Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices 30435 

2021) omitted the DATES section 

including the closing date of the 

comment period. 

Correction 

In the Federal Register of May 20, 

2021, in FR Doc. 2021–10551, on page 

27394, in the first column, correct the 

DATES section to read as follows: 

DATES: Comments and information must 

be received no later than June 21, 

2021. 

The closing date for public comments 

regarding the notice of modified 

proposed IHA published on May 20, 

2021 (86 FR 27393) in the Federal 

Register is June 21, 2021. 

Dated: June 2, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–11910 Filed 6–7–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB067] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Offshore of 

Massachusetts, Rhode Island, 

Connecticut, and New York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

Vineyard Wind, LLC (Vineyard 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 Massachusetts in the areas of 

the Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (OCS–A 0501 and OCS–A 0522) 

and along potential submarine cable 

routes to landfall locations in 

Massachusetts, Rhode Island, 

Connecticut, and New York. These 

activities consist of activities that are 

covered by the current authorization but 

will not be completed prior to its 

expiration. Pursuant to the Marine 

Mammal Protection Act (MMPA), 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 June 23, 2021. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 

comments should be submitted via 

email to ITP.tyson.moore@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

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: 

Reny Tyson Moore, 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 proposed or, if the taking 

is limited to harassment, a notice of a 

proposed incidental take authorization 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of 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, 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, 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 Detailed Description of 

Specified Activities section of the initial 

IHA issuance 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 


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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). 

• 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 with respect to 

environmental consequences on the 

human environment. 

This action is consistent with 

categories of activities identified in CE 

B4 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 06, 2020, NMFS issued an 

IHA to Vineyard Wind to take marine 

mammals incidental to marine site 

characterization survey activities off the 

coast of Massachusetts in the areas of 

the Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (OCS–A 0501 and OCS–A 0522) 

and along potential submarine cable 

routes to landfall locations in 

Massachusetts, Rhode Island, 

Connecticut, and New York (85 FR 

26940), effective from June 01, 2020 

through May 31, 2021. This IHA was reissued on July 14, 2020 with the only 

change being a change in effective dates 

from June 21, 2020 through June 20, 

2021 (85 FR 42357). On March 25, 2021, 

NMFS received a request for a Renewal 

of the re-issued IHA. As described in the 

request for Renewal IHA, the activities 

for which incidental take is requested 

consist of activities that are covered by 

the initial authorization but will not be 

completed prior to its expiration. As 

required, the applicant also provided a 

preliminary monitoring report (available 

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

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

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 

Vineyard Wind plans to conduct highresolution geophysical (HRG) surveys in 

support of offshore wind development 

projects in the areas of Commercial 

Lease of Submerged Lands for 

Renewable Energy Development on the 

Outer Continental Shelf (#OCS–A 0501 

and #OCS–A 0522) (Lease Areas) and 

along potential submarine cable routes 

to landfall locations in Massachusetts, 

Rhode Island, Connecticut, and New 

York. The purpose of the marine site 

characterization surveys is to obtain a 

baseline assessment of seabed/subsurface soil conditions in the Lease Area 

and cable route corridors to support the 

siting of potential future offshore wind 

projects. Underwater sound resulting 

from Vineyard Wind’s planned site 

characterization surveys has the 

potential to result in incidental take of 

14 marine mammal species in the form 

of Level B behavioral harassment. 

Vineyard Wind requested a Renewal of 

the initial IHA that was re-issued by 

NMFS in July 2020 on the basis that the 

activities as described in the Specified 

Activities section of the initial IHA 

would not be completed by the time the 

IHA expires and a Renewal would allow 

for completion of the activities beyond 

that described in the Dates and Duration 

section of the initial IHA. 

In their 2020 IHA application, 

Vineyard Wind estimated that it would 

take a year to complete the HRG 

surveys. This schedule was based on 24- 

hour operations and included potential 

down time due to inclement weather. 

With up to eight survey vessels 

operating concurrently, a maximum of 

736 vessel days were anticipated. Each 

vessel would maintain a speed of 

approximately 3.5 knots (kn; 6.5 

kilometers [km]/hour) while transiting 

survey lines and each vessel would 

cover approximately 100 km per day. 

