[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]
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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.
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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:
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. 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,
[[Page 21649]]
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.
[[Page 21651]]
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 (<50 m, or <164 ft) of Stellwagen Bank, the waters
(100-200 m, 328-656 ft) between Platts Bank and Jeffreys Ledge, the
steep slopes (between the 30- and 160-m isobaths, 98- and 525-ft
isobaths) of Phelps and Davis Bank north of the GSC 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 GSC.
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 GSC (between the 50- and 160-m, 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 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
[[Page 21652]]
160-m, 328- to 525-ft, isobaths), as well as Georges Basin and northern
Georges Bank.
Minke Whale
Like other piscivorus 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, GSC,
and Georges Shoals on Georges Bank. Minke whales are sighted in SBNMS
in all seasons, with highest abundance estimated for the shallow waters
(approximately 40 m, 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.
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, or 328- to 525-ft, isobaths) on
the northern edge of the GSC 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, <98 ft) of Cape Cod Bay (CCB), 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 GSC 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, CCB, 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 occurs along the
southern edge of the Bank.
Long-finned Pilot Whale
The long-finned pilot whale is more generally found along the edge
of the continental shelf (a depth of 100 to 1,000 m, or 328 to 3,280
ft), choosing areas of high relief or submerged banks in cold or
temperate shoreline waters. This species is split into two subspecies:
the Northern and Southern subspecies. The Southern subspecies is
circumpolar with northern limits of Brazil and South Africa. The
Norther subspecies, which could be encountered during construction and/
or operation of the Neptune Port facility, 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, GSC, and
Gulf of Maine areas during the summer and early fall (May and October;
NOAA, 1993). According to the SAR, the best population estimate for the
western North Atlantic stock of long-finned pilot whale is 31,139
individuals (Waring et al., 2009).
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 on either side of the 100-m (328-ft) isobath along
the northern edge of Georges Bank, and north from the GSC to Stellwagen
Bank, Jeffreys Ledge, Platts Bank, and Cashes Ledge. In spring, high-
use areas exist in the GSC, 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 occur along most of the northern edge of Georges Bank between the
50- and 200-m (164- and 656-ft) isobaths and northward from the GSC
along the slopes of Davis Bank and Cape Cod. High sightings are also
recorded over Truxton Swell, Wilkinson Basin, Cashes Ledge and the
bathymetrically complex area northeast of Platts Bank. High 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 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 piscivorus or planktivorous, are more
concentrated than the dolphins and porpoises. They utilize a corridor
that extends 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-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 GSC. 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.
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 are
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; Neptune Marine Mammal Monitoring
Weekly Reports, 2008).
Harbor Seal and Gray Seal
In the U.S. 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., 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 has increased (deHart, 2002). In U.S.
waters, harbor seal breeding and pupping normally occur in
[[Page 21653]]
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).
Although gray seals are often seen off the coast from New England
to Labrador, within 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 400 gray seals was documented on outer Cape Cod and
Muskeget Island (Waring et al., 2007).
Potential Effects of Noise on Marine Mammals
The effects of sound on marine mammals are highly variable and can
be categorized as follows (based on Richardson et al., 1995): (1) The
sound 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 sound may be
audible but not strong enough to elicit any overt behavioral response;
(3) The sound 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 sound 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 sound 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 sound, it is possible that there could be
sound-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 tissue associated with organs
vital for hearing, sound production, respiration, and other functions.
This trauma may include minor to severe hemorrhage.
There are three general types of sounds recognized by NMFS:
continuous, intermittent (or transient), and pulsive. Sounds of short
duration that are produced intermittently or at regular intervals, such
as sounds from pile driving, are classified as ``pulsed.'' Sounds
produced for extended periods, such as sound from generators, are
classified as ``continuous.'' Sounds from moving sources, such as
ships, can be continuous, but for an animal at a given location, these
sounds are ``transient'' (i.e., increasing in level as the ship
approaches and then diminishing as it moves away).
