21098 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

Dated: April 6, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–07695 Filed 4–8–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB898] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Offshore of 

New Jersey 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed Renewal incidental 

harassment authorization (IHA). 

SUMMARY: NMFS received a request from 

Ocean Wind LLC (Ocean Wind) for the 

Renewal of their currently active 

incidental harassment authorization 

(IHA) to take marine mammals 

incidental to marine site 

characterization survey activities off the 

coast of New Jersey in the areas of the 

Bureau of Ocean Energy Management 

(BOEM) Commercial Lease of 

Submerged Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (OCS)–A 0498 (Lease Area) and 

federal and state waters along potential 

export cable routes (ECRs) to landfall 

locations between Raritan Bay (part of 

the New York Bight) and Delaware Bay. 

These activities are identical to those 

covered in the current authorization, 

which expires on May 9, 2022. Pursuant 

to the Marine Mammal Protection Act, 

prior to issuing the currently active IHA, 

NMFS requested comments on both the 

proposed IHA and the potential for 

renewing the initial authorization if 

certain requirements were satisfied. The 

Renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed Renewal not previously 

provided during the initial 30-day 

comment period. 

DATES: Comments and information must 

be received no later than April 26, 2022. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service and should be 

submitted via email to ITP.Harlacher@

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. Attachments to 

comments will be accepted in Microsoft 

Word or Excel or Adobe PDF file 

formats only. All comments received are 

a part of the public record and will 

generally be posted online at https://

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: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the original 

application, Renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), 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 Marine Mammal Protection Act 

(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, an incidental 

harassment authorization is issued. 

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 such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

one year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization (86 FR 17783; April 06, 

2021), NMFS described the 

circumstances under which we would 

consider issuing a Renewal for this 

activity, and requested public comment 

on a potential Renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 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, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of this 

notice would not be completed by the 

time the initial IHA expires and a 

Renewal would allow for completion of 

the activities beyond that described in 

the DATES section of the notice of 

issuance of the initial IHA, provided all 

of the following conditions are met: 

1. 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). 

2. The request for renewal must 

include the following: 

• 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). 


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• 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. 

3. 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. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

Renewal. A description of the Renewal 

process may be found on our website at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

Any comments received on the potential 

Renewal, along with relevant comments 

on the initial IHA, have been considered 

in the development of this proposed 

IHA Renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested Renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

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 

incidental harassment authorization) 

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 we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS has 

preliminarily determined that the 

issuance of the proposed IHA Renewal 

qualifies to be categorically excluded 

from further NEPA review. 

We will review all comments 

submitted in response to this notice 

prior to concluding our NEPA process 

or making a final decision on the IHA 

Renewal request. 

History of Request 

On May 10, 2021, NMFS issued an 

IHA to Ocean Wind to take marine 

mammals incidental to marine site 

characterization survey activities off the 

coast of New Jersey in the areas of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS–A 

0498) and along potential submarine 

cable routes to landfall locations in New 

Jersey (86 FR 6465), effective from May 

10, 2021 through May 09, 2022. On 

February 18, 2022, NMFS received an 

application for the Renewal of that 

initial IHA. As described in the 

application for Renewal IHA, the 

activities for which incidental take is 

requested are identical to those covered 

in the initial authorization. As required, 

the applicant also provided a 

preliminary monitoring report (available 

at www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oceanwind-llc-marine-site-characterizationsurveys-new-jersey) which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. 

Description of the Specified Activities 

and Anticipated Impacts 

Ocean Wind proposes to conduct a 

second year of high-resolution 

geophysical (HRG) marine site 

characterization surveys in the Lease 

Area and along potential ECRs to 

landfall locations in New Jersey, 

between Raritan Bay (part of the New 

York Bight) and Delaware Bay. The 

location, timing, and nature of the 

activities, including the types of 

equipment planned for use, are identical 

to those described in the original IHA. 

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. 

Surveys are also conducted to support 

engineering design and to map 

unexploded ordnance. Underwater 

sound resulting from Ocean Wind’s site 

characterization survey activities, 

specifically HRG surveys, has the 

potential to result in incidental take of 

marine mammals in the form of Level B 

harassment. 

In their 2020 IHA application, Ocean 

Wind estimated it would conduct 

surveys at a rate of 70 kilometers (km) 

per survey day. Ocean Wind defined a 

survey day as a 24-hour activity day. 

