[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80016-80038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27383]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[0648-XE753]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Operation, Maintenance, and Repair
of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin
Pipeline Lateral Facilities in Massachusetts Bay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Excelerate Energy, L.P.
(Excelerate) and Tetra Tech, Inc. (Tetra Tech), on behalf of the
Northeast Gateway[supreg] Energy BridgeTM, L.P. (Northeast
Gateway or NEG) and Algonquin Gas Transmission, L.L.C. (Algonquin) for
an authorization to take small numbers of 14 species of marine mammals,
by Level B harassment, incidental to operating, maintaining, and
repairing a liquefied natural gas (LNG) port and the Algonquin Pipeline
Lateral (Pipeline Lateral) facilities by NEG and Algonquin, in
Massachusetts Bay. Pursuant to the Marine Mammal Protection Act (MMPA),
NMFS is requesting comments on its proposal to issue an authorization
to NEG and Algonquin to incidentally take, by Level B harassment, small
numbers of marine mammals during the specified activity for a period of
one year.
DATES: Comments and information must be received no later than December
15, 2016.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910. The mailbox address for
[[Page 80017]]
providing email comments on this action is [email protected]. Comments
sent via email, including all attachments, must not exceed a 25-
megabyte file size. A copy of the application and a list of references
used in this document may be obtained by writing to this address, and
are also available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS is not responsible for comments sent
to addresses other than those provided here.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All personal identifying
information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
The Maritime Administration (MARAD) and U.S. Coast Guard (USCG)
Final Environmental Impact Statement (Final EIS) on the Northeast
Gateway Energy Bridge NEG Deepwater Port license application is
available for viewing at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for a one-year authorization to
incidentally take small numbers of marine mammals by harassment,
provided that there is no potential for serious injury or mortality to
result from the activity. Section 101(a)(5)(D) establishes a 45-day
time limit for NMFS review of an application followed by a 30-day
public notice and comment period on any proposed authorizations for the
incidental harassment of marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
Summary of Request
On June 9, 2015, NMFS received an application from Excelerate and
Tetra Tech, on behalf of NEG and Algonquin, for an annual IHA and a
subsequent five-year letter of authorization (LOA) pursuant to a
rulemaking under section 101(a)(5)(A), to take 14 species of marine
mammals by Level B harassment incidental to operations, maintenance,
and repair of the NEG Port and the Pipeline Lateral facilities in
Massachusetts Bay. They are: North Atlantic right whale, humpback
whale, fin whale, sei whale, minke whale, long-finned pilot whale,
Atlantic white-sided dolphin, bottlenose dolphin, short-beaked common
dolphin, killer whale, Risso's dolphin, harbor porpoise, harbor seal,
and gray seal. Since the NEG Port and Pipeline Lateral operation,
maintenance, and repair activities have the potential to take marine
mammals, a marine mammal take authorization under the MMPA is
warranted. NMFS issued an IHA to NEG and Algonquin on December 22, 2015
(81 FR 744; January 7, 2016). The IHA is valid until December 22, 2016.
In June 2016 NMFS learned that NEG and Algonquin are considering
decommissioning the NEG Port in the foreseeable future. Upon discussion
with Excelerate and Tetra Tech, it was agreed that instead of
conducting a rulemaking for five years of incidental take authorization
that may not be needed, NMFS will process another one-year IHA to NEG
and Algonquin to cover marine mammal takes from its operations,
maintenance, and repair work from December 23, 2016 through December
22, 2017.
NMFS first issued an IHA to NEG and Algonquin to allow for the
incidental harassment of small numbers of marine mammals resulting from
the construction and operation of the NEG Port and the Pipeline Lateral
(72 FR 27077; May 14, 2007). Subsequently, NMFS issued five one-year
IHAs for the take of marine mammals incidental to the operation of the
NEG Port activity pursuant to section 101(a)(5)(D) of the MMPA (73 FR
29485; May 21, 2008, 74 FR 45613; September 3, 2009 75 FR 53672;
September 1, 2010, and 76 FR 62778; October 11, 2011). After that, NMFS
issued two one-year IHAs to NEG and Algonquin to take marine mammals
incidental to the operations of the NEG Port as well as maintenance and
repair (79 FR 78806; December 31, 2014, 81 FR 744; January 7, 2016).
Description of the Specified Activity
The proposed NEG and Algonquin activities include the following:
NEG Port Operations: The NEG Port operations involve docking of NEG
vessels and regasification of NEG for delivery to shore. Noises
generated during these activities, especially from the NEG vessel's
dynamic positioning (DP) thrusters during docking, could result in
takes of marine mammals in the port vicinity by level B behavioral
harassment.
NEG Port Maintenance and Repair: Regular maintenance and occasional
repair of the NEG Port are expected to occur throughout the NEG Port
operation period. Machinery used during these activities generate
noises that could result in takes of marine mammals in the port
vicinity by Level B behavioral harassment.
Algonquin Pipeline Lateral Routine Operations and Maintenance: The
Algonquin Pipeline Lateral that is used for gas delivery would be
inspected regularly to ensure proper operations. The work would be done
using support vessels operating in dynamic positioning mode. Noises
generated from these activities could result in takes of marine mammals
in the vicinity of Pipeline Lateral by Level B behavioral harassment.
Unplanned Pipeline Repair Activities: Unplanned repair activities
may be required from time to time at a location along the Pipeline
Lateral in west Massachusetts Bay, as shown in Figure 2.1 of the
application. The repair would involve the use of a dive vessel
operating in dynamic positioning mode. Noise generated from this
activity could result in takes of marine mammals in the vicinity of
repair work by Level B behavioral harassment.
An IHA was previously issued to NEG and Algonquin for this activity
on December 22, 2014 (79 FR 78806; December 31, 2014), based on
activities described on Excelerate and Tetra Tech's IHA application
submitted in June 2014 and on the Federal Register
[[Page 80018]]
notice for the proposed IHA (78 FR 69049; November 18, 2013). The
latest application submitted by Excelerate and Tetra Tech on June 9,
2015 contains the same information on project descriptions as described
in the June 2014 IHA application. There is no change on the NEG and
Algonquin's proposed NEG Port and Pipeline Lateral operations and
maintenance and repair. Please refer to these documents for a detailed
description of NEG and Algonquin's proposed NEG Port and Pipeline
Lateral operations and maintenance and repair activities.
Description of Marine Mammals in the Area of the Specified Activities
Marine mammal species that potentially occur in the vicinity of the
Northeast Gateway facility include the North Atlantic right whale,
humpback whale, fin whale, sei whale, minke whale, long-finned pilot
whale, Atlantic white-sided dolphin, bottlenose dolphin, common
dolphin, killer whale, Risso's dolphin, harbor porpoise, harbor seal,
and gray seal. General information on the distribution of these marine
mammal species can be found in NMFS Stock Assessment Reports (Waring et
al., 2016). This latter document is available at: http://www.nmfs.noaa.gov/pr/sars/pdf/atlantic2015_final.pdf. Additional
information regarding these species within the NEG's proposed action
area is provided below, with a summary in Table 1.
Humpback Whale
The highest abundance for humpback whales is distributed primarily
along a relatively narrow corridor following the 100-meter (m) (328-
feet (ft)) isobath across the southern Gulf of Maine from the
northwestern slope of Georges Bank, south to the Great South Channel,
and northward alongside Cape Cod to Stellwagen Bank and Jeffreys Ledge.
The relative abundance of whales increases in the spring with the
highest occurrence along the slope waters (between the 40- and 140-m,
or 131- and 459-ft, isobaths) off Cape Cod and Davis Bank, Stellwagen
Basin and Tillies Basin and between the 50- and 200-m (164- and 656-t)
isobaths along the inner slope of Georges Bank. High abundance is also
estimated for the waters around Platts Bank. In the summer months,
abundance increases markedly over the shallow waters (<50 m, or <164
ft) of Stellwagen Bank, the waters (100-200 m or 328-656 ft) between
Platts Bank and Jeffreys Ledge, the steep slopes (between the 30- and
160-m isobaths) of Phelps and Davis Bank north of the Great South
Channel towards Cape Cod, and between the 50- and 100-m (164- and 328-
ft) isobath for almost the entire length of the steeply sloping
northern edge of Georges Bank. This general distribution pattern
persists in all seasons except winter, when humpbacks remain at high
abundance in only a few locations including Porpoise and Neddick Basins
adjacent to Jeffreys Ledge, northern Stellwagen Bank and Tillies Basin,
and the Great South Channel. The best estimate of abundance for Gulf of
Maine, formerly western North Atlantic, humpback whales is 823 animals
(Waring et al., 2016).
Fin Whale
Spatial patterns of habitat utilization by fin whales are very
similar to those of humpback whales. Spring and summer high-use areas
follow the 100-m (328 ft) isobath along the northern edge of Georges
Bank (between the 50- and 200-m (164- and 656-ft) isobaths), and
northward from the Great South Channel (between the 50-and 160-m, or
164- and 525-ft, isobaths). Waters around Cashes Ledge, Platts Bank,
and Jeffreys Ledge are all high-use areas in the summer months.
Stellwagen Bank is a high-use area for fin whales in all seasons, with
highest abundance occurring over the southern Stellwagen Bank in the
summer months. In fact, the southern portion of the Stellwagen Bank
National Marine Sanctuary (SBNMS) is used more frequently than the
northern portion in all months except winter, when high abundance is
recorded over the northern tip of Stellwagen Bank. In addition to
Stellwagen Bank, high abundance in winter is estimated for Jeffreys
Ledge and the adjacent Porpoise Basin (100- to 160-m, 328- to 656-ft,
isobaths), as well as Georges Basin and northern Georges Bank. The best
estimate of abundance for the western North Atlantic stock of fin
whales is 1,618 (Waring et al., 2016). Currently, there are
insufficient data to determine population trends for this species.
Minke Whale
Like other piscivorous baleen whales, highest abundance for minke
whale is strongly associated with regions between the 50- and 100-m
(164- and 328-ft) isobaths, but with a slightly stronger preference for
the shallower waters along the slopes of Davis Bank, Phelps Bank, Great
South Channel and Georges Shoals on Georges Bank. Minke whales are
sighted in the SBNMS in all seasons, with highest abundance estimated
for the shallow waters (approximately 40 m, or 131 ft) over southern
Stellwagen Bank in the summer and fall months. Platts Bank, Cashes
Ledge, Jeffreys Ledge, and the adjacent basins (Neddick, Porpoise and
Scantium) also support high relative abundance. Very low densities of
minke whales remain throughout most of the southern Gulf of Maine in
winter. The best estimate of abundance for the Canadian East Coast
stock, which occurs from the western half of the Davis Strait to the
Gulf of Mexico, of minke whales is 20,741 animals (Waring et al.,
2016). Currently, there are insufficient data to determine population
trends for this species.
North Atlantic Right Whale
North Atlantic right whales are generally distributed widely across
the southern Gulf of Maine in spring with highest abundance located
over the deeper waters (100- to 160-m (328- to 525-ft) isobaths) on the
northern edge of the Great South Channel and deep waters (100-300 m,
328-984 ft) parallel to the 100-m (328-ft) isobath of northern Georges
Bank and Georges Basin. High abundance is also found in the shallowest
waters (< 30 m, or <98 ft) of Cape Cod Bay, over Platts Bank and around
Cashes Ledge. Lower relative abundance is estimated over deep-water
basins including Wilkinson Basin, Rodgers Basin and Franklin Basin. In
the summer months, right whales move almost entirely away from the
coast to deep waters over basins in the central Gulf of Maine
(Wilkinson Basin, Cashes Basin between the 160- and 200-m (525- and
656-ft) isobaths) and north of Georges Bank (Rogers, Crowell and
Georges Basins). Highest abundance is found north of the 100-m (328-ft)
isobath at the Great South Channel and over the deep slope waters and
basins along the northern edge of Georges Bank. The waters between
Fippennies Ledge and Cashes Ledge are also estimated as high-use areas.
In the fall months, right whales are sighted infrequently in the Gulf
of Maine, with highest densities over Jeffreys Ledge and over deeper
waters near Cashes Ledge and Wilkinson Basin. In winter, Cape Cod Bay,
Scantum Basin, Jeffreys Ledge, and Cashes Ledge were the main high-use
areas. Although SBNMS does not appear to support the highest abundance
of right whales, sightings within SBNMS are reported for all four
seasons, albeit at low relative abundance. Highest sighting within
SBNMS occurred along the southern edge of the Bank.
The western North Atlantic minimum stock size is based on a census
of individual whales identified using photo-identification techniques.
A review of the photo-ID recapture database as it existed on 20 October
2014 indicated that 476 individually
[[Page 80019]]
recognized whales in the catalog were known to be alive during 2011.
This number represents a minimum population size. This is a direct
count and has no associated coefficient of variation (Waring et al.,
2016). Examination of the minimum number alive population index
calculated from the individual sightings database, as it existed on 20
October 2014, for the years 1990-2011 suggests a positive and slowly
accelerating trend in population size. These data reveal a significant
increase in the number of catalogued whales with a geometric mean
growth rate for the period of 2.8 percent (Waring et al., 2016).
Long-Finned Pilot Whale
The long-finned pilot whale is more generally found along the edge
of the continental shelf (a depth of 330 to 3,300 ft or 100 to 1,000
m), choosing areas of high relief or submerged banks in cold or
temperate shoreline waters. This species is split between two
subspecies: The Northern and Southern subspecies. The Southern
subspecies is circumpolar with northern limits of Brazil and South
Africa. The Northern subspecies, which could be encountered during
operation of the NEG Port, ranges from North Carolina to Greenland
(Reeves et al., 2002; Wilson and Ruff 1999). In the western North
Atlantic, long-finned pilot whales are pelagic, occurring in especially
high densities in winter and spring over the continental slope, then
moving inshore and onto the shelf in summer and autumn following squid
and mackerel populations (Reeves et al., 2002). They frequently travel
into the central and northern Georges Bank, Great South Channel, and
Gulf of Maine areas during the summer and early fall (May and October)
(NOAA 1993). According to the species stock report, the population
estimate for the Western North Atlantic long-finned pilot whale is
5,636 individuals (Waring et al., 2010). Currently, there are
insufficient data to determine population trends for the long-finned
pilot whale.
Atlantic White-Sided Dolphin
In spring, summer and fall, Atlantic white-sided dolphins are
widespread throughout the southern Gulf of Maine, with the high-use
areas widely located either side of the 100-m (328-ft) isobath along
the northern edge of Georges Bank, and north from the Great South
Channel to Stellwagen Bank, Jeffreys Ledge, Platts Bank and Cashes
Ledge. In spring, high-use areas exist in the Great South Channel,
northern Georges Bank, the steeply sloping edge of Davis Bank and Cape
Cod, southern Stellwagen Bank and the waters between Jeffreys Ledge and
Platts Bank. In summer, there is a shift and expansion of habitat
toward the east and northeast. High-use areas are identified along most
of the northern edge of Georges Bank between the 50- and 200-m (164-
and 656-ft) isobaths and northward from the Great South Channel along
the slopes of Davis Bank and Cape Cod. High numbers of sightings are
also recorded over Truxton Swell, Wilkinson Basin, Cashes Ledge and the
bathymetrically complex area northeast of Platts Bank. High numbers of
sightings of white-sided dolphin are recorded within SBNMS in all
seasons, with highest density in summer and most widespread
distributions in spring located mainly over the southern end of
Stellwagen Bank. In winter, high numbers of sightings are recorded at
the northern tip of Stellwagen Bank and Tillies Basin.
