2024-16788. Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off the Coast of Delaware

Table 1—Species and Stocks Likely Impacted by the Specified Activities ¹

Common name	Scientific name	Stock	ESA/ MMPA status; strategic (Y/N) 2	Stock abundance (CV, N min , most recent abundance survey) 3	PBR	Annual M/SI 4
Order Artiodactyla—Cetacea—Mysticeti (baleen whales)
Family Balaenidae:
North Atlantic right whale 5	Eubalaena glacialis	Western Atlantic	E, D, Y	340 (0, 337, 2021); 356 (346-363, 2022)	0.7	27.2
Family Balaenopteridae (rorquals):
Fin whale	Balaenoptera physalus	Western N Atlantic	E, D, Y	6,802 (0.24, 5,573, 2021)	11	2.05
Humpback whale	Megaptera novaeangliae	Gulf of Maine	-, -, N	1,396 (0, 1380, 2016)	22	12.15
Minke whale	Balaenoptera acutorostrata	Canadian Eastern Coastal	-, -, N	21,968 (0.31, 17,002, 2021)	170	9.4
Sei whale	Balaenoptera borealis	Nova Scotia	E, D, Y	6,292 (1.02, 3,098, 2021)	6.2	0.6
Odontoceti (toothed whales, dolphins, and porpoises)
Family Physeteridae:
Sperm whale	Physeter macrocephalus	N Atlantic	E, D, Y	5,895 (0.29, 4,639, 2021)	9.28	0.2
Family Delphinidae:
Long-finned pilot whale	Globicephala melas	Western N Atlantic	-, -, N	39,215 (0.30, 30,627, 2021)	306	5.7
Short-finned pilot whale	Globicephala macrorhynchus	Western N Atlantic	-, -, Y	18,726 (0.33, 14,292, 2021)	143	218
Atlantic spotted dolphin	Stenella frontalis	Western N Atlantic	-, -, N	31,506 (0.28, 25,042, 2021)	250	0
Atlantic white-sided dolphin	Lagenorhynchus acutus	Western N Atlantic	-, -, N	93,233 (0.71, 54,443, 2021)	544	28
Bottlenose dolphin	Tursiops truncatus	Northern Migratory Coastal	-, -, Y	6,639 (0.41, 4,759, 2016)	48	12.2-21.5
Bottlenose dolphin	Tursiops truncatus	Western N Atlantic Offshore	-, -, N	64,587 (0.24, 52,801, 2021)	507	28
Risso's dolphin	Grampus griseus	Western N Atlantic	-, -, N	44,067 (0.19, 30,662, 2021)	307	18
Common dolphin	Delphinus delphis	Western N Atlantic	-, -, N	93,100 (0.56, 59,897, 2021)	1,452	414
Family Phocoenidae (porpoises):
Harbor porpoise	Phocoena	Gulf of Maine/Bay of Fundy	-, -, N	85,765 (0.53, 56,420, 2021)	649	145
Order Carnivora—Pinnipedia
Family Phocidae (earless seals):
Gray seal 6	Halichoerus grypus	Western N Atlantic	-, -, N	27,911 (0.20, 23,624, 2021)	1,512	4,570
Harbor seal	Phoca vitulina	Western N Atlantic	-, -, N	61,336 (0.08, 57,637, 2018)	1,729	339
1  Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy ( https://marinemammalscience.org/​science-and-publications/​list-marine-mammal-species-subspecies/​).
2  ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds potential biological removal (PBR) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
3  NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-stock-assessment-reports-region. CV is coefficient of variation; N min is the minimum estimate of stock abundance.
4  These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined ( e.g., commercial fisheries, vessel strike). Annual mortality or serious injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
5  Linden (2023) estimated the population size in 2022 as 356 individuals, with a 95 percent credible interval ranging from 346 to 363. NMFS acknowledges this most recent estimation in addition to the 2023 draft SAR stock abundance estimate.
6  NMFS's stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 394,311. The annual M/SI given is for the total stock.

Potential Effects of Specified Activities on Marine Mammals and Their Habitat

A description of the potential effects of the specified activities on marine mammals and their habitat may be found in the documents supporting the 2022 IHA (87 FR 15922, March 21, 2022; 87 FR 30182, May 18, 2022). At present, there is no new information on potential effects that would change our analysis.

Estimated Take of Marine Mammals

A detailed description of the methods used to estimate take anticipated to occur incidental to the project is found in the previous Federal Register notices (87 FR 15922, March 21, 2022; 87 FR 30182, May 18, 2022). The methods of estimating take are identical to those used in the 2022 IHA. We have updated the marine mammal densities based on new information (Roberts et al., 2023), available online at: https://seamap.env.duke.edu/​models/​Duke/​EC/​. We refer the reader to table 3 in the 2024 IHA request from Orsted for specific density values used in the analysis. The 2024 IHA request is available online at: https://www.fisheries.noaa.gov/​action/​incidental-take-authorization-orsted-wind-power-north-america-llcs-site-characterization.

