Small Takes of Marine Mammals Incidental to Specified Activities: Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Facility off Massachusetts
Federal Register: May 8, 2009 (Volume 74, Number 88)
Notices
Page 21648-21659
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08my09-42
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XO84
Small Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Construction and Operation of a
Liquefied Natural Gas Facility off Massachusetts
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 received an application from Neptune LNG, L.L.C.
(Neptune) for take of marine mammals, by Level B harassment, incidental to construction and operation of an offshore liquefied natural gas
(LNG) facility in Massachusetts Bay. Under the Marine Mammal Protection
Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to Neptune to incidentally take, by harassment, small numbers of several species of marine mammals during construction and operations of the LNG facility for a period of 1 year.
DATES: Comments and information must be received no later than June 8, 2009.
ADDRESSES: Written comments on the application should be addressed to:
-
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. The mailbox address for providing email comments is PR1.0648-XO84@noaa.gov. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. A copy of the application containing a list of references used in this document may be obtained by writing to this address, by telephoning the contact listed below (see FOR FURTHER INFORMATION
CONTACT) or online at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address.
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 Neptune LNG
Deepwater Port License Application is available for viewing at http:// www.regulations.gov by entering the search words ``Neptune LNG.''
FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected
Resources, NMFS, (301) 713-2289 ext. 156.
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 to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review.
Authorization for incidental takings may 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, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking 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 establishes an expedited process by which citizens of the U.S. can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of 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,
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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 small numbers 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 December 27, 2007, NMFS received an application from Neptune requesting an MMPA authorization to take small numbers of several species of marine mammals, by Level B (behavioral) harassment, incidental to construction and operation of an offshore LNG facility.
NMFS has already issued a 1-year IHA to Neptune for construction activities pursuant to section 101(a)(5)(D) of the MMPA (73 FR 33400,
June 12, 2008), which is effective through June 30, 2009. This proposed
IHA would cover the completion of construction activities and operations for a 1-year period. Since operation and maintenance of the
Neptune LNG Port facility will be ongoing into the foreseeable future,
NMFS plans to propose regulations, pursuant to section 101(a)(5)(A) of the MMPA, to govern these incidental takes under a Letter of
Authorization for up to 5 years. Under section 101(a)(5)(A), NMFS also must prescribe mitigation, monitoring, and reporting requirements in its regulations. NMFS announced notice of receipt of the application for regulations and requested comments on February 19, 2008 (73 FR 9092) and plans to publish proposed regulations later this year.
Description of the Project
On March 23, 2007, Neptune received a license to own, construct, and operate a deepwater port (Port or Neptune Port) from MARAD. The
Port, which will be located in Massachusetts Bay, will consist of a submerged buoy system to dock specifically designed LNG carriers approximately 22 mi (35 km) northeast of Boston, Massachusetts, in
Federal waters approximately 260 ft (79 m) in depth. The two buoys will be separated by a distance of approximately 2.1 mi (3.4 km).
Neptune will be capable of mooring LNG shuttle and regasification vessels (SRVs) with a capacity of approximately 140,000 cubic meters
(m3). Up to two SRVs will temporarily moor at the proposed deepwater port by means of a submerged unloading buoy system. Two separate buoys will allow natural gas to be delivered in a continuous flow, without interruption, by having a brief overlap between arriving and departing
SRVs. The annual average throughput capacity will be around 500 million standard cubic feet per day (mmscfd) with an initial throughput of 400 mmscfd, and a peak capacity of approximately 750 mmscfd.
The SRVs will be equipped to store, transport, and vaporize LNG, and to odorize, meter and send out natural gas by means of two 16-in
(40.6-cm) flexible risers and one 24-in (61-cm) subsea flowline. These risers and flowline will lead to a proposed 24-in (61-cm) gas transmission pipeline connecting the deepwater port to the existing 30- in (76.2-cm) Algonquin Hubline\SM\ (Hubline\SM\) located approximately 9 mi (14.5 km) west of the proposed deepwater port location. The Port will have an expected operating life of approximately 20 years. Figure 1-1 of Neptune's application shows an isometric view of the Port.