However, during the 2020–2021 survey 

season, Vineyard Wind completed only 

184 vessel days of the 736 vessel days 

estimated to complete the work and 

only surveyed approximately 25 percent 

of the planned survey routes. Vineyard 

Wind predicts that a maximum of 552 

vessel days, with up to eight survey 

vessels operating concurrently, over 181 

days will be required to survey the 

remaining routes, estimated to be 

approximately 55,200 km. The Renewal 

IHA would authorize harassment of 

marine mammals for this remaining 

survey distance using survey methods 

identical to those described in the initial 

IHA application; therefore, the 

anticipated effects on marine mammals 

and the affected stocks also remain the 

same. All active acoustic sources and 

mitigation and monitoring measures 

would remain as described in the 

Federal Register notices of the proposed 

IHA (85 FR 7952, February 12, 2020) 

and issued IHA (85 FR 26940, May 06, 

2020). The amount of take requested for 

the Renewal IHA reflects the amount of 

remaining work in consideration of 

marine mammal monitoring data from 

the 2020 survey season resulting in 


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equal or less take than that authorized 

in the initial IHA. 

Detailed Description of the Activity 

A detailed description of the HRG 

activities for which take is proposed 

here may be found in the Federal 

Register notices of the proposed IHA (85 

FR 7952, February 12, 2020), issued IHA 

(85 FR 26940, May 06, 2020), and 

reissued IHA (85 FR 42357, July 14, 

2020) for the initial authorization. As 

described above, Vineyard Wind is not 

able to complete the survey activities 

analyzed in the initial IHA by the date 

the IHA is set to expire (June 20, 2021). 

As such, the surveys Vineyard Wind 

proposes to conduct under this Renewal 

would be a continuation of the surveys 

as described in the initial IHA. The 

location and nature of the activities, 

including the types of equipment 

planned for use, are identical to those 

described in the previous notices. 

Because part of the work has already 

been completed, the duration of the 

surveys conducted under the Renewal 

IHA will occur over less time than that 

described for the initial IHA (181 days 

versus 365 days); however, Vineyard 

Wind will continue to operate 24 hours 

per day to complete the work. Vineyard 

Wind proposes to continue its activities 

on June 21, 2021, after the initial IHA 

expires on June 20, 2021. The proposed 

Renewal would be effective for a period 

of one year from the date of issuance. 

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 notices of the proposed and 

final IHAs for the initial authorization 

(85 FR 7952, February 12, 2020; 85 FR 

26940, May 06, 2020). NMFS has 

reviewed the monitoring data from the 

initial IHA, recent draft Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

other scientific literature, and 

determined that neither this nor any 

other new information affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the Description of the Marine 

Mammals in the Area of Specified 

Activities contained in the supporting 

documents for the initial IHA. 

The draft 2020 Stock Assessment 

Report (SAR, available online at: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/draftmarine-mammal-stock-assessmentreports) states that estimated abundance 

has increased for the Western North 

Atlantic stock of common dolphins, 

from 172,825 (CV = 0.21) to 172,974 (CV 

= 0.21), and decreased for the following 

marine mammal stocks: The Gulf of 

Maine stock of humpback whales (from 

1,396 (CV = 0) to 1,393 (CV = 0.15)), the 

Western North Atlantic stock of fin 

whales (from 7,418 (CV = 0.25) to 6,802 

(CV = 0.24)), and the Canadian East 

coast stock of minke whales (from 

24,202 (CV = 0.3) to 21,968 (CV=0.31)). 

Abundance estimates for the Western 

North Atlantic stock of North Atlantic 

right whales have also been updated, 

and state that right whale abundance 

has decreased from 428 to 368 (95% CI 

356–378) individuals (Pace 2021). 

Roberts et al. (2020) provided updated 

monthly densities of North Atlantic 

right whales in the area of proposed 

activities since the time of the initial 

IHA. These updated data for North 

Atlantic right whale densities 

incorporate additional sighting data and 

include increased spatial resolution. We 

reviewed the updated model 

documentation and recalculated the 

North Atlantic right whale density 

estimates following the same methods 

outlined in the proposed and final IHAs 

for the initial authorization (85 FR 7952, 

February 12, 2020; 85 FR 26940, May 

06, 2020). The new model results state 

that the mean annual North Atlantic 

right whale densities have slightly 

increased in the activity area. 

NMFS has preliminarily determined 

that neither the updated abundance and 

density information presented above nor 

any other new information affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the Description of the Marine 

Mammals in the Area of Specified 

Activities 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 take is proposed 

here may be found in the notices of the 

proposed and final IHAs for the initial 

authorization (85 FR 7952, February 12, 

2020; 85 FR 26940, May 06, 2020). 

