If so, underwater noise will not 

be generated at the level of concern for 

marine mammals. 

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However, there is the potential that 

underwater noise will be generated 

within the 120 dB threshold for level B 

harassment for marine mammals if DP 

vessels are used to perform the work. 

Given the limited availability of DP dive 

support vessels, it is most likely that an 

anchor-moored dive vessel will be used, 

though the possibility that a DP vessel 

would be used cannot be ruled out. 

Depending on the nature of the repair, 

the work could last for up to 40 work 

days. The possibility that a DP vessel 

would be used to perform a pipeline 

repair is the only instance in which 

underwater noise will be generated 

within the 120 dB threshold for level B 

harassment in connection with 

Algonquin’s ownership or operation of 

the Algonquin Pipeline Lateral. 

In general, DP vessels are fitted with 

six thrusters of three main types: main 

propellers, tunnel thrusters and azimuth 

thrusters. Two or three tunnel thrusters 

are usually fitted in the bow. Stern 

tunnel thrusters are also common, 

operating together but controlled 

individually, as are azimuth or compass 

thrusters placed in the rear. Azimuth 

thrusters are located beneath the bottom 

of the vessel and can be rotated to 

provide thrust in any direction. During 

vessel operation, the thrusters engage in 

varying numbers and at varying 

intensity levels, as needed to control 

and maintain vessel location based on 

sea and weather conditions. While at 

least one thruster is always engaged in 

at least partial capacity, higher noise 

levels are generated periodically when 

greater numbers of thrusters need to 

engage, and when thrusters are at closer 

to their full capacity. Thruster 

underwater noise levels are principally 

caused by cavitation, which is a 

combination of broadband noise and 

tonal sounds at discrete frequencies. 

In August 2007, during construction 

of the NEG Port and Algonquin Pipeline 

Lateral, Northeast Gateway collected 

sound measurements of vessels used to 

support construction including crew 

boats, support tugs, and diver support 

vessels which required the steady use of 

thrusters as well as unassociated boat 

movements routinely occurring outside 

the immediate construction zone. These 

vessels are similar to those which may 

be employed during pipeline repair. 

Based upon the measurement data 

collected, results showed no exceedance 

of the 180 dBL level for potential Level 

B harassment that could cause TTS 

during any of the monitoring periods in 

the acoustic far field ranging from 605 

to 1,050 m (1,985 to 3,445 ft) (see Figure 

1–3 of the NEG and Algonquin MMPA 

permit application). However, 

construction activities involving the use 

of DP vessels did exceed the 120 dBL 

Level B behavioral harassment 

threshold for this sound bype, 

principally at low and mid-range 

frequencies. 

It is important to note, however, that 

even though measurements showed 

construction activities periodically 

resulted in the exceedances of the Level 

B behavioral harassment threshold, such 

received sound pressure levels may not 

in every instance be perceptible to 

marine life, as hearing thresholds are 

largely frequency-dependent and vary 

considerably from species to species. In 

addition, though ambient noise in 

shallow waters such as the Gulf of 

Maine tends to be highly variable in 

both time and location, existing elevated 

ambient conditions inherent within the 

Massachusetts Bay environment may 

effectively mask noise generated by 

future offshore repair work at short to 

moderate distances from where the 

work is occurring. This is particularly 

true during elevated wind and seastate 

conditions when the use of thrusters is 

more predominant. At the same time, 

the ambient underwater noise intensity 

levels will be higher during these 

periods as well. 

Estimates of Take by Harassment 

Although Northeast Gateway stated 

that the ensonified area of 120–dB 

isopleths by LNGRV’s decoupling 

would be less than 1 km2 as measured 

in the Gulf of Mexico in 2005, due to the 

lack of more recent sound source 

verification and the lack of source 

measurement in Massachusetts Bay, 

NMFS uses a more conservative 

spreading model to calculate the 120 dB 

isopleth received sound level. This 

model was also used to establish 120– 

dB zone of influence (ZOI) for the 

previous IHAs issued to Northeast 

Gateway. In the vicinity of the LNG 

Port, where the water depth is about 80 

m (262 ft), the 120–dB radius is 

estimated to be 2.56 km (1.6 mi) 

maximum from the sound source during 

dynamic positioning for the container 

ship, making a maximum ZOI of 21 km2

(8.1 mi2). For shallow water depth (40 

m or 131 ft) representative of the 

northern segment of the Algonquin 

Pipeline Lateral, the 120–dB radius is 

estimated to be 3.31 km (2.06 mi), the 

associated ZOI is 34 km2 (13.1 mi2). 