Based on the planned 24-hours 

operations, the number of estimated 

survey days varies between the Lease 

Area and ECR area, with 142 vessel 

survey days expected in the Lease Area 

and 133 vessel survey days in the ECR 

area, with a total of 275 survey days. A 

maximum of 2 vessels would operate 

concurrently in areas where 24-hr 

operations would be conducted, with an 

additional third vessel potentially 

conducting daylight-only survey effort 

in shallow-water areas. The Renewal 

IHA would authorize harassment of 

marine mammals for a second year of 

identical survey activities to be 

completed in one year, in the same area, 

using survey methods identical to those 

described in the initial IHA application; 

therefore, the anticipated impacts on 

marine mammals and the affected stocks 

also remain the same. 

Accordingly, the amount of take 

requested for the Renewal IHA is also 

identical to that authorized in the initial 

IHA. All active acoustic sources and 

mitigation and monitoring measures 

would remain exactly as described in 

the Federal Register notices of the 

initial proposed IHA (86 FR 17783; 

April 06, 2021) and issued initial final 

IHA (86 FR 26465; May 14, 2021). 

The following documents are 

referenced in this notice and include 

important supporting information: 

• Initial final IHA (86 FR 26465; May 

14, 2021); 

• Initial proposed IHA (86 FR 17783; 

April 06, 2021); and 

• 2021 IHA application, references 

cited, and previous public comments 

received (available at 

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oceanwind-llc-marine-site-characterizationsurveys-new-jersey). 

Detailed Description of the Activity 

A detailed description of the marine 

site characterization survey activities for 

which incidental take is proposed here 

may be found in the Federal Register 

notice of the proposed IHA (86 FR 

17783; April 06, 2021) for the initial 

authorization. Ocean Wind plans to 

complete the survey activities analyzed 

in the initial IHA by the date the IHA 

expires (May 09, 2022). The surveys 

Ocean Wind proposes to conduct under 

this renewal would be a second year of 

identical surveys in the same area. The 

general location and nature of the 

activities, including the types of 

equipment planned for use, are identical 


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21100 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

to those described in the previous 

notices. The proposed Renewal IHA 

would be effective from the date of 

issuance to May 09, 2023 (one year from 

the expiration of the initial IHA). 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the Federal Register notice of 

the proposed IHA for the initial 

authorization (86 FR 17783; April 06, 

2021). NMFS has reviewed the 

preliminary monitoring data from the 

initial IHA, recent draft Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

other scientific literature. Newly 

available information is described 

below. 

The draft 2021 Stock Assessment 

Reports (SARs, available online at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/draftmarine-mammal-stock-assessmentreports) provide updated information 

for several stocks. Estimated abundance 

has increased for the U.S. population of 

gray seals (from 27,131 (CV=0.19) to 

27,300 (CV=0.22)). Abundance estimates 

have decreased for Risso’s dolphins 

(from 35,493 (CV=0.19 to 35,215 

(CV=0.19)) and harbor seals (from 

75,834 (CV=0.15) to 61,336 (CV=0.08)). 

Abundance estimates for North Atlantic 

right whales have also been updated in 

the draft 2021 SAR, which states that 

right whale abundance has decreased 

from 412 to 368 (95% CI 356–378) 

individuals (Hayes et al., 2021). 

Roberts et al. (2021) provided updated 

modeling methodology (statistical 

methods for characterizing model 

uncertainty) with updated monthly 

densities of North Atlantic right whales 

since the time of the initial IHA. This 

model also incorporated additional data 

from spring 2019 which added transect 

and sighting data. The new model 

results slightly increased density 

estimates for North Atlantic right 

whales in southern New England, but 

these results do not meaningfully 

impact the information supporting 

exposure estimation in the survey area 

here. 

NMFS has preliminarily determined 

that neither this nor any other new 

information affects which species or 

stocks have the potential to be affected 

or the pertinent information contained 

in the supporting documents for the 

initial IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which the authorization of 

take is proposed here may be found in 

the Federal Register notice for the 

proposed initial IHA (86 FR 17783; 

April 06, 2021). NMFS has reviewed the 

preliminary monitoring data from the 

ongoing survey work under the initial, 

currently active, IHA, recent draft Stock 

Assessment Reports, updates to the 

NARW density model (Roberts et al., 

2021), information on relevant Unusual 

Mortality Events, and other scientific 

literature, and determined that neither 

this nor any other new information 

affects our initial analysis of impacts on 

marine mammals and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

notices of the proposed (86 FR 17783; 

April 06, 2021) and final (86 FR 26465; 

May 14, 2021) initial IHAs. The acoustic 

source types, as well as source levels 

applicable to this renewal authorization, 

methods of take, and methodology of 

estimating take remain unchanged from 

the initial IHA. Accordingly, the stocks 

taken, type of take (i.e., Level B 

harassment only), and amount of take 

remain unchanged from what was 

previously authorized in the previously 

issued IHA. The amount of take 

proposed for authorization in this 

renewal is indicated below in Table 1. 