The only anticipated impact to marine mammals during construction
and operation would be the short-term displacement of marine mammals
from areas ensonified by sound generated by equipment operation and
vessel movement (thruster use). The sound sources of potential concern
are continuous and intermittent sound sources, including underwater
noise generated during pipeline/flowline construction and operational
underwater sound generated by regasification/offloading (continuous)
and dynamic positioning of vessels using thrusters (intermittent).
Neither the construction nor operation of the Port will cause pulsive
sound activities, including pile driving, seismic activities, or
blasting. Both continuous and intermittent sound sources are subject to
NMFS' 120 dB re 1 microPa threshold for determining Level B harassment
take levels from continuous underwater noise that may result in the
disturbance of marine mammals.
Potential Impacts of Construction Activities
Construction and operation of the Neptune Port will occur
consecutively, with no overlap in activities. Sound from Port and
pipeline construction will cause some possible disturbance to small
numbers of both baleen and toothed whales. Additionally, harbor and
gray seals may occur in the area and may experience some disturbance.
The installation of the suction piles will produce only low levels
of sound during the construction period and will not increase the
numbers of animals affected. Modeling results indicate that noise
levels would be below 90 dB re 1 microPa within 0.2 mi (0.3 km) of the
source. Pipe-laying activities will generate continuous but transient
sound and will likely result in variable sound levels during the
construction period. Modeling conducted by JASCO Research Limited
indicates that, depending on water depth, the 120-dB contour during
pipe-laying activities would extend 3.9 km (2.1 nm) from the source and
cover an area of 52 km\2\ (15 nm\2\). Additionally, the use of
thrusters during maneuvering or under certain wind and tidal conditions
will generate sound levels above the 120-dB threshold. The temporary
elevation in the underwater sound levels may cause some species to
temporarily disperse from or avoid construction areas, but they are
expected to return shortly after construction is completed. The
underwater sound generated by the use of the thrusters during
maneuvering or under certain wind and tidal conditions is expected to
have only minimal effects to individual marine mammals and is not
expected to have a population-level effect to local marine mammal
species or stocks because of the short-term and temporary nature of the
activity.
The likelihood of a vessel strike of a marine mammal during
construction is low since construction vessels travel at very slow
speeds. Any whales foraging near the bottom would be able to avoid
collision or interaction with the equipment and displacement would be
temporary for the duration of the plow pass. No injury or mortality of
marine mammals is expected as a result of construction of the Neptune
Port facility.
Potential Impacts of Operational Activities
During the operational life of the project, marine mammals will be
exposed to intermittent sound from the use of thrusters positioning the
carriers at the unloading buoys and the sounds associated with the
regasification process. Under certain wind and tidal conditions, the
two aft thrusters will be continuously operated to maintain the heading
of the vessel into the wind when competing tides operate to push the
vessel broadside to the wind. These activities will occur at each of
the two fixed-location unloading buoys. The sound from the
regasification process is low and will not reach levels of 120 dB
[[Page 21654]]
re 1 microPa. However, the brief bursts (10-30 min) of sound associated
with the use of four thrusters to position the ships would have the
potential to disturb marine mammals near the Port. The underwater sound
generated by the use of the thrusters during maneuvering or under
certain wind and tidal conditions is expected to have only minimal
effects to individual marine mammals and is not expected to have a
population-level effect to local marine mammal species or stocks. One
reason is the relatively short duration and infrequency of the use of
thrusters (every 4-8 days and 10-30 min each episode for maneuvering or
intermittently to maintain heading during certain weather conditions
when operations reach their peak. However, between July 2009 and June
2010, the period for this proposed IHA, it is expected that only one to
two shipments would occur, and they may be spaced even farther apart
than every 4-8 days).