A comparison of spatial distribution patterns for all baleen whales
(Mysticeti) and all porpoises and dolphins combined show that both
groups have very similar spatial patterns of high- and low-use areas.
The baleen whales, whether piscivorous or planktivorous, are more
concentrated than the dolphins and porpoises. They utilize a corridor
that extended broadly along the most linear and steeply sloping edges
in the southern Gulf of Maine indicated broadly by the 100-m (328-ft)
isobath. Stellwagen Bank and Jeffreys Ledge support a high abundance of
baleen whales throughout the year. Species richness maps indicate that
high-use areas for individual whales and dolphin species co-occur,
resulting in similar patterns of species richness primarily along the
southern portion of the 100-m (328-ft) isobath extending northeast and
northwest from the Great South Channel. The southern edge of Stellwagen
Bank and the waters around the northern tip of Cape Cod are also
highlighted as supporting high cetacean species richness. Intermediate
to high numbers of species are also calculated for the waters
surrounding Jeffreys Ledge, the entire Stellwagen Bank, Platts Bank,
Fippennies Ledge and Cashes Ledge. The best estimate of abundance for
the western North Atlantic stock of white-sided dolphins is 48,819
(Waring et al., 2016). A trend analysis has not been conducted for this
species.
Killer Whale, Common Dolphin, Bottlenose Dolphin, Risso's Dolphin, and
Harbor Porpoise
Although these five species are some of the most widely distributed
small cetacean species in the world (Jefferson et al., 1993), they are
not commonly seen in the vicinity of the proposed project area in
Massachusetts Bay (Wiley et al., 1994; Northeast Gateway Marine Mammal
Monitoring Weekly Reports 2007). The total number of killer whales off
the eastern U.S. coast is unknown, and present data are insufficient to
calculate a minimum population estimate or to determine the population
trends for this stock (Blaylock et al., 1995). The best estimate of
abundance for the western North Atlantic stock of common dolphins is
173,486 animals, and a trend analysis has not been conducted for this
species (Waring et al., 2016). There are several stocks of bottlenose
dolphins found along the eastern United States from Maine to Florida.
The stock that may occur in the area of the Neptune Port is the western
North Atlantic coastal northern migratory stock of bottlenose dolphins.
The best estimate of abundance for this stock is 11,548 animals (Waring
et al., 2016). There are insufficient data to determine the population
trend for this stock. The best estimate of abundance for the western
North Atlantic stock of Risso's dolphins is 18,250 animals (Waring et
al., 2016). There are insufficient data to determine the population
trend for this stock. The best estimate of abundance for the Gulf of
Maine/Bay of Fundy stock of harbor porpoise is 79,833 animals (Waring
et al., 2016). A trend analysis has not been conducted for this
species.
Harbor Seal and Gray Seal
In the U.S. waters of the western North Atlantic, both harbor and
gray seals are usually found from the coast of Maine south to southern
New England and New York (Waring et al., 2010).
Along the southern New England and New York coasts, harbor seals
occur seasonally from September through late May (Schneider and Payne
1983). In recent years, their seasonal interval along the southern New
England to New Jersey coasts has increased (deHart 2002). In U.S.
waters, harbor seal breeding and pupping normally occur in waters north
of the New Hampshire/Maine border, although breeding has occurred as
far south as Cape Cod in the early part of the 20th century (Temte et
al., 1991; Katona et al., 1993). The best estimate of abundance for the
western North Atlantic stock of harbor seals is 75,834 animals (Waring
et al., 2016). Although gray seals are often seen off the coast from
New England to Labrador, within the U.S. waters, only small numbers of
gray seals have been observed pupping on several isolated islands along
the Maine coast and in Nantucket-Vineyard Sound, Massachusetts (Katona
et al., 1993; Rough, 1995). In the late 1990s, a year-
[[Page 80020]]
round breeding population of approximately 400 gray seals was
documented on outer Cape Cod and Muskeget Island (Warring et al.,
2007). Depending on the model used, the minimum estimate for the
Canadian gray seal population was estimated to range between 125,541
and 169,064 animals (Trzcinski et al., 2005, cited in Waring et al.,
2009); however, present data are insufficient to calculate the minimum
population estimate for U.S. waters. Waring et al. (2016) note that
gray seal abundance in the U.S. Atlantic is likely increasing, but the
rate of increase is unknown.
Table 1--Marine Mammal Species Potentially Present in Region of Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species ESA Status MMPA Status Abundance Range Occurrence
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale......... Endangered........... Depleted............. 476.................. N. Atlantic.......... Occasional.
Humpback whale..................... Endangered........... Depleted............. 823.................. N. Atlantic.......... Occasional.
Fin whale.......................... Endangered........... Depleted............. 1618................. N. Atlantic.......... Occasional.
Sei whale.......................... Endangered........... Depleted............. 357.................. N. Atlantic.......... Occasional.
Minke whale........................ Not listed........... Non-depleted......... 20741................ N. Atlantic.......... Occasional.
Long-finned pilot whale............ Not listed........... Non-depleted......... 5636................. N. Atlantic.......... Occasional.
Atlantic white-sided dolphin....... Not listed........... Non-depleted......... 48819................ N. Atlantic.......... Occasional.
Bottlenose dolphin................. Not listed........... Non-depleted......... 11548................ N. Atlantic.......... Uncommon.
Common dolphin..................... Not listed........... Non-depleted......... 173486............... N. Atlantic.......... Uncommon.
Killer whale....................... Not listed........... Non-depleted......... Unknown.............. N. Atlantic.......... Uncommon.
Risso's dolphin.................... Not listed........... Non-depleted......... 18250................ N. Atlantic.......... Uncommon.
Harbor porpoise.................... Not listed........... Non-depleted......... 79833................ N. Atlantic.......... Uncommon.
Harbor Seal........................ Not listed........... Non-depleted......... 75834................ N. Atlantic.......... Occasional.
Gray seal.......................... Not listed........... Non-depleted......... Unknown.............. N. Atlantic.......... Occasional.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potential Effects of the Specified Activity on Marine Mammals
This section includes a summary and discussion of the ways that the
types of stressors associated with the specified activity (e.g., pile
removal and pile driving) have been observed to impact marine mammals.
This discussion may also include reactions that we consider to rise to
the level of a take and those that we do not consider to rise to the
level of a take (for example, with acoustics, we may include a
discussion of studies that showed animals not reacting at all to sound
or exhibiting barely measurable avoidance). This section is intended as
a background of potential effects and does not consider either the
specific manner in which this activity will be carried out or the
mitigation that will be implemented and how either of those will shape
the anticipated impacts from this specific activity. The ``Estimated
Take by Incidental Harassment'' section later in this document will
include a quantitative analysis of the number of individuals that are
expected to be taken by this activity. The ``Negligible Impact
Analysis'' section will include the analysis of how this specific
activity will impact marine mammals and will consider the content of
this section, the ``Estimated Take by Incidental Harassment'' section,
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on
Marine Mammal Habitat'' section to draw conclusions regarding the
likely impacts of this activity on the reproductive success or
survivorship of individuals and from that on the affected marine mammal
populations or stocks.
When considering the influence of various kinds of sound on the
marine environment, it is necessary to understand that different kinds
of marine life are sensitive to different frequencies of sound. Based
on available behavioral data, audiograms have been derived using
auditory evoked potentials, anatomical modeling, and other data. NMFS
(2016) designate ``marine mammal hearing groups'' for marine mammals
and estimate the lower and upper frequencies of functional hearing of
the groups. The marine mammal hearing groups and the associated
frequencies are indicated below (though animals are less sensitive to
sounds at the outer edge of their range and most sensitive to sounds of
frequencies within a smaller range somewhere in the middle of their
hearing range):
Low frequency cetaceans (13 species of mysticetes):
Functional hearing is estimated to occur between approximately 7 Hertz
(Hz) and 35 kilo Hertz (kHz);
Mid-frequency cetaceans (32 species of dolphins, six
species of larger toothed whales, and 19 species of beaked and
bottlenose whales): Functional hearing is estimated to occur between
approximately 150 Hz and 160 kHz;
High frequency cetaceans (eight species of true porpoises,
six species of river dolphins, Kogia, the franciscana, and four species
of cephalorhynchids): Functional hearing is estimated to occur between
approximately 275 Hz and 160 kHz;
Phocid pinnipeds (true seals): Functional hearing is
estimated between 50 Hz to 86 kHz; and
Otariid pinnipeds (sea lions and fur seals): Functional
hearing is estimated between 60 Hz to 39 kHz.
Species found in the vicinity of the NEG Port and Pipeline Lateral
operations and maintenance and repair area include five low-frequency
cetacean species (North Atlantic right whale, humpback whale, fin
whale, sei whale, and minke whale), six mid-frequency cetacean species
(long-finned pilot whale, Atlantic white-sided dolphin, bottlenose
dolphin, common dolphin, Risso's dolphin, and killer whale), one high-
frequency cetacean species (harbor porpoise), and two pinniped species
(harbor seal and gray seal) (Table 1).
The proposed NEG Port operations and maintenance and repair
activities could adversely affect marine mammal species and stocks by
exposing them to elevated noise levels in the vicinity of the activity
area.
Marine mammals exposed to high intensity sound repeatedly or for
prolonged periods can experience hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain frequency ranges (Kastak et
al., 1999; Schlundt et al., 2000; Finneran et al., 2002; 2005). TS can
be permanent (PTS), in which case the loss of hearing sensitivity is
unrecoverable, or temporary (TTS), in which case the animal's hearing
threshold will recover over time (Southall et al., 2007). Since marine
mammals depend on acoustic cues for vital biological functions, such as
orientation, communication, finding
[[Page 80021]]
prey, and avoiding predators, marine mammals that suffer from PTS or
TTS will have reduced fitness in survival and reproduction, either
permanently or temporarily. Repeated noise exposure that leads to TTS
could cause PTS.
In addition, chronic exposure to excessive, though not high-
intensity, noise could cause masking at particular frequencies for
marine mammals that utilize sound for vital biological functions (Clark
et al., 2009). Acoustic masking can interfere with detection of
acoustic signals such as communication calls, echolocation sounds, and
environmental sounds important to marine mammals. Therefore, under
certain circumstances, marine mammals whose acoustical sensors or
environment are being severely masked could also be impaired from
maximizing their performance fitness in survival and reproduction.
Masking occurs at the frequency band which the animals utilize.
Therefore, since noise generated from in-water vibratory pile driving
and removal is mostly concentrated at low frequency ranges, it may have
less effect on high frequency echolocation sounds by odontocetes
(toothed whales). However, lower frequency man-made noises are more
likely to affect detection of communication calls and other potentially
important natural sounds such as surf and prey noise. It may also
affect communication signals when they occur near the noise band and
thus reduce the communication space of animals (e.g., Clark et al.,
2009) and cause increased stress levels (e.g., Foote et al., 2004; Holt
et al., 2009).
Unlike TS, masking can potentially affect the species at
population, community, or even ecosystem levels, as well as individual
levels. Masking affects both senders and receivers of the signals and
could have long-term chronic effects on marine mammal species and
populations. Recent science suggests that low frequency ambient sound
levels have increased by as much as 20 decibel (dB) (more than 3 times
in terms of sound pressure level (SPL)) in the world's ocean from pre-
industrial periods, and most of these increases are from distant
shipping (Hildebrand 2009). All anthropogenic noise sources, such as
those from vessel traffic, vessel docking, and stationing while
operating DP thrusters, dredging and pipe laying associated with NEG
Port and Pipeline Lateral maintenance and repair, and NEG
regasification activities, contribute to the elevated ambient noise
levels, thus increasing potential for or severity of masking.
Finally, exposure of marine mammals to certain sounds could lead to
behavioral disturbance (Richardson et al., 1995), such as: changing
durations of surfacing and dives, number of blows per surfacing, or
moving direction and/or speed; reduced/increased vocal activities;
changing/cessation of certain behavioral activities (such as
socializing or feeding); visible startle response or aggressive
behavior (such as tail/fluke slapping or jaw clapping); avoidance of
areas where noise sources are located; and/or flight responses (e.g.,
pinnipeds flushing into water from haulouts or rookeries).
The biological significance of many of these behavioral
disturbances is difficult to predict, especially if the detected
disturbances appear minor. However, the consequences of behavioral
modification are expected to be biologically significant if the change
affects growth, survival, and/or reproduction.
The onset of behavioral disturbance from anthropogenic noise
depends on both external factors (characteristics of noise sources and
their paths) and the receiving animals (hearing, motivation,
experience, demography) and is also difficult to predict (Southall et
al., 2007). Currently NMFS uses 160 dB re 1 microPascal (root-mean-
square) ([mu]Pa (rms)) at received level for impulse noises (such as
impact pile driving) as the onset of marine mammal behavioral
harassment, and 120 dB re 1 [mu]Pa (rms) for non-impulse noises (such
as operating DP thrusters, dredging, pipe laying, and NEG
regasification). No impulse noise is expected from the NEG and
Algonquin's proposed NEG Port and Pipeline Lateral operation,
maintenance, and repair activities. For the NEG Port and Pipeline
Lateral operations and maintenance and repair activities, only the 120
dB re 1 [mu]Pa (rms) threshold is considered because only non-impulse
noise sources would be generated.
Potential Effects on Marine Mammal Habitat
The proposed action area is considered biologically important
habitat for the North Atlantic right, fin, humpback, and minke whales
during part of the seasons, and it is adjacent to the SBNMS. There is
no critical habitat in the vicinity of the proposed action area.
NEG Port Operations
Operation of the NEG Port will not result in short-term effects,
however, long-term effects on the marine environment, including
alteration of the seafloor conditions, continued disturbance of the
seafloor, regular withdrawal of sea water, and regular generation of
underwater noise, will result from NEG Port operations. Specifically, a
small area (0.14 acre) along the Pipeline Lateral has been permanently
altered (armored) at two cable crossings. In addition, the structures
associated with the NEG Port (flowlines, mooring wire rope and chain,
suction anchors, and pipeline end manifolds) occupy 4.8 acres of
seafloor. An additional area of the seafloor of up to 43 acres (worst
case scenario based on severe 100-year storm with Energy Bridge
Regasification Vehicle (EBRV) occupying both submerged turret loading
(STL) buoys will be subject to disturbance due to chain sweep while the
buoys are occupied. Given the relatively small size of the NEG Port
area that will be directly affected by Port operations, NMFS does not
anticipate that habitat loss will be significant.