On February 15, 2005, Neptune submitted an application to the USCG and MARAD under the Deepwater Port Act for all Federal authorizations required for a license to own, construct, and operate a deepwater port for the import and regasification of LNG off the coast of
Massachusetts. Because, as described later in this document, there is a potential for marine mammals to be taken by harassment, incidental to construction of the facility and its pipeline and by the transport and regasification of LNG, Neptune has applied for an MMPA authorization.
The following sections briefly describe the activities that might harass marine mammals. Detailed information on these activities can be found in the MARAD/USCG Final EIS on the Neptune Project (see ADDRESSES for availability).
Construction Activities
The sequence for the offshore installation effort for Neptune is as follows: mobilize an anchored lay barge and support vessels (i.e., anchor handling tugs, oceangoing tugs, and survey/diver support vessel) for the Proposed Pipeline Route; install the flowline between the riser mainfolds locations; install the new gas transmission pipeline from the northern riser manifold location to the transition manifold location at the Hubline\SM\; conduct pipeline hydrostatic testing; install the hot tap at the Hubline\SM\; install the two riser manifolds and the transition manifold; install the anchor piles and the lower portion of the mooring lines; connect the mooring lines to the unloading buoys and properly tension the mooring lines; and connect the two risers and control umbilicals between the unloading buoys and the riser manifolds.
Construction began in July 2008 and is expected to be completed in
September 2009. Construction activities in 2008 ceased on October 13.
Activities are expected to resume on May 1, 2009, under the current
IHA. See Figure 1-2 of Neptune's application for a full construction schedule.
Description of Construction Activities Completed in 2008
Flowline
A pipelaying vessel installed the flowline between the two riser manifold locations. The flowline is a 24-in-diameter (61-cm) line pipe with concrete weight coating and has a length of approximately 2.5 mi
(4 km). The flowline is buried to the top of the pipe. Trenching began approximately 300 ft (91.4 ft) from the southern riser manifold location and ended approximately 300 ft (91.4 ft) from the northern manifold location. Transition sections used hand jetting machines, as required, to lower the pipe in the trench. Transition sections were covered with concrete mats. A post-trenching survey was performed to verify that the proper depth was achieved. Subsequent survey runs will be performed in spring 2009 and after all construction is complete to ensure burial depth requirements are achieved.
Gas Transmission Pipeline to the Hubline\SM\
The gas transmission pipeline begins at the existing Hubline\SM\ pipeline approximately 3 mi (4.8 km) east of Marblehead Neck,
Massachusetts. From this point, the pipeline extends toward the northeast crossing of the territorial waters of the town of Marblehead, the city of Salem, the city of Beverly, and the town of Manchester-by- the-Sea for approximately 6.4 mi (10.3 km). The transmission line route continues to the southeast for approximately 4.5 mi (7.2 km) crossing state and Federal waters. The location of the pipeline is shown in
Figure 2-1 of Neptune's application.
The transmission pipe (with concrete weight coating) was transported from the temporary shore base to the operating site. The construction sequence for the transmission line began with plowing of the pipeline trench. A pipelaying vessel installed the 24-in-diameter
(61-cm) pipeline (target burial depth of 3 ft (0.9 m) to the top of the pipe) from the northern riser manifold location to the location of the transition manifold near the connection point to the Hubline\SM\. The gas transmission
Page 21650
line was buried from the transition manifold location to the northern riser manifold location. Trenching began approximately 300 ft (91.4 m) from the northern riser manifold location and ended approximately 300 ft (91.4 m) from the transition manifold location. A post-trenching survey was performed to verify that the proper depth was achieved.
Subsequent survey runs will be performed in spring 2009 and after all construction is complete to ensure burial depth requirements are achieved.