NMFS has reviewed the monitoring data 

from the initial IHA, recent draft Stock 

Assessment Reports, Technical Reports 

(e.g., Pace 2021), information on 

relevant Unusual Mortality Events, and 

other scientific literature and data (e.g., 

Roberts et al. 2020) 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 and final IHAs 

for the initial authorization (85 FR 7952, 

February 12, 2020; 85 FR 26940, May 

06, 2020). The acoustic source types, as 

well as source levels applicable to this 

authorization remain unchanged from 

the initial IHA. Similarly, the stocks 

taken, methods of take, and type of take 

(i.e., Level B harassment only) remain 

unchanged from the initial IHA. 

In the initial authorization for the 

HRG survey activities, the potential for 

take was estimated using the following 

parameters: (1) Maximum number of 

survey days that could occur over a 12- 

month period; (2) maximum distance 

each vessel could travel per 24-hour 

period in each of the identified survey 

areas; (3) maximum ensonified area 

(zone of influence (ZOI)); and (4) 

maximum marine mammal densities for 

any given season that a survey could 

occur. The calculated radial distances to 

the Level B harassment threshold (160 

decibel (dB) root mean square (rms)) 

from a survey vessel are included in 

Table 1. 

TABLE 1—MODELED RADIAL DISTANCES FROM HRG SURVEY EQUIPMENT TO ISOPLETHS CORRESPONDING TO LEVEL A 

HARASSMENT AND LEVEL B HARASSMENT THRESHOLDS

HRG Survey Equipment Level B harassment 

horizontal impact 

distance (m) 

Shallow subbottom profilers ................................................ EdgeTech Chirp 216 .......................................................... 4 

Deep seismic profilers ......................................................... Applied Acoustics AA251 Boomer ..................................... 178 

Deep seismic profilers ......................................................... GeoMarine Geo Spark 2000 (400 tip) ............................... 195 


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The equation for estimating take for 

all species remains the same as the 

initial IHA: 

Estimated Take = D × ZOI × # of days 

Where: 

D = species density (per km2) and ZOI = 

maximum daily ensonified area 

In the notices of the proposed and 

final IHAs for the initial authorization 

(85 FR 7952, February 12, 2020; 85 FR 

26940, May 06, 2020), a conservative 

ZOI was calculated by applying the 

maximum radial distance for any 

category and type of HRG survey 

equipment considered in its assessment 

to the mobile source ZOI calculation. 

This maximum calculated distance to 

the Level B harassment threshold for the 

GeoMarine Geo Spark 2000 of 195 m 

was also used to calculate the ZOI for 

the requested extension. Vineyard Wind 

estimates that proposed survey vessels 

will achieve a maximum daily track line 

distance of 100 km per day during 

proposed HRG surveys. This distance 

accounts for the vessel traveling at 

roughly 3.5 kn (6.5 km/hour) and 

accounts for non-active survey periods. 

Based on the maximum estimated 

distance to the Level B harassment 

threshold of 195 m (Table 1) and the 

maximum estimated daily track line 

distance of 100 km, Vineyard Wind 

estimated that an area of 39.12 km2

would be ensonified to the Level B 

harassment threshold per day during 

Vineyard Wind’s proposed HRG 

surveys. This is a conservative estimate 

as it assumes the HRG sources that 

result in the greatest isopleth distances 

to the Level B harassment threshold 

would be operated at all times during 

the all vessel days. 

This methodology of calculating take 

in the initial IHA applies to the 

proposed Renewal IHA for all species, 

with the only difference being the fewer 

amount of vessel days (i.e., 552 versus 

736). The result is that the amount of 

take is reduced proportionally to the 

reduction in the number of days of work 

remaining. Vineyard Wind has 

requested a deviation from the 

proportionally reduced calculated take 

for Risso’s dolphins as described below. 

Other than in the additional instances 

described below, NMFS agrees with 

Vineyard Wind’s request for take and 

we propose to authorize the same 

amount of take as described in their 

request. 

In their request for a Renewal IHA 

application, Vineyard Wind requested 

that the number of Level B harassment 

takes (per the equation above) for 

Risso’s dolphins be equal to their 

average group size estimate (6 

individuals), given a proportional 

reduction in take based on the reduction 

in the number of days of work 

remaining would result in a take 

estimate that is smaller than the average 

group size estimate. As described in 

Vineyard Wind’s preliminary 

monitoring report, they did not observe 

any Risso’s dolphins during the survey 

work thus far completed. Therefore, we 

have carried over the same amount of 

take as proposed in the initial IHA, 

which is based on an average group size 

of 6 Risso’s dolphins (Table 2). 