The use of thrusters during dynamic positioning and the sounds
produced during the regasification process may cause some behavioral
harassment to marine mammals present in the project area. However, this
harassment is expected to be short-term and minimal in nature. Any
displacement from the Port location and surrounding areas is expected
to be temporary. Additionally, the distribution of odontocetes in the
area is patchy, the presence of baleen whales, especially North
Atlantic right whales, is seasonal, and harbor and gray seals have been
observed to habituate to human activities, including sound. No injury
or mortality is expected as a result of operations at the Port.
Using conservative estimates of both marine mammal densities in the
Project area and the size of the 120-dB zone of influence (ZOI), the
calculated number of individual marine mammals for each species that
could potentially be harassed annually is small. Please see the
``Estimates of Take by Harassment'' section for the calculation of
these numbers.
Estimates of Take by Harassment
Pipe-laying activities will generate continuous but transient sound
and will likely result in variable sound levels during the construction
period. Depending on water depth, the 120-dB contour during pipe-laying
activities will extend from the source (the Port) out to 3.9 km (2.1
nm) and cover an area of 52 km\2\ (15 nm\2\), and, for the flowline at
the Port, the 120-dB contour will extend from the pipeline route out to
4.2 km (2.3 nm) and cover an area of 49 km\2\ (14.3 nm\2\). (This
information is different from what is contained in the March 23, 2007,
application submitted by Neptune to NMFS. Neptune conducted its
acoustic modeling in the very early planning stages of the project,
when little information was available on the types of vessels that
could potentially be used during construction. Since that time, a
contractor has been hired to construct the Port. The vessels to be used
during Neptune Port construction are now estimated to generate
broadband underwater source levels in the range of 180 dB re 1 Pa at
1m, similar to several of the vessels modeled by JASCO for Neptune and
not in the range of 200 dB re 1 Pa at 1m, which was also included in
the original modeling as a worst case scenario. For more information on
the modeling conducted by JASCO, please refer to Appendix B of
Neptune's application.) Installation of the suction pile anchors at the
Port will produce only low levels of underwater sound, with no source
levels above 120-dB for continuous sound.
In order to estimate the level of takes for the operation phase of
this activity, NMFS has used the same ensonified zone as that described
above for construction activities (i.e., 52 km\2\ [15 nm\2\]).
The basis for Neptune's ``take'' estimate is the number of marine
mammals that potentially could be exposed to sound levels in excess of
120 dB. Typically, this is determined by applying the modeled ZOI
(e.g., the area ensonified by the 120-dB contour) to the seasonal use
(density) of the area by marine mammals and correcting for seasonal
duration of sound-generating activities and estimated duration of
individual activities when the maximum sound-generating activities are
intermittent to occasional. Nearly all of the required information is
readily available in the MARAD/USCG Final EIS, with the exception of
marine mammal density estimates for the project area. In the case of
data gaps, a conservative approach was used to ensure that 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 whales is not well documented within the project area.
Nonetheless, NMFS used the data on cetacean distribution within
Massachusetts Bay, such as those published by the NCCOS (2006), to
determine potential takes of marine mammals in the vicinity of the
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 the 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: the
Cetacean and Turtles Assessment Program, the Canadian Department of
Fisheries and Oceans, the Provincetown Center for Coastal Studies,
International Fund for Animal Welfare, NEFSC, New England Aquarium,
Woods Hole Oceanographic Institution, and the University of Rhode
Island. A total of 406,293 mi (653,725 km) of survey track and 34,589
cetacean observations were provisionally selected for the NCCOS study
in order to 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 NEFSC to provide an assessment of the
relative abundance and distribution of cetaceans, seabirds, and marine
turtles in the shelf waters of the northeastern U.S. (MBO, 1987). The
CSAP program was designed to be completely compatible with 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 8,383 mi (5,210 km) 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 913,840 mi (567,955 km) of survey track for small
cetaceans (dolphins and porpoises) and 1,060,226 mi (658,935 km) 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.