Hydrostatic Pipeline Integrity Testing
There was one combined gas transmission line and flowline hydrotest, following pipelay, trenching, and burial. The whole system is in-line and piggable, meaning that the pipeline can accept pigs, which are gauging/cleaning devices that are driven by pressure from one end of the pipe segment to the other without obstruction. The gas transmission line and flowline were flooded with approximately 1.5 million gallons of filtered seawater, including environmentally- friendly fluorescent dye and corrosion inhibitor. This volume assumes that no water will bypass the pigs and will include approximately 1,700 gallons (6,435 liters) of water in front of the flooding pig and approximately 1,700 gallons (6,435 liters) of water between other pigs.
Flooding took place from the southern riser manifold location to the
Hubline\SM\ transition manifold location. All hydro-test water will be discharged in Federal waters, near the unloading buoys in summer 2009.
The total pipeline system will then be swab-dried using a pig train with slugs of glycol or similar fluid. The water content of the successive slugs will be sampled to verify that the total pipeline has been properly dried.
Description of Construction Activities to be Completed in 2009
Pipeline Hot Tap Installation
The hot tap fitting, which will not require welding, will provide full structural reinforcement where the hole will be cut in the
Hubline\SM\. The tapping tool and actual hot tap procedure will be supplied and supervised by a specialist from the manufacturer. Prior to construction of the hot tap, divers will excavate the Hubline\SM\ tie- in location using suction pumps. The concrete weight coating will be removed from the Hubline\SM\ and inspected for suitability of the hot tap. The hinged hot tap fitting will then be lowered and opened to fit over the 30-in (76.2-cm) Hubline\SM\. The hot tap fitting will then be closed around the pipeline, the clam studs and packing flanges will be tightened, and the fitting will be leak tested. The Hubline\SM\ then will be tapped, and the valves will be closed. The hot tap and exposed sections of the Hubline\SM\ will be protected with concrete mats until the tie-in to the transition manifold occurs.
Anchor Installation
The prefabricated anchor piles will be installed offshore with a dynamic positioning derrick barge. The anchor points will be within a radius of 1,600 to 3,600 ft (487.7 to 1,097.3 m) of the center of each unloading buoy. The anchor system will be installed using suction pile anchors.
Unloading Buoys
The unloading buoys will be offloaded near the designated site. The derrick barge will connect the mooring lines from the anchor points to each unloading buoy and then adjust the mooring line tensions to the desired levels.
Risers
The anchor-handling vessel or small derrick barge also will connect the riser and the control umbilical between each unloading buoy and the associated riser manifold, complete the hydrostatic testing and dewatering of the risers, and test the control umbilicals.
Demobilization
Upon completion of the offshore construction effort, sidescan sonar will be used to check the area. Divers will remove construction debris from the ocean floor. All construction equipment will leave the site.
Construction Vessels
The pipeline lay barge, anchor-handling vessels, and survey/diver support vessel each made two trips (one round trip) to and from the area of origin (Gulf of Mexico) and remained on station for the majority of the construction period. The supply vessels (or oceangoing tugs with cargo barges) and crew/survey vessel made regular trips between the construction sites and mainly the port of Gloucester
(approximately 8 mi (12.9 km)) and Quincy Shipyard (approximately 20 mi
(12.4 km)). During the entire project installation period in 2008 and 2009, the supply vessel will make approximately 102 trips (51 round trips), and the crew/survey vessel will make approximately 720 trips
(360 round trips) for a combined total of 822 construction-support- related transits (411 round trips).
All of the construction and support vessels transit Massachusetts
Bay en route to the Port. While transiting to and from the construction sites, the supply and crew/survey vessels travel at approximately 10 knots (18.5 km/hr). While transiting to and from the Gulf of Mexico, the derrick/lay barge and anchor handling vessels travel up to 12 and 14 knots (22.2 and 25.9 km/hr), respectively, but operate either in place or at very slow speeds during construction. The survey/diver support vessel travels at speeds up to 10 knots (18.5 km/hr) transiting to and from the construction area and between dive sites.