The basis for Northeast Gateway and 

Algonquin’s ‘‘take’’ estimate is the 

number of marine mammals that would 

be exposed to sound levels in excess of 

120 dB. For the NEG port facility 

operations, the take estimates are 

determined by multiplying the area of 

the LNGRV’s ZOI (21 km2) by local 

marine mammal density estimates, 

corrected to account for 50 percent more 

marine mammals that may be 

underwater, and then multiplying by 

the estimated LNG container ship visits 

per year. For the Algonquin Pipeline 

Lateral O&M activities, the take 

estimates are determined by multiplying 

the area of ZOI (34 km2 ) resulting from 

the DP vessel used in repair by local 

marine mammal density estimates, 

corrected to account for 50 percent more 

marine mammals that may be 

underwater, and then multiplying by 

the number of dates O&M activities are 

conducted per year. In the case of data 

gaps, a conservative approach was used 

to ensure the potential number of takes 

is not underestimated, as described 

next. 

NMFS recognizes that baleen whale 

species other than North Atlantic right 

whales have been sighted in the project 

area from May to November. However, 

the occurrence and abundance of fin, 

humpback, and minke whales is not 

well documented within the project 

area. Nonetheless, NMFS uses the data 

on cetacean distribution within 

Massachusetts Bay, such as those 

published by the National Centers for 

Coastal Ocean Science (NCCOS, 2006), 

to estimate potential takes of marine 

mammals species in the vicinity of 

project area. 

The NCCOS study used cetacean 

sightings from two sources: (1) the 

North Atlantic Right Whale Consortium 

(NARWC) sightings database held at the 

University of Rhode Island (Kenney, 

2001); and (2) the Manomet Bird 

Observatory (MBO) database, held at 

NMFS Northeast Fisheries Science 

Center (NEFSC). The NARWC data 

contained survey efforts and sightings 

data from ship and aerial surveys and 

opportunistic sources between 1970 and 

2005. The main data contributors 

included: Cetacean and Turtles 

Assessment Program (CETAP), Canadian 

Department of Fisheries and Oceans, 

PCCS, International Fund for Animal 

Welfare, NOAA’s NEFSC, New England 

Aquarium, Woods Hole Oceanographic 

Institution, and the University of Rhode 

Island. A total of 653,725 km (406,293 

mi) of survey track and 34,589 cetacean 

observations were provisionally selected 

for the NCCOS study in order to 

minimize bias from uneven allocation of 

survey effort in both time and space. 

The sightings-per-unit-effort (SPUE) was 

calculated for all cetacean species by 

month covering the southern Gulf of 

Maine study area, which also includes 

the project area (NCCOS, 2006). 

The MBO’s Cetacean and Seabird 

Assessment Program (CSAP) was 

contracted from 1980 to 1988 by NMFS 

NEFSC to provide an assessment of the 

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relative abundance and distribution of 

cetaceans, seabirds, and marine turtles 

in the shelf waters of the northeastern 

United States (MBO, 1987). The CSAP 

program was designed to be completely 

compatible with NMFS NEFSC 

databases so that marine mammal data 

could be compared directly with 

fisheries data throughout the time series 

during which both types of information 

were gathered. A total of 5,210 km 

(8,383 mi) of survey distance and 636 

cetacean observations from the MBO 

data were included in the NCCOS 

analysis. Combined valid survey effort 

for the NCCOS studies included 567,955 

km (913,840 mi) of survey track for 

small cetaceans (dolphins and 

porpoises) and 658,935 km (1,060,226 

mi) for large cetaceans (whales) in the 

southern Gulf of Maine. The NCCOS 

study then combined these two data sets 

by extracting cetacean sighting records, 

updating database field names to match 

the NARWC database, creating geometry 

to represent survey tracklines and 

applying a set of data selection criteria 

designed to minimize uncertainty and 

bias in the data used. 