Based on the comprehensiveness and total coverage of the NCCOS
cetacean distribution and abundance study, NMFS calculated the
estimated take number of marine mammals based on
[[Page 21655]]
the most recent NCCOS report published in December, 2006. A summary of
seasonal cetacean distribution and abundance in the project area is
provided previously in this document, in the ``Marine Mammals Affected
by the Activity'' section. For a detailed description and calculation
of the cetacean abundance data and SPUE, refer to the NCCOS study
(NCCOS, 2006). SPUE for the spring, summer, and fall seasons were
analyzed, and the highest value SPUE for the season with the highest
abundance of each species was used to determine relative abundance.
Based on the data, the relative abundance of North Atlantic right, fin,
humpback, minke, and pilot whales and Atlantic white-sided dolphins, 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 later in this document), 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 by Level B
harassment for the 1-year IHA period 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 52
km\2\ (15 nm\2\) maximum ZOI, corrected for 50 percent underwater, are
48, 57, 155, 35, 238, and 770, respectively. This estimate is based on
an estimated 60 days of construction activities remaining for the
period July until September, 2009, that will produce sounds of 120 dB
or greater.
Based on the same calculation method described above for Port
construction, the estimated take numbers by Level B harassment for
North Atlantic right, fin, humpback, minke, and pilot whales and
Atlantic white-sided dolphins for the 1-year IHA period incidental to
Port operations (which is expected to happen no more than twice during
the effectiveness of this proposed IHA), operating the vessel's
thrusters for dynamic positioning before offloading natural gas,
corrected for 50 percent underwater, are 2, 2, 5, 1, 8, and 26,
respectively.
The total estimated take of these species as a result of both
construction and operation of the Neptune Port facility from July 1,
2009, through June 30, 2010, is: 50 North Atlantic right whales, 59 fin
whales, 160 humpback whales, 36 minke whales, 246 pilot whales, and 796
Atlantic white-sided dolphins. These numbers represent a maximum of
15.4, 2.6, 18.9, 1.1, 0.8, and 1.3 percent of the populations for these
species in the western North Atlantic, respectively. Since it is highly
likely that individual animals will be ``taken'' by harassment multiple
times (since certain individuals may occur in the area more than once
while other individuals of the population or stock may not enter the
proposed project area) and the fact that the highest value SPUE for the
season with the highest abundance of each species was used to determine
relative abundance, these percentages are the upper boundary of the
animal population that could be affected. Therefore, the actual number
of individual animals being exposed or taken are expected to be far
less.
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 stocks in the western 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
Massachusetts Bay represents only a small fraction of the western North
Atlantic basin where these animals occur, and these animals do not
regularly 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 Neptune LNG deepwater project. From the
most conservative estimates of both marine mammal densities in the
project area and the size of the 120-dB ZOI, the maximum calculated
number of individual marine mammals for each species that could
potentially be harassed annually is small relative to the overall
population sizes (18.9 percent for humpback whales and 15.4 percent for
North Atlantic right whales and no more than 2.6 percent of any other
species).
Potential Impact of the Activity on Habitat
Potential Impact on Habitat from Construction
Construction of the Neptune Port and pipeline will affect marine
mammal habitat in several ways: seafloor disturbance, increased
turbidity, and generation of additional underwater sound in the area.
Proposed construction activities will temporarily disturb 418 acres
(1.7 km\2\) of seafloor (11 acres (0.04 km\2\) at the Port, 85 acres
(0.3 km\2\) along the pipeline route, and an estimated 322 acres (1.3
km\2\) due to anchoring of construction and installation vessels). Of
the proposed construction activities, pipeline installation, including
trenching, plowing, jetting, and backfill, is expected to generate the
most disturbance of bottom sediments. Sediment transport modeling
conducted by Neptune indicates that initial turbidity from pipeline
installation could reach 100 milligrams per liter (mg/L) but will
subside to 20 mg/L after 4 hours. Turbidity associated with the
flowline and hot-tap will be considerably less and also will settle
within hours of the work being completed. Resettled sediments also will
constitute to seafloor disturbance. When re-suspended sediments
resettle, they reduce growth, reproduction, and survival rates of
benthic organisms, and in extreme cases, smother benthic flora and
fauna. Plankton will not be affected by resettled sediment. The project
area is largely devoid of vegetation and consists of sand, silt, clay,
or mixtures of the three.