Materials, including unloading buoys, mooring lines, risers, and control umbilicals, will be transported from the shore-based storage area in New Brunswick, Canada, to the operating site on the vessel's deck. Cargo barges pulled by tugs transport the concrete-coated pipe sections and manifolds to the operating site.
Approved construction procedures are delivered to each construction vessel, and a kick-off meeting to review construction procedures, health and safety procedures, and environmental limitations are held with key personnel prior to starting each construction activity.
Construction Sound
Underwater acoustic analyses were completed for activities related to all aspects of Neptune construction. Activities considered to be potential sound sources during construction include: installation
(plowing) of flowline and main transmission pipeline routes; lowering of materials (pipe, anchors, and chains); and installation of the suction pile anchors.
Construction-related activities for the Port and the pipeline will generate sound exceeding 120-dB re 1 microPa (rms). The loudest source of underwater noise during construction of the Neptune Port will be the use of thrusters for dynamic positioning.
Port Operations
During Neptune Port operations, sound will be generated by the regasification of the LNG aboard the SRVs and as a result of the use of thrusters by vessels maneuvering and maintaining position at the Port.
Of these potential sound sources, thruster use for dynamic positioning has the potential to have the greatest impact. Operations are not expected to begin until spring 2010 at the earliest. The following text describes the activities that will occur at the Port upon its commissioning.
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Description of Port Operations
Vessel Activity
The SRVs will approach the Port using the Boston Harbor Traffic
Separation Scheme (TSS), entering the TSS within the Great South
Channel (GSC) and remaining in the TSS until they reach the Boston
Harbor Precautionary Area. At the Boston Lighted Horn Buoy B (at the center of the Boston Harbor Precautionary Area), the SRV will be met by a pilot vessel and a support vessel. A pilot will board the SRV, and the support vessel will accompany the SRV to the Port. SRVs carrying
LNG typically travel at speeds up to 19.5 knots (36 km/hr). However,
Neptune SRVs will reduce speed to 10 knots (18.5 km/hr) within the TSS year-round in the Off Race Point Seasonal Management Area (SMA; described later in this document) and to a maximum of 10 knots (18.5 km/hr) when traveling to and from the buoys once exiting the shipping lanes at the Boston Harbor Precautionary Area. In addition, Neptune will reduce speeds to 10 knots (18.5 km/hr) in the GSC SMA (described later in this document) from April 1 to July 31.
To supply a continuous flow of natural gas into the pipeline, about 50 roundtrip SRV transits will take place each year on average (one transit every 3.65 days). However, in the early stages of operation, it is expected that far fewer transits will occur each year. As an SRV approaches the Port, vessel speed will gradually be reduced. Upon arrival at the Port, one of the submerged unloading buoys will be located and retrieved from its submerged position by means of a winch and recovery line. The SRV is designed for operation in harsh environments and can connect to the unloading buoy in up to 11.5 ft
(3.5 m) significant wave heights and remain operation in up to 36 ft
(11 m) significant wave heights, providing high operational availability. The vessel's aft/forward thrusters will be used, only as necessary, for between 10 and 30 min during the docking procedure.
During normal conditions, the vessel will be allowed to ``weathervane'' on the single-point mooring system. However, there will be certain conditions when aft thrusters may be used to maintain the heading of the vessel into the wind when competing tides operate to push the vessel broadside to the wind. In these circumstances, the ambient sound will already be high because of the wind and associated wave sound.
Regasification System
Once an SRV is connected to a buoy, the vaporization of LNG and send-out of natural gas can begin. Each SRV will be equipped with three vaporization units, each with the capacity to vaporize 250 mmscfd.
Under normal operation, two units will be in service. The third vaporization unit will be on standby mode, though all three units could operate simultaneously.
Operations Sound
The acoustic effects of using the thrusters for maneuvering at the unloading buoys were modeled by JASCO Research Limited (2005). The analysis assumed the use of four thrusters (two bow, two stern) at 100 percent power during all four seasons. Additional details of the modeling analyses can be found in Appendices B and C of Neptune's application (see ADDRESSES). During operations of the Port, the only sound that will exceed 120-dB is associated with the maneuvering of the
SRVs during final docking at the Port. The loudest source of underwater sound during both construction or operation of the Neptune Port will be the use of thrusters for dynamic positioning.