Owing to the comprehensiveness and 

total coverage of the NCCOS cetacean 

distribution and abundance study, 

NMFS calculated the estimated take 

number of marine mammals based on 

the most recent NCCOS report 

published in December 2006. A 

summary of seasonal cetacean 

distribution and abundance in the 

project area is provided above, in the 

Marine Mammals Affected by the 

Activity section. For a detailed 

description and calculation of the 

cetacean abundance data and sighting 

per unit effort (SPUE), please refer to the 

NCCOS study (NCCOS, 2006). These 

data show that the relative abundance of 

North Atlantic right, fin, humpback, 

minke, and pilot whales, and Atlantic 

white-sided dolphins for all seasons, as 

calculated by SPUE in number of 

animals per square kilometer, is 0.0082, 

0.0097, 0.0265, 0.0059, 0.0407, and 

0.1314 n/km, respectively. 

In calculating the area density of these 

species from these linear density data, 

NMFS used 0.4 km (0.25 mi), which is 

a quarter the distance of the radius for 

visual monitoring (see Proposed 

Monitoring, Mitigation, and Reporting 

section below), as a conservative 

hypothetical strip width (W). Thus the 

area density (D) of these species in the 

project area can be obtained by the 

following formula: 

D = SPUE/2W. 

Based on this calculation method, the 

estimated take numbers per year for 

North Atlantic right, fin, humpback, 

minke, and pilot whales, and Atlantic 

white-sided dolphins by the NEG Port 

facility operations, which is an average 

of 65 visits by LNG container ships to 

the project area per year (or 

approximately 1.25 visits per week), 

operating the vessels’ thrusters for 

dynamic positioning before offloading 

natural gas, corrected for 50 percent 

underwater, are 21, 25, 68, 15, 104, and 

336, respectively. 

The estimated take number per year 

for North Atlantic right, fin, humpback, 

minke, and pilot whales, and Atlantic 

white-side dolphin by the Algonquin 

Pipeline Lateral O&M activities, based 

on a maximum of 40 days by the 

operation of DP vessels for diver 

support, corrected for 50 percent 

underwater, are 21, 25, 68, 15, 104, and 

335, respectively. 

The total estimated take numbers of 

these species per year are: 42 North 

Atlantic right, 50 fin, 136 humpback, 30 

minke, 208 pilot whales, and 671 

Atlantic white-sided dolphins. These 

numbers represent maximum of 12.9, 

2.2, 15.0, 0.9, 0.7, and 1.1 percent of the 

populations for these species, 

respectively. Since it is very likely that 

individual animals could be ‘‘taken’’ by 

harassment multiple times, these 

percentages are the upper boundary of 

the animal population that could be 

affected. Therefore, the actual number of 

individual animals being exposed or 

taken would be far less. There is no 

danger of injury, death, or hearing 

impairment from the exposure to these 

noise levels. 

In addition, bottlenose dolphins, 

common dolphins, killer whales, harbor 

porpoises, harbor seals, and gray seals 

could also be taken by Level B 

harassment as a result of deepwater 

LNG port operations and Pipeline 

Lateral O&M activities. The numbers of 

estimated take of these species are not 

available because they are rare in the 

project area. The population estimates 

of these marine mammal species and 

stock in the west North Atlantic basin 

are 81,588; 120,743; 89,700; 99,340; and 

195,000 for bottlenose dolphins, 

common dolphins, harbor porpoises, 

harbor seals, and gray seals, respectively 

(Waring et al., 2007). No population 

estimate is available for the North 

Atlantic stock of killer whales, however, 

their occurrence within the proposed 

project area is rare. Since the 

Massachusetts Bay represents only a 

small fraction of the west North Atlantic 

basin where these animals occur, and 

these animals do not congregate in the 

vicinity of the project area, NMFS 

believes that only relatively small 

numbers of these marine mammal 

species would be potentially affected by 

the Northeast Gateway LNG deepwater 

project. From the most conservative 

estimates of both marine mammal 

densities in the project area and the size 

of the 120–dB zone of (noise) influence, 

the calculated number of individual 

marine mammals for each species that 

could potentially be harassed annually 

is small relative to the overall 

population size. 

Potential Impact on Habitat 

Operation of the NEG Port and 

Algonquin Pipeline Lateral will result in 

long-term effects on the marine 

environment, including alteration of 

seafloor conditions, continued 

disturbance of the seafloor, regular 

withdrawal of sea water, and regular 

generation of underwater noise. A small 

area (0.14 acre) along the Pipeline 

Lateral will be permanently altered 

(armored) at two cable crossings. In 

addition, the structures associated with 

the Port will occupy 4.8 acres of 

seafloor. An additional area of the 

seafloor of up to 38 acres will be subject 

to disturbance due to chain sweep while 

the buoys are occupied. The benthic 

community in the up-to 38 acres of soft 

bottom that may be swept by the anchor 

chains while EBRVs are docked will 

have limited opportunity to recover, so 

this area will experience a long-term 

reduction in benthic productivity. 