Recovery of soft-bottom benthic communities impacted by project
installation is expected to be similar to the recovery of the soft
habitat associated with the construction of the Hubline\SM\ (Algonquin
Gas Transmission L.L.C., 2004). Post-construction monitoring of the
Hubline\SM\ indicates that areas that were bucket-dredged showed the
least disturbance. Displaced organisms will return shortly after
construction ceases, and disrupted communities will easily re-colonize
from surrounding communities of similar organisms. Similarly,
disturbance to hard-bottom pebble/cobble and piled boulder habitat is
not expected to be significant. Some organisms could be temporarily
displaced from existing shelter, thereby exposing them to increased
predation, but the overall structural integrity of these areas will not
be reduced (Auster and Langton, 1998).
Short-term impacts on phytoplankton, zooplankton (holoplankton),
and
[[Page 21656]]
planktonic fish and shellfish eggs and larvae (meroplankton) will occur
as a result of the project. Turbidity associated with Port and pipeline
installation will result in temporary direct impacts on productivity,
growth, and development. Phytoplankton and zooplankton abundance will
be greatest during the summer construction schedule. Fish eggs and
larvae are present in the project area throughout the year. Different
species of fish and invertebrate eggs and larvae will be affected by
the different construction schedules.
The temporary disturbance of benthic habitat from trenching for and
burial of the transmission pipeline will result in direct, minor,
adverse impacts from the dispersion of fish from the area and the
burying or crushing of shellfish. In the short-term, there will be a
temporary, indirect, and beneficial impact from exposing benthic food
sources. Seafloor disturbance could also occur as a result of
resettling of suspended sediments during installation and construction
of the proposed Port and pipeline. Redeposited sediments will
potentially reduce viability of demersal fish eggs and growth,
reproduction, and survival rates of benthic shellfish. In extreme
cases, resettled sediments could smother benthic shellfish, although
many will be able to burrow vertically through resettled sediments.
Based on the foregoing, construction activities will not create
long-term habitat changes, and marine mammals displaced by the
disturbance to the seafloor are expected to return soon after
construction ceases. Marine mammals also could be indirectly affected
if benthic prey species were displaced or destroyed by construction
activities. However, affected species are expected to recover soon
after construction ceases and will represent only a small portion of
food available to marine mammals in the area.
Potential Impact on Habitat from Operation
Operation of the Port will result in long-term, continued
disturbance of the seafloor, regular withdrawal of seawater, and
generation of underwater sound.
Seafloor Disturbance: The structures associated with the Port
(flowline and pipeline, unloading buoys and chains, suction anchors)
will be permanent modifications to the seafloor. Up to 63.7 acres (0.25
km\2\) of additional seafloor will be subject to disturbance due to
chain and flexible riser sweep while the buoys are occupied by SRVs.
Ballast and Cooling Water Withdrawal: Withdrawal of ballast and
cooling water at the Port as the SRV unloads cargo (approximately 2.39
million gallons per day) could potentially entrain zooplankton and
ichthyoplankton that serve as prey for whale species. This estimate
includes the combined seawater intake while two SRVs are moored at the
Port (approximately 9 hr every 6 days). The estimated zooplankton
abundance in the vicinity of the seawater intake ranges from 25.6-105
individuals per gallon (Libby et al., 2004). This means that the daily
intake will remove approximately 61.2-251 million individual
zooplankton per day, the equivalent of approximately 7.65-31.4 lbs
(3.47-14.2 kg). Since zooplankton are short-lived species (e.g., most
copepods live from 1 wk to several months), these amounts will be
indistinguishable from natural variability.