In the notices of the proposed and 

final IHAs for the initial authorization 

(85 FR 7952, February 12, 2020; 85 FR 

26940, May 06, 2020) takes by Level B 

harassment authorized for North 

Atlantic right whales were limited to 10 

individuals, which was reduced from 

the calculated take of 31 whales. There 

were several reasons justifying this 

reduction. Vineyard Wind established 

and monitored a shutdown zone at least 

2.5 times (500-meters (m)) greater than 

the predicted Level B harassment 

threshold distance (195 m). Take had 

also been conservatively calculated 

based on the largest source, which will 

not be operating at all times, and take 

is therefore likely over-estimated to 

some degree. Furthermore, the potential 

for incidental take during daylight hours 

is very low given that two Protected 

Species Observers (PSOs) are required 

for monitoring. Additionally, sightings 

of right whales had been uncommon 

during previous HRG surveys conducted 

in areas near the proposed surveys. For 

example, no North Atlantic right whales 

were sighted during Bay State Wind 

surveys in adjacent and overlapping 

survey areas over 376 vessel days 

between May 11, 2018 and March 14, 

2019. Vineyard Wind also had no North 

Atlantic right whales sighted in their 

marine mammal monitoring report that 

included Lease Areas OCS–A 0501 and 

OCS–A 0522 from May 31, 2019 through 

January 7, 2020. Therefore, the 

aforementioned factors led NMFS to 

conclude that the unadjusted modeled 

exposure estimate was likely a 

significant overestimate of actual 

potential exposure. Accordingly, in the 

initial IHA NMFS made a reasonable 

adjustment to conservatively account for 

these expected mitigating effects on 

actual taking of right whales. 

During the 2020–2021 surveys, 

Vineyard Wind reported four sightings 

of seven North Atlantic right whales in 

their preliminary monitoring report. 

While all of these individuals were 

observed on a single day (December 20, 

2020) and outside both the estimated 

195-m Level B harassment Zone and the 

500 m Exclusion Zone (EZ) for North 

Atlantic right whales (closest 

approaches were >900 m), they 

represent an increased amount of 

sightings observed during HRG surveys, 

though the information suggests that 

there were no takes. Updated model 

outputs from Roberts et al. (2020) also 

suggest that there has been a slight 

increase in North Atlantic right whale 

density in the survey area. Despite the 

increase in sightings and densities of 

North Atlantic right whales in the 

survey area, we believe that an updated 

unadjusted modeled exposure estimate 

based on these slightly increased 

densities would still represent a 

significant overestimate of the actual 

potential exposure, and therefore 

propose to carry over the same amount 

of take (10 individuals) as proposed in 

the initial IHA, which accounts for the 

expected mitigating effects on the actual 

taking of right whales. 

As documented in Vineyard Wind’s 

preliminary monitoring report, there 

was a number of sightings of delphinids 

both within the estimated 195 m Level 

B Harassment Zone and the 100 m EZ 

that were characterized by the PSOs as 

‘voluntary approaches.’ A ‘‘voluntary 

approach’’ is defined as a purposeful 

approach toward the vessel by the 

delphinid(s) with a speed and vector 

that indicates that the delphinid(s) is 

approaching the vessels and remains 

near the vessel or towed equipment 

(BOEM 2014). Vineyard Wind PSOs 

reported 270 sightings of approximately 

3,332 individual common dolphins 

within the estimated 195 m Level B 

harassment zone for the sparker. During 

these marine mammal observations, no 

behavior was observed that would be 

considered consistent with a behavioral 

response to harassment (i.e., rapid 

swimming away from the sound source 

or vessel; repeated fin slaps or breaches; 

notable changes in behavior as a result 

of vessel approach), and no animals 

demonstrated signs of harm. Therefore, 

Vineyard Wind concluded that these 

animals did not experience Level B 

Harassment, as defined under the 

MMPA. Given that Vineyard Wind 

observed more common dolphins than 

expected, we propose to carry over the 

same amount of take (2,036 individuals) 

as proposed in the initial IHA, as 

opposed to decreasing it commensurate 

to the reduced amount of activity 

remaining. Thus, take numbers 

proposed in this IHA Renewal (Table 2) 

represent prorated estimates for all 

species except North Atlantic right 

whales, Risso’s dolphins, and common 

dolphins whose proposed take estimates 

remain the same as authorized in the 

initial IHA. 

