Overview
Title
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off Rhode Island and Massachusetts
Agencies
ELI5 AI
Imagine someone wants to look around in the ocean near Rhode Island and Massachusetts, and while doing that, they accidentally see a lot more dolphins than they thought they would. So, they asked for permission to see even more dolphins without bothering them too much, and people can say what they think about this idea until December 26, 2024.
Summary AI
The National Marine Fisheries Service (NMFS) proposes a change to an existing Incidental Harassment Authorization (IHA) issued to Bay State Wind, LLC for marine surveys off Rhode Island and Massachusetts. This modification is necessary because Bay State Wind has encountered more common dolphins than expected and requests an increase in the number they can disturb without harm (Level B harassment). The proposed modification would raise the authorized take of common dolphins from 1,485 to 2,970, with no other changes to the authorization. The public can comment on this proposed modification until December 26, 2024.
Abstract
NMFS is proposing to modify an existing incidental harassment authorization (IHA) issued to Bay State Wind, LLC (Bay State Wind) on October 3, 2024, authorizing take of marine mammals incidental to marine site characterization surveys conducted off the coasts of Rhode Island and Massachusetts in the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-A 0500 and the associated export cable route (ECR) area. While conducting said marine site characterization surveys, Bay State Wind has encountered common dolphins (Delphinus delphis) at a rate greater than anticipated under the analysis for that IHA and, therefore, requests that NMFS modify the IHA to increase the number of authorized take by Level B harassment for that species only. No other changes to the IHA were requested or are proposed herein, and the expiration date remains unchanged. NMFS will consider public comments on the requested modification prior to making any final decision and agency responses will be summarized in the final notice of our decision.
Keywords AI
Sources
AnalysisAI
The document from the Federal Register outlines a proposal from the National Marine Fisheries Service (NMFS) to modify an existing Incidental Harassment Authorization (IHA) previously granted to Bay State Wind, LLC. This modification pertains specifically to the number of common dolphins that may be incidentally disturbed during marine site characterization surveys off the coasts of Rhode Island and Massachusetts. Originally, the authorization permitted the disturbance, or "take," of 1,485 common dolphins. The proposed change seeks to increase this number to 2,970, citing a higher-than-expected encounter rate with the dolphins. The public is invited to comment on this proposal until December 26, 2024.
General Summary
The essence of the document is straightforward: Bay State Wind is conducting marine surveys as part of energy development projects, and during these surveys, they have encountered common dolphins more frequently than predicted. As a consequence, they have requested the NMFS to modify their existing authorization to legally account for more incidental disturbances to this species. The document indicates that if approved, this modification allows for a significant increase in the number of dolphins that may be affected by the survey activities.
Significant Issues and Concerns
One of the primary concerns with this document is clarity. It employs technical legal and scientific terminology such as "Level B harassment," "MMPA" (Marine Mammal Protection Act), and "IHA" without extensive explanations. This might create comprehension barriers for readers who are not well-versed in environmental regulatory affairs. Additionally, the document proposes an exact doubling of permitted dolphin takes—from 1,485 to 2,970—without providing a detailed explanation or rationale for this specific number, which might raise questions about the decision-making process.
Another issue is the document's reliance on previous Federal Register notices for comprehensive details. While this is a common practice in maintaining brevity, it can complicate access to pertinent information, especially for those new to the topic. Moreover, the potential environmental impacts beyond this quantifiable increase in dolphin disturbance are not thoroughly discussed, possibly undermining public understanding of the broader ecological consequences.
Broad Public Impact
This proposed change underscores broader themes in resource management and environmental protection. For the public, especially those living near Rhode Island and Massachusetts or interested in marine life conservation, this document highlights the balancing act between advancing renewable energy projects and protecting marine ecosystems. The increase in authorized dolphin disturbances may concern conservationists and local communities invested in marine health and biodiversity.
Impact on Specific Stakeholders
For Bay State Wind, and perhaps the renewable energy sector more broadly, this modification could be seen as a necessary adaptation to unforeseen operational challenges, helping to ensure compliance with environmental regulations while continuing their activities. Conversely, environmental advocates might view the proposal as indicative of insufficient anticipation of marine wildlife interactions, emphasizing the need for better baseline research and monitoring.
Moreover, the effectiveness and enforcement of mitigation strategies remain a vital discussion point. While they are mentioned in the document, more in-depth information about their success and oversight could provide stronger assurance to concerned stakeholders about ongoing marine protections.
In conclusion, the proposed modification of the IHA to Bay State Wind is a document grounded in regulatory precision yet requiring greater transparency and detail. It challenges readers to consider the complexities of legal environmental protection and the on-the-ground realities of ecological stewardship and industrial development.
Issues
• The document does not provide a specific rationale for why the number of authorized takes for common dolphins is proposed to be increased to exactly 2,970, despite initially authorizing 1,485. The basis for this doubling in number is not explicitly detailed.
• The document uses specialized terminology such as 'Level B harassment,' 'MMPA,' and 'IHA' without fully explaining them for readers who may not be familiar with these terms.
• The document briefly mentions the 'effects analysis or negligible impact finding' without providing detailed elaboration in this particular notice, which may assume prior knowledge from the reader.
• The document is dense with detailed procedural information, potentially making it difficult for the general public or laypersons to fully comprehend without significant effort.
• There may be an implicit favoring of Bay State Wind in granting an increase in authorized take numbers based on company request, but the document lacks a robust discussion on potential environmental impacts beyond the baseline established previously.
• The document relies on references to previous Federal Register notices for detailed descriptions, which could make it harder for readers to access comprehensive information in a single document.
• While potential impacts on marine mammals are discussed, further discussion on the effectiveness and enforcement of proposed mitigation strategies could strengthen public assurance.