Underwater Sound: During operation of the Port, underwater sound
will principally be generated by use of thrusters when SRVs are mooring
at the unloading buoy and at other times for maintaining position under
certain wind and tidal conditions. Thruster use will be intermittent,
equating to about 20 hr/yr when the Port is fully operational and
should equate to less than 1 hr during the period of effectiveness for
this proposed IHA.
In the long-term, approximately 64.6 acres (0.26 km\2\) of seafloor
will be permanently disturbed to accommodate the Port (including the
associated pipeline). The area disturbed because of long-term chain and
riser sweep includes 63.7 acres (0.25 km\2\) of soft sediment. This
area will be similar in calm seas and in hurricane conditions. The
chain weight will restrict the movement of the buoy or the vessel
moored on the buoy. An additional 0.9 acre (0.004 km\2\) of soft
sediments will be converted to hard substrate. The total affected area
will be small compared to the soft sediments available in the proposed
project area. Long-term disturbance from installation of the Port will
comprise approximately 0.3 percent of the estimated 24,000 acres (97
km\2\) of similar bottom habitat surrounding the project area
(northeast sector of Massachusetts Bay).
It is likely that displaced organisms will not return to the area
of continual chain and riser sweep. A shift in benthic faunal community
is expected in areas where soft sediment is converted to hard substrate
(Algonquin Gas Transmission LLC, 2005). This impact will be beneficial
for species that prefer hard-bottom structure and adverse for species
that prefer soft sediment. Overall, because of the relatively small
areas that will be affected, impacts on soft-bottom communities are
expected to be minimal.
Daily removal of seawater will reduce the food resources available
for planktivorous organisms. The marine mammal species in the area have
fairly broad diets and are not dependent on any single species for
survival. Because of the relatively low biomass that will be entrained
by the Port, the broad diet, and broad availability of organisms in the
proposed project area, indirect impacts on the food web that result
from entrainment of planktonic fish and shellfish eggs and larvae are
expected to be minor and therefore should have minimal impact on
affected marine mammal species or stocks.
Proposed Mitigation and Monitoring Measures
For the proposed Neptune LNG Port construction and operation
activities, NMFS proposes the following monitoring and mitigation
measures.
Port Construction Minimization Measures
(1) General
Construction activities will be limited to a May through November
time frame so that acoustic disturbance to the endangered North
Atlantic right whale can largely be avoided.
(2) Proposed Visual Monitoring Program
The Neptune Project will employ two marine mammal observers (MMOs)
on each lay barge, bury barge, and diving support vessel for visual
shipboard surveys during construction activities. Qualifications for
these individuals will include direct field experience on a marine
mammal/sea turtle observation vessel and/or aerial surveys in the
Atlantic Ocean and/or Gulf of Mexico. The observers (one primary, one
secondary) are responsible for visually locating marine mammals at the
ocean's surface, and, to the extent possible, identifying the species.
Both observers will have responsibility for monitoring for the presence
of marine mammals. The primary observer will act as the identification
specialist, and the secondary observer will serve as data recorder and
also assist with identification. All observers must receive NMFS-
approved MMO training and be approved in advance by NMFS after review
of their qualifications.
The MMOs will be on duty at all times when each vessel is moving
and at selected periods when construction vessels are idle, including
when other vessels move around the construction lay barge. The MMOs
will monitor the construction area beginning at daybreak
[[Page 21657]]
using 25x power binoculars and/or hand-held binoculars, resulting in a
conservative effective search range of 0.5 mi (0.8 km) during clear
weather conditions for the shipboard observers. The MMO will scan the
ocean surface by eye for a minimum of 40 min/hr. All sightings will be
recorded in marine mammal field sighting logs. Observations of marine
mammals will be identified to species or the lowest taxonomic level and
their relative position will be recorded. Night vision devices will be
standard equipment for monitoring during low-light hours and at night.