EBRVs are currently authorized to withdraw an average of 4.97
million gallons per day (mgd) and 2.6 billion gallons per year of sea
water for general ship operations during cargo delivery activities at
the NEG Port. However, as we explained in the Federal Register notice
for the 2015 IHA (78 FR 69049; November 18, 2013), during the
operations of the NEG Port facility, it was revealed that significantly
more water usage is needed than what was originally evaluated in the
final USCG Environmental Impact Statement/Environmental Impact Report
(EIS/EIR). The updates for the needed water intake and discharge
temperature are:
11 billion gallons of total annual water use at the Port;
Maximum daily intake volume of up to 56 mgd at a rate of
0.45 ft per second when an EBRV is not able to achieve the heat
recovery system (HRS) it is the capability of reducing water use during
the regasification process) mode of operation; and,
Maximum daily change in discharge temperature of 12[ordm]C
(53.6[ordm]F) from ambient from the vessel's main condenser cooling
system.
Under the requested water-use scenario, Tetra Tech (2011) conducted
an environmental analysis on the potential impacts to marine mammals
and their prey. To evaluate impacts to phytoplankton under the
increased water usage, the biomass of phytoplankton lost from the
Massachusetts Bay ecosystem was estimated based on the method presented
in the final EIS/EIR. Phytoplankton densities of 65,000 to 390,000
cells/gallon were multiplied by the annual planned activities of
withdrawal rate of 11 billion gallons to estimate a loss of 7.15 x
10\14\ to 4.29 x
[[Page 80022]]
10\15\ cells per year. Assuming a dry-weight biomass of
10-10 to 10-11 gramper cell (g/cell), an
estimated 7.2 kilograms (kg) to 429 kg of biomass would be lost from
Massachusetts Bay under the proposed activity, up to approximately 4.2
times that estimated in the final EIS/EIR for the permitted operational
scenario. An order of magnitude estimate of the effect of this annual
biomass loss on the regional food web can be calculated assuming a 10
percent transfer of biomass from one trophic level to the next (Sumich
1988) following the method used in the final EIS/EIR. This suggests
that the loss of 7.2 kg to 429 kg of phytoplankton will result in the
loss of about 0.7 kg to 42.9 kg of zooplankton, less than 0.1 kg to 4.3
kg of small planktivorous fish, and up to 0.4 kg of large piscivorous
fish (approximately equivalent to a single 1=pound striped bass).
Relative to the biomass of these trophic levels in the project area,
this biomass loss is minor and consistent with the findings in the
final EIS/EIR.
In addition, zooplankton losses will also increase proportionally
to the increase in water withdrawn. The final EIS/EIR used densities of
zooplankton determined by the sampling conducted by the Massachusetts
Water Resource Authority (MWRA) to characterize the area around its
offshore outfall and assumed a mean zooplankton density of 34.9 x 10\3\
organisms per m\3\. Applying this density, the water withdrawal volume
under the proposed activity would result in the entrainment of 2.2 x
10\10\ zooplankton individuals per trip or 1.5 x 10\12\ individuals per
year. Assuming an average biomass of 0.63 x10\-6\ g per individual,
this would result in the loss of 14.1 kg of zooplankton per shipment or
916.5 kg of zooplankton per year. As discussed for phytoplankton,
biomass transfers from one trophic level to the next at a rate of about
10 percent. Therefore, this entrainment of zooplankton would result in
loss of about 91.6 kg of planktivorous fish and 9.2 kg of large
piscivorous fish (approximately equivalent to two 9-pound striped
bass). These losses are minor relative to the total biomass of these
trophic levels in Massachusetts Bay.
Finally, ichthyoplankton (fish eggs and larvae) losses and
equivalent age one juvenile fish estimates under the proposed activity
were made based on actual monthly ichthyoplankton data collected in the
port area from October 2005 through December 2009 and the proposed
activity withdrawal volume of 11 billion gallons per year evenly
distributed among months (0.92 billion gallons per month) as a worst-
case scenario, representing the maximum number of NEG Port deliveries
during any given month. Similarly, the lower, upper, and mean annual
entrainment estimates are based on the lower and upper 95 percent
confidence limits, of the monthly mean ichthyoplankton densities, and
the monthly mean estimates multiplied by the monthly withdrawal rate of
0.92 billion gallons per month. At this withdrawal rate approximately
106 million eggs and 67 million larvae are estimated to be lost (see
Table 4.2-2 of the IHA application). The most abundant species and life
stages estimated to be entrained under the proposed activity are cunner
post yolk-sac larvae (33.3 million), yellowtail flounder/Labridae eggs
(27.4 million) and hake species eggs (18.7 million). Together, these
species and life stages accounted for approximately 46 percent of the
total entrainment estimated. Entrainment was estimated to be highest in
June through July when 97.4 million eggs and larvae (approximately 57
percent of the annual total) were estimated to be entrained. However,
the demand for natural gas and corresponding NEG Port activities will
likely be greatest during the winter heating season (November through
March) when impacts from entrainment will likely be lower.
These estimated losses are not significant given the very high
natural mortality of ichthyoplankton. This comparison was done in the
final EIS/EIR where ichthyoplankton losses based on historic regional
ichthyoplankton densities and a withdrawal rate of approximately 2.6
billion gallons per year were represented by the equivalent number of
age-one fish. Under the final EIS/EIR withdrawal scenario, equivalent
age-one losses due to entrainment ranged from 1 haddock to 43,431 sand
lance (Tetra Tech 2010). Equivalent age-one losses under the conditions
when no NEG Port operation occurrence were recalculated using Northeast
Gateway monitoring data in order to facilitate comparisons between the
permitted scenario and the updated scenario. Using Northeast Gateway
monitoring data, withdrawal of 2.6 billion gallons per year would
result in equivalent age-one losses ranging from less than 1 haddock to
5,602 American sand lance. By comparison, equivalent age one losses
under the proposed activity withdrawal rate of 11 billion gallons per
year ranged from less than 1 haddock to 23,701 sand lance and were
generally similar to or less than those in the final EIS/EIR.
Substantially more equivalent age-one Atlantic herring, pollock, and
butterfish were estimated to be lost under the final EIS/EIR at a
withdrawal rate of 2.6 billion gallons per year, while substantially
more equivalent age-one Atlantic cod, silver hake and hake species,
cunner, and Atlantic mackerel are estimated to be lost under the
proposed activity.
Although no reliable annual food consumption rates of baleen whales
are available for comparison, based on the calculated quantities of
phytoplankton, zooplankton, and ichthyoplankton removal analyzed above,
it is reasonable to conclude that baleen whale predation rates would
dwarf any reasonable estimates of prey removals by NEG Port operations.
NEG Port Maintenance
As stated earlier, NEG Port will require scheduled maintenance
inspections using either divers or remote operated vehicles (ROVs). The
duration of these inspections are not anticipated to be more than two
8-hour working days. An EBRV will not be required to support these
annual inspections. Water usage during the NEG Port maintenance would
be limited to the standard requirements of NEG's normal support vessel.
As with all vessels operating in Massachusetts Bay, sea water uptake
and discharge is required to support engine cooling, typically using a
once-through system. The rate of seawater uptake varies with the ship's
horsepower and activity and therefore will differ between vessels and
activity type. For example, the Gateway Endeavor is a 90-foot vessel
powered with a 1,200-horsepower diesel engine with a four-pump seawater
cooling system. This system requires seawater intake of about 68
gallons per minute (gpm) while idling and up to about 150 gpm at full
power. Use of full power is required generally for transit. A
conservatively high estimate of vessel activity for the Gateway
Endeavor would be operation at idle for 75 percent of the time and full
power for 25 percent of the time. During the routine activities this
would equate to approximately 42,480 gallons of seawater per 8-hour
work day. When compared to the engine cooling requirements of an EBRV
over an 8-hour period (approximately 18 million gallons), the Gateway
Endeavour uses about 0.2 percent of the EBRV requirement. To put this
water use into context, potential effects from the water-use scenario
of 56 mgd have been concluded to be orders of magnitude less than the
natural fluctuations of Massachusetts Bay and Cape Cod Bay and not
detectable. Water use by support vessels during routine port
[[Page 80023]]
activities would not materially add to the overall impacts.
Certain maintenance and repair activities may also require the
presence of an EBRV at the NEG Port. Such instances may include
maintenance and repair on the STL Buoy, vessel commissioning, and any
onboard equipment malfunction or failure occurring while a vessel is
present for cargo delivery. Because the requested water-use scenario
allows for daily water use of up to 56 mgd to support standard EBRV
requirements when not operating in the HRS mode, vessels would be able
to remain at the NEG Port as necessary to support all such maintenance
and repair scenarios. Therefore, NMFS considers that NEG Port
maintenance and repair would have negligible impacts to marine mammal
habitat in the proposed activity area.
Unanticipated Algonquin Pipeline Lateral Maintenance and Repair
As stated earlier, proper care and maintenance of the Pipeline
Lateral should minimize the likelihood of an unanticipated maintenance
and/or repair event. However, unanticipated activities may occur from
time to time if facility components become damaged or malfunction.
Unanticipated repairs may range from relatively minor activities
requiring minimal equipment and one or two diver/ROV support vessels to
major activities requiring larger construction-type vessels similar to
those used to support the construction and installation of the
facility.
Major repair activities, although unlikely, may include repairing
or replacement of pipeline manifolds or sections of the Pipeline
Lateral. This type of work would likely require the use of large
specialty construction vessels such as those used during the
construction and installation of the NEG Port and Pipeline Lateral. The
duration of a major unplanned activity would depend upon the type of
repair work involved and would require careful planning and
coordination.
Turbidity would likely be a potential effect of Pipeline Lateral
maintenance and repair activities on listed species. In addition, the
possible removal of benthic or planktonic species, resulting from
relatively minor construction vessel water use requirements, as
measured in comparison to EBRV water use, is unlikely to affect in a
measurable way the food sources available to marine mammals. Thus, any
impacts to marine mammal habitat are not expected to cause significant
or long-term consequences for individual marine mammals or their
populations.
Proposed Mitigation Measures
In order to issue an incidental take authorization under section
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable adverse impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses. NMFS regulations
require applicants for incidental take authorizations to include
information about the availability and feasibility (economic and
technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat.
For the proposed NEG's NEG Port operations and maintenance and
repair activities, Excelerate and Tetra Tech worked with NMFS to
develop mitigation measures to minimize the potential impacts to marine
mammal populations in the project vicinity as a result of the NEG Port
and Pipeline Lateral operations and maintenance and repair activities.
The primary purpose of these proposed mitigation measures is to ensure
that no marine mammal would be injured or killed by vessels transiting
the NEG Port facility, and to minimize the intensity of noise exposure
of marine mammals in the activity area. For the proposed NEG Port and
Pipeline Lateral operations and maintenance and repair, the following
mitigation measures are proposed.
(a) General Marine Mammal Avoidance Measures
All vessels shall utilize the International Maritime Organization
(IMO)-approved Boston Traffic Separation Scheme (TSS) on their approach
to and departure from the NEG Port and/or the repair/maintenance area
at the earliest practicable point of transit in order to avoid the risk
of whale strikes.
Upon entering the TSS and areas where North Atlantic right whales
are known to occur, including the Great South Channel Seasonal
Management Area (GSC-SMA) and the SBNMS, EBRVs shall go into
``Heightened Awareness'' as described below.
(1) Prior to entering and navigating the modified TSS, the Master
of the vessel shall:
Consult Navigational Telex (NAVTEX), NOAA Weather Radio,
the NOAA Right Whale Sighting Advisory System (SAS) or other means to
obtain current right whale sighting information as well as the most
recent Cornell acoustic monitoring buoy data for the potential presence
of marine mammals;
Post a look-out to visually monitor for the presence of
marine mammals;
Provide the USCG required 96-hour notification of an
arriving EBRV to allow the NEG Port manager to notify Cornell of vessel
arrival.
(2) The look-out shall concentrate his/her observation efforts
within the 2-mile radius ZOI from the maneuvering EBRV.
(3) If marine mammal detection was reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic monitoring buoy, the look-out shall
concentrate visual monitoring efforts towards the areas of the most
recent detection.
(4) If the look-out (or any other member of the crew) visually
detects a marine mammal within the 2-mile radius ZOI of a maneuvering
EBRV, he/she will take the following actions:
The Officer-of-the-Watch shall be notified immediately;
who shall then relay the sighting information to the Master of the
vessel to ensure action(s) can be taken to avoid physical contact with
marine mammals; and
The sighting shall be recorded in the sighting log by the
designated look-out.
In accordance with 50 CFR 224.103(c), all vessels associated with
NEG Port and Pipeline Lateral activities shall not approach closer than
500 yards (yd, 460 m) to a North Atlantic right whale and 100 yd (91 m)
to other whales to the extent physically feasible given navigational
constraints. In addition, when approaching and departing the project
area, vessels shall be operated so as to remain at least 1 kilometer
away from any visually-detected North Atlantic right whales.
In response to active right whale sightings and active acoustic
detections, and taking into account exceptional circumstances, EBRVs as
well as repair and maintenance vessels shall take appropriate actions
to minimize the risk of striking whales. Specifically vessels shall:
(1) Respond to active right whale sightings and/or Dynamic
Management Areas (DMAs) reported on the Mandatory Ship Reporting (MSR)
or SAS by concentrating monitoring efforts towards the area of most
recent detection and reducing speed to 10 knots or less if the vessel
is within the boundaries of a DMA or within the circular area centered
on an area 8 nautical miles (nmi) in radius from a sighting location;
[[Page 80024]]
(2) Respond to active acoustic detections by concentrating
monitoring efforts towards the area of most recent detection and
reducing speed to 10 knots or less within an area 5 nm in radius
centered on the detecting auto-detection buoy (AB); and
(3) Respond to additional sightings made by the designated look-
outs within a 2-mile radius of the vessel by slowing the vessel to 10
knots or less and concentrating monitoring efforts towards the area of
most recent sighting.
All vessels operated under NEG and Algonquin must follow the
established specific speed restrictions when calling at the NEG Port.
The specific speed restrictions required for all vessels (i.e., EBRVs
and vessels associated with maintenance and repair) consist of the
following:
(1) Vessels shall reduce their maximum transit speed while in the
TSS from 12 knots or less to 10 knots or less from March 1 to April 30
in all waters bounded by straight lines connecting the following points
in the order stated below unless an emergency situation dictates for an
alternate speed. This area shall hereafter be referred to as the Off
Race Point Seasonal Management Area (ORP-SMA) and tracks NMFS
regulations at 50 CFR 224.105:
42[deg]30' N. 70[deg]30' 41[deg]40' N. 69[deg]57' W.
W.
42[deg]30' N. 69[deg]45' 42[deg]12' N. 70[deg]15' W.
W.
41[deg]40' N. 69[deg]45' 42[deg]12' N. 70[deg]30' W.
W.
42[deg]04.8' N. 42[deg]30' N. 70[deg]30' W.;
70[deg]10' W.
(2) Vessels shall reduce their maximum transit speed while in the
TSS to 10 knots or less unless an emergency situation dictates for an
alternate speed from April 1 to July 31 in all waters bounded by
straight lines connecting the following points in the order stated
below. This area shall hereafter be referred to as the GSC-SMA and
tracks NMFS regulations at 50 CFR 224.105:
42[deg]30' N. 69[deg]45' 41[deg]40' N. 69[deg]45' W.
W.
42[deg]30' N. 67[deg]27' 42[deg]30' N. 69[deg]45' W.