TABLE 1—TAKE PROPOSED FOR AUTHORIZATION AND PROPORTION OF POPULATION POTENTIALLY AFFECTED

Species Abundance 

estimate 1

Takes by 

Level B 

harassment 

% Population 

North Atlantic right whale—Eubalaena glacialis .......................................................................... 368 9 2.44 

Humpback whale—Megaptera novaeangliae .............................................................................. 1,396 2 0.14 

Fin whale—Balaenoptera physalus ............................................................................................. 6,802 6 0.09 

Sei whale—Balaenoptera borealis .............................................................................................. 6,292 1 0.02 

Minke whale—Balaenoptera acutorostrata .................................................................................. 21,968 2 0.01 

Sperm whale—Physeter macrocephalus .................................................................................... 4,349 3 0.07 

Long-finned pilot whale—Globicephala melas ............................................................................ 39,215 2 0.01 

Common bottlenose dolphin (offshore)—Tursiops truncatus ...................................................... 62,851 262 0.42 

Common bottlenose dolphin (migratory)—Tursiops truncatus .................................................... 6,639 1,410 21.24 

Short-finned pilot whale—Globicephala macrorhynchus ............................................................. 28,924 2 0.01 

Atlantic white-sided dolphin—Lagenorhynchus acutus ............................................................... 93,233 16 0.02 

Atlantic spotted dolphin—Stenella frontalis ................................................................................. 39,921 3 0.01 

Risso’s dolphin—Stenella frontalis .............................................................................................. 35,215 30 0.09 

Common dolphin—Delphinus delphis ......................................................................................... 172,974 124 0.07 

Harbor porpoise—Phocoena phocoena ...................................................................................... 95,543 91 0.10 

Harbor seal—Phoca vitulina ........................................................................................................ 61,336 11 0.02 

Gray seal—Halichoerus grypus ................................................................................................... 451,431 11 0.00 

W.N.A. = Western North Atlantic. 

1Abundance estimates have been updated from the initial IHA (86 FR 26465; May 14, 2021) using the 2021 Draft SARs (Hayes et al., 2021). 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA (86 FR 26465; 

May 14, 2021), and the discussion of the 

least practicable adverse impact 

included in that document remains 

applicable. All mitigation, monitoring 

and reporting measures in the initial 

IHA are carried over to this proposed 

Renewal IHA and summarized below. 

• Exclusion Zones (EZ): Marine 

mammal EZs would be established 

around the HRG survey equipment and 


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monitored by PSOs during marine site 

characterization surveys as follows: A 

500-m EZ for North Atlantic right 

whales during use of all acoustic 

sources, and a 100-m EZ for all other 

marine mammals during use of 

impulsive acoustic sources (e.g., 

boomers and/or sparkers). 

• Ramp-up: A ramp-up procedure 

would be used for HRG equipment 

capable of adjusting energy levels at the 

start or re-start of survey activities. 

• Shutdown of HRG Equipment: If an 

HRG source is active and a marine 

mammal is observed within or entering 

a relevant EZ (as described above), an 

immediate shutdown of the HRG survey 

equipment would be required. 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 (48 m, nonimpulsive; 141 m impulsive), shutdown 

would occur. 

• Vessel strike avoidance measures: 

Vessel strike measures include, but are 

not limited to, separation distances for 

large whales (500 m North Atlantic right 

whales, 100 m other large whales; 50 m 

other cetaceans and pinnipeds), 

restricted vessel speeds, and operational 

maneuvers. 

• Protected Species Observers (PSOs): 

A minimum of one NMFS-approved 

PSO would be on duty and conducting 

visual observations at all times during 

daylight hours (i.e., from 30 minutes 

prior to sunrise through 30 minutes 

following sunset) and two active duty 

PSOs will be on watch during all 

nighttime operations. 

• Reporting: Ocean Wind would 

submit a final technical report within 90 

days following completion of the 

surveys. In the event that Ocean Wind 

personnel discover an injured or dead 

marine mammal, Ocean Wind shall 

report the incident to the Office of 

Protected Resources (OPR), NMFS and 

to the New England/Mid-Atlantic 

Regional Stranding Coordinator through 

the NOAA Fisheries Marine Mammal 

and Sea Turtle Stranding and 

Entanglement Hotline as soon as 

feasible. In the event of a ship strike of 

a marine mammal by any vessel 

involved in the activities covered by the 

authorization, Ocean Wind shall report 

the incident immediately to OPR, NMFS 

and to the New England/Mid-Atlantic 

Regional Stranding Coordinator through 

the NOAA Fisheries Marine Mammal 

and Sea Turtle Stranding and 

Entanglement Hotline. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (86 FR 

17783; April 06, 2021) and solicited 

public comments on both our proposal 

to issue the initial IHA for marine site 

characterization surveys and on the 

potential for a Renewal IHA, should 

certain requirements be met. 

