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21 May 2008
[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Notices]
[Page 29485-29491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my08-34]
[[Page 29485]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI04
Taking of Marine Mammals Incidental to Specified Activities;
Operation of an LNG Facility in Massachusetts Bay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that an
Incidental Harassment Authorization (IHA) to take marine mammals, by
harassment, incidental to operation of an offshore liquefied natural
gas (LNG) facility in the Massachusetts Bay, has been issued to
Northeast Gateway Energy Bridge\TM\ L.L.C. (Northeast Gateway) for a
period of 1 year.
DATES: This authorization is effective from May 15, 2008, until May
14, 2009.
ADDRESSES: A copy of the application, IHA, and a list of references
used in this document may be obtained by writing to P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910-3225. A copy of the application may be
obtained by writing to this address or by telephoning the contact
listed here and is also available at: http://www.nmfs.noaa.gov/pr/
permits/incidental.htm#iha.
The Maritime Administration (MARAD) and U.S. Coast Guard (USCG)
Final Environmental Impact Statement (Final EIS) on the Northeast
Gateway Energy Bridge LNG Deepwater Port license application is
available for viewing at http://dms.dot.gov under the docket number
22219.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext 137.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(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 shall be granted if NMFS finds that the taking
will have a negligible impact on the species or stock(s) and will not
have an unmitigable adverse impact on the availability of the species
or stock(s) for certain subsistence uses, 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.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take marine mammals by harassment. Except
with respect to certain activities not pertinent here, the MMPA defines
``harassment'' as follows:
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].
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 issuance of the authorization.
Description of the Activity
The Port consists of two subsea Submerged Turret Loading (STL )
buoys, each with a flexible riser assembly and a manifold connecting
the riser assembly, via a steel flowline, to the subsea Pipeline
Lateral. Northeast Gateway utilizes vessels from its current fleet of
specially designed Energy-Bridge\TM\ Regasification Vessels (EBRVs),
each capable of transporting approximately 2.9 billion ft\3\ (Bcf; 82
million m\3\) of natural gas condensed to 4.9 million ft\3\ (138,000
m\3\) of LNG. Northeast Gateway will also add vessels to its fleet that
will have a cargo capacity of approximately 151,000 m\3\. The mooring
system installed at the Port is designed to handle both the existing
vessels and any of the larger capacity vessels that may come into
service in the future. The EBRVs dock to the STLTM\TM\ buoys which
serve as both the single-point mooring system for the vessels and the
delivery conduit for natural gas. Each of the STLTM buoys is secured to
the seafloor using a series of suction anchors and a combination of
chain/cable anchor lines.
During the Port operations, EBRVs servicing the Port would utilize
the newly configured and International Maritime Organization-approved
Boston Traffic Separation Scheme (TSS) on their approach to and
departure from the NEG Port at the earliest practicable point of
transit. EBRVs would maintain speeds of 12 knots or less while in the
TSS except when transiting the Off Race Point Seasonal Management Area
between March 1 and April 30, the Great South Channel Seasonal
Management Area between April 1 and July 31, or when there have been
active right whale sightings, active acoustic detections, or both, in
the vicinity of the transiting EBRV in the TSS or at the Port, in which
case the vessels would slow their speeds to 10 knots or less. See the
Mitigation, Monitoring and Reporting Measurements section.
As an EBRV makes its final approach to the Port, vessel speed will
gradually be reduced to 3 knots at 1.86 mi (1.16 km) out to less than 1
knot at a distance of 1,640 ft (500 m) from the Port. When an EBRV
arrives at the Port, it will retrieve one of the two permanently
anchored submerged STLTM\TM\ buoys. It will make final connection to
the buoy through a series of engine and bow thruster actions. The EBRV
will require the use of thrusters for dynamic positioning during
docking procedure. Typically, the docking procedure is completed over a
10- to 30-minute period, with the thrusters activated as necessary for
short periods of time in second bursts, not a continuous sound source.