Each LNGRV will require the 

withdrawal of an average of 4.97 million 

gallons per day of sea water for general 

ship operations during its 8–day stay at 

the Port. Plankton associated with the 

sea water will not likely survive this 

activity. Based on densities of plankton 

in Massachusetts Bay, it is estimated 

that sea water use during operations 

will consume, on a daily basis, about 

three 200 x 1,010 phytoplankton cells 

(about several hundred grams of 

biomass), 6.5 x 108 zooplankters 

(equivalent to about 1.2 kg of copepods), 

and on the order of 30,000 fish eggs and 

5,000 fish larvae. Also, the daily 

removal of sea water will reduce the 

food resources available for 

planktivorous organisms. However, the 

removal of these species is minor 

relative to the overall area they occupy 

and unlikely to measurably affect the 

food sources available to marine 

mammals. 

Proposed Monitoring and Mitigation 

Measures 

For the proposed NEG LNG port 

operations and Algonquin Pipeline 

Lateral O&M activities, NMFS proposes 

the following monitoring and mitigation 

measures. 

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Marine Mammal Observers 

For activities related to the NEG LNG 

port operations, all individuals onboard 

the LNGRVs responsible for the 

navigation and lookout duties on the 

vessel must receive training prior to 

assuming navigation and lookout duties, 

a component of which will be training 

on marine mammal sighting/reporting 

and vessel strike avoidance measures. 

Crew training of LNGRV personnel will 

stress individual responsibility for 

marine mammal awareness and 

reporting. 

If a marine mammal is sighted by a 

crew member, an immediate notification 

will be made to the Person-in-Charge on 

board the vessel and the Northeast Port 

Manager, who will ensure that the 

required vessel strike avoidance 

measures and reporting procedures are 

followed. 

For activities related to the Algonquin 

Pipeline Lateral O&M, two qualified 

Maine Mammal Observers (MMOs) will 

be assigned to each DP vessel (each 

operating individually in designated 

shifts to accommodate adequate rest 

schedules). Their exclusive 

responsibility is to watch for marine 

mammals and to alert the construction 

crew supervisor if marine mammals are 

visually detected within the most 

conservatively estimated ZOI, within 2 

mi (3.31 km) of the DP vessel, to allow 

for mitigating responses. MMOs will 

maintain logs at all times while on 

watch. All personnel will have 

experience in marine mammal detection 

and observation during marine 

construction. MMOs will maintain in 

situ records while on watch and 

therefore visual observation will not be 

affected. Additional MMOs may be 

assigned to additional vessels if autodetection buoy (AB) data shows sound 

levels from additional vessels in excess 

of 120 dB re 1 microPa, further than 100 

m (328 ft) from the vessel. 

Each MMO will scan the area 

surrounding the construction vessel s 

for visual signs of non-vocalizing 

whales that may enter the construction 

area. Observations will take place from 

the highest available vantage point on 

the vessels. General 360 scanning will 

occur during the monitoring periods, 

and target scanning by the observer will 

occur when alerted of a whale presence. 

Searching will take place at all hours 

of the day. Night-time observations will 

be conducted with the aid of a nightvision scope where practical. Observers, 

using binoculars, will estimate distances 

to marine mammals either visually or by 

using reticled binoculars. If higher 

vantage points (>25 ft or 7.6 m) are 

available, distances can be measured 

using inclinometers. Position data will 

be recorded using hand-held or vessel 

global positioning system (GPS) units 

for each sighting, vessel position 

change, and any environmental change. 

Environmental data to be collected 

will include Beaufort sea state, wind 

speed, wind direction, ambient 

temperature, precipitation, glare, and 

percent cloud cover. Wind and 

temperature data will be extracted from 

onboard meteorological stations (when 

available). Animal data to be collected 

includes number, species, position, 

distance, behavior, direction of 

movement, and apparent reaction to 

construction activity. All data will be 

entered at the time of observation. Notes 

of activities will be kept and a daily 

report will be prepared and attached to 

the daily field form. 