On August 20, 2020 Vineyard Wind 

PSOs observed two white-beaked 


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dolphins within the 195 m Level B 

harassment zone for the sparker during 

the first year of Vineyard Wind’s survey 

activities. White-beaked dolphins were 

considered unlikely to be encountered 

in the survey area and, therefore, take 

was not considered reasonably likely to 

occur and was not authorized in the 

initial IHA. This species has historically 

been found in waters outside of the 

survey area, from southern New 

England to southern Greenland and 

Davis Straits (Leatherwood et al. 1976; 

CETAP 1982, Hayes et al. 2019), across 

the Atlantic to the Barents Sea and 

south to at least Portugal (Reeves et al. 

1999). In waters off the northeastern 

U.S. coast, white-beaked dolphin 

sightings are typically concentrated in 

the western Gulf of Maine and around 

Cape Cod (CETAP 1982, Hayes et al. 

2019). The dolphins observed during 

the 2020–2021 surveys were first 

sighted as unidentified dolphins due to 

the decreased visibility under sea state 

3 conditions, creating challenges in 

identification. Given the dolphins were 

of genera Delphinus, Lagenorhynchus, 

or Tursiops, and in accordance with 

IHA condition 4(f)(vii), the PSO used 

their best professional judgment in 

determining that the animals were 

exempted from the shutdown 

requirement. After less than a minute of 

bow riding the dolphins began 

swimming away and at the end of the 

sighting the PSO was able to make a 

positive ID. The PSO determined the 

animal was leaving the zone and 

therefore no mitigation was required. 

The PSO determined that there was no 

behavioral change or signs of distress 

and thus Vineyard Wind did not report 

the sighting as a potentially 

unauthorized Level B harassment take. 

Despite this single observation of white 

beaked dolphins, encounters with the 

species in the survey area remain 

unlikely. For example, no sightings of 

white beaked dolphins have been 

reported in monitoring reports from 

other IHAs issued in the same region in 

recent years. Therefore, NMFS has 

determined that the initial 

determination that take of the species is 

not reasonably likely to occur and, 

therefore, that take authorization for the 

species is not warranted. We have 

clarified with Vineyard Wind the need 

to communicate any sightings of rare 

species to NMFS as soon as possible. 

TABLE 2—INITIAL IHA TAKE AUTHORIZED AND RENEWAL IHA PROPOSED TAKE

Species 

Level B harassment 

Percent Take population 1

authorized 

initial IHA 

Proposed take 

renewal IHA 

Fin whale ..................................................................................................................................... 67 51 1.1 

Humpback whale ......................................................................................................................... 46 34 2.1 

Minke whale ................................................................................................................................. 41 31 1.5 

North Atlantic right whale ............................................................................................................ 10 10 2.7 

Sei whale ..................................................................................................................................... 4 3 0.4 

Atlantic white sided dolphin ......................................................................................................... 1,011 758 2.0 

Bottlenose dolphin (WNA Offshore) ............................................................................................ 815 611 1.0 

Long-finned pilot whales .............................................................................................................. 142 107 0.6 

Risso’s dolphin ............................................................................................................................. 6 6 0.08 

Common dolphin .......................................................................................................................... 2,036 2,036 2.3 

Sperm whale ................................................................................................................................ 4 3 0.06 

Harbor porpoise ........................................................................................................................... 1,045 784 1.7 

Gray seal ..................................................................................................................................... 4,044 3,033 11.17 

Harbor seal .................................................................................................................................. 4,044 3,033 4.0 

1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 2 in the notice of the final 

IHA for the initial authorization (85 FR 26940, May 06, 2020). In most cases the best available abundance estimate is provided by Roberts et al. 

(2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018). For North Atlantic right whales the best available abundance estimate is derived from the 2021 NOAA Technical Memorandum NMFS–NE–269 Revisions and 

Further Evaluations of the Right Whale Abundance Model: Improvements for Hypothesis Testing (Pace, 2021). For bottlenose dolphins and 

seals, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide abundance estimates at the stock or 

species level (respectively), so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins, gray and harbor seals 

are derived from NMFS SARs (Hayes et al., 2019). 