Once connected to the buoy, the EBRV will begin vaporizing the
liquified natural gas (LNG) into its natural gas state using the
onboard regasification system. As the LNG is regasified, natural gas
will be transferred at pipeline pressures off the EBRV through the
STLTM\TM\ buoy and flexible riser via a steel flowline leading to the
connecting Pipeline Lateral. When the LNG vessel is on the buoy, wind
and current effects on the vessel will be allowed to ``weathervane'' on
the single-point mooring system; therefore, thrusters will not be used
to maintain a stationary position. It would take approximately 8 days
for each EBRV to moor to the
[[Page 29486]]
STLTM\TM\ Buoy, regasify its cargo of LNG and send it to the Northeast
Gateway Pipeline Lateral, and disengage from the buoy.
It is estimated that the Port could receive approximately 65 cargo
deliveries a year. During this time period thrusters will be engaged in
use for docking at the Port approximately 10 to 30 minutes for each
vessel arrival and departure.
The specified design life of the NEG Port is about 40 years, with
the exception of the anchors, mooring chain/rope, and riser/umbilical
assemblies, which are based on a maintenance-free design life of 20
years. The buoy pick-up system components are considered consumable and
will be inspected following each buoy connection, and replaced (from
inside the STLTM compartment during the normal cargo discharge period)
as deemed necessary. The underwater components of the Port will be
inspected once yearly using either divers or remotely operated vehicles
to check and record the condition of the various STLTM system
components. These activities will be conducted using the Port's normal
support vessel, and to the extent possible will coincide with planned
weekly visits to the Port.
Detailed information on these activities can be found in the MARAD/
USCG Final EIS on the Northeast Gateway Project (see ADDRESSES for
availability) and in the IHA application. Detailed information on the
LNG facility's operation and maintenance activities, and noise
generated from operations was also published in the Federal Register on
March 13, 2007 (72 FR 11328). No changes have been made to these
proposed activities.
Comments and Responses
A notice of receipt and request for public comment on the
application and proposed authorization was published on March 27, 2008
(73 FR 16266). During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission (Commission) and two private
citizens.
Comment 1: The Commission recommends that NMFS issue the IHA
provided that (a) all marine mammal mitigation, monitoring, and
reporting measures identified in the Federal Register notice are
included in the authorization and retained in any proposed regulations
issued by NMFS to govern the activities over a five-year period; and
(b) operations be suspended immediately if a dead or seriously injured
right whale or other marine mammal is found in the vicinity of the
operations and the death or injury could be attributable to the
applicant's activities. Any suspension should remain in place until
NMFS (1) has reviewed the situation and determined that further deaths
or serious injuries are unlikely or (2) has issued regulations
authorizing such takes under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendation raised
in the above comment, and extends the requirement to any type of
injury, not just serious injury, if it could be attributable to LNG
activities.
Comment 2: One private citizen states that more due diligence on
the front end is needed before NMFS issues the IHA.
Response: NMFS has conducted extensive review of the best science
available regarding the biology of the marine mammals affected and the
propagation of sounds from operations of the offshore LNG port. This
information is supported by Draft and Final Environmental Impact
Statements issued by MARAD and USCG under the National Environmental
Policy Act (NEPA) and a biological opinion pursuant to the Endangered
Species Act (ESA).
Comment 3: One private citizen questions why NMFS grants the permit
if there is harassment to marine mammals.
Response: As stated in the beginning of this document, the MMPA
directs the 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. NMFS has made these
findings and followed the appropriate process set forth in MMPA section
101(a)(5)(D).
Marine Mammals Affected by the Activity
Marine mammal species that potentially occur in the vicinity of the
Northeast Gateway facility include several species of cetaceans and
pinnipeds:
North Atlantic right whale (Eubalaena glacialis),
humpback whale (Megaptera novaeangliae),
fin whale (Balaenoptera physalus),
minke whale (B. acutorostrata),
pilot whale (Globicephala spp.),
Atlantic white-sided dolphin (Lagenorhynchus acutus),
bottlenose dolphin (Tursiops truncatus),
common dolphin (Delphinus delphis),
killer whale (Orcinus orca),
harbor porpoise (Phocoena phocoena),
harbor seal (Phoca vitulina), and
gray seal (Halichoerus grypus).