Description of Marine Mammals Affected by the Activity
Marine mammal species that potentially occur within the Neptune facility impact area include several species of cetaceans and pinnipeds: North Atlantic right whale, blue whale, fin whale, sei whale, minke whale, humpback whale, killer whale, long-finned pilot whale, sperm whale, Atlantic white-beaked dolphin, Atlantic white-sided dolphin, bottlenose dolphin, common dolphin, harbor porpoise, Risso's dolphin, striped dolphin, gray seal, harbor seal, harp seal, and hooded seal. Table 3-1 in the IHA application outlines the marine mammal species that occur in Massachusetts Bay and the likelihood of occurrence of each species. Information on those species that may be impacted by this activity are discussed in detail in the MARAD/USCG
Final EIS on the Neptune 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 the
NMFS U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments
(Waring et al., 2009), which are available at: http:// www.nefsc.noaa.gov/publications/tm/tm210/. A summary on several commonly sighted marine mammal species distribution and abundance in the vicinity of the action area is provided below.
Humpback Whale
The highest abundance for humpback whales is 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 GSC, 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, 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 increases markedly over the shallow waters (Southeast U.S. SMA from November 15 through April 15, which is bounded by the shoreline, 31[deg] 27' N. (i.e., the northern edge of the Mandatory Ship Reporting System (MSRS) boundary) to the north, 29[deg] 45' N. to the south, and 80[deg] 51.6' W. (i.e., the eastern edge of the MSRS boundary);
Mid-Atlantic SMAs from November 1 through April 30, which encompass the waters within a 30 nm (55.6 km) area with an epicenter at the midpoint of the COLREG demarcation line crossing the entry into the following designated ports or bays: (a) Ports of New York/New Jersey;
(b) Delaware Bay (Ports of Philadelphia and Wilmington); (c) Entrance to the Chesapeake Bay (Ports of Hampton Roads and Baltimore) (d) Ports of Morehead City and Beaufort, North Carolina; (e) Port of Wilmington,
North Carolina; (f) Port of Georgetown, South Carolina; (g) Port of
Charleston, South Carolina; and (h) Port of Savannah, Georgia;
CCB SMA from January 1 through May 15, which includes all waters in CCB, extending to all shorelines of the Bay, with a northern boundary of 42[deg] 12' N. latitude;
Off Race Point SMA year round, which is bounded by straight lines connecting the following coordinates in the order stated: 42[deg] 30' N. 69[deg] 45' W.; thence to 42[deg] 30' N. 70[deg] 30' W.; thence to 42[deg] 12' N. 70[deg] 30' W.; thence to 42[deg] 12'
-
70[deg] 12' W.; thence to 42[deg] 04' 56.5'' N. 70[deg] 12' W.; thence along mean high water line and inshore limits of COLREGS limit to a latitude of 41[deg] 40' N.; thence due east to 41[deg] 41' N. 69[deg] 45' W.; thence back to starting point; and
GSC SMA from April 1 through July 31, which is bounded by straight lines connecting the following coordinates in the order stated: 42[deg] 30' N. 69[deg] 45' W. 41[deg] 40' N. 69[deg] 45' W. 41[deg] 00' N. 69[deg] 05' W. 42[deg] 09' N. 67[deg] 08' 24'' W. 42[deg] 30' N. 67[deg] 27' W. 42[deg] 30' N. 69[deg] 45' W.
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(5) Passive Acoustic Monitoring (PAM) Program
In addition to visual monitoring, Neptune will utilize a PAM system to aid in the monitoring and detection of North Atlantic right whales in the proposed project construction area. The PAM system will be capable of detecting and localizing (range and bearing) North Atlantic right whales in real-time with the use of six strategically placed acoustic bouys. When combined with the action and communication plan,
Neptune has the capability to make timely decisions and undertake steps to minimize the potential for collisions between these marine mammals and construction vessels. An array of auto-detection monitoring buoys moored at regular intervals in a circle surrounding the site of the terminal and associated pipeline construction were installed in 2008 and will be redeployed for the 2009 construction season. Passive acoustic devices are actively monitored for detections by a NMFS- approved bioacoustic technician.