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 FR 

Notice announcing the issuance of the 

initial IHA (85 FR 26940, May 06, 2020), 

and the discussion of the least 

practicable adverse impact included in 

that document and the notice of the 

proposed IHA remains accurate (85 FR 

7952, February 12, 2020; 85 FR 26940, 

May 06, 2020). All mitigation, 

monitoring and reporting measures in 

the initial IHA are carried over to this 

proposed Renewal IHA and summarized 

here: 

• EZ: Marine mammal EZs will be 

established around the HRG survey 

equipment and monitored by PSO 

during HRG surveys as follows: A 500- 

m EZ is required for North Atlantic right 

whales and a 100-m EZ is required for 

all other marine mammals (with the 

exception of certain genera of small 

delphinids (i.e., Delphinus, 

Lagenorhynchus, and Tursiops) under 

certain circumstances, such as 

individuals voluntary approaching the 

vessel). If a marine mammal is detected 

approaching or entering the EZs during 

the planned survey, the vessel operator 

would adhere to the shutdown 

procedures described below. In addition 

to the EZs described above, PSOs would 

visually monitor a 200-m Buffer Zone; 

however, this Buffer Zone is not 

applicable when the EZ is greater than 

100 meters. PSOs would also be 

required to observe a 500-m Monitoring 

Zone and record the presence of all 

marine mammals within this zone and 

within the Level B harassment zone. 

The zones described above would be 

based upon the radial distance from the 

active equipment (rather than being 

based on distance from the vessel itself). 

• PSO: A minimum of two NMFSapproved PSOs must be on duty and 

conducting visual observations at all 

times on all active survey vessels when 

HRG equipment is operating, including 

both daytime and nighttime operations. 


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Visual monitoring would begin no less 

than 30 minutes prior to initiation of 

HRG survey equipment and would 

continue until 30 minutes after use of 

the acoustic source ceases or until 30 

minutes past sunset. However, Vineyard 

Wind has committed to 24-hr use of 

PSOs. PSOs would establish and 

monitor the applicable EZs, Buffer Zone 

and Monitoring Zone as described 

above. 

• Pre-Operation Clearance Protocols: 

Prior to initiating HRG survey activities, 

Vineyard Wind would implement a 30- 

minute pre-clearance period. Ramp-up 

of the survey equipment would not 

begin until the relevant zones (500-m EZ 

for North Atlantic right whales and 200- 

m Buffer Zone for all other species) have 

been cleared by the PSOs. If any marine 

mammals are detected within the 

relevant EZs or Buffer Zone during the 

pre-clearance period, initiation of HRG 

survey equipment would not begin until 

the animal(s) has been observed exiting 

the respective EZ or Buffer Zone, or, 

until an additional time period has 

elapsed with no further sighting (i.e., 

minimum 15 minutes for small 

odontocetes and seals, and 30 minutes 

for all other species). The pre-clearance 

requirement would include small 

delphinids that approach the vessel 

(e.g., bow ride). PSOs would also 

continue to monitor the zone for 30 

minutes after survey equipment is shut 

down or survey activity has concluded. 

• Ramp-up: A ramp-up procedure 

would be used for geophysical survey 

equipment capable of adjusting energy 

levels at the start or re-start of survey 

activities. Ramp-up of the survey 

equipment would not begin until the 

relevant EZs and Buffer Zone has been 

cleared by the PSOs, as described above. 

HRG equipment would be initiated at 

their lowest power output and would be 

incrementally increased to full power. If 

any marine mammals are detected 

within the EZs or Buffer Zone prior to 

or during ramp-up, the HRG equipment 

would be shut down (as described 

below). 

• 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. Note this 

shutdown requirement would be waived 

for certain genera of small delphinids as 

described above. Subsequent restart of 

the HRG equipment would only occur 

after the marine mammal has either 

been observed exiting the relevant EZ, 

or, until an additional time period has 

elapsed with no further sighting of the 

animal within the relevant EZ (i.e., 15 

minutes for small odontocetes and seals, 

and 30 minutes for all other species). 

• Vessel strike avoidance measures: 

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. 