Information on those species that may be impacted by this activity
are discussed in detail in the MARAD and USCG Final EIS on the
Northeast Gateway LNG proposal. Please refer to that document for more
information on these species and potential impacts from construction
and operation of this LNG facility. In addition, general information on
these marine mammal species can also be found in Wursig et al. (2000)
and in the NMFS Stock Assessment Reports (Waring et al., 2007). This
latter document is available at: http://www.nefsc.noaa.gov/nefsc/
publications/tm/tm201/. An updated summary on several commonly sighted
marine mammal species distribution and abundance in the vicinity of the
proposed action area is provided below.
Humpback Whale
The highest abundance for humpback whales was distributed primarily
along a relatively narrow corridor following the 100-m (328 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 increased 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-ft) isobaths along the inner
slope of Georges Bank. High abundance was also estimated for the waters
around Platts Bank. In the summer months, abundance increased 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 persisted in all seasons except
winter, when humpbacks remained 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.
Fin Whale
Spatial patterns of habitat utilization by fin whales were very
similar to those of humpback whales. Spring and
[[Page 29487]]
summer high-use areas followed 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 was 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) was used more
frequently than the northern portion in all months except winter, when
high abundance was recorded over the northern tip of Stellwagen Bank.
In addition to Stellwagen Bank, high abundance in winter was 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.
Minke Whale
Like other piscivorous baleen whales, highest abundance for minke
whale was 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 were
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 supported high relative abundance. Very low densities of
minke whales remained throughout most of the southern Gulf of Maine in
winter.
North Atlantic Right Whale
North Atlantic right whales were generally distributed widely
across the southern Gulf of Maine in spring with highest abundance
located over the deeper waters (100- to 160-m, or 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 was 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 was
estimated over deep-water basins including Wilkinson Basin, Rodgers
Basin and Franklin Basin. In the summer months, right whales moved
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, or 525- and 656-ft, isobaths) and north of Georges Bank
(Rogers, Crowell and Georges Basins). Highest abundance was 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 were also
estimated as high-use areas. In the fall months, right whales were
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 occured along the southern
edge of the Bank.
Pilot whale
Pilot whales arrived in the southern Gulf of Maine in spring, with
highest abundance in the region occurring in summer and fall. Summer
high-use areas included the slopes of northern Georges Bank along the
100-m (328-ft) isobath and pilot whales made extensive use of the
shoals of Georges Bank (<60 m, or <197 ft, depth). Similarly, fall
distributions were also primarily along the slopes of northern Georges
Bank, but with high-use areas also occurring amongst the deep-water
basins and ledges of the south-central Gulf of Maine. Within SBNMS,
pilot whales were sighted infrequently and were most often estimated at
low density. Cape Cod Bay and southern SBNMS were the only locations
with pilot whale sightings for winter.
Atlantic White-Sided Dolphin
In spring, summer and fall, Atlantic white-sided dolphins were
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 existed 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 was a shift and expansion of habitat
toward the east and northeast. High-use areas were 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 sightings were also
recorded over Truxton Swell, Wilkinson Basin, Cashes Ledge and the
bathymetrically complex area northeast of Platts Bank. High sightings
of white-sided dolphin were 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 sightings were 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 showed that both
groups have very similar spatial patterns of high- and low-use areas.
The baleen whales, whether piscivorous or planktivorous, were more
concentrated than the dolphins and porpoises. They utilized 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 supported a high abundance
of baleen whales throughout the year. Species richness maps indicated
that high-use areas for individual whales and dolphin species co-
occurred, 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
were 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.
Killer Whale, Common Dolphin, Bottlenose Dolphin, and Harbor Porpoise
Although these four species are some of the most widely distributed
small cetacean species in the world (Jefferson et al., 1993), they were
not commonly seen in the vicinity of the project area in Massachusetts
Bay (Wiley et al., 1994; NCCOS, 2006; Northeast Gateway Marine Mammal
Monitoring Weekly Reports, 2007).