W.
42[deg]09' N. 41[deg]00' N. 69[deg]05' W.;
67[deg]08.4' W.
(3) Vessels are not expected to transit the Cape Cod Bay or the
Cape Cod Canal; however, in the event that transit through the Cape Cod
Bay or the Cape Cod Canal is required, vessels shall reduce maximum
transit speed to 10 knots or less from January 1 to May 15 in all
waters in Cape Cod Bay, extending to all shorelines of Cape Cod Bay,
with a northern boundary of 42[deg]12' N. latitude and the Cape Cod
Canal. This area shall hereafter be referred to as the Cape Cod Bay
Seasonal Management Area (CCB-SMA);
(4) All Vessels transiting to and from the project area shall
report their activities to the mandatory reporting Section of the USCG
to remain apprised of North Atlantic right whale movements within the
area. All vessels entering and exiting the MSRA shall report their
activities to WHALESNORTH. Vessel operators shall contact the USCG by
standard procedures promulgated through the Notice to Mariner system;
(5) All Vessels greater than or equal to 300 gross tons (GT) shall
maintain a speed of 10 knots or less, unless an emergency situation
requires speeds greater than 10 knots; and
(6) All Vessels less than 300 GT traveling between the shore and
the project area that are not generally restricted to 10 knots will
contact the Mandatory Ship Reporting (MSR) system, the USCG, or the
project site before leaving shore for reports of active DMAs and/or
recent right whale sightings and, consistent with navigation safety,
restrict speeds to 10 knots or less within 5 miles (mi) (8 km) of any
sighting location, when traveling in any of the seasonal management
areas (SMAs) or when traveling in any active DMA.
(b) NEG Port-Specific Operations
In addition to the general marine mammal avoidance requirements
identified above, vessels calling on the NEG Port must comply with the
following additional requirements:
(1) EBRVs shall travel at 10 knots maximum speed when transiting
to/from the TSS or to/from the NEG Port/Pipeline Lateral area. For
EBRVs, at 1.86 mi (3 km) from the NEG Port, speed will be reduced to 3
knots and to less than 1 knot at 1,640 ft (500 m) from the NEG buoys,
unless an emergency situation dictates the need for an alternate speed;
(2) EBRVs that are approaching or departing from the NEG Port and
are within the Area to be Avoided (ATBA) surrounding the NEG Port,
shall remain at least 1 km away from any visually-detected North
Atlantic right whale and at least 100 yd (91 m) away from all other
visually-detected whales unless an emergency situation requires that
the vessel stay its course. During EBRV maneuvering, the Vessel Master
shall designate at least one look-out to be exclusively and
continuously monitoring for the presence of marine mammals at all times
while the EBRV is approaching or departing from the NEG Port;
(3) During NEG Port operations, in the event that a whale is
visually observed within 1 km of the NEG Port or a confirmed acoustic
detection is reported on either of the two ABs closest to the NEG Port
(western-most in the TSS array), departing EBRVs shall delay their
departure from the NEG Port, unless an emergency situation requires
that departure is not delayed. This departure delay shall continue
until either the observed whale has been visually (during daylight
hours) confirmed as more than 1 km from the NEG Port or 30 minutes have
passed without another confirmed detection either acoustically within
the acoustic detection range of the two ABs closest to the NEG Port, or
visually within 1 km from the NEG Port.
Vessel captains shall focus on reducing DP thruster power to the
maximum extent practicable, taking into account vessel and Port safety,
during the operation activities. Vessel captains will shut down
thrusters whenever they are not needed.
(c) Planned and Unplanned Maintenance and Repair Activities
NEG Port
(1) The Northeast Gateway shall conduct empirical source level
measurements on all noise emitting from construction equipment and all
vessels that are involved in maintenance/repair work.
(2) If DP systems are to be employed and/or activities will emit
noise with a source level of 139 dB re 1 [mu]Pa at 1 m, activities
shall be conducted in accordance with the requirements for DP systems
listed above.
(3) Northeast Gateway shall provide the NMFS Headquarters Office of
the Protected Resources, NMFS Northeast Region Ship Strike Coordinator,
and SBNMS with a minimum of 30-days notice prior to any planned repair
and/or maintenance activity. For any unplanned/emergency repair/
maintenance activity, Northeast Gateway shall notify the agencies as
soon as it determines that repair work must be conducted. Northeast
Gateway shall continue to keep the agencies apprised of repair work
plans as further details (e.g., the time, location, and nature of the
repair) become available. A final notification shall be provided to
agencies 72 hours prior to crews being deployed into the field.
Pipeline Lateral
(1) Pipeline maintenance/repair vessels less than 300 GT traveling
between the shore and the maintenance/repair area that are not
generally
[[Page 80025]]
restricted to 10 knots shall contact the MSR system, the USCG, or the
project site before leaving shore for reports of active DMAs and/or
recent right whale sightings and, consistent with navigation safety,
restrict speeds to 10 knots or less within 5 mi (8 km) of any sighting
location, when travelling in any of the seasonal management areas
(SMAs) as defined above.
(2) Maintenance/repair vessels greater than 300 GT shall not exceed
10 knots, unless an emergency situation that requires speeds greater
than 10 knots.
(3) Planned maintenance and repair activities shall be restricted
to the period between May 1 and November 30 when most of the majority
of North Atlantic right whales are absent in the area.
(4) Unplanned/emergency maintenance and repair activities shall be
conducted utilizing anchor-moored dive vessel whenever operationally
possible.
(5) Algonquin shall also provide the NMFS Office of the Protected
Resources, NMFS Northeast Region Ship Strike Coordinator, and SBNMS
with a minimum of 30-day notice prior to any planned repair and/or
maintenance activity. For any unplanned/emergency repair/maintenance
activity, Northeast Gateway shall notify the agencies as soon as it
determines that repair work must be conducted. Algonquin shall continue
to keep the agencies apprised of repair work plans as further details
(e.g., the time, location, and nature of the repair) become available.
A final notification shall be provided to agencies 72 hours prior to
crews being deployed into the field.
(6) If DP systems are to be employed and/or activities will emit
noise with a source level of 139 dB re 1 [mu]Pa at 1 m, activities
shall be conducted in accordance with the requirements for DP systems
listed in (5)(b)(ii).
(7) In the event that a whale is visually observed within 0.5 mi
(0.8 km) of a repair or maintenance vessel, the vessel superintendent
or on-deck supervisor shall be notified immediately. The vessel's crew
shall be put on a heightened state of alert and the marine mammal shall
be monitored constantly to determine if it is moving toward the repair
or maintenance area.
(8) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @1 m or higher when a right whale is sighted within or
approaching at 500 yd (457 meters) from the vessel. The source level of
139 dB corresponds to 120 dB received level at 500 yd (457 meters).
Repair and maintenance work may resume after the marine mammal is
positively reconfirmed outside the established zones (500 yd (457
meters)) or 30 minutes have passed without a redetection. Any vessels
transiting the maintenance area, such as barges or tugs, must also
maintain these separation distances.
(9) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @1 m or higher when a marine mammal other than a right whale is
sighted within or approaching at 100 yd (91 m) from the vessel. Repair
and maintenance work may resume after the marine mammal is positively
reconfirmed outside the established zones (100 yd (91 meters)) or 30
minutes have passed without a redetection. Any vessels transiting the
maintenance area, such as barges or tugs, must also maintain these
separation distances.
(10) Algonquin and associated contractors shall also comply with
the following:
Operations involving excessively noisy equipment (source
level exceeding 139 dB re 1[mu]Pa @1 m) shall ``ramp-up'' sound
sources, allowing whales a chance to leave the area before sounds reach
maximum levels. In addition, Northeast Gateway, Algonquin, and other
associated contractors shall maintain equipment to manufacturers'
specifications, including any sound-muffling devices or engine covers
in order to minimize noise effects. Noisy construction equipment shall
only be used as needed and equipment shall be turned off when not in
operation;
Any material that has the potential to entangle marine
mammals (e.g., anchor lines, cables, rope or other construction debris)
shall only be deployed as needed and measures shall be taken to
minimize the chance of entanglement;
For any material that has the potential to entangle marine
mammals, such material shall be removed from the water immediately
unless such action jeopardizes the safety of the vessel and crew as
determined by the Captain of the vessel; and
In the event that a marine mammal becomes entangled, the
marine mammal coordinator and/or protected species observer (PSO) will
notify NMFS (if outside the SBNMS), and SBNMS staff (if inside the
SBNMS) immediately so that a rescue effort may be initiated.
(11) All maintenance/repair activities shall be scheduled to occur
between May 1 and November 30. However, in the event of unplanned/
emergency repair work that cannot be scheduled during the preferred May
through November work window, the following additional measures shall
be followed for Pipeline Lateral maintenance and repair related
activities between December and April:
Between December 1 and April 30, if on-board PSOs do not
have at least 0.5-mile visibility, they shall call for a shutdown. At
the time of shutdown, the use of thrusters must be minimized. If there
are potential safety problems due to the shutdown, the captain will
decide what operations can safely be shut down;
Prior to leaving the dock to begin transit, the barge
shall contact one of the PSOs on watch to receive an update of
sightings within the visual observation area. If the PSO has observed a
North Atlantic right whale within 30 minutes of the transit start, the
vessel shall hold for 30 minutes and again get a clearance to leave
from the PSOs on board. PSOs shall assess whale activity and visual
observation ability at the time of the transit request to clear the
barge for release;
Transit route, destination, sea conditions and any marine
mammal sightings/mitigation actions during watch shall be recorded in
the log book. Any whale sightings within 1,000 meters of the vessel
shall result in a high alert and slow speed of 4 knots or less and a
sighting within 750 m shall result in idle speed and/or ceasing all
movement;
The material barges and tugs used in repair and
maintenance shall transit from the operations dock to the work sites
during daylight hours when possible provided the safety of the vessels
is not compromised. Should transit at night be required, the maximum
speed of the tug shall be 5 knots; and
All repair vessels must maintain a speed of 10 knots or
less during daylight hours. All vessels shall operate at 5 knots or
less at all times within 5 km of the repair area.
Acoustic Monitoring Related Activities
Vessels associated with maintaining the AB network operating as
part of the mitigation/monitoring protocols shall adhere to the
following speed restrictions and marine mammal monitoring requirements.
(1) In accordance with 50 CFR 224.103 (c), all vessels associated
with NEG Port activities shall not approach closer than 500 yd (460
meters) to a North Atlantic right whale.
(2) All vessels shall obtain the latest DMA or right whale sighting
information via the NAVTEX, MSR,
[[Page 80026]]
SAS, NOAA Weather Radio, or other available means prior to operations.
Mitigation Conclusions
NMFS has carefully evaluated the applicant's proposed mitigation
measures in the context of ensuring that NMFS prescribes the means of
effecting the least practicable impact on the affected marine mammal
species and stocks and their habitat. Our evaluation of potential
measures included consideration of the following factors in relation to
one another:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed below:
(1) Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal);
(2) A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to received
levels of pile driving and pile removal or other activities expected to
result in the take of marine mammals (this goal may contribute to 1,
above, or to reducing harassment takes only);
(3) A reduction in the intensity of exposures (either total number
or number at biologically important time or location) to received
levels of pile driving, or other activities expected to result in the
take of marine mammals (this goal may contribute to a, above, or to
reducing the severity of harassment takes only);
(4) Avoidance or minimization of adverse effects to marine mammal
habitat, paying special attention to the food base, activities that
block or limit passage to or from biologically important areas,
permanent destruction of habitat, or temporary destruction/disturbance
of habitat during a biologically important time and
(5) For monitoring directly related to mitigation--an increase in
the probability of detecting marine mammals, thus allowing for more
effective implementation of the mitigation.
Based on our evaluation of the applicant's proposed measures that
include vessel speed reduction, noise level related shutdown measures,
and ramping up procedures, NMFS has preliminarily determined that the
proposed mitigation measures provide the means of effecting the least
practicable impact on marine mammals species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Proposed Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth, ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the proposed action area.
Tetra Tech submitted a marine mammal monitoring plan as part of the IHA
application. It can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be modified or supplemented based on
comments or new information received from the public during the public
comment period.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
(1) An increase in the probability of detecting marine mammals,
both within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
(2) An increase in our understanding of how many marine mammals are
likely to be exposed to levels of pile driving that we associate with
specific adverse effects, such as behavioral harassment, TTS, or PTS;
(3) An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
[ssquf] Behavioral observations in the presence of stimuli compared
to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information); and
[ssquf] Distribution and/or abundance comparisons in times or areas
with concentrated stimuli versus times or areas without stimuli;
(4) An increased knowledge of the affected species; and
(5) An increase in our understanding of the effectiveness of
certain mitigation and monitoring measures.
Proposed Monitoring Measures
(a) Vessel-Based Visual Monitoring
Vessel-based monitoring for marine mammals shall be done by trained
look-outs during NEG Port and Pipeline Lateral operations and
maintenance and repair activities. The observers shall monitor the
occurrence of marine mammals near the vessels during NEG Port and
Pipeline Lateral related activities. Lookout duties include watching
for and identifying marine mammals; recording their numbers, distances,
and reactions to the activities; and documenting ``take by
harassment.'' The vessel look-outs assigned to visually monitor for the
presence of marine mammals shall be provided with the following:
(1) Recent NAVTEX, NOAA Weather Radio, SAS and/or acoustic
monitoring buoy detection data;
(2) Binoculars to support observations;
(3) Marine mammal detection guide sheets; and
(4) Sighting log.
(b) NEG NEG Port Operations
All individuals onboard the EBRVs responsible for the navigation
duties and any other personnel that could be assigned to monitor for
marine mammals shall receive training on marine mammal sighting/
reporting and vessel strike avoidance measures.
While an EBRV is navigating within the designated TSS, there shall
be three people with look-out duties on or near the bridge of the ship
including the Master, the Officer-of-the-Watch and the Helmsman-on-
watch. In addition to the standard watch procedures, while the EBRV is
transiting within the designated TSS, maneuvering within the ATBA, and/
or while actively engaging in the use of thrusters, an additional look-
out shall be designated to exclusively and continuously monitor for
marine mammals.
[[Page 80027]]
All sightings of marine mammals by the designated look-out,
individuals posted to navigational look-out duties, and/or any other
crew member while the EBRV is transiting within the TSS, maneuvering
within the ATBA and/or when actively engaging in the use of thrusters,
shall be immediately reported to the Officer-of-the-Watch who shall
then alert the Master. The Master or Officer-of-the-Watch shall ensure
the required reporting procedures are followed and the designated
marine mammal look-out records all pertinent information relevant to
the sighting.
Visual sightings made by look-outs from the EBRVs shall be recorded
using a standard sighting log form. Estimated locations shall be
reported for each individual and/or group of individuals categorized by
species when known. This data shall be entered into a database and a
summary of monthly sighting activity shall be provided to NMFS.
Estimates of take and copies of these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned Maintenance and Repair
Two qualified and NMFS-approved PSOs shall be assigned to each
vessel that will use DP systems during maintenance and repair related
activities. PSOs shall operate individually in designated shifts to
accommodate adequate rest schedules. Additional PSOs shall be assigned
to additional vessels if AB data indicates that sound levels exceed 120
dB re 1 [micro]Pa, further then 100 m (328 ft) from these vessels.