Nineteen permanent archival acoustic recording units (ARUs) or pop- ups have been arranged around the Port and pipeline to maximize auto detection and to provide localization capability. The buoys are designed to monitor the sound output from construction activities to assess construction impacts on marine mammals and to aid in the estimation of takes during the construction period.
(6) Other Measures
Operations involving excessively noisy equipment will ``ramp-up'' sound sources, as long as this does not jeopardize the safety of vessels or construction workers, allowing whales a chance to leave the area before sounds reach maximum levels. Contractors will be required to utilize vessel-quieting technologies that minimize sound.
Contractors will be required to maintain individual Spill Prevention,
Control, and Containment Plans in place for construction vessels during construction.
An environmental coordinator with experience coordinating projects to monitor and minimize impacts to marine mammals will be onsite to coordinate all issues concerning marine protected species, following all of the latest real-time marine mammal movements. The coordinator will work to ensure that environmental standards are adhered to and adverse interactions between project equipment and marine mammals do not occur.
Port Operation Minimization Measures
(1) Visual Monitoring and Vessel Strike Avoidance
Prior to entering areas where right whales are known to occur, including the GSC and SBNMS, SRV operators will consult NAVTEX, NOAA
Weather Radio, NOAA's Right Whale Sighting Advisory System (SAS), or other means to obtain the latest Dynamic Management Area (DMA) information. Vessel operators will also receive active detections from the passive acoustic array prior to and during transit through the northern leg of the Boston Harbor TSS where the buoys are installed.
In response to active DMAs or acoustic detections, SRVs will take appropriate actions to minimize the risk of striking whales, including reducing speed to 10 knots (18.5 km/hr) maximum and posting additional observers. Designated crew members will undergo NMFS-approved training regarding marine mammal presence and collision avoidance procedures.
Vessels approaching and departing the port from LNG supply locations will enter the Boston Harbor TSS as soon as practicable and remain in the TSS until the Boston Harbor Precautionary Area. SRVs and support vessels will travel at 10 knots (18.5 km/hr) maximum when transiting to/from the port outside of the TSS. SRVs will abide by the same restrictions as required in the ``Vessel Strike Avoidance'' subsection for ``Port Construction Minimization Measures'' in the Off
Race Point and GSC SMAs for operations unless hydrographic, meteorological, or traffic conditions dictate an alternative speed to maintain the safety and maneuverability of the vessel. In such cases where speeds in excess of the 10-knot (18.5 km/hr) speed maximums 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 NMFS'
Northeast Region Ship Strike Coordinator.
All vessels will comply with the year-round MSRS. If whales are seen within 0.6 mi (1 km) of the buoy, then the SRVs will wait until the whale(s) leave(s) the area before departing.
(2) PAM Program
The array of auto-detection monitoring buoys described previously in the ``Passive Acoustic Monitoring (PAM) Program'' subsection of this document 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. Additionally, the ARUs, discussed in that subsection, will be in place for 5 years following initiation of operations to monitor the actual acoustic output of port operations and to alert NOAA to any unanticipated adverse effects of port operations, such as large-scale abandonment of the area or greater acoustic impacts than predicted through modeling.
Proposed Reporting Requirements
During construction, weekly status reports will be provided to NMFS utilizing standardized reporting forms. In addition, the Neptune Port
Project area is within the MSRA, so all construction and support vessels will 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 will report their activities to WHALESNORTH. Any right whale sightings will be reported to the NMFS SAS.