[[Page 29488]]
Harbor Seal and Gray Seal
In the U.S. waters of the western North Atlantic, both harbor and
gray seals were usually found from the coast of Maine south to southern
New England and New York (Warrings et al., 2007).
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 had 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 20\th\ century (Temte et
al., 1991; Katona et al., 1993).
Although gray seals were 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-round breeding population
of approximately over 400 gray seals was documented on outer Cape Cod
and Muskeget Island (Warring et al., 2007).
Potential Effects of Noise on Marine Mammals
The effects of noise on marine mammals are highly variable, and can
be categorized as follows (based on Richardson et al., 1995): (1) The
noise may be too weak to be heard at the location of the animal (i.e.,
lower than the prevailing ambient noise level, the hearing threshold of
the animal at relevant frequencies, or both); (2) The noise may be
audible but not strong enough to elicit any overt behavioral response;
(3) The noise may elicit reactions of variable conspicuousness and
variable relevance to the well being of the marine mammal; these can
range from temporary alert responses to active avoidance reactions such
as vacating an area at least until the noise event ceases; (4) Upon
repeated exposure, a marine mammal may exhibit diminishing
responsiveness (habituation), or disturbance effects may persist; the
latter is most likely with sounds that are highly variable in
characteristics, infrequent and unpredictable in occurrence, and
associated with situations that a marine mammal perceives as a threat;
(5) Any anthropogenic noise that is strong enough to be heard has the
potential to reduce (mask) the ability of a marine mammal to hear
natural sounds at similar frequencies, including calls from
conspecifics, and underwater environmental sounds such as surf noise;
(6) If mammals remain in an area because it is important for feeding,
breeding or some other biologically important purpose even though there
is chronic exposure to noise, it is possible that there could be noise-
induced physiological stress; this might in turn have negative effects
on the well-being or reproduction of the animals involved; and (7) Very
strong sounds have the potential to cause temporary or permanent
reduction in hearing sensitivity. In terrestrial mammals, and
presumably marine mammals, received sound levels must far exceed the
animal's hearing threshold for there to be any temporary threshold
shift (TTS) in its hearing ability. For transient sounds, the sound
level necessary to cause TTS is inversely related to the duration of
the sound. Received sound levels must be even higher for there to be
risk of permanent hearing impairment. In addition, intense acoustic (or
explosive events) may cause trauma to tissues associated with organs
vital for hearing, sound production, respiration and other functions.
This trauma may include minor to severe hemorrhage.
There are three general kinds of sounds recognized by NMFS:
continuous (such as shipping sounds), intermittent (such as vibratory
pile driving sounds), and impulse. No impulse noise activities, such as
blasting or standard pile driving, are associated with this project.
The noise sources of potential concern are regasification/offloading
(which is a continuous sound) and dynamic positioning of vessels using
thrusters (an intermittent sound). Based on research by Malme et al.
(1983; 1984), for both continuous and intermittent sound sources, Level
B harassment is presumed to begin at received levels of 120-dB.
None of the continuous sound sources associated with operation of
the Northeast Gateway Project is expected to exceed the 120-dB
threshold for Level B harassment. However, the intermittent noises from
thruster use associated with dynamic positioning of vessels during
operation (docking) may occasionally exceed this 120-dB threshold.
Consequently, thruster use has the potential for a ``take'' by Level B
harassment of any marine mammal occurring within a zone of
ensonification (greater than 120 dB) emanating from the sound source.
The potential impacts to marine mammals associated with sound
propagation from vessel movements, anchors, chains and LNG
regasification/offloading could be the temporary and short-term
displacement of seals and whales from within the 120-dB zones
ensonified by these noise sources. Animals would be expexted to re-
occupy the area once the noise ceases. In the vicinity of the LNG Port,
where the water depth is about 80 m (262 ft), the 120-dB radius is
estimated to be approximately 2.56 km (1.6 mi) from the second source
during dynamic positioning for the container ship, making a zone of
influence (ZOI) of 21 km\2\ (8.1 mi\2\).