Distance and Noise Level for Cut-Off 

For all whales near DP vessels, the 

MMO observation will be the principal 

detection tool available. If a North 

Atlantic right whale or other marine 

mammal is seen within the 2 mi (3.31 

km) ZOI of a DP vessel or other 

construction vessel that has been shown 

to emit noises in excess of 120 dB re 1 

microPa, then the MMO will alert the 

construction crew to minimize the use 

of thrusters until the animal has moved 

away unless there are divers in the 

water or an ROV is deployed. 

During Algonquin Pipeline Lateral 

O&M, the following procedures would 

be followed upon detection of a marine 

mammal within 0.5 mi (0.8 km) of the 

repair vessels: 

(1) The vessel superintendent or ondeck supervisor will be notified 

immediately. The vessel’s crew will be 

put on a heightened state of alert. The 

marine mammal will be monitored 

constantly to determine if it is moving 

toward the Pipeline Lateral repair area. 

The observer is required to report all 

North Atlantic right whale sightings to 

NMFS, as soon as possible. 

(2) If a marine mammal other than a 

right whale is sighted within or 

approaching at a distance of 100 yd (91 

m), or if a right whale is sighted within 

or approaching to a distance of 500 yd 

(457 m) from the operating construction 

vessel and the nature of the repair 

activity at the time would not 

compromise either the health and safety 

of divers on the bottom or the integrity 

of the pipeline, construction vessel(s) 

will cease any movement and cease all 

activities that emit sounds reaching a 

received level of 120 dB re 1 microPa or 

higher as soon as practicable. The backcalculated source level, based on the 

most conservative cylindrical model of 

acoustic energy spreading, is estimated 

to be 139 dB re 1 microPa. Vessels 

transiting the repair area will also be 

required to maintain these separation 

distances. 

(3) Repair work may resume after the 

marine mammal is positively 

reconfirmed outside the established 

zones (either 500 yd (457 m) or 100 yd 

(91 m), depending upon species). 

Vessel Strike Avoidance 

(1) All LNGRVs approaching or 

departing the port will comply with the 

Mandatory Ship Reporting (MSR) 

system to keep apprised of right whale 

sightings in the vicinity. Vessel 

operators will also receive active 

detections from an existing passive 

acoustic array prior to and during transit 

through the northern leg of the Boston 

TSS where the buoys are installed. 

(2) In response to active right whale 

sightings (detected acoustically or 

reported through other means such as 

the MSR or Sighting Advisory System 

(SAS)), and taking into account safety 

and weather conditions, LNGRVs will 

take appropriate actions to minimize the 

risk of striking whales, including 

reducing speed to 10 knots or less and 

alerting personnel responsible for 

navigation and lookout duties to 

concentrate their efforts. 

(3) LNGRVs will maintain speeds of 

12 knots or less while in the TSS until 

reaching the vicinity of the buoys 

(except during the seasons and areas 

defined below, when speed will be 

limited to 10 knots or less). At 1.86 mi 

(3 km) from the NEG port, speed will be 

reduced to 3 knots, and to less than 1 

knot at 1,640 ft (500 m) from the buoy. 

(4) LNGRVs will reduce transit speed 

to 10 knots or less over ground from 

March 1 - April 30 in all waters 

bounded by straight lines connecting 

the following points in the order stated 

below. This area is known as the Off 

Race Point Seasonal Management Area 

(SMA) and tracks NMFS regulations at 

50 CFR 224.105: 

42°30’00.0’’ N –069° 45’00.0’’ W; 

thence to 42° 30’00.0’’ N 070 30’00.0′′ 

W; thence to 42° 12’00.0′′ N–070° 

30’00.0′′ W; thence to 42° 12’00.0′′ N– 

070° 12’00.0′′ W; thence to 42° 04’56.5′′ 

N–070 ° 12’00.0′′ W; thence along 

charted mean high water line and 

inshore limits of COLREGS limit to a 

latitude of 41° 40’00.0′′ N; thence due 

east to 41° 41’00.0′′ N–069° 45’00.0’’ W; 

thence back to starting point. 