All PSOs shall receive NMFS-approved marine mammal observer
training and be approved in advance by NMFS after review of their
resume. All PSOs shall have direct field experience on marine mammal
vessels and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico.
PSOs (one primary and one secondary) shall be responsible for
visually locating marine mammals at the ocean's surface and, to the
extent possible, identifying the species. The primary PSO shall act as
the identification specialist and the secondary PSO will serve as data
recorder and also assist with identification. Both PSOs shall have
responsibility for monitoring for the presence of marine mammals and
sea turtles. Specifically PSO's shall:
(1) Monitor at all hours of the day, scanning the ocean surface by
eye for a minimum of 40 minutes every hour;
(2) Monitor the area where maintenance and repair work is conducted
beginning at daybreak using 25x power binoculars and/or hand-held
binoculars. Night vision devices must be provided as standard equipment
for monitoring during low-light hours and at night;
(3) Conduct general 360[deg] visual monitoring during any given
watch period and target scanning by the observer shall occur when
alerted of a whale presence;
(4) Alert the vessel superintendent or construction crew supervisor
of visual detections within 2 mi (3.31 km) immediately;and
(5) Record all sightings on marine mammal field sighting logs.
Specifically, all data shall be entered at the time of observation,
notes of activities will be kept, and a daily report prepared and
attached to the daily field sighting log form. The basic reporting
requirements include the following:
Beaufort sea state;
Wind speed;
Wind direction;
Temperature;
Precipitation;
Glare;
Percent cloud cover;
Number of animals;
Species;
Position;
Distance;
Behavior;
Direction of movement; and
Apparent reaction to construction activity.
In the event that a whale is visually observed within the 2-mi
(3.31-km) ZOI of a DP vessel or other construction vessel that has
shown to emit noise with source level in excess of 139 dB re 1 [mu]Pa
@1 m, the PSO will notify the repair/maintenance construction crew to
minimize the use of thrusters until the animal has moved away, unless
there are divers in the water or an ROV is deployed.
(d) Acoustic Monitoring
Northeast Gateway shall deploy 10 ABs within the Separation Zone of
the TSS for the operational life of the Project. The ABs shall be used
to detect a calling North Atlantic right whale an average of 5 nmi from
each AB. The AB system shall be the primary detection mechanism that
alerts the EBRV Master to the occurrence of right whales, heightens
EBRV awareness, and triggers necessary mitigation actions as described
above. Northeast Gateway shall conduct short-term passive acoustic
monitoring to document sound levels during:
(1) The initial operational events in the 2015-2016 winter heating
season;
(2) Regular deliveries outside the winter heating season should
such deliveries occur; and
(3) Scheduled and unscheduled maintenance and repair activities.
Northeast Gateway shall conduct long-term monitoring of the noise
environment in Massachusetts Bay in the vicinity of the NEG Port and
Pipeline Lateral using marine autonomous recording units (MARUs) when
there is anticipated to be more than 5 NEG shipments in a 30-day period
or over 20 shipments in a 6-month period.
The acoustic data collected shall be analyzed to document the
seasonal occurrences and overall distributions of whales (primarily
fin, humpback and right whales) within approximately 10 nmi of the NEG
Port and shall measure and document the noise ``budget'' of
Massachusetts Bay so as to eventually assist in determining whether or
not an overall increase in noise in the Bay associated with the Project
might be having a potentially negative impact on marine mammals.
Northeast Gateway shall make all acoustic data, including data
previously collected by the MARUs during prior construction,
operations, and maintenance and repair activities, available to NOAA.
Data storage will be the responsibility of NOAA.
(e) Acoustic Whale Detection and Response Plan
NEG Port Operations
(1) Ten ABs that have been deployed since 2007 shall be used to
continuously screen the low-frequency acoustic environment (less than
1,000 Hertz) for right whale contact calls occurring within an
approximately 5-nm radius from each buoy (the AB's detection range).
(2) Once a confirmed detection is made, the Master of any EBRVs
operating in the area will be alerted immediately.
NEG Port and Pipeline Lateral Planned and Unplanned/Emergency Repair
and Maintenance Activities
(1) If the repair/maintenance work is located outside of the
detectible range of the 10 project area ABs, Northeast Gateway and
Algonquin shall consult with NOAA (NMFS and SBNMS) to determine if the
work to be conducted warrants the temporary installation of an
additional AB(s) to help detect and provide early warnings for
potential occurrence of right whales in the vicinity of the repair
area.
(2) The number of ABs installed around the activity site shall be
commensurate with the type and spatial extent of maintenance/repair
work required, but must be sufficient to detect
[[Page 80028]]
vocalizing right whales within the 120-dB impact zone.
(3) Should acoustic monitoring be deemed necessary during a planned
or unplanned/emergency repair and/or maintenance event, active
monitoring for right whale calls shall begin 24 hours prior to the
start of activities.
(4) Source level data from the acoustic recording units deployed in
the NEG Port and/or Pipeline Lateral maintenance and repair area shall
be provided to NMFS.
Proposed Reporting Measures
(a) Throughout NEG Port and Pipeline Lateral operations, Northeast
Gateway and Algonquin shall provide a monthly Monitoring Report. The
Monitoring Report shall include:
Both copies of the raw visual EBRV lookout sighting
information of marine mammals that occurred within 2 miles of the EBRV
while the vessel transits within the TSS, maneuvers within the ATBA,
and/or when actively engaging in the use of thrusters, and a summary of
the data collected by the look-outs over each reporting period;
Copies of the raw PSO sightings information on marine
mammals gathered during pipeline repair or maintenance activities. This
visual sighting data shall then be correlated to periods of thruster
activity to provide estimates of marine mammal takes (per species/
species class) that took place during each reporting period; and
Conclusion of any planned or unplanned/emergency repair
and/or maintenance period, a report shall be submitted to NMFS
summarizing the repair/maintenance activities, marine mammal sightings
(both visual and acoustic), empirical source-level measurements taken
during the repair work, and any mitigation measures taken.
(b) During the maintenance and repair of NEG Port and Pipeline
Lateral components, weekly status reports shall be provided to NOAA
(both NMFS and SBNMS) using standardized reporting forms. The weekly
reports shall include data collected for each distinct marine mammal
species observed in the repair/maintenance area during the period that
maintenance and repair activities were taking place. The weekly reports
shall include the following information:
Location (in longitude and latitude coordinates), time,
and the nature of the maintenance and repair activities;
Indication of whether a DP system was operated, and if so,
the number of thrusters being used and the time and duration of DP
operation;
Marine mammals observed in the area (number, species, age
group, and initial behavior);
The distance of observed marine mammals from the
maintenance and repair activities;
Changes, if any, in marine mammal behaviors during the
observation;
A description of any mitigation measures (power-down,
shutdown, etc.) implemented;
Weather condition (Beaufort sea state, wind speed, wind
direction, ambient temperature, precipitation, and percent cloud cover
etc.);
Condition of the observation (visibility and glare); and
Details of passive acoustic detections and any action
taken in response to those detections.
(d) Injured/Dead Protected Species Reporting
In the unanticipated event that survey operations clearly cause the
take of a marine mammal in a manner prohibited by the proposed IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), NEG and/or
Algonquin shall immediately cease activities and immediately report the
incident to the Supervisor of the Incidental Take Program, Permits and
Conservation Division, Office of Protected Resources, NMFS and the
Northeast Regional Stranding Coordinators. The report must include the
following information:
Time, date, and location (latitude/longitude) of the
incident;
The name and type of vessel involved;
The vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of marine mammal observations in the 24 hours
preceding the incident;
Species identification or description of the animal(s)
involved;
The fate of the animal(s); and
Photographs or video footage of the animal (if equipment
is available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with NEG and/or
Algonquin to determine what is necessary to minimize the likelihood of
further prohibited take and ensure Marine Mammal Protection Act (MMPA)
compliance. NEG and/or Algonquin may not resume their activities until
notified by NMFS via letter, email, or telephone.
In the event that NEG and/or Algonquin discovers an injured or dead
marine mammal, and the lead PSO determines that the cause of the injury
or death is unknown and the death is relatively recent (i.e., in less
than a moderate state of decomposition as described in the next
paragraph), NEG and/or Algonquin will immediately (i.e., within 24
hours of the discovery) report the incident to the Supervisor of the
Incidental Take Program, Permits and Conservation Division, Office of
Protected Resources, NMFS, and the NMFS Northeast Stranding
Coordinators. The report must include the same information identified
above. Activities may continue while NMFS reviews the circumstances of
the incident. NMFS will work with NEG and/or Algonquin to determine
whether modifications in the activities are appropriate.
In the event that NEG or Algonquin discovers an injured or dead
marine mammal, and the lead PSO determines that the injury or death is
not associated with or related to the activities authorized (if the IHA
is issued) (e.g., previously wounded animal, carcass with moderate to
advanced decomposition, or scavenger damage), NEG and/or Algonquin
shall report the incident to the Supervisor of the Incidental Take
Program, Permits and Conservation Division, Office of Protected
Resources, NMFS, and the NMFS Northeast Stranding Coordinators, within
24 hours of the discovery. NEG and/or Algonquin shall provide
photographs or video footage (if available) or other documentation of
the stranded animal sighting to NMFS and the Marine Mammal Stranding
Network. NEG and/or Algonquin can continue its operations under such a
case.
Marine Mammal Monitoring Report From Previous IHA
Prior marine mammal monitoring during NEG Port and Pipeline Lateral
operation, maintenance and repair activities and monthly marine mammal
observation memorandums (NEG 2010; 2015; 2016) indicate that only a
small number of marine mammals were observed during these activities.
Only one NEG Port operation occurred within the dates of the current
IHA (starting December 23, 2015) and only one unidentified small whale
was observed at a distance of 2 nmi from the NEG vessel on January 17,
2016. No other NEG Port and Pipeline Lateral related activity occurred
during this period.
[[Page 80029]]
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment). Only take by Level B harassment is
anticipated as a result of NEG's operation and maintenance and repair
activities. Anticipated take of marine mammals is associated with
operation of dynamic positioning during the docking of the NEG vessels
and positioning of maintenance and dive vessels, and by operations of
certain machinery during maintenance and repair activities. The
regasification process itself is an activity that does not rise to the
level of taking, as the modeled source level for this activity is 108
dB. Certain species may have a behavioral reaction to the sound emitted
during the activities. Hearing impairment is not anticipated.
Additionally, vessel strikes are not anticipated, especially because of
the speed restriction measures that are proposed that were described
earlier in this document.
The full suite of potential impacts to marine mammals was described
in detail in the ``Potential Effects of the Specified Activity on
Marine Mammals'' section found earlier in this document. The potential
effects of sound from the proposed NEG Port and Pipeline Lateral
operations, maintenance and repair activities might include one or more
of the following: masking of natural sounds and behavioral disturbance
(Richardson et al., 1995). As discussed earlier in this document, the
most common impact will likely be from behavioral disturbance,
including avoidance of the ensonified area or changes in speed,
direction, and/or diving profile of the animal. Hearing impairment (TTS
and PTS) is highly unlikely to occur based on low noise source levels
from the proposed activities that would preclude marine mammals from
being exposed to noise levels high enough to cause hearing impairment.
For non-pulse sounds, such as those produced by operating DP
thruster during vessel docking and supporting underwater construction
and repair activities and the operations of various machineries that
produces non-pulse noises, NMFS uses the 120 dB (rms) re 1 [mu]Pa
isopleth to indicate the onset of Level B harassment.
The basis for Northeast Gateway and Algonquin's ``take'' estimate
is the number of marine mammals that would be exposed to sound levels
in excess of 120 dB, which is the threshold used by NMFS for non-pulse
sounds. For the NEG Port and Pipeline Lateral operations and
maintenance and repair activities, the take estimates are determined by
multiplying the 120-dB ensonified area by local marine mammal density
estimates, and then multiplying by the estimated number of days such
activities would occur during a year-long period. For the NEG Port
operations, the 120-dB ensonified area is 56.8 km\2\ for a single visit
during docking when running DP system. Although two EBRV docking with
simultaneous DP system running was modeled, this situation would not
occur in reality. For NEG Port and Pipeline Lateral maintenance and
repair activities, modeling based on the empirical measurements showed
that the distance of the 120-dB radius is expected to be 3.5 km, making
a maximum 120-dB ZOI of approximately 40.7 km\2\.
NEG Port and Algonquin Pipeline Lateral Activities Acoustic Footprints
I. NEG Port Operations
For the purposes of understanding the noise footprint of operations
at the NEG Port, measurements taken to capture operational noise
(docking, undocking, regasification, and EBRV thruster use) during the
2006 Gulf of Mexico field event were taken at the source. Measurements
taken during EBRV transit were normalized to a distance of 328 ft (100
m) to serve as a basis for modeling sound propagation at the NEG Port
site in Massachusetts Bay.
Sound propagation calculations for operational activities were then
completed at two positions in Massachusetts Bay to determine site-
specific distances to the 120/160/180 dB isopleths:
Operations Position 1--Port (EBRV Operations):
70[deg]36.261' W. and 42[deg]23.790' N.; and
Operations Position 2--Boston TSS (EBRV Transit):
70[deg]17.621' W. and 42[deg]17.539' N.
At each of these locations sound propagation calculations were
performed to determine the noise footprint of the operation activity at
each of the specified locations. Updated acoustic modeling was
completed using Tetra Tech's underwater sound propagation program which
utilizes a version of the publicly available Range Dependent Acoustic
Model (RAM). Based on the U.S. Navy's Standard Split-Step Fourier
Parabolic Equation, this modeling methodology considers range and depth
along with a geo-referenced dataset to automatically retrieve the time
of year information, bathymetry, and seafloor geoacoustic properties
along the given propagation transects radiating from the sound source.
The calculation methodology assumes that outgoing energy dominates over
scattered energy, and computes the solution for the outgoing wave
equation. An approximation is used to provide two-dimensional
transmission loss values in range and depth, i.e., computation of the
transmission loss as a function of range and depth within a given
radial plane is carried out independently of neighboring radials,
reflecting the assumption that sound propagation is predominantly away
from the source. Transects were run along compass points at angular
directions ranging from 0 to 360[deg] in 5 degree increments. The
received underwater sound levels at any location within the region of
interest are computed from the \1/3\-octave band source levels by
subtracting the numerically modelled transmission loss at each \1/3\-
octave band center frequency and summing across all frequencies to
obtain a broadband value. The resultant underwater sound pressure
levels to the 120 dB isopleth is presented in Table 2.
Table 2--Radii of 120-dB SPL Isopleths From NEG Port and Algonquin
Pipeline Lateral Operations, Maintenance, and Repair Activities
------------------------------------------------------------------------
120-dB
Activities Radius to 120- ensonified area
dB zone (m) (km\2\)
------------------------------------------------------------------------
One EBRV docking procedure with 4,250 56.8
support vessel.....................
Barge/tug (pulling & pushing)/ 3,500 40.7
construction vessel/barge @mid-
pipeline...........................