Estimates of Take by Harassment
The basis for Northeast Gateway's ``take'' estimate is the number
of marine mammals that would be exposed to sound levels in excess of
120 dB. This is determined by multiplying the ZOI by local marine
mammal density estimates, corrected to take account for 50 percent
marine mammals that may be underwater, and then by estimated LNG
container ship visits per year. In the case of data gaps, a
conservative approach was used to ensure the potential number of takes
is not underestimated, as described next.
NMFS recognizes that baleen whale species other than North Atlantic
right whales have been sighted in the project area from May to
November. However, the occurrence and abundance of fin, humpback, and
minke is not well documented within the project area. Nonetheless, NMFS
uses the data on cetacean distribution within Massachusetts Bay, such
as those published by the National Centers for Coastal Ocean Science
(NCCOS, 2006), to determine potential takes of marine mammals in the
vicinity of project area.
The NCCOS study used cetacean sightings from two sources: (1) the
North Atlantic Right Whale Consortium (NARWC) sightings database held
at the University of Rhode Island (Kenney, 2001); and (2) the Manomet
Bird Observatory (MBO) database, held at NMFS Northeast Fisheries
Science Center (NEFSC). The NARWC data contained survey efforts and
sightings data from ship and aerial surveys and opportunistic sources
between 1970 and 2005. The main data contributors included: Cetacean
and Turtles Assessment Program (CETAP), Canadian Department of
Fisheries and Oceans, PCCS, International Fund for Animal Welfare,
NOAA's NEFSC, New England Aquarium, Woods Hole Oceanographic
Institution, and the University of Rhode Island. A total of 653,725 km
(406,293 mi) of survey track and 34,589 cetacean observations were
provisionally selected for the NCCOS study in order to
[[Page 29489]]
minimize bias from uneven allocation of survey effort in both time and
space. The sightings-per-unit-effort (SPUE) was calculated for all
cetacean species by month covering the southern Gulf of Maine study
area, which also includes the project area (NCCOS, 2006).
The MBO's Cetacean and Seabird Assessment Program (CSAP) was
contracted from 1980 to 1988 by NMFS NEFSC to provide an assessment of
the relative abundance and distribution of cetaceans, seabirds, and
marine turtles in the shelf waters of the northeastern United States
(MBO, 1987). The CSAP program was designed to be completely compatible
with NMFS NEFSC databases so that marine mammal data could be compared
directly with fisheries data throughout the time series during which
both types of information were gathered. A total of 5,210 km (8,383 mi)
of survey distance and 636 cetacean observations from the MBO data were
included in the NCCOS analysis. Combined valid survey effort for the
NCCOS studies included 567,955 km (913,840 mi) of survey track for
small cetaceans (dolphins and porpoises) and 658,935 km (1,060,226 mi)
for large cetaceans (whales) in the southern Gulf of Maine. The NCCOS
study then combined these two data sets by extracting cetacean sighting
records, updating database field names to match the NARWC database,
creating geometry to represent survey tracklines and applying a set of
data selection criteria designed to minimize uncertainty and bias in
the data used.
Owning to the comprehensiveness and total coverage of the NCCOS
cetacean distribution and abundance study, NMFS calculated the
estimated take number of marine mammals based on the most recent NCCOS
report published in December 2006. A summary of seasonal cetacean
distribution and abundance in the project area is provided above, in
the Marine Mammals Affected by the Activity section. For a detailed
description and calculation of the cetacean abundance data and sighting
per unit effort (SPUE), please refer to the NCCOS study (NCCOS, 2006).
These data show that the upper limit of the relative abundance of North
Atlantic right, fin, humpback, minke, and pilot whales, and Atlantic
white-sided dolphins for all seasons, as calculated by SPUE in number
of animals per square kilometer, is 0.0082, 0.0097, 0.0265, 0.0059,
0.0407, and 0.1314 n/km, respectively.