(5) LNGRVs will reduce transit speed 

to 10 knots or less over ground from 

April 1 - July 31 in all waters bounded 

by straight lines connecting the 

following points in the order stated 

below. This area is also known as the 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9809 

Great South Channel SMA and tracks 

NMFS regulations at 50 CFR 224.105: 

42°30’00.0′′ N 69°45’00.0′′ W 

41°40’00.0′′ N 69°45’00.0′′ W 

41°00’00.0′′ N 69°05’00.0Prime; W 

42°09’00.0′′ N 67°08’24.0′′ W 

42°30’00.0′′ N 67°27’00.0′′ W 

42°30’00.0′′ N 69°45’00.0′′ W 

(6) LNGRVs are not expected to transit 

Cape Cod Bay. However, in the event 

transit through Cape Cod Bay is 

required, LNGRVs will reduce transit 

speed to 10 knots or less over ground 

from January 1 - May 15 in all waters 

in Cape Cod Bay, extending to all 

shorelines of Cape Cod Bay, with a 

northern boundary of 42°12’00.0′′ N 

latitude. 

(7) A vessel may operate at a speed 

necessary to maintain safe maneuvering 

speed instead of the required ten knots 

only if justified because the vessel is in 

an area where oceanographic, 

hydrographic and/or meteorological 

conditions severely restrict the 

maneuverability of the vessel and the 

need to operate at such speed is 

confirmed by the pilot on board or, 

when a vessel is not carrying a pilot, the 

master of the vessel. If a deviation from 

the ten-knot speed limit is necessary, 

the reasons for the deviation, the speed 

at which the vessel is operated, the 

latitude and longitude of the area, and 

the time and duration of such deviation 

shall be entered into the logbook of the 

vessel. The master of the vessel shall 

attest to the accuracy of the logbook 

entry by signing and dating it. 

Research Passive Acoustic Monitoring 

(PAM) Program 

Northeast Gateway shall monitor the 

noise environment in Massachusetts 

Bay in the vicinity of the NEG Port and 

Algonquin Pipeline Lateral using an 

array of 19 Marine Autonomous 

Recording Units (MARUs) that were 

deployed initially in April 2007 to 

collect data during the preconstruction 

and active construction phases of the 

NEG Port and Algonquin Pipeline 

Lateral. A description of the MARUs can 

be found in Appendix A of the NEG 

application. These 19 MARUs will 

remain in the same configuration during 

full operation of the NEG Port and 

Algonquin Pipeline Lateral. The MARUs 

collect archival noise data and are not 

designed to provide real-time or nearreal-time information about vocalizing 

whales. Rather, the acoustic data 

collected by the MARUs shall be 

analyzed to document the seasonal 

occurrences and overall distributions of 

whales (primarily fin, humpback, and 

right whales) within approximately 10 

nautical miles of the NEG Port, and 

shall measure and document the noise 

‘‘budget’’ of Massachusetts Bay so as to 

eventually assist in determining 

whether an overall increase in noise in 

the Bay associated with the NEG Port 

and Algonquin Pipeline Lateral might 

be having a potentially negative impact 

on marine mammals. The overall intent 

of this system is to provide better 

information for both regulators and the 

general public regarding the acoustic 

footprint associated with long-term 

operation of the NEG Port and 

Algonquin Pipeline Lateral in 

Massachusetts Bay, and the distribution 

of vocalizing marine mammals during 

NEG Port and Algonquin Pipeline 

Lateral O&M activities (analyzed to 

assess impacts of former on latter). In 

addition to the 19 MARUs, Northeast 

Gateway will deploy 10 ABs within the 

TSS for the operational life of the NEG 

Port and Algonquin Pipeline Lateral. A 

description of the ABs is provided in 

Appendix A of this NEG and 

Algonquin’s application. The purpose of 

the ABs shall be to detect a calling 

North Atlantic right whale an average of 

5 nm (9.26 km) from each AB (detection 

ranges will vary based on ambient 

underwater conditions). The AB system 

shall be the primary detection 

mechanism that alerts the LNGRV 

Master and/or Algonquin Pipeline 

support vessel captains to the 

occurrence of right whales, heightens 

LNGRV or pipeline support vessel 

awareness, and triggers necessary 

mitigation actions as described in the 

Marine Mammal Detection, Monitoring, 

and Response Plan included as 

Appendix A of the NEG application. 

Northeast Gateway has engaged 

representatives from Cornell 

University’s Bioacoustics Research 

Program (BRP) and the Woods Hole 

Oceanographic Institution (WHOI) as 

the consultants for developing, 

implementing, collecting, and analyzing 

the acoustic data; reporting; and 

maintaining the acoustic monitoring 

system. 