During all phases of construction, MMOs will be required to scan
for and report all marine mammal sightings to the vessel captain. The
captain will then alert the environmental coordinator that a marine
mammal is near the construction area. The MMO will have the authority
to bring the vessel to idle or to temporarily suspend operations if a
baleen whale is seen within 0.6 mi (1 km) of the moving pipelay vessel
or construction area. The MMO or environmental coordinator will
determine whether there is a potential for harm to an individual animal
and will be charged with responsibility for determining when it is safe
to resume activity. A vessel will not increase power again until the
marine mammal(s) leave(s) the area or has/have not been sighted for 30
min. The vessel will then power up slowly.
Construction and support vessels will be required to display lights
when operating at night, and deck lights will be required to illuminate
work areas. However, use of lights will be limited to areas where work
is actually occurring, and all other lights will be extinguished.
Lights will be downshielded to illuminate the deck and will not
intentionally illuminate surrounding waters, so as not to attract
whales or their prey to the area.
(3) Distance and Noise Level for Cut-Off
(1) During construction, if a marine mammal is detected within 0.5
mi (0.8 km) of a construction vessel, the vessel superintendent or on-
deck supervisor will be notified immediately. The vessel's crew will be
put on a heightened state of alert. The marine mammal will be monitored
constantly to determine if it is moving toward the construction area.
The observer is required to report all North Atlantic right whale
sightings to NMFS, as soon as possible.
(2) Construction vessels will cease any movement in the
construction area if a marine mammal other than a right whale is
sighted within or approaching to a distance of 100 yd (91 m) from the
operating construction vessel. Construction vessels will cease any
movement in the construction area if a right whale is sighted within or
approaching to a distance of 500 yd (457 m) from the operating
construction vessel. Vessels transiting the construction area such as
pipe haul barge tugs will also be required to maintain these separation
distances.
(3) Construction vessels will cease all activities that emit sounds
reaching a received level of 120 dB re 1 microPa or higher at 100 yd
(91 m) if a marine mammal other than a right whale is sighted within or
approaching to this distance, or if a right whale is sighted within or
approaching to a distance of 500 yd (457 m), from the operating
construction vessel. The back-calculated source level, based on the
most conservative cylindrical model of acoustic energy spreading, is
estimated to be 139 dB re 1 microPa.
(4) Construction may resume after the marine mammal is positively
reconfirmed outside the established zones (either 500 yd (457 m) or 100
yd (91 m), depending upon species).
(4) Vessel Strike Avoidance
(1) While under way, all construction vessels will remain 0.6 mi (1
km) away from right whales and all other whales to the extent possible
and 100 yd (91 m) away from all other marine mammals to the extent
physically feasible given navigational constraints as required by NMFS.
(2) MMOs will direct a moving vessel to slow to idle if a baleen
whale is seen less than 0.6 mi (1 km) from the vessel.
(3) All construction vessels 300 gross tons or greater will
maintain a speed of 10 knots (18.5 km/hr) or less. Vessels less than
300 gross tons carrying supplies or crew between the shore and the
construction site must contact the appropriate authority or the
construction site before leaving shore for reports of recent right
whale sighting and, consistent with navigation safety, restrict speeds
to 10 knots (18.5 km/hr) or less within 5 mi (8 km) of any recent
sighting location.
(4) Vessels transiting through the Cape Cod Canal and CCB between
January 1 and May 15 will reduce speeds to 10 knots (18.5 km/hr) or
less, follow the recommended routes charted by NOAA to reduce
interactions between right whales and shipping traffic, and avoid
aggregations of right whales in the eastern portion of CCB. To the
extent practicable, pipe deliveries will be avoided during the January
to May time frame. In the unlikely event the Canal is closed during
construction, the pipe haul barges will transit around Cape Cod
following the Boston TSS and all measures for the SRVs when transiting
to the Port.
(5) Construction and support vessels will transit at 10 knots or
less in the following seasons and areas, which either correspond to or
are more restrictive than the times and areas in NMFS' final rule (73
FR 60173, October 10, 2008) to implement speed restrictions to reduce
the likelihood and severity of ship strikes of right whales:
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'
N. 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.
[[Page 21658]]
(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
[[Page 21659]]
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