In calculating the area density of these species from these linear
density data, NMFS used 0.4 km (0.25 mi), which is a quarter the
distance of the radius for visual monitoring (see Monitoring,
Mitigation, and Reporting section below), as a conservative
hypothetical strip width (W). Thus the area density (D) of these
species in the project area can be obtained by the following formula:
D = SPUE/2W,
Based on the calculation, the estimated take numbers per year for
North Atlantic right, fin, humpback, minke, and pilot whales, and
Atlantic white-sided dolphins, within the 120-dB ZOI of the LNG Port
facility area of approximately 21 km2 (8.1 mi2) maximum ZOI, corrected
for 50 percent underwater, are 21, 90, 165, 15, 104, and 336,
respectively. This estimate is based on an average of 65 visits by LNG
container ships to the project area per year (or approximately 1.25
visits per week), operating the vessels' thrusters for dynamic
positioning before offloading natural gas. It is expected that total
amount of time of dynamic positioning is about 30 minutes, therefore,
any marine mammals that are potentially exposed to noise levels about
120 dB re 1 microPa from container ships' dynamic positioning would be
brief. There is no danger of injury, death, or hearing impairment from
the exposure to these noise levels. These numbers represent
approximately 7, 3, 18, 0.4, 0.3, and 0.7 percent of the populations
for these species, respectively.
In addition, bottlenose dolphins, common dolphins, killer whales,
harbor porpoises, harbor seals, and gray seals could also be taken by
Level B harassment as a result of the deepwater LNG port project. The
numbers of estimated take of these species are not available because
they are rare in the project area. The population estimates of these
marine mammal species and stock in the west North Atlantic basin are
81,588, 120,743, 89,700, 99,340, and 195,000 for bottlenose dolphins,
common dolphins, harbor porpoises, harbor seals, and gray seals,
respectively (Waring et al., 2007). No population estimate is available
for the North Atlantic stock of killer whales, however, their
occurrence within the proposed project area is rare. Since the
Massachusetts Bay represents only a small fraction of the west North
Atlantic basin where these animals occur, and these animals do not
congregate in the vicinity of the project area, NMFS believes that only
relatively small numbers of these marine mammal species would be
potentially affected by the Northeast Gateway LNG deepwater project.
From the most conservative estimates of both marine mammal densities in
the project area and the size of the 120-dB zone of (noise) influence
(ZOI), the calculated number of individual marine mammals for each
species that could potentially be harassed annually is small relative
to the overall population size.
Potential Impact on Habitat
Operation of the Port and Pipeline Lateral will result in long-term
effects on the marine environment, including alteration of seafloor
conditions, continued disturbance of the seafloor, regular withdrawal
of sea water, and regular generation of underwater noise. A small area
(0.14 acre) along the Pipeline Lateral will be permanently altered
(armored) at two cable crossings. In addition, the structures
associated with the Port will occupy 4.8 acres of seafloor. An
additional area of the seafloor of up to 38 acres will be subject to
disturbance due to chain sweep while the buoys are occupied. The
benthic community in the up-to 38 acres of soft bottom that may be
swept by the anchor chains while EBRVs are docked will have limited
opportunity to recover, so this area will experience a long-term
reduction in benthic productivity.
Each EBRV will require the withdrawal of an average of 4.97 million
gallons per day of sea water for general ship operations during its 8-
day stay at the Port. As with hydrostatic testing, plankton associated
with the sea water will not likely survive this activity. Based on
densities of plankton in Massachusetts Bay, it is estimated that sea
water use during operations will consume, on a daily basis, about 3 200
x 1,010 phytoplankton cells (about several hundred grams of biomass),
6.5 x 108 zooplankters (equivalent to about 1.2 kg of copepods), and on
the order of 30,000 fish eggs and 5,000 fish larvae. Also, the daily
removal of sea water will reduce the food resources available for
planktivorous organisms. However, the removal of these species is minor
relative to the overall area they occupy and unlikely to measurably
affect the food sources available to marine mammals.
Monitoring, Mitigation, and Reporting Measures
All individuals onboard the EBRVs responsible for the navigation
and lookout duties on the vessel must receive training prior to
assuming navigation and lookout duties, a component of which will be
training on marine mammal sighting/reporting and vessel strike
avoidance measures. Crew training of EBRV personnel will stress
individual responsibility for marine mammal awareness and reporting.
