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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95186-95187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28215]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE341]

Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Maryland Offshore Wind Project 
Offshore of Maryland

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to US Wind, Inc. 
(US Wind), for the taking of marine mammals incidental to the 
construction of the Maryland Offshore Wind Project (hereafter known as 
the ``Project'').

DATES: The LOA is effective from January 1, 2025 through December 31, 
2029.

ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems 
accessing these documents, please call the contact listed below (see 
FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected 
Resources, NMFS, (301) 427-8401.

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, regulations are 
promulgated (when applicable), and public notice and an opportunity for 
public comment are provided.
    An 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). If such findings are made, NMFS must prescribe the 
permissible methods of taking; ``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 as ``mitigation''); and requirements pertaining to the monitoring 
and reporting of such takings. The MMPA defines ``take'' to mean 
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or 
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A 
harassment is defined as any act of pursuit, torment, or annoyance 
which has the potential to injure a marine mammal or marine mammal 
stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3). Level A 
harassment is defined as any act of

[[Page 95187]]

pursuit, torment, or annoyance which has the potential to injure a 
marine mammal or marine mammal stock in the wild (16 U.S.C. 1362(18); 
50 CFR 216.3). Level B harassment is defined as any act of pursuit, 
torment, or annoyance which 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 (16 U.S.C. 
1362(18); 50 CFR 216.3). Section 101(a)(5)(A) of the MMPA and the 
implementing regulations at 50 CFR part 216, subpart I authorize NMFS 
to propose and, if appropriate, promulgate regulations and issue 
associated LOA(s). NMFS promulgated regulations on October 23, 2024 (89 
FR 84676) for the taking of marine mammals incidental to the 
construction of the Maryland Offshore Wind Project offshore of 
Maryland. The LOA authorizes US Wind, and those persons it authorizes 
or funds to conduct activities on its behalf, to take marine mammals 
incidental to specified activities during the construction of the 
Project and requires them to implement mitigation, monitoring, and 
reporting requirements.

Summary of Request

    On October 23, 2024, NMFS promulgated a final rule (89 FR 84674) 
responding to a request from US Wind for authorization to take marine 
mammals (19 species comprising 20 stocks) by Level B harassment (all 20 
stocks) and by Level A harassment (5 stocks of the 20 stocks) 
incidental to construction activities occurring in Federal and State 
waters off of Maryland, specifically within and around the Bureau of 
Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf (OCS) Lease 
Area OCS-A 0490 (collectively, ``Lease Area'') and along two export 
cable routes to sea-to-shore transition points (collectively referred 
to as the ``Project Area''), over the course of 5 years (January 1, 
2025 through December 31, 2029). The final rule included the following 
specified activities: the installation of up to 114 wind turbine 
generators (WTGs) on monopile foundations using impact pile driving; 
the installation of 4 offshore substations (OSSs) on jacket foundations 
consisting of post-piled pin piles using impact pile driving; the 
installation of one meteorological tower (Met Tower) on pin piles using 
impact pile driving; installation and subsequent removal of gravity 
cells to connect the offshore export cables to onshore facilities 
within Delaware Seashore State Park; high-resolution geophysical (HRG) 
marine site characterization surveys using active acoustic sources; 
fishery and ecological monitoring surveys; the placement of scour 
protection; the installation of the export cable routes from OSSs to 
shore-based converter stations and inter-array cables between turbines 
by trenching, laying, and burial activities; vessel transit within the 
specified geographical region to transport crew, supplies, and 
materials; and WTG operation.
    Marine mammals exposed to elevated noise levels during foundation 
impact pile driving may be taken by Level A harassment, and marine 
mammals exposed to elevated noise levels during impact pile driving and 
HRG site characterization surveys may be taken by Level B harassment. 
No mortality or serious injury of any marine mammal is anticipated or 
authorized. The number of takes, by species, authorized may be found in 
table 1 in the LOA, which is available at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Authorization

    In accordance with the final rule (89 FR 84674, October 23, 2024; 
see 50 CFR 217.306), NMFS has issued a LOA to US Wind authorizing the 
take, by harassment, of marine mammals incidental to specified 
activities within the specified geographical region. As previously 
stated, no mortality or serious injury of any marine mammal species is 
anticipated or authorized. The incidental takes authorized herein are 
the same as those analyzed and authorized in the final rule (89 FR 
84674, October 23, 2024). Takes of marine mammals will be minimized 
through the following planned mitigation and monitoring measures, as 
applicable for each specified activity: (1) implementation of seasonal 
pile driving work restrictions; (2) use of multiple NMFS-approved 
Protected Species Observers (PSOs) to visually observe for marine 
mammals (with any detection within specifically designated zones 
triggering a delay or shutdown, as applicable); (3) use of NMFS-
approved passive acoustic monitoring (PAM) operators to acoustically 
detect marine mammals, with a focus on detecting baleen whales (with 
any detection within designated zones triggering a delay or shutdown, 
as applicable); (4) implementation of clearance and shutdown zones; (5) 
use of soft-start upon commencement of impact pile driving and ramp-up 
of acoustic sources during HRG surveys; (6) use of noise attenuation 
technology during foundation pile driving; (7) use of situational 
awareness monitoring for marine mammal presence; (8) use of sound field 
verification monitoring; (9) use of PAM within the vessel transit 
corridor for Project vessels to travel over 10 knots (11.5 miles per 
hour); and (10) implementation of several vessel strike avoidance 
measures to avoid vessel strikes, including but not limited to, vessel 
separation zones between marine mammals and project vessels. 
Additionally, NMFS may modify the LOA's mitigation, monitoring, or 
reporting measures, based on new information. US Wind is also required 
to submit reports, as specified in the final rule.
    Based on the findings discussed in the preamble of the final rule, 
NMFS has determined that the take authorized in the LOA is of small 
numbers, will have a negligible impact on marine mammal stocks, will 
not have an unmitigable adverse impact on the availability of the 
affected marine mammal stock for subsistence uses, and the mitigation 
measures provide a means of affecting the least practicable adverse 
impact on the affected stocks and their habitat.

    Dated: November 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-28215 Filed 11-29-24; 8:45 am]
BILLING CODE 3510-22-P
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