Further information detailing the 

deployment and operation of arrays of 

19 passive seafloor acoustic recording 

units (MARUs) centered on the terminal 

site and the 10 ABs that are to be placed 

at approximately 5–m (8.0–km) intervals 

within the recently modified TSS can be 

found in the Marine Mammal Detection, 

Monitoring, and Response Plan 

included as Appendix A of the NEG 

application. 

Reporting 

The Project area is within the 

Mandatory Ship Reporting Area 

(MSRA), so all vessels entering and 

exiting the MSRA will report their 

activities to WHALESNORTH. During 

all phases of the Northeast Gateway 

LNG Port operations and the Algonquin 

Pipeline Lateral O&M activities, 

sightings of any injured or dead marine 

mammals will be reported immediately 

to the USCG or NMFS, regardless of 

whether the injury or death is caused by 

project activities. 

An annual report on marine mammal 

monitoring and mitigation would be 

submitted to NMFS Office of Protected 

Resources and NMFS Northeast 

Regional Office within 90 days after the 

expiration of an LOA. The annual report 

shall include data collected for each 

distinct marine mammal species 

observed in the project area in the 

Massachusetts Bay during the period of 

LNG facility operation. Description of 

marine mammal behavior, overall 

numbers of individuals observed, 

frequency of observation, and any 

behavioral changes and the context of 

the changes relative to operation 

activities shall also be included in the 

annual report. 

ESA 

On February 5, 2007, NMFS 

concluded consultation with MARAD 

and the USCG, under section 7 of the 

ESA, on the proposed construction and 

operation of the Northeast Gateway LNG 

facility and issued a biological opinion. 

The finding of that consultation was 

that the construction and operation of 

the Northeast Gateway LNG terminal 

may adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales and 

Kemp’s ridley, loggerhead, green or 

leatherback sea turtles. An incidental 

take statement (ITS) was issued 

following NMFS’ issuance of the IHA. 

On November 15, 2007, Northeast 

Gateway and Algonquin submitted a 

letter to NMFS requesting an extension 

for the LNG Port construction into 

December 2007. Upon reviewing 

Northeast Gateway’s weekly marine 

mammal monitoring reports submitted 

under the previous IHA, NMFS 

recognized that the potential take of 

some marine mammals resulting from 

the LNG Port and Pipeline Lateral by 

Level B behavioral harassment likely 

had exceeded the original take 

estimates. Therefore, NMFS Northeast 

Region (NER) reinitiated consultation 

with MARAD and USCG on the 

construction and operation of the 

Northeast Gateway LNG facility. On 

November 30, 2007, NMFS NER issued 

a revised biological opinion, reflecting 

the revised construction time period 

and including a revised ITS. This 

revised biological opinion concluded 

mstockstill on PROD1PC66 with NOTICES

9810 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

that the construction and operation of 

the Northeast Gateway LNG terminal 

may adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales. 

Currently, NMFS is consulting with 

NMFS NER on to determine whether the 

modified activities with the inclusion of 

Algonquin Pipeline Lateral O&M 

activities would have any adverse 

impact to listed species. 

NEPA 

MARAD and the USCG released a 

Final EIS/Environmental Impact Report 

(EIR) for the proposed Northeast 

Gateway Port and Pipeline Lateral. A 

notice of availability was published by 

MARAD on October 26, 2006 (71 FR 

62657). The Final EIS/EIR provides 

detailed information on the proposed 

project facilities, construction methods 

and analysis of potential impacts on 

marine mammal. 

NMFS was a cooperating agency (as 

defined by the Council on 

Environmental Quality (40 CFR 1501.6)) 

in the preparation of the Draft and Final 

EISs. NMFS has reviewed the Final EIS 

and has adopted it. Therefore, the 

preparation of another EIS or EA is not 

warranted. 

Preliminary Determinations 

NMFS has preliminarily determined 

that the impact of operation of the 

Northeast Gateway LNG Port facility 

and the Algonquin Pipeline Lateral 

O&M activities may result, at worst, in 

a temporary modification in behavior of 

small numbers of certain species of 

marine mammals that may be in close 

proximity to the Northeast Gateway 

LNG facility and associated pipeline 

during its operation, maintenance, and 

repair. These activities are expected to 

result in some local short-term 

displacement and will have no more 

than a negligible impact on the affected 

species or stocks of marine mammals. 

This preliminary determination is 

supported by proposed mitigation, 

monitoring, and reporting measures 

described in this document on this 

action. 