[[Page 29490]]
If a marine mammal is sighted by a crew member, an immediate
notification will be made to the Person-in-Charge on board the vessel
and the Northeast Port Manager, who will ensure that the required
reporting procedures are followed.
Vessel Strike Avoidance
(1) All EBRVs approaching or departing the port will comply with
the Mandatory Ship Reporting (MSR) system to keep apprised of right
whale sightings in the vicinity. Vessel operators will also receive
active detections from the passive acoustic array prior to and during
transit through the northern leg of the Boston TSS where the buoys are
installed.
(2) In response to active right whale sightings (detected
acoustically or reported through other means such as the MSR or SAS),
and taking into account safety and weather conditions, EBRVs will take
appropriate actions to minimize the risk of striking whales, including
reducing speed to 10 knots or less and alerting personnel responsible
for navigation and lookout duties to concentrate their efforts.
(3) EBRVs will maintain speeds of 12 knots or less while in the TSS
until reaching the vicinity of the buoys (except during the seasons and
areas defined below, when speed will be limited to 10 knots or less).
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 buoy.
(4) EBRVs will reduce transit speed to 10 knots or less (unless
hydrographic, meteorological, or traffic conditions dictate an
alternative speed to maintain the safety or maneuverability of the
vessel) from March 1 - April 30 in all waters bounded by straight lines
connecting the following points in the order stated below. This area is
also known as the Off Race Point Seasonal Management Area (SMA).
42[deg]30'N 70[deg]30'W
42[deg]30'N 69v45'W
41[deg]40'N 69[deg]45'W
41[deg]40'N 69[deg]57'W
42[deg]04.8'N 70[deg]10'W
42[deg]12'N 70[deg]15'W
42[deg]12'N 70[deg]30'W
42[deg]30'N 70[deg]30'W
(5) EBRVs will reduce transit speed to 10 knots or less (unless
hydrographic, meteorological, or traffic conditions dictate an
alternative speed to maintain the safety or maneuverability of the
vessel) from April 1 - July 31 in all waters bounded by straight lines
connecting the following points in the order stated below. This area is
also known as the Great South Channel SMA.
42[deg]30'N 69[deg]45'W
42[deg]30'N 67[deg]27'W
42[deg]09'N 67[deg]08.4'W
41[deg]00'N 69[deg]05'W
41[deg]40'N 69[deg]45'W
42[deg]30'N 69[deg]45'W
(6) EBRVs are not expected to transit Cape Cod Bay. However, in the
event transit through Cape Cod Bay is required, EBRVs will reduce
transit speed to 10 knots or less (unless hydrographic, meteorological,
or traffic conditions dictate an alternative speed to maintain the
safety or maneuverability of the vessel) from January 1 - 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.
(7) In such cases where speeds in excess of the ten knot speed
maximums as described above are required, the reasons for the
deviation, the speed at which the vessel is operated, the area, and the
time and duration of such deviation will be documented in the logbook
of the vessel and reported to the NMFS Northeast Region Ship Strike
Coordinator.
Passive Acoustic Monitoring (PAM) Program
An array of Auto-detection Buoys (ABs) have been installed in the
Boston TSS that meets the criteria specified in the recommendations
developed by NOAA through consultation with the USCG under the National
Marine Sanctuary Act (NMSA). The system will be monitored during the
LNG Port operations and will provide near real-time information on the
presence of vocalizing whales in the shipping lanes.
An archival array of acoustic recording units (ARUs), or ``pop-
ups,'' has been installed around the port site that meets the criteria
specified in the program developed by NOAA in consultation with the
USCG under the National Marine Sanctuary Act (NMSA). The ARUs will be
in place for 5 years following initiation of operations to monitor the
actual acoustic output of port operations and alert NOAA to any
unanticipated adverse effects of port operations, such as large-scale
abandonment of the area.
Reporting
The Project area is within the Mandatory Ship Reporting Area
(MSRA), so all vessels entering and exiting the MSRA would report their
activities to WHALESNORTH. During all phases of the Northeast Gateway
LNG Port operation, sightings of any injured or dead marine mammals
would be reported immediately to the USCG or NMFS, regardless of
whether the injury or death is caused by project activities.