Seasonal Operating Requirements: 

• Vineyard Wind will conduct HRG 

survey activities in the Cape Cod Bay 

Mid-Atlantic U.S. Seasonal Management 

Area (SMA) and Off Race Point SMA 

only during the months of August and 

September to ensure sufficient buffer 

between the SMA restrictions (January 

to May 15) and known seasonal 

occurrence of the North Atlantic right 

whale north and northeast of Cape Cod 

(fall, winter, and spring). Vineyard 

Wind will also limit to three the number 

survey vessels that will operate 

concurrently from March through June 

within the lease areas (OCS–A 0501 and 

0487) and offshore export cable corridor 

(OECC) areas north of the lease areas up 

to, but not including, coastal and bay 

waters. Another seasonal restriction area 

south of Nantucket will be in effect from 

December to February in the area 

delineated by the DMA that was 

effective from January 31, 2020 through 

February 15, 2020. In addition, 

Vineyard Wind would operate either a 

single vessel, two vessels concurrently 

or, for short periods, no more than three 

survey vessels concurrently in the areas 

described above during the December– 

February and March–June timeframes 

when right whale densities are greatest. 

The seasonal restrictions described 

above will help to reduce both the 

number and intensity of North Atlantic 

right whale takes. 

• Reporting: Vineyard Wind will 

submit a final technical report within 90 

days following completion of the 

surveys. In the event that Vineyard 

Wind personnel discover an injured or 

dead marine mammal, Vineyard Wind 

shall report the incident to the Office of 

Protected Resources (OPR), NMFS and 

to the New England/Mid-Atlantic 

Regional Stranding Coordinator 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, Vineyard Wind shall 

report the incident to OPR, NMFS and 

to the New England/Mid-Atlantic 

Regional Stranding Coordinator as soon 

as feasible. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (85 FR 7952, 

February 12, 2020) 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. 

All public comments were addressed 

in the notice announcing the issuance of 

the initial IHA (85 FR 26940, May 06, 

2020). Below, we describe how we have 

addressed, with updated information 

where appropriate, any comments 

received that specifically pertain to the 

Renewal of the 2020 IHA. 

Comment: The Marine Mammal 

Commission (Commission) 

recommended that NMFS refrain from 

issuing Renewals for any authorization 

and instead use its abbreviated Federal 

Register notice process. They argued 

that the process is similarly expeditious 

and fulfills NMFS’s intent to maximize 

efficiencies, and that NMFS (1) stipulate 

that a Renewal is a one-time 

opportunity (a) in all Federal Register 

notices requesting comments on the 

possibility of a Renewal, (b) on its web 

page detailing the Renewal process, and 

(c) in all draft and final authorizations 

that include a term and condition for a 

Renewal and, (2) if NMFS refuses to 

stipulate a Renewal being a one-time 

opportunity, explain why it will not do 

so in its Federal Register notices, on its 

web page, and in all draft and final 

authorizations. 

Response: NMFS expressed how it 

does not agree with the Commission 

that we instead use the abbreviated 

notice process and did not adopt the 

Commission’s recommendation. As 

explained in the response to the 

following comment, NMFS believes 

Renewals can be issued in certain 

limited circumstances. 

The Commission was also concerned 

that NMFS had not explicitly identified 

that a 1-year Renewal IHA was a onetime opportunity in our Federal 

Register notices nor on our website. 

NMFS has since identified in Federal 

Register notices and on our website that 

a Renewal IHA is one time opportunity. 

Comment: A group of environmental 

non-governmental organizations 

(ENGOs) 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 


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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 

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

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals). 

Preliminary Determinations 

The survey activities proposed by 

Vineyard Wind are identical to (and a 

subset of) those analyzed in the initial 

IHA, as are the method of taking and the 

effects of the action. The mitigation 

measures and monitoring and reporting 

requirements as described above are 

also identical to the initial IHA. The 

planned number of days of activity will 

be reduced given the completion of a 

small portion of the originally planned 

work. Therefore, the amount of take 

proposed is equal to or less than that 

authorized in the initial IHA. The 

potential effect of Vineyard Winds’ 

activities remains limited to Level B 

harassment in the form of behavioral 

disturbance. In analyzing the effects of 

the activities in the initial IHA, NMFS 

determined that Vineyard 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). 

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. This includes 

consideration of the estimated 

abundances of four stocks (North 

Atlantic right whales, humpback 

whales, fin whales, and minke whales) 

decreasing and the estimated 

abundances of one stock (common 

dolphins) increasing (Hayes et al. 2020, 

Pace 2021). This also includes 

consideration of the increased density 

estimates for North Atlantic right 

whales based on updated model outputs 

from Roberts et al. (2020) as described 

above in the Estimated Take section. 