During all phases of project construction, sightings of any injured or dead marine mammals will be reported immediately to the USCG and
NMFS, regardless of whether the injury or death is caused by project activities. Sightings of injured or dead marine mammals not associated with project activities can be reported to the USCG on VHF Channel 16 or to NMFS Stranding and Entanglement Hotline. In addition, if the injury or death was caused by a project vessel (e.g., SRV, support vessel, or construction vessel), USCG must be notified immediately, and a full report must be provided to NMFS, Northeast Regional Office. The report must include the following information: (1) the time, date, and location (latitude/longitude) of the incident; (2) the name and type of vessel involved; (3) the vessel's speed during the incident; (4) a description of the incident; (5) water depth; (6) environmental conditions (e.g., wind speed and direction, sea state, cloud cover, and visibility); (7) the species identification or description of the animal; and (8) the fate of the animal.
An annual report on marine mammal monitoring and mitigation will be submitted to NMFS Office of Protected Resources and NMFS Northeast
Regional Office within 90 days after the expiration of the IHA. The weekly reports and 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 construction.
Description of marine mammal behavior, overall numbers of
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individuals observed, frequency of observation, and any behavioral changes and the context of the changes relative to construction activities shall also be included in the annual report. Additional information that will be recorded during construction and contained in the reports include: date and time of marine mammal detections
(visually or acoustically), weather conditions, species identification, approximate distance from the source, activity of the vessel or at the construction site when a marine mammal is sighted, and whether thrusters were in use and, if so, how many at the time of the sighting.
Endangered Species Act (ESA)
On January 12, 2007, NMFS concluded consultation with MARAD and
USCG under section 7 of the ESA on the proposed construction and operation of the Neptune LNG facility and issued a Biological Opinion.
The finding of that consultation was that the construction and operation of the Neptune 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. Issuance of this IHA will not have any impacts beyond those analyzed in that consultation.
National Environmental Policy Act
MARAD and the USCG released a Final EIS/Environmental Impact Report
(EIR) for the proposed Neptune LNG Deepwater Port. A notice of availability was published by MARAD on November 2, 2006 (71 FR 64606).
The Final EIS/EIR provides detailed information on the proposed project facilities, construction methods, and analysis of potential impacts on marine mammals. The Final EIS/EIR is incorporated as part of the MMPA record of decision (ROD) for this action.
NMFS was a cooperating agency in the preparation of the Draft and
Final EISs based on a Memorandum of Understanding related to the
Licensing of Deepwater Ports entered into by the U.S. Department of
Commerce along with 10 other government agencies. On June 3, 2008, NMFS adopted the USCG and MARAD FEIS and issued a separate ROD for issuance of authorizations pursuant to sections 101(a)(5)(A) and (D) of the MMPA for the construction and operation of the Neptune LNG Port facility.
Preliminary Determinations
NMFS has preliminarily determined that the impact of construction and operation of the Neptune 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 Neptune LNG facility and associated pipeline during its construction and operation.
These activities are expected to result in some local short-term displacement, resulting in no more than a negligible impact on the affected species or stocks of marine mammals. The provision requiring that the activity not have an unmitigable adverse impact on the availability of the affected species or stock for subsistence use does not apply for this proposed action as there is no such uses of these species or stocks in the proposed project area.
This preliminary determination is supported by measures described earlier in this document under ``Proposed Mitigation and Monitoring
Measures,'' ``Reporting Requirements,'' and MARAD's ROD (and NMFS'
Biological Opinion on this action). As a result of the described mitigation measures, no take by injury or death is requested, anticipated, or proposed to be authorized, and the potential for temporary or permanent hearing impairment is very unlikely due to the relatively low sound source levels (and consequently small zone of impact for hearing-related effects). The likelihood of such effects would be avoided through the incorporation of the proposed shut-down mitigation measures mentioned in this document. 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 Port facility during construction and operation, the estimated number of marine mammals to be harassed is small.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to issue an IHA to Neptune for the taking (by Level B harassment only) incidental to construction and operation of the Neptune Port provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.
Dated: May 1, 2009.
Katy M. Vincent,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
FR Doc. E9-10681 Filed 5-7-09; 8:45 am
BILLING CODE 3510-22-S