------------------------------------------------------------------------
[[Page 80030]]
II. NEG Port Maintenance and Repair
Modeling analysis conducted for the construction of the NEG Port
concluded that the only underwater noise of critical concern during NEG
Port construction would be from vessel noises such as turning screws,
engine noise, noise of operating machinery, and thruster use. To
confirm these modeled results and better understand the noise footprint
associated with construction activities at the NEG Port, field
measurements were taken of various construction activities during the
2007 NEG Port and Pipeline Lateral Construction period. Measurements
were taken and normalized as described to establish the ``loudest''
potential construction measurement event. One position within
Massachusetts Bay was then used to determine site-specific distances to
the 120/180 dB isopleths for NEG Port maintenance and repair
activities:
Construction Position 1. Port: 70[deg]36.261' W. and 42[deg]23.790'
N.
Sound propagation calculations were performed to determine the
noise footprint of the construction activity. The results showed that
the estimated distance from the loudest source involved in construction
activities fell to 120 dB re 1 [mu]Pa at a distance of 3,500 m.
III. Algonquin Pipeline Lateral Operation and Maintenance Activities
Modeling analysis conducted during the NEG Port and Pipeline
Lateral construction concluded that the only underwater noise of
critical concern during such activities would be from vessel noises
such as turning screws, engine noise, noise of operating machinery, and
thruster use. As with construction noise at the NEG Port, to confirm
modeled results and better understand the noise footprint associated
with construction activities along the Pipeline Lateral, field
measurements were taken of various construction activities during the
2007 NEG Port and Algonquin Pipeline Lateral construction period.
Measurements were taken and normalized to establish the ``loudest''
potential construction measurement event. Two positions within
Massachusetts Bay were then used to determine site-specific distances
to the 120/160/180 dB isopleths:
Construction Position 2. PLEM: 70[deg]46.755' W. and
42[deg]28.764' N.; and
Construction Position 3. Mid-Pipeline: 70[deg]40.842' W.
and 42[deg]31.328' N.
Sound propagation calculations were performed to determine the
noise footprint of the construction activity. The results of the
distances to the 120-dB are shown in Table 2.
Since the issuance of an IHA to NEG on December 22, 2015, there was
only one NEG delivery at the NEG Port in January 2015. NEG expects that
when the Port is under full operation, it will receive up to 65 NEG
shipments per year, and would require 14 days for NEG Port maintenance
and up to 40 days for planned and unplanned Algonquin Pipeline Lateral
maintenance and repair.
Marine Mammal Densities
The density calculation methodology applied to take estimates for
this application is derived from the model results produced by Roberts
et al. (2016) for the east coast region. These files are available Duke
University's Habitat-based Cetacean Density Models Web site: http://
http://seamap.env.duke.edu/models/Duke-EC-GOM-2015/. The estimated mean
monthly abundance for each species for each month was an average of
each month. Monthly values were not modeled for some species (e.g.
killer whale), therefore, only the single value was reported. Estimates
provided by the models are based on a grid cell size of 100 km\2\,
therefore, model grid cell values were divided by 100 to determine
animals per km\2\. Gray seal and harbor seal densities are not provided
in the Roberts et al. (2016) models. Seal densities were derived from
the Strategic Environmental Research and Development Program (SERDP)
using the Navy Oparea Density Estimate (NODE) model for the Northeast
Opareas. (Best et al., 2012). A summary of the each species density is
provided in Table 3 below.
Table 3--Estimated Species Densities
[Animals per km\2\]
------------------------------------------------------------------------
Mean monthly
Species densities
------------------------------------------------------------------------
North Atlantic right whale.............................. 0.000838
Fin whale............................................... 0.00225
Humpback whale.......................................... 0.00502
Minke whale............................................. 0.00354
Sei whale............................................... 0.000025
Long-finned Pilot whale................................. 0.00135
Killer whale............................................ 0.0000089
Atlantic white-sided dolphin............................ 0.0219
Bottlenose dolphin...................................... 0.0113
Common dolphin.......................................... 0.0025
Risso's dolphin......................................... 0.00025
Harbor porpoise......................................... 0.0804
Gray seal............................................... 0.027
Harbor seal............................................. 0.097
------------------------------------------------------------------------
Marine Mammal Take Calculation
Based on NEG Gateway's expectations of up to 65 NEG shipments per
year, and up to 14 days for NEG Port maintenance and up to 40 days for
planned and unplanned Algonquin Pipeline Lateral repair, the total
estimated takes in a given year is calculated based on the following
equation.
N = ANEG * D * 65 + APort * D * 14 +
APipeline * D * 40
Where N is the take number for a given species with average density
of D. ANEG, APort, and APipeline are
the 120-dB ZOI during EMRV vessel docking for regasification, NEG Port
maintenance, and Algonquin Pipeline Lateral repair, respectively. A
summary of expected takes is provided in Table 4. Since it is very
likely that individual animals could be ``taken'' by harassment
multiple times, the percentages are the upper boundary of the animal
population that could be affected. The actual number of individual
animals being exposed or taken would likely be less. Since no
population/stock estimates for killer whale and gray seal is available,
the percentage of estimated takes for these species is unknown.
Nevertheless, since Massachusetts Bay represents only a small fraction
of the western North Atlantic basin where these animals occur, NMFS has
preliminarily determined that the takes of 10 killer whales and 30 gray
seals represent a small fraction of the population and stocks of these
species (Table 4). There is no danger of injury, death, or hearing
impairment from the exposure to these noise levels.
Table 4--Estimated Annual Takes of Marine Mammals From the NEG Port and Algonquin Pipeline Lateral Operations
and Maintenance and Repair Activities in Massachusetts Bay
----------------------------------------------------------------------------------------------------------------
Number of
Species Population/stock takes % Population
----------------------------------------------------------------------------------------------------------------
Right whale............................ Western Atlantic.......... 5 1.36%.
[[Page 80031]]
Fin whale.............................. Western North Atlantic.... 13 0.82%.
Humpback whale......................... Gulf of Maine............. 30 3.59%.
Sei whale.............................. Nova Scotia............... 1 0.04%.
Minke whale............................ Canadian East Coast....... 21 0.10%.
Long-finned pilot whale................ Western North Atlantic.... 8 0.14%.
Killer whale........................... Western North Atlantic.... 1 Unknown.*
Atlantic white-sided dolphin........... Western North Atlantic.... 129 0.26%.
Bottlenose dolphin..................... Western North Atlantic 67 0.58%.
Southern Migratory.
Short-beaked common dolphin............ Western North Atlantic.... 15 0.01%.
Risso's dolphin........................ Western North Atlantic.... 2 0.01%.
Harbor porpoise........................ Gulf of Maine/Bay of Fundy 474 0.59%.
Harbor seal............................ Western North Atlantic.... 571 0.75%.
Gray seal.............................. Western North Atlantic.... 159 Unknown.*
----------------------------------------------------------------------------------------------------------------
* Killer whale and gray seal abundance information is not available.
Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing
On August 4, 2016, NMFS released its Technical Guidance for
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing
(Guidance). This new guidance established new thresholds for predicting
auditory injury, which equates to Level A harassment under the MMPA. In
the Federal Register notice (81 FR 51694), NMFS explained the approach
it would take during a transition period, wherein we balance the need
to consider this new best available science with the fact that some
applicants have already committed time and resources to the development
of analyses based on our previous guidance and have constraints that
preclude the recalculation of take estimates, as well as where the
action is in the agency's decision-making pipeline. In that Notice, we
included a non-exhaustive list of factors that would inform the most
appropriate approach for considering the new Guidance, including: The
scope of effects; how far in the process the applicant has progressed;
when the authorization is needed; the cost and complexity of the
analysis; and the degree to which the guidance is expected to affect
our analysis.
In this case, we performed an analysis using the new Guidance to
calculate potential takes of marine mammal by Level A harassment. The
results show that given the brief duration of the NEG operations, NEG
Port maintenance, and Algonquin Pipeline Lateral repair activities, no
marine mammals would be exposed to received noise levels that would
cause auditory injury.
Analysis and Preliminary Determinations
Negligible Impact
Negligible impact is ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival'' (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes,
alone, is not enough information on which to base an impact
determination. In addition to considering estimates of the number of
marine mammals that might be ``taken'' through behavioral harassment,
NMFS must consider other factors, such as the likely nature of any
responses (their intensity, duration, etc.), the context of any
responses (critical reproductive time or location, migration, etc.), as
well as the number and nature of estimated Level A harassment takes,
the number of estimated mortalities, effects on habitat, and the status
of the species.
To avoid repetition, this introductory discussion of our analyses
applies to all the species listed in Table 4, given that the
anticipated effects of NEG Port and Pipeline Lateral operations,
maintenance, and repair activities on marine mammals (taking into
account the proposed mitigation) are expected to be relatively similar
in nature. Where there are meaningful differences between species or
stocks, or groups of species, in anticipated individual responses to
activities, impact of expected take on the population due to
differences in population status, or impacts on habitat, they are
described separately in the analysis below.
No injuries or mortalities are anticipated to occur as a result of
NEG Port and Pipeline Lateral operations, maintenance, and repair
activities, and none are authorized. Additionally, animals in the area
are not expected to incur hearing impairment (i.e., TTS or PTS) or non-
auditory physiological effects. The takes that are anticipated and
authorized are expected to be limited to short-term Level B behavioral
harassment. While NEG expects that when the Port is under full
operation, it will receive up to 65 NEG shipments per year, and would
require 14 days for NEG Port maintenance and up to 40 days for planned
and unplanned Pipeline Lateral maintenance and repair, schedules of NEG
delivery would occur throughout the year, which include seasons certain
marine mammals may not be present in the area.
Effects on marine mammals are generally expected to be restricted
to avoidance of a limited area around NEG's proposed activities and
short-term changes in behavior, falling within the MMPA definition of
``Level B harassment.'' Mitigation measures, such as controlled vessel
speed, dedicated marine mammal observers, and passive acoustic
monitoring, will ensure that takes are within the level being analyzed.
In all cases, the effects are expected to be short-term, with no
lasting biological consequence.
Of the 14 marine mammal species likely to occur in the proposed
marine survey area, North Atlantic right, humpback, fin, and sei whales
are listed as endangered under the ESA. These species are also
designated as ``depleted'' under the MMPA. None of the other species
that may occur in the project area are listed as threatened or
endangered under the ESA or
[[Page 80032]]
designated as depleted under the MMPA.
The project area of the NEG and Algonquin's proposed activities is
a biologically important area (BIA) for feeding for the North Atlantic
right whale in February to April, humpback whale in March to December,
fin whale year-round, and minke whale in March to November (LaBrecque
et al., 2015). However, as stated earlier, the NEG and Algonquin's
proposed action would only involve short duration of elevated noise
levels. In addition, based on prior monitoring reports, on average NEG
only had one NEG delivery event per year, and this trend is likely to
continue. Therefore, the actual impacts to these species from the
Northeast Gateway's proposed operations would likely be much less than
what are analyzed here. There are no known important areas for other
species within the action area.
Regarding adverse effect to marine mammal habitat, the major
potential impact would be the loss of prey due to water intake for
cooling during the NEG regasification process. Under the requested
water-use scenario, it is estimated that a dry-weight biomass of 916.5
kg of zooplankton per year (translates to 9.2 kg of large piscivorous
fish) would be lost per year. The amount of loss is minor relative to
the total biomass of the trophic level in Massachusetts Bay.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from NEG and Algonquin's proposed NEG Port and Pipeline
Lateral operation, maintenance, and repair activities in Masschusetts
Bay are not expected to have adversely affect the affected species or
stocks through impacts on annual rates of recruitment or survival, and
therefore will have a negligible impact on the affected marine mammal
species or stocks.
Small Numbers
The requested takes represent less than 3.6 percent of all
populations or stocks potentially impacted (see Table 4 in this
document). These take estimates represent the percentage of each
species or stock that could be taken by Level B behavioral harassment
and TTS (Level B harassment). The numbers of marine mammals estimated
to be taken are small proportions of the total populations of the
affected species or stocks. In addition, the mitigation and monitoring
measures (described previously in this document) prescribed in the IHA
are expected to reduce even further any potential disturbance to marine
mammals.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that small numbers of marine mammals will be taken
relative to the populations of the affected species or stocks.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
There are no subsistence uses of marine mammals in the proposed
project area and, thus, no subsistence uses impacted by this action.
Therefore, NMFS has determined that the total taking of affected
species or stocks would not have an unmitigable adverse impact on the
availability of such species or stocks for taking for subsistence
purposes.
Endangered Species Act (ESA)
Our November 18, 2013, Federal Register notice of the proposed IHA
described the history and status of Endangered Species Act (ESA)
compliance for the NEG NEG facility (78 FR 69049). As explained in that
notice, the biological opinions for construction and operation of the
facility only analyzed impacts on ESA-listed species from activities
under the initial construction period and during operations, and did
not take into consideration potential impacts to marine mammals that
could result from the subsequent NEG Port and Pipeline Lateral
maintenance and repair activities. In addition, NEG also revealed that
significantly more water usage and vessel operating air emissions are
needed from what was originally evaluated for the NEG Port operation.
NMFS PR1 initiated consultation with NMFS Greater Atlantic Region
Fisheries Office under section 7 of the ESA on the proposed issuance of
an IHA to NEG under section 101(a)(5)(D) of the MMPA for the proposed
activities that include increased NEG Port and Pipeline Lateral
maintenance and repair and water usage for the NEG Port operations this
activity. A Biological Opinion was issued on November 21, 2014, and
concluded that the proposed action may adversely affect but is not
likely to jeopardize the continued existence of ESA-listed right,
humpback, fin, and sei whales.
NMFS' Permits and Conservation Division has preliminarily
determined that the activities described in here are the same as those
analyzed in the November 21, 2014, Biological Opinion. Therefore, a new
consultation is not required for issuance of this IHA.
National Environmental Policy Act
MARAD and the USCG released a Final EIS/Environmental Impact Report
(EIR) for the proposed NEG Port and Pipeline Lateral. NMFS was a
cooperating agency (as defined by the Council on Environmental Quality
(40 CFR 1501.6)) in the preparation of the Draft and Final EISs. NMFS
reviewed the Final EIS and adopted it on May 4, 2007. NMFS issued a
separate Record of Decision for issuance of authorizations pursuant to
section 101(a)(5) of the MMPA for the construction and operation of the
NEG Port Facility in Massachusetts Bay.
We have reviewed the NEG's application for a renewed IHA for
ongoing activities for 2015-16 and the 2014-15 monitoring report. Based
on that review, we have determined that the proposed action is very
similar to that considered in the previous IHA. In addition, no
significant new circumstances or information relevant to environmental
concerns have been identified. Thus, we have determined preliminarily
that the preparation of a new or supplemental NEPA document is not
necessary.
Proposed Incidental Harassment Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to Northeast Gateway and Algonquin for activities
associated with Northeast Gateway's NEG Port and Algonquin's Pipeline
Lateral operations and maintenance and repair activities in the
Massachusetts Bay, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. The proposed
IHA language is provided next.
(1) This Authorization is valid from December 22, 2015, through
December 21, 2016.