Based on the information and analysis 

contained here and in the referenced 

documents, NMFS has determined the 

following: (1) The required mitigation 

measures will effect the least practicable 

impact on marine mammal species or 

stocks and their habitat; (2) the 

authorized takes will have a negligible 

impact on the affected marine mammal 

species or stocks; (3) the authorized 

takes represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) Vineyard Wind’s 

activities will 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 included. 

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 authorizing the incidental 

take of four species of marine mammals 

which are listed under the ESA: The 

North Atlantic right, fin, sei and sperm 

whale. We requested initiation of 

consultation under Section 7 of the ESA 

with NMFS GARFO on February 12, 

2020, for the issuance of this IHA. 

BOEM consulted with NMFS GARFO 

under section 7 of the ESA on 

commercial wind lease issuance and 

site assessment activities on the Atlantic 

Outer Continental Shelf in 

Massachusetts, Rhode Island, New York 

and New Jersey Wind Energy Areas. The 

NMFS GARFO issued a Biological 

Opinion concluding that these activities 

may adversely affect but are not likely 

to jeopardize the continued existence of 

the North Atlantic right, fin, sei and 

sperm whale. Upon request from the 

NMFS Office of Protected Resources, 

NMFS GARFO issued an amended 

incidental take statement associated 

with this Biological Opinion to include 

the take of the ESA-listed marine 

mammal species authorized through 

this IHA in April 2020. On May 12, 

2021 NMFS GARO determined that 

their initial consultation remains valid 

and that the proposed MMPA Renewal 

IHA provides no new information about 


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the effects of the action, nor does it 

change the extent of effects of the 

action, or any other basis to require 

reinitiation of the opinion. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a Renewal IHA to Vineyard Wind for 

conducting marine site characterization 

survey activities off the coast of 

Massachusetts in the areas of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS–A 

0501 and OCS–A 0522) and along 

potential submarine cable routes to 

landfall locations in Massachusetts, 

Rhode Island, Connecticut, and New 

York for a period of one year from the 

date of issuance, provided the 

previously described mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed and final initial IHA can be 

found at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-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: June 2, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–11904 Filed 6–7–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Application for Commercial 

Fisheries Authorization Under Section 

118 of the Marine Mammal Protection 

Act (MMPA) 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before August 9, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

Adrienne Thomas, NOAA PRA Officer, 

at Adrienne.thomas@noaa.gov. Please 

reference OMB Control Number 0648– 

0293 in the subject line of your 

comments. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Jaclyn 

Taylor, National Marine Fisheries 

Service Office of Protected Resources, 

301–427–8402 or Jaclyn.Taylor@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

National Marine Fisheries Service’s 

(NMFS) Office of Protected Resources 

sponsors this information collection and 

is requesting renewal of the currently 

approved collection. 

Section 118 of the Marine Mammal 

Protection Act requires any commercial 

fisherman operating in Category I and II 

fisheries to register for a certificate of 

authorization that will allow the 

fisherman to take marine mammals 

incidental to commercial fishing 

operations. Category I and II fisheries 

are those identified by NOAA as having 

either frequent or occasional takings of 

marine mammals. All states have 

integrated the NMFS registration 

process into the existing state fishery 

registration process and vessel owners 

do not need to file a separate federal 

registration. If applicable, vessel owners 

will be notified of this simplified 

registration process when they apply for 

their state or Federal permit or license. 

A valid certificate of authorization 

protects the vessel owner from 

prosecution under the MMPA for 

violation of the moratorium on taking 

marine mammals. The information 

needed to register or update a 

commercial fishery authorization is 

found at 50 CFR 229.4. 

II. Method of Collection 

Fishermen’s information is imported 

directly into the Marine Mammal 

Authorization Program (MMAP) from 

their state. If they do not have a state or 

Federal fishery permit or license, 

fishermen can request a MMAP 

registration form (OMB No. 0648–0293) 

from their NMFS regional office and 

mail in the registration form. 

III. Data 

OMB Control Number: 0648–0293. 

Form Number(s): None. 

Type of Review: Regular submission 

(extension of existing information 

collection). 

Affected Public: Individuals or 

households; Business or other for-profit 

organizations. 

Estimated Number of Respondents: 

100. 

Estimated Time per Response: Initial 

registration 15 minutes. 

Estimated Total Annual Burden 

Hours: 25 hours. 

Estimated Total Annual Cost to 

Public: $2,555 in recordkeeping/ 

reporting costs and application fees. 

Respondent’s Obligation: Mandatory. 

Legal Authority: 16 U.S.C. 1361 et 

seq.; MMPA. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 


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