An annual report on marine mammal monitoring and mitigation would
be submitted to NMFS Office of Protected Resources and NMFS Northeast
Regional Office within 90 days after the expiration of the IHA. The
annual report should include data collected for each distinct marine
mammal species observed in the project area in the Massachusetts Bay
during the period of LNG facility operation. Description of marine
mammal behavior, overall numbers of individuals observed, frequency of
observation, and any behavioral changes and the context of the changes
relative to operation activities shall also be included in the annual
report.
ESA
On February 5, 2007, NMFS concluded consultation with MARAD and the
USCG, under section 7 of the ESA, on the proposed construction and
operation of the Northeast Gateway LNG facility and issued a biological
opinion. The finding of that consultation was that the construction and
operation of the Northeast Gateway LNG terminal may adversely affect,
but is not likely to jeopardize, the continued existence of northern
right, humpback, and fin whales, and is not likely to adversely affect
sperm, sei, or blue whales and Kemp's ridley, loggerhead, green or
leatherback sea turtles. An incidental take statement (ITS) was issued
following NMFS' issuance of the IHA.
On November 15, 2007, Northeast Gateway and Algonquin submitted a
letter to NMFS requesting an extension for the LNG Port construction
into December 2007. Upon reviewing Northeast Gateway's weekly marine
mammal monitoring reports submitted under the previous IHA, NMFS
recognized that the potential take of some marine mammals resulting
from the LNG Port and Pipeline Lateral by Level B behavioral harassment
likely had exceeded the original take estimates. Therefore, NMFS
Northeast Region (NER) reinitiated consultation with MARAD and USCG on
the construction and operation of the Northeast Gateway LNG facility.
On November 30, 2007, NMFS NER issued a revised biological opinion,
reflecting the revised construction time period and including a revised
ITS. This revised biological opinion concluded that the construction
and operation of the Northeast Gateway LNG terminal may adversely
affect, but is not likely to jeopardize, the continued existence of
northern right, humpback, and fin
[[Page 29491]]
whales, and is not likely to adversely affect sperm, sei, or blue
whales. NMFS has concluded that issuance of this IHA renewal would not
have impacts beyond what was analyzed in the November 30, 2007,
biological opinion, so additional consultation is not required.
NEPA
MARAD and the USCG released a Final EIS/Environmental Impact Report
(EIR) for the proposed Northeast Gateway Port and Pipeline Lateral. A
notice of availability was published by MARAD on October 26, 2006 (71
FR 62657). The Final EIS/EIR provides detailed information on the
proposed project facilities, construction methods and analysis of
potential impacts on marine mammal.
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 has reviewed the Final EIS and has adopted it.
Therefore, the preparation of another EIS or EA is not warranted.
Determinations
NMFS has determined that the impact of operation of the Northeast
Gateway Port Project may result, at worst, in a temporary modification
in behavior of small numbers of certain species of marine mammals that
may be in close proximity to the Northeast Gateway LNG facility and
associated pipeline during its operation. These activities are expected
to result in some local short-term displacement only of the affected
species or stocks of marine mammals. Taking these two factors together,
NMFS concludes that the activity will have no more than a negligible
impact on the affected species or stocks, as there will be no expected
effects on annual rates of survival and reproduction of these species
or stocks. This determination is further supported by the required
mitigation, monitoring, and reporting measures described in this
document and in NMFS' Biological Opinion on this action.
As a result of implementation of the described mitigation and
monitoring measures, no take by injury or death would be requested,
anticipated or authorized, and the potential for temporary or permanent
hearing impairment is very unlikely due to the relatively low noise
levels (and consequently small zone of impact).
While the number of marine mammals that may be harassed will depend
on the distribution and abundance of marine mammals in the vicinity of
the LNG Port facility, the estimated numbers of marine mammals to be
harassed is small relative to the affected species or stock sizes.
Authorization
NMFS has issued an IHA to Northeast Gateway for conducting LNG Port
facility operations in Massachusetts Bay, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: May 15, 2008.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E8-11417 Filed 5-20-08; 8:45 am]
BILLING CODE 3510-22-S