(2) This Authorization is valid only for activities associated with
Northeast Gateway's NEG Port and Algonquin's Pipeline Lateral
operations and maintenance and repair activities in the Massachusetts
Bay. The specific area of the activities is shown in Figure 2-1 of the
Excelerate Energy, L.P. and Tetra Tech, Inc.'s IHA application.
(3)(a) The species authorized for incidental harassment takings,
Level B harassment only, are: Right whales (Eubalaena glacialis); fin
whales (Balaenoptera physalus); humpback whales (Megaptera
novaeangliae); minke whales (B. acutorostrata); sei whales (B.
borealis); long-finned pilot
[[Page 80033]]
whales (Globicephala melas); Atlantic white-sided dolphins
(Lagenorhynchus acutus); bottlenose dolphins (Tursiops truncatus);
short-beaked common dolphins (Delphinus delphis); Risso's dolphin
(Grampus griseus); killer whales (Orcinus orca); harbor porpoises
(Phocoena phocoena); harbor seals (Phoca vitulina); and gray seals
(Halichoerus grypus).
(3)(b) The authorization for taking by harassment is limited to the
following acoustic sources and from the following activities:
(i) NEG Port operations;
(ii) NEG Port maintenance and repair; and
(iii) Algonquin Pipeline Lateral operations and maintenance.
(3)(c) The taking of any marine mammal in a manner prohibited under
this Authorization must be reported within 24 hours of the taking to
the National Marine Fisheries Service (NMFS) Greater Atlantic Regional
Administrator or his designee, NMFS Headquarters Chief of the Permits
and Conservation Division, Office of Protected Resources, NMFS, at
(301-427-8401), or her designee (301-427-8418).
(4) Prohibitions
(a) The taking, by incidental harassment only, is limited to the
species listed under condition 3(a) above and by the numbers listed in
Table 4. The taking by Level A harassment, injury or death of these
species or the taking by harassment, injury or death of any other
species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
(5) Mitigation
The holder of this authorization is required to implement the
following mitigation measures:
(a) General Marine Mammal Avoidance Measures
(i) All vessels shall utilize the International Maritime
Organization (IMO)-approved Boston Traffic Separation Scheme (TSS) on
their approach to and departure from the NEG Port and/or the repair/
maintenance area at the earliest practicable point of transit in order
to avoid the risk of whale strikes.
(ii) Upon entering the TSS and areas where North Atlantic right
whales are known to occur, including the Great South Channel Seasonal
Management Area (GSC-SMA) and the Stellwagen Bank National Marine
Sanctuary (SBNMS), the Energy Bridge Regasification Vessel (EBRV) shall
go into ``Heightened Awareness'' as described below.
(A) Prior to entering and navigating the modified TSS the Master of
the vessel shall:
(I) Consult Navigational Telex (NAVTEX), NOAA Weather Radio, the
NOAA Right Whale Sighting Advisory System (SAS) or other means to
obtain current right whale sighting information as well as the most
recent Cornell acoustic monitoring buoy data for the potential presence
of marine mammals;
(II) Post a look-out to visually monitor for the presence of marine
mammals;
(III) Provide the U.S. Coast Guard (USCG) the required 96-hour
notification of an arriving EBRV to allow the NEG Port Manager to
notify Cornell of vessel arrival.
(B) The look-out shall concentrate his/her observation efforts
within the 2-mile radius zone of influence (ZOI) from the maneuvering
EBRV.
(C) If marine mammal detection was reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic monitoring buoy, the look-out shall
concentrate visual monitoring efforts towards the areas of the most
recent detection.
(D) If the look-out (or any other member of the crew) visually
detects a marine mammal within the 2-mile radius ZOI of a maneuvering
EBRV, he/she will take the following actions:
(I) The Officer-of-the-Watch shall be notified immediately; who
shall then relay the sighting information to the Master of the vessel
to ensure action(s) can be taken to avoid physical contact with marine
mammals.
(II) The sighting shall be recorded in the sighting log by the
designated look-out.
(III) In accordance with 50 CFR 224.103(c), all vessels associated
with NEG Port and Pipeline Lateral activities shall not approach closer
than 500 yd (460 m) to a North Atlantic right whale and 100 yd (91 m)
to other whales to the extent physically feasible given navigational
constraints. In addition, when approaching and departing the project
area, vessels shall be operated so as to remain at least 1 km away from
any visually-detected North Atlantic right whales.
(IV) In response to active right whale sightings and active
acoustic detections, and taking into account exceptional circumstances,
EBRVs, repair and maintenance vessels shall take appropriate actions to
minimize the risk of striking whales. Specifically vessels shall:
(A) Respond to active right whale sightings and/or DMAs reported on
the Mandatory Ship Reporting (MSR) or SAS by concentrating monitoring
efforts towards the area of most recent detection and reducing speed to
10 knots or less if the vessel is within the boundaries of a DMA (50
CFR 224.105) or within the circular area centered on an area 8 nm in
radius from a sighting location;
(B) Respond to active acoustic detections by concentrating
monitoring efforts towards the area of most recent detection and
reducing speed to 10 knots or less within an area 5 nm in radius
centered on the detecting AB; and
(C) Respond to additional sightings made by the designated look-
outs within a 2-mile radius of the vessel by slowing the vessel to 10
knots or less and concentrating monitoring efforts towards the area of
most recent sighting.
(V) All vessels operated under NEG and Algonquin must follow the
established specific speed restrictions when calling at the NEG Port.
The specific speed restrictions required for all vessels (i.e., EBRVs
and vessels associated with maintenance and repair) consist of the
following:
(A) Vessels shall reduce their maximum transit speed while in the
TSS from 12 knots or less to 10 knots or less from March 1 to April 30
in all waters bounded by straight lines connecting the following points
in the order stated below unless an emergency situation dictates for an
alternate speed. This area shall hereafter be referred to as the Off
Race Point Seasonal Management Area (ORP-SMA) and tracks NMFS
regulations at 50 CFR 224.105:
42[deg]30' N. 70[deg]30' W. 41[deg]40' N. 69[deg]57' W.
42[deg]30' N. 69[deg]45' W. 42[deg]12' N. 70[deg]15' W.
41[deg]40' N. 69[deg]45' W. 42[deg]12' N. 70[deg]30' W.
42[deg]04.8' N. 70[deg]10' W. 42[deg]30' N. 70[deg]30' W.
(B) Vessels shall reduce their maximum transit speed while in the
TSS to 10 knots or less unless an emergency situation dictates for an
alternate speed from April 1 to July 31 in all waters bounded by
straight lines connecting the following points in the order stated
below. This area shall hereafter be referred to as the GSC-SMA and
tracks NMFS regulations at 50 CFR 224.105:
42[deg]30' N. 69[deg]45' W. 41[deg]40' N. 69[deg]45' W.
42[deg]30' N. 67[deg]27' W. 42[deg]30' N. 69[deg]45' W.
42[deg]09' N. 67[deg]08.4' W. 41[deg]00' N. 69[deg]05' W.
(C) Vessels are not expected to transit the Cape Cod Bay or the
Cape Cod Canal; however, in the event that transit through the Cape Cod
Bay or the Cape Cod Canal is required, vessels shall
[[Page 80034]]
reduce maximum transit speed to 10 knots or less from January 1 to May
15 in all waters in Cape Cod Bay, extending to all shorelines of Cape
Cod Bay, with a northern boundary of 42[deg]12' N latitude and the Cape
Cod Canal. This area shall hereafter be referred to as the Cape Cod Bay
Seasonal Management Area (CCB-SMA).
(D) All Vessels transiting to and from the project area shall
report their activities to the mandatory reporting Section of the USCG
to remain apprised of North Atlantic right whale movements within the
area. All vessels entering and exiting the MSRA shall report their
activities to WHALESNORTH. Vessel operators shall contact the USCG by
standard procedures promulgated through the Notice to Mariner system.
(E) All Vessels greater than or equal to 300 gross tons (GT) shall
maintain a speed of 10 knots or less, unless an emergency situation
requires speeds greater than 10 knots.
(F) All Vessels less than 300 GT traveling between the shore and
the project area that are not generally restricted to 10 knots will
contact the Mandatory Ship Reporting (MSR) system, the USCG, or the
project site before leaving shore for reports of active DMAs and/or
recent right whale sightings and, consistent with navigation safety,
restrict speeds to 10 knots or less within 5 miles (8 kilometers) of
any sighting location, when traveling in any of the seasonal management
areas (SMAs) or when traveling in any active dynamic management area
(DMA).
(b) NEG Port-Specific Operations
(i) In addition to the general marine mammal avoidance requirements
identified in (5)(a) above, vessels calling on the NEG Port must comply
with the following additional requirements:
(A) EBRVs shall travel at 10 knots maximum speed when transiting
to/from the TSS or to/from the NEG Port/Pipeline Lateral area. For
EBRVs, at 1.86 miles (3 km) from the NEG Port, speed will be reduced to
3 knots and to less than 1 knot at 1,640 ft (500 m) from the NEG buoys,
unless an emergency situation dictates the need for an alternate speed.
(B) EBRVs that are approaching or departing from the NEG Port and
are within the ATBA5 surrounding the NEG Port, shall remain at least 1
km away from any visually-detected North Atlantic right whale and at
least 100 yd (91 m) away from all other visually-detected whales unless
an emergency situation requires that the vessel stay its course. During
EBRV maneuvering, the Vessel Master shall designate at least one look-
out to be exclusively and continuously monitoring for the presence of
marine mammals at all times while the EBRV is approaching or departing
from the NEG Port.
(C) During NEG Port operations, in the event that a whale is
visually observed within 1 km of the NEG Port or a confirmed acoustic
detection is reported on either of the two ABs closest to the NEG Port
(western-most in the TSS array), departing EBRVs shall delay their
departure from the NEG Port, unless an emergency situation requires
that departure is not delayed. This departure delay shall continue
until either the observed whale has been visually (during daylight
hours) confirmed as more than 1 km from the NEG Port or 30 minutes have
passed without another confirmed detection either acoustically within
the acoustic detection range of the two ABs closest to the NEG Port, or
visually within 1 km from the NEG Port.
(ii) Vessel captains shall focus on reducing dynamic positioning
(DP) thruster power to the maximum extent practicable, taking into
account vessel and Port safety, during the operation activities. Vessel
captains will shut down thrusters whenever they are not needed.
(c) Planned and Unplanned Maintenance and Repair Activities
(i) NEG Port
(A) The Northeast Gateway shall conduct empirical source level
measurements on all noise emitting construction equipment and all
vessels that are involved in maintenance/repair work.
(B) If dynamic positioning (DP) systems are to be employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m, activities shall be conducted in accordance with the requirements
for DP systems listed in (5)(b)(ii).
(C) Northeast Gateway shall provide the NMFS Headquarters Office of
the Protected Resources, NMFS Northeast Region Ship Strike Coordinator,
and SBNMS with a minimum of 30 days notice prior to any planned repair
and/or maintenance activity. For any unplanned/emergency repair/
maintenance activity, Northeast Gateway shall notify the agencies as
soon as it determines that repair work must be conducted. Northeast
Gateway shall continue to keep the agencies apprised of repair work
plans as further details (e.g., the time, location, and nature of the
repair) become available. A final notification shall be provided to
agencies 72 hours prior to crews being deployed into the field.
(ii) Pipeline Lateral
(A) Pipeline maintenance/repair vessels less than 300 GT traveling
between the shore and the maintenance/repair area that are not
generally restricted to 10 knots shall contact the MSR system, the
USCG, or the project site before leaving shore for reports of active
DMAs and/or recent right whale sightings and, consistent with
navigation safety, restrict speeds to 10 knots or less within 5 miles
(8 km) of any sighting location, when travelling in any of the seasonal
management areas (SMAs) as defined above.
(B) Maintenance/repair vessels greater than 300 GT shall not exceed
10 knots, unless an emergency situation that requires speeds greater
than 10 knots.
(C) Planned maintenance and repair activities shall be restricted
to the period between May 1 and November 30.
(D) Unplanned/emergency maintenance and repair activities shall be
conducted utilizing anchor-moored dive vessel whenever operationally
possible.
(E) Algonquin shall also provide the NMFS Office of the Protected
Resources, NMFS Northeast Region Ship Strike Coordinator, and SBNMS
with a minimum of 30-day notice prior to any planned repair and/or
maintenance activity. For any unplanned/emergency repair/maintenance
activity, Northeast Gateway shall notify the agencies as soon as it
determines that repair work must be conducted. Algonquin shall continue
to keep the agencies apprised of repair work plans as further details
(e.g., the time, location, and nature of the repair) become available.
A final notification shall be provided to agencies 72 hours prior to
crews being deployed into the field.
(F) If dynamic positioning (DP) systems are to be employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m, activities shall be conducted in accordance with the requirements
for DP systems listed in (5)(b)(ii).
(G) In the event that a whale is visually observed within 0.5 mile
(0.8 kilometers) of a repair or maintenance vessel, the vessel
superintendent or on-deck supervisor shall be notified immediately. The
vessel's crew shall be put on a heightened state of alert and the
marine mammal shall be monitored constantly to determine if it is
moving toward the repair or maintenance area.
(H) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with
[[Page 80035]]
source level of 139 dB re 1 [mu]Pa @1 m or higher when a right whale is
sighted within or approaching at 500 yd (457 m) from the vessel. Repair
and maintenance work may resume after the marine mammal is positively
reconfirmed outside the established zones (500 yd (457 m)) or 30
minutes have passed without a redetection. Any vessels transiting the
maintenance area, such as barges or tugs, must also maintain these
separation distances.
(I) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @1 m or higher when a marine mammal other than a right whale is
sighted within or approaching at 100 yd (91 m) from the vessel. Repair
and maintenance work may resume after the marine mammal is positively
reconfirmed outside the established zones (100 yd (91 m)) or 30 minutes
have passed without a redetection. Any vessels transiting the
maintenance area, such as barges or tugs, must also maintain these
separation distances.
(J) Algonquin and associated contractors shall also comply with the
following:
(I) Operations involving excessively noisy equipment (source level
exceeding 139 dB re 1[mu]Pa @1 m) shall ``ramp-up'' sound sources,
allowing whales a chance to leave the area before sounds reach maximum
levels. In addition, Northeast Gateway, Algonquin, and other associated
contractors shall maintain equipment to manufacturers' specifications,
including any sound-muffling devices or engine covers in order to
minimize noise effects. Noisy construction equipment shall only be used
as needed and equipment shall be turned off when not in operation.
(II) Any material that has the potential to entangle marine mammals
(e.g., anchor lines, cables, rope or other construction debris) shall
only be deployed as needed and measures shall be taken to minimize the
chance of entanglement.
(III) For any material that has the potential to entangle marine
mammals, such material shall be removed from the water immediately
unless such action jeopardizes the safety of the vessel and crew as
determined by the Captain of the vessel.
(IV) In the event that a marine mammal becomes entangled, the
marine mammal coordinator and/or PSO will notify NMFS (if outside the
SBNMS), and SBNMS staff (if inside the SBNMS) immediately so that a
rescue effort may be initiated.