As a result of the described proposed 

mitigation and monitoring measures, no 

take by injury or death would be 

requested, anticipated or authorized, 

and the potential for temporary or 

permanent hearing impairment is very 

unlikely due to the relatively low noise 

levels (and consequently small zone of 

impact). 

While the number of marine 

mammals that may be harassed will 

depend on the distribution and 

abundance of marine mammals in the 

vicinity of the LNG Port facility and the 

Pipeline Lateral, the estimated numbers 

of marine mammals to be harassed is 

small relative to the affected species or 

stock sizes. Please see Estimate of Take 

by Harassment section below for the 

calculation of these take numbers. 

Proposed Authorization 

NMFS proposes to issue an IHA to 

Northeast Gateway and Algonquin for 

conducting LNG Port facility and 

Pipeline Lateral operations and 

maintenance in Massachusetts Bay, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Information Solicited 

NMFS requests interested persons to 

submit comments and information 

concerning this proposed IHA and 

Northeast Gateway and Algonquin’s 

application for incidental take 

regulations (see ADDRESSES). NMFS 

requests interested persons to submit 

comments, information, and suggestions 

concerning both the request and the 

structure and content of future 

regulations to allow this taking. NMFS 

will consider this information in 

developing proposed regulations to 

govern the taking. 

Dated: February 26, 2009. 

James H Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–4799 Filed 3–5–09; 8:45 am] 

BILLING CODE 3510–22–S 

COMMISSION OF FINE ARTS 

Notice of Meeting 

Established By Congress 17 May 1910: 

National Building Museum, 401 F 

Street, NW., Suite 312, Washington, DC 

20001–2728, 202–504–2200, 202–504– 

2195 fax. 

BAC: 6330–01. 

Commission of Fine Arts 

The next meeting of the U.S. 

Commission of Fine Arts is scheduled 

for 19 March 2009, at 10 a.m. in the 

Commission offices at the National 

Building Museum, Suite 312, Judiciary 

Square, 401 F Street, NW., Washington 

DC, 2000 1–2728. Items of discussion 

may include buildings, parks and 

memorials. 

Draft agendas and additional 

information regarding the Commission 

are available on our Web site: http:// 

www.cfa.gov. Inquiries regarding the 

agenda and requests to submit written 

or oral statements should be addressed 

to Thomas Luebke, Secretary, U.S. 

Commission of Fine Arts, at the above 

address or call 202–504–2200. 

Individuals requiring sign language 

interpretation for the hearing impaired 

should contact the Secretary at least 10 

days before the meeting date. 

Dated: February 23, 2009 in Washington, 

DC. 

Thomas Luebke, 

Secretary. 

[FR Doc. E9–4578 Filed 3–5–09; 8:45 am] 

BILLING CODE 6330–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Meeting of the Defense Department 

Advisory Committee on Women in the 

Services (DACOWITS) 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 10(a), 

Public Law 92–463, as amended, notice 

is hereby given of a forthcoming 

meeting of the Defense Department 

Advisory Committee on Women in the 

Services (DACOWITS). The purpose of 

the Committee meeting is to receive 

briefings and hear panels on women’s 

roles in deployment, review 2009 

topics, and develop protocols. The 

meeting is open to the public, subject to 

the availability of space. 

DATES: March 23–24, 2009, 8:30 a.m.–5 

p.m. 

ADDRESSES: Double Tree Hotel Crystal 

City National Airport, 300 Army Navy 

Drive, Arlington, VA 22202. 

FOR FURTHER INFORMATION CONTACT: 

MSgt Robert Bowling, USAF, 

DACOWITS, 4000 Defense Pentagon, 

Room 2C548A, Washington, DC 20301– 

4000. Robert.bowling@osd.mil; 

Telephone (703) 697–2122; Fax (703) 

614–6233. 

SUPPLEMENTARY INFORMATION: 

Meeting Agenda 

Monday, March 23, 2009 8:30 a.m.– 

5 p.m. 

—Welcome and announcements 

—Women’s roles in deployment panels 

—Briefings 

—Public Forum 

Tuesday, March 24, 2009 8:30 a.m.– 

5 p.m. 

—Review research questions 

—Develop Protocol questions 

—Discuss 2009 topics and schedule 

Interested persons may submit a 

written statement for consideration by 

mstockstill on PROD1PC66 with NOTICES