The take NMFS has authorized can be found in table 2, below. Table 2 presents the results of Orsted's updated density-based calculations for the Project Area. For comparative purposes, we have provided the 2022 IHA authorized take (87 FR 30182, May 18, 2022). No take by Level A harassment was requested and none is anticipated. Therefore, NMFS has not authorized any take by Level A harassment. Mortality or serious injury (M/SI) is neither anticipated nor authorized.

Table 2—Estimated Take Numbers and Total Take Authorized

Common name	Stock	Estimated abundance	Take authorized under previous 2022 IHA	Total calculated take	Authorized take	Estimated take as a percentage of population
North Atlantic right whale	Western Atlantic	340	11	4	4	1.18
Fin whale	Western N Atlantic	6,802	7	6	6	<1
Humpback whale	Gulf of Maine	1,396	4	5	5	<1
Minke whale	Canadian Eastern Coastal	21,968	2	10	10	<1
Sei whale	Nova Scotia	6,292	1	1	1	<1
Sperm whale	N Atlantic	5,895	3	0	a  2	<1
Long-Finned pilot whale	Western N Atlantic	39,215	20	1	a  8	<1
Atlantic spotted dolphin	Western N Atlantic	31,506	15	6	a  24	<1
Atlantic white-sided dolphin	Western N Atlantic	93,233	50	16	16	<1
Bottlenose dolphin b	Northern Migratory Coastal	6,639	2,752	4,118	c  4,118	62.0
Bottlenose dolphin b	Western N Atlantic Offshore	64,587	2,752	4,118	(c )	<7
Risso's dolphin	Western N Atlantic	44,067	20	1	a  7	<1
Common dolphin	Western N Atlantic	93,100	400	98	a  302	<1
Harbor porpoise	Gulf of Maine/Bay of Fundy	85,765	82	79	79	<1
Gray seal	Western N Atlantic	27,911	4	13	d  13	<1
Harbor seal	Western N Atlantic	61,336	4	13	d  13	<1
a  Adjustments to the requested take numbers for the marked species are based on the average group size from AMAPPS survey data (NEFSC, 2023) and recommended values represent averages of all AMAPPS sightings, for species for which the calculated take was lower than the estimated group size, except common dolphins. For common dolphins, the AMAPPS group size was used in conjunction with the number of encounters of common dolphin groups in past PSO reports.
b  Take estimate is based on the maximum number of calculated instances of take for either stock and is assumed to apply to all bottlenose dolphins potentially present in the survey area. Therefore, takes could consist of individuals from either the WNA Offshore or the WNA Northern Migratory Coastal stock.
c  Although unlikely, for purposes of calculating maximum percentage of population, we assume all takes could be allocated to either stock ( i.e., total estimated take for “bottlenose dolphins” is 4,118) and that multiple repeated takes of the same individuals from each stock may occur. Please see Determinations for additional information.
d  Roberts et al. (2023) only provides density estimates for seals without differentiating by species. Harbor seals and gray seals are assumed to occur equally in the survey area; therefore, density values were split evenly between the two species, i.e., total estimated take for “seals” is 13.

Mitigation, Monitoring, and Reporting Measures

The mitigation measures, and monitoring and reporting requirements are identical to those included in the Federal Register notice announcing the final 2022 IHA (87 FR 30182, May 18, 2022), and the discussion of the least practicable adverse impact included in that document remains accurate. The measures included in this authorization are found below.

Mitigation

The following mitigation measures must be implemented during Orsted's marine site characterization surveys. Pursuant to section 7 of the ESA, Orsted must also be required to adhere to relevant Project Design Criteria (PDC) of the NMFS GARFO programmatic consultation (specifically PDCs 4, 5, and 7) regarding geophysical surveys along the U.S. Atlantic coast (see NOAA GARFO, 2021; https://www.fisheries.noaa.gov/​new-england-mid-atlantic/​consultations/​section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation).

Marine Mammal Exclusion Zones and Harassment Zones

Marine mammal exclusion zones (EZs) must be established around the HRG survey equipment and monitored by NMFS-approved protected species observers (PSO):

• 500 m EZ for NARWs during operation of specified acoustic sources (e.g., sparkers, boomers); and
• 100 m EZ for all other marine mammals, with certain exceptions (seeShutdown Procedures), during operation of specified acoustic sources ( e.g., sparkers, boomers).

If a marine mammal is detected approaching or entering the EZs during the HRG survey, the vessel operator must adhere to the shutdown procedures described below to minimize noise impacts on the animals. These stated requirements must be included in the site-specific training to be provided to the survey team. The Level B harassment zones for each sound source are listed in table 3 and remain the same as the initial IHA (see table 4 of the Federal Register notice of the final authorization (87 FR 30182, May 18, 2022)).

Table 3—Level B Harassment Zones

Equipment	Distance to Level B harassment threshold (m)
ET 216 CHIRP	9
ET 424 CHIRP	4
ET 512i CHIRP	6
GeoPulse 5430	21
TB CHIRP III	48
Pangeo SBI	22
AA Triple plate S-Boom (700/1,000 J)	34
AA, Dura-spark UHD Sparkers	141
GeoMarine Sparkers	141
Note: AA = Applied Acoustics; CHIRP = compressed high-intensity radiated pulses; ET = edgetech; J = joule; SBI = sub-bottom imager; TB = Teledyne benthos; UHD = ultra-high definition.