During the 30-day comment period, 

NMFS did not receive any substantive 

public comments on the proposed IHA 

(86 FR 17783; April 06, 2021). However, 

NMFS was later notified that a group of 

environmental non-governmental 

organizations (ENGOs) had submitted a 

comment letter during the comment 

period for the proposed initial IHA. 

NMFS did not receive that letter prior 

to issuance of the initial IHA due to an 

email quarantine issue. Below, we 

describe how we have addressed, with 

updated information where appropriate, 

any comments contained in that letter 

that specifically pertain to the Renewal 

of the 2021 IHA. 

Comment: The commenters objected 

to NMFS’ process to consider extending 

any 1-year IHA with a truncated 15-day 

comment period as contrary to the 

MMPA. 

Response: NMFS’ IHA Renewal 

process meets all statutory 

requirements. All IHAs issued, whether 

an initial IHA or a Renewal IHA, are 

valid for a period of not more than 1 

year. And the public has at least 30 days 

to comment on all proposed IHAs, with 

a cumulative total of 45 days for IHA 

Renewals. As noted above, the Request 

for Public Comments section in the 

initial IHA made clear that the agency 

was seeking comment on both the initial 

proposed IHA and the potential 

issuance of a Renewal for this project. 

Because any Renewal (as explained in 

the Request for Public Comments 

section in the initial IHA) is limited to 

another year of identical or nearly 

identical activities in the same location 

(as described in the Description of 

Proposed Activity section in the initial 

IHA) or the same activities that were not 

completed within the one-year period of 

the initial IHA, reviewers have the 

information needed to effectively 

comment on both the immediate 

proposed IHA and a possible 1-year 

Renewal, should the IHA holder choose 

to request one. 

While there are additional documents 

submitted with a Renewal request, for a 

qualifying Renewal these are limited to 

documentation that NMFS will make 

available and use to verify that the 

activities are identical to those in the 

initial IHA, are nearly identical such 

that the changes would have either no 

effect on impacts to marine mammals or 

decrease those impacts, or are a subset 

of activities already analyzed and 

authorized but not completed under the 

initial IHA. NMFS will also confirm, 

among other things, that the activities 

will occur in the same location; involve 

the same species and stocks; provide for 

continuation of the same mitigation, 

monitoring, and reporting requirements; 

and that no new information has been 

received that would alter the prior 

analysis. The renewal request also 

contains a preliminary monitoring 

report, but that is to verify that effects 

from the activities do not indicate 

impacts of a scale or nature not 

previously analyzed. The additional 15- 

day public comment period provides 

the public an opportunity to review 

these few documents, provide any 

additional pertinent information and 

comment on whether they think the 

criteria for a renewal have been met. 

NMFS also will provide direct notice of 

the proposed Renewal to those who 

commented on the initial IHA, to 

provide an opportunity to submit any 

additional comments. Between the 

initial 30-day comment period on these 

same activities and the additional 15 

days, the total comment period for a 

renewal is 45 days. 

In addition to the IHA Renewal 

process being consistent with all 

requirements under section 101(a)(5)(D), 

it is also consistent with Congress’s 

intent for issuance of IHAs to the extent 

reflected in statements in the legislative 

history of the MMPA. Through the 

provision for Renewals in the 

regulations, description of the process 

and express invitation to comment on 

specific potential Renewals in the 

Request for Public Comments section of 

each proposed IHA, the description of 

the process on NMFS’ website, further 

elaboration on the process through 

responses to comments such as these, 

posting of substantive documents on the 

agency’s website, and provision of 30 or 

45 days for public review and comment 

on all proposed initial IHAs and 

Renewals respectively, NMFS has 

ensured that the public ‘‘is invited and 

encouraged to participate fully in the 

agency decision-making process.’’ 

For more information, NMFS has 

published a description of the Renewal 

process on our website (available at 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals). 

Preliminary Determinations 

The survey activities proposed by 

Ocean Wind are identical to those 

analyzed in the initial IHA, including 

the planned number of days and general 


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location of activity (i.e., OCS–A 0498 

and OCS–A 0532), as are the method of 

taking and the effects of the action. 