(K) All maintenance/repair activities shall be scheduled to occur
between May 1 and November 30. However, in the event of unplanned/
emergency repair work that cannot be scheduled during the preferred May
through November work window, the following additional measures shall
be followed for Pipeline Lateral maintenance and repair related
activities between December and April:
(I) Between December 1 and April 30, if on-board PSOs do not have
at least 0.5-mile visibility, they shall call for a shutdown. At the
time of shutdown, the use of thrusters must be minimized. If there are
potential safety problems due to the shutdown, the captain will decide
what operations can safely be shut down.
(II) Prior to leaving the dock to begin transit, the barge shall
contact one of the PSOs on watch to receive an update of sightings
within the visual observation area. If the PSO has observed a North
Atlantic right whale within 30 minutes of the transit start, the vessel
shall hold for 30 minutes and again get a clearance to leave from the
PSOs on board. PSOs shall assess whale activity and visual observation
ability at the time of the transit request to clear the barge for
release.
(III) Transit route, destination, sea conditions and any marine
mammal sightings/mitigation actions during watch shall be recorded in
the log book. Any whale sightings within 1,000 m of the vessel shall
result in a high alert and slow speed of 4 knots or less and a sighting
within 750 m shall result in idle speed and/or ceasing all movement.
(IV) The material barges and tugs used in repair and maintenance
shall transit from the operations dock to the work sites during
daylight hours when possible provided the safety of the vessels is not
compromised. Should transit at night be required, the maximum speed of
the tug shall be 5 knots.
(V) All repair vessels must maintain a speed of 10 knots or less
during daylight hours. All vessels shall operate at 5 knots or less at
all times within 5 km of the repair area.
(d) Acoustic Monitoring Related Activities
(i) Vessels associated with maintaining the AB network operating as
part of the mitigation/monitoring protocols shall adhere to the
following speed restrictions and marine mammal monitoring requirements.
(A) In accordance with NOAA Regulation 50 CFR 224.103 (c), all
vessels associated with NEG Port activities shall not approach closer
than 500 yd (460 meters) to a North Atlantic right whale.
(B) All vessels shall obtain the latest DMA or right whale sighting
information via the NAVTEX, MSR, SAS, NOAA Weather Radio, or other
available means prior to operations to determine if there are right
whales present in the operational area.
(6) Monitoring
(a) Vessel-Based Visual Monitoring
(i) Vessel-based monitoring for marine mammals shall be done by
trained look-outs during NEG NEG Port and Pipeline Lateral operations
and maintenance and repair activities. The observers shall monitor the
occurrence of marine mammals near the vessels during NEG Port and
Pipeline Lateral related activities. Lookout duties include watching
for and identifying marine mammals; recording their numbers, distances,
and reactions to the activities; and documenting ``take by
harassment.''
(ii) The vessel look-outs assigned to visually monitor for the
presence of marine mammals shall be provided with the following:
(A) Recent NAVTEX, NOAA Weather Radio, SAS and/or acoustic
monitoring buoy detection data;
(B) Binoculars to support observations;
(C) Marine mammal detection guide sheets; and
(D) Sighting log.
(b) NEG NEG Port Operations
(i) All individuals onboard the EBRVs responsible for the
navigation duties and any other personnel that could be assigned to
monitor for marine mammals shall receive training on marine mammal
sighting/reporting and vessel strike avoidance measures.
(ii) While an EBRV is navigating within the designated TSS, there
shall be three people with look-out duties on or near the bridge of the
ship including the Master, the Officer-of-the-Watch and the Helmsman-
on-watch. In addition to the standard watch procedures, while the EBRV
is transiting within the designated TSS, maneuvering within the Area to
be Avoided (ATBA), and/or while actively engaging in the use of
thrusters, an additional look-out shall be designated to exclusively
and continuously monitor for marine mammals.
(iii) All sightings of marine mammals by the designated look-out,
individuals posted to navigational look-out duties and/or any other
crew member while the EBRV is transiting within the TSS, maneuvering
within the ATBA and/or when actively engaging in the use of thrusters,
shall be immediately reported
[[Page 80036]]
to the Officer-of-the-Watch who shall then alert the Master. The Master
or Officer-of-the-Watch shall ensure the required reporting procedures
are followed and the designated marine mammal look-out records all
pertinent information relevant to the sighting.
(iv) Visual sightings made by look-outs from the EBRVs shall be
recorded using a standard sighting log form. Estimated locations shall
be reported for each individual and/or group of individuals categorized
by species when known. This data shall be entered into a database and a
summary of monthly sighting activity shall be provided to NMFS.
Estimates of take and copies of these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned Maintenance and Repair
(i) Two (2) qualified and NMFS-approved protected species observers
(PSOs) shall be assigned to each vessel that will use dynamic
positioning (DP) systems during maintenance and repair related
activities. PSOs shall operate individually in designated shifts to
accommodate adequate rest schedules. Additional PSOs shall be assigned
to additional vessels if auto-detection buoy (AB) data indicates that
sound levels exceed 120 dB re 1 [micro]Pa, further then 100 meters (328
feet) from these vessels.
(ii) All PSOs shall receive NMFS-approved marine mammal observer
training and be approved in advance by NMFS after review of their
resume. All PSOs shall have direct field experience on marine mammal
vessels and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico.
(iii) PSOs (one primary and one secondary) shall be responsible for
visually locating marine mammals at the ocean's surface and, to the
extent possible, identifying the species. The primary PSO shall act as
the identification specialist and the secondary PSO will serve as data
recorder and also assist with identification. Both PSOs shall have
responsibility for monitoring for the presence of marine mammals and
sea turtles. Specifically PSO's shall:
(A) Monitor at all hours of the day, scanning the ocean surface by
eye for a minimum of 40 minutes every hour.
(B) Monitor the area where maintenance and repair work is conducted
beginning at daybreak using 25x power binoculars and/or hand-held
binoculars. Night vision devices must be provided as standard equipment
for monitoring during low-light hours and at night.
(C) Conduct general 360[deg] visual monitoring during any given
watch period and target scanning by the observer shall occur when
alerted of a whale presence.
(D) Alert the vessel superintendent or construction crew supervisor
of visual detections within 2 mi (3.31 km) immediately.
(E) Record all sightings on marine mammal field sighting logs.
Specifically, all data shall be entered at the time of observation,
notes of activities will be kept, and a daily report prepared and
attached to the daily field sighting log form. The basic reporting
requirements include the following:
Beaufort sea state;
Wind speed;
Wind direction;
Temperature;
Precipitation;
Glare;
Percent cloud cover;
Number of animals;
Species;
Position;
Distance;
Behavior;
Direction of movement; and
Apparent reaction to construction activity.
(iv) In the event that a whale is visually observed within the 2-
mile (3.31-kilometers) zone of influence (ZOI) of a DP vessel or other
construction vessel that has shown to emit noise with source level in
excess of 139 dB re 1 [micro]Pa @1 m, the PSO will notify the repair/
maintenance construction crew to minimize the use of thrusters until
the animal has moved away, unless there are divers in the water or an
ROV is deployed.
(d) Acoustic Monitoring
(i) Northeast Gateway shall deploy 10 ABs within the Separation
Zone of the TSS for the operational life of the Project.
(ii) The ABs shall be used to detect a calling North Atlantic right
whale an average of 5 nm from each AB. The AB system shall be the
primary detection mechanism that alerts the EBRV Master to the
occurrence of right whales, heightens EBRV awareness, and triggers
necessary mitigation actions as described in section (5) above.
(iii) Northeast Gateway shall conduct short-term passive acoustic
monitoring to document sound levels during the initial operational
events in the 2015-2016 winter heating season, and during both regular
deliveries outside the winter heating season should such deliveries
occur, and during scheduled and unscheduled maintenance and repair
activities.
(iv) Northeast Gateway shall conduct long-term monitoring of the
noise environment in Massachusetts Bay in the vicinity of the NEG Port
and Pipeline Lateral using marine autonomous recording units (MARUs)
when there is anticipated to be more than 5 NEG shipments in a 30-day
period or over 20 shipments in a six-month period.
(v) The acoustic data collected in 6(d)(ii) shall be analyzed to
document the seasonal occurrences and overall distributions of whales
(primarily fin, humpback and right whales) within approximately 10 nm
of the NEG Port and shall measure and document the noise ``budget'' of
Massachusetts Bay so as to eventually assist in determining whether or
not an overall increase in noise in the Bay associated with the Project
might be having a potentially negative impact on marine mammals.
(vi) Northeast Gateway shall make all acoustic data, including data
previously collected by the MARUs during prior construction,
operations, and maintenance and repair activities, available to NOAA.
Data storage will be the responsibility of NOAA.
(e) Acoustic Whale Detection and Response Plan
(i) NEG Port Operations
(A) Ten (10) ABs that have been deployed since 2007 shall be used
to continuously screen the low-frequency acoustic environment (less
than 1,000 Hertz) for right whale contact calls occurring within an
approximately 5-nm radius from each buoy (the AB's detection range).
(B) Once a confirmed detection is made, the Master of any EBRVs
operating in the area will be alerted immediately.
(ii) NEG Port and Pipeline Lateral Planned and Unplanned/Emergency
Repair and Maintenance Activities
(A) If the repair/maintenance work is located outside of the
detectible range of the 10 project area ABs, Northeast Gateway and
Algonquin shall consult with NOAA (NMFS and SBNMS) to determine if the
work to be conducted warrants the temporary installation of an
additional AB(s) to help detect and provide early warnings for
potential occurrence of right whales in the vicinity of the repair
area.
(B) The number of ABs installed around the activity site shall be
commensurate with the type and spatial extent of maintenance/repair
work required, but must be sufficient to detect vocalizing right whales
within the 120-dB impact zone.
(C) Should acoustic monitoring be deemed necessary during a planned
or
[[Page 80037]]
unplanned/emergency repair and/or maintenance event, active monitoring
for right whale calls shall begin 24 hours prior to the start of
activities.
(D) Revised noise level data from the acoustic recording units
deployed in the NEG Port and/or Pipeline Lateral maintenance and repair
area shall be provided to NMFS.
(7) Reporting
(a) Throughout NEG Port and Pipeline Lateral operations, Northeast
Gateway and Algonquin shall provide a monthly Monitoring Report. The
Monitoring Report shall include:
(i) Both copies of the raw visual EBRV lookout sighting information
of marine mammals that occurred within 2 miles of the EBRV while the
vessel transits within the TSS, maneuvers within the ATBA, and/or when
actively engaging in the use of thrusters, and a summary of the data
collected by the look-outs over each reporting period.
(ii) Copies of the raw PSO sightings information on marine mammals
gathered during pipeline repair or maintenance activities. This visual
sighting data shall then be correlated to periods of thruster activity
to provide estimates of marine mammal takes (per species/species class)
that took place during each reporting period.
(iii) Conclusion of any planned or unplanned/emergency repair and/
or maintenance period, a report shall be submitted to NMFS summarizing
the repair/maintenance activities, marine mammal sightings (both visual
and acoustic), empirical source-level measurements taken during the
repair work, and any mitigation measures taken.
(b) During the maintenance and repair of NEG Port components,
weekly status reports shall be provided to NOAA (both NMFS and SBNMS)
using standardized reporting forms. The weekly reports shall include
data collected for each distinct marine mammal species observed in the
repair/maintenance area during the period that maintenance and repair
activities were taking place. The weekly reports shall include the
following information:
(i) Location (in longitude and latitude coordinates), time, and the
nature of the maintenance and repair activities;
(ii) Indication of whether a DP system was operated, and if so, the
number of thrusters being used and the time and duration of DP
operation;
(iii) Marine mammals observed in the area (number, species, age
group, and initial behavior);
(iv) The distance of observed marine mammals from the maintenance
and repair activities;
(v) Changes, if any, in marine mammal behaviors during the
observation;
(vi) A description of any mitigation measures (power-down,
shutdown, etc.) implemented;
(vii) Weather condition (Beaufort sea state, wind speed, wind
direction, ambient temperature, precipitation, and percent cloud cover
etc.);
(viii) Condition of the observation (visibility and glare); and
(ix) Details of passive acoustic detections and any action taken in
response to those detections.
(d) Injured/Dead Protected Species Reporting
(i) In the unanticipated event that survey operations clearly cause
the take of a marine mammal in a manner prohibited by the proposed IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), NEG and/or
Algonquin shall immediately cease activities and immediately report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, and the Greater Atlantic Regional Stranding
Coordinators. The report must include the following information:
(A) Time, date, and location (latitude/longitude) of the incident;
(B) The name and type of vessel involved;
(C) The vessel's speed during and leading up to the incident;
(D) Description of the incident;
(E) Status of all sound source use in the 24 hours preceding the
incident;
(F) Water depth;
(G) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(H) Description of marine mammal observations in the 24 hours
preceding the incident;
(I) Species identification or description of the animal(s)
involved;
(J) The fate of the animal(s); and
(K) Photographs or video footage of the animal (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with NEG and/or
Algonquin to determine what is necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. NEG and/or
Algonquin may not resume their activities until notified by NMFS via
letter, email, or telephone.
(ii) In the event that NEG and/or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the cause of the
injury or death is unknown and the death is relatively recent (i.e., in
less than a moderate state of decomposition as described in the next
paragraph), NEG and/or Algonquin will immediately report the incident
to the Chief, Permits and Conservation Division, Office of Protected
Resources, NMFS, and the NMFS Greater Atlantic Stranding Coordinators,
within 24 hours of the discovery. The report must include the same
information identified above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with NEG and/
or Algonquin to determine whether modifications in the activities are
appropriate.
(iii) In the event that NEG or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the injury or
death is not associated with or related to the activities authorized
(if the IHA is issued) (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), NEG and/or
Algonquin shall report the incident to the Chief, Permits and
Conservation Division, Office of Protected Resources, NMFS, and the
NMFS Greater Atlantic Stranding Coordinators, within 24 hours of the
discovery. NEG and/or Algonquin shall provide photographs or video
footage (if available) or other documentation of the stranded animal
sighting to NMFS and the Marine Mammal Stranding Network. NEG and/or
Algonquin can continue its operations under such a case.
(8) This Authorization may be modified, suspended, or withdrawn if
the holder fails to abide by the conditions prescribed herein or if
NMFS determines that the authorized taking is having more than a
negligible impact on the species or stock of affected marine mammals.
(9) A copy of this Authorization and the Incidental Take Statement
must be in the possession of each survey vessel operator taking marine
mammals under the authority of this Incidental Harassment
Authorization.
(10) Northeast Gateway and Algonquin are required to comply with
the Terms and Conditions of the Incidental Take Statement corresponding
to NMFS' Biological Opinion.
Request for Public Comments
NMFS requests comment on our analysis, the draft authorization for
an IHA, the receipt of notice for a rulemaking, and any other aspect of
the Notice of Proposed IHA for Northeast Gateway and Algonquin's
proposed NEG Port and Pipeline Lateral
[[Page 80038]]
operations, maintenance, and repair activities in the Massachusetts
Bay. Please include with your comments any supporting data or
literature citations to help inform our final decision on Northeast
Gateway and Algonquin's request for an MMPA authorization.
Dated: November 7, 2016.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-27383 Filed 11-14-16; 8:45 am]
BILLING CODE 3510-22-P