Therefore, the amount of take proposed 

for authorization is unchanged from that 

authorized in the initial IHA. The 

potential effects of Ocean Wind’s 

activities remain limited to Level B 

harassment in the form of behavioral 

disturbance. No serious injury or 

mortality of marine mammal is 

anticipated. In analyzing the effects of 

the activities in the initial IHA, NMFS 

determined that Ocean Wind’s activities 

would have a negligible impact on the 

affected species or stocks and that the 

authorized take numbers of each species 

or stock were small relative to the 

relevant stocks (e.g., less than one-third 

of the abundance of all stocks). The 

proposed mitigation measures and 

monitoring and reporting requirements 

as described above are identical to the 

initial IHA. 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has preliminarily determined the 

following: (1) The proposed mitigation 

measures will affect the least practicable 

impact on marine mammal species or 

stocks and their habitat; (2) the 

proposed authorized takes will have a 

negligible impact on the affected marine 

mammal species or stocks; (3) the 

proposed authorized takes represent 

small numbers of marine mammals 

relative to the affected stock 

abundances; (4) Ocean Wind activities 

would not have an unmitigable adverse 

impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action, and; (5) appropriate 

monitoring and reporting requirements 

are proposed for inclusion. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.) requires that each Federal agency 

insure that any action it authorizes, 

funds, or carries out is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

result in the destruction or adverse 

modification of designated critical 

habitat. To ensure ESA compliance for 

the issuance of IHAs, NMFS consults 

internally, in this case with the NMFS 

Greater Atlantic Regional Fisheries 

Office (GARFO), whenever we propose 

to authorize take for endangered or 

threatened species. 

The NMFS Office of Protected 

Resources is proposing to authorize the 

incidental take of four species of marine 

mammals that are listed under the ESA: 

The North Atlantic right, fin, sei and 

sperm whales. We requested initiation 

of consultation under Section 7 of the 

ESA with NMFS GARFO on February 

04, 2021, for the issuance of the initial 

IHA. NMFS GARFO determined that 

issuance of the IHA to Ocean Wind is 

not likely to adversely affect the North 

Atlantic right, fin, sei, and sperm whale 

or the critical habitat of any ESA-listed 

species or result in the take of any 

marine mammals in violation of the 

ESA, and at this time considered the 

potential for a renewal. The proposed 

Renewal IHA provides no new 

information about the effects of the 

action, nor does it change the extent of 

effects of the action, or any other basis 

to require re-initiation of the Opinion; 

therefore, the incidental take statement 

issued for the initial IHA remains valid. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a Renewal IHA to Ocean Wind for 

conducting marine site characterization 

surveys offshore of New Jersey and 

along potential submarine cable routes 

to a landfall location in New Jersey, 

provided the previously described 

mitigation, monitoring, and reporting 

requirements are incorporated. A draft 

of the proposed and final initial IHA can 

be found at www.fisheries.noaa.gov/ 

permit/incidental-take-authorizationsunder-marine-mammal-protection-act. 

We request comment on our analyses, 

the proposed Renewal IHA, and any 

other aspect of this Notice. Please 

include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for MMPA authorization. 

Dated: April 6, 2022. 

Angela Somma, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–07715 Filed 4–8–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB881] 

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 Data 

Workshop for Gulf of Mexico Red 

Snapper. 

SUMMARY: The SEDAR 74 assessment 

process of Gulf of Mexico red snapper 

will consist of a Data Workshop, and a 

series of assessment webinars, and a 

Review Workshop. See SUPPLEMENTARY

INFORMATION. 

DATES: The SEDAR 74 Data Workshop 

will be held from 1 p.m. on May 2, 

2022, until 1 p.m. on May 6, 2022. The 

established times may be adjusted as 

necessary to accommodate the timely 

completion of discussion relevant to the 

assessment process. Such adjustments 

may result in the meeting being 

extended from or completed prior to the 

time established by this notice. 

ADDRESSES: 

Meeting address: The SEDAR 74 Data 

Workshop will be held at the Courtyard 

Gulfport Beachfront, 1600 E. Beach 

Blvd., Gulfport, MS 39501; phone: (228) 

858–6652. 

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/ 

Assessment Workshop, and (2) a series 

of webinars. The product of the Data/ 

Assessment Workshop is a report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses, and describes the fisheries, 

evaluates the status of the stock, 

estimates biological benchmarks, 

projects future population conditions, 

and recommends research and 

monitoring needs. 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 


lotter on DSK11XQN23PROD with NOTICES1