National Oceanic and Atmospheric Administration Mail - Noti?cation of minor changes to Atlantic lHAs
001953

 

Eric Patterson - NOAA Federal <eric.patterson@noaa.gov>

Notification of minor changes to Atlantic IHAs
3 messages

Benjamin Laws - NOAA Federal <benjamin.laws@noaa.gova Fri, Oct 12, 2018 at 11 :19 AM
To: Eric Patterson - NOAA Federal 

Hi Eric,

The purpose ofthis email is to notify PR5 of two minor changes to PR1's proposed action that have resulted from NOAA's
review of PR1's draft ?nal IHAs, detailed below:

North Atlantic right whales

As PR5 is aware and has analyzed, PR1's action includes a 90 km coastal restriction between November and April. As a
potential alternative to that seasonal closure designed to protect right whales on the migratory corridor and calving
grounds, PR1 will include the following language:

requires that source vessels maintain a minimum coastal standoff distance of 90 km (80 km closure area plus 10-
km buffer distance) from November through April. However, in lieu ofthis requirement, applicants may develop and
submit a monitoring and mitigation plan for NMFS approval that would be suf?cient to achieve comparable protection for
North Atlantic right whales. If approved, applicants would be required to maintain a minimum coastal standoff distance of
47 km from November through April while operating in adherence with the approved plan from 47 through 80 km offshore
(1 D-km buffer would be protected by the plan)."

In the event that any applicant submitted such a plan for review and potential approval, PR1 would engage with PR5 for
evaluation ofthe plan under MMPA and ESA.

Extended distance shutdowns

As PR5 is aware and has analyzed, PR1's draft ?nal action includes an extended shutdown distance of 2 km for
con?rmed visual or acoustic detection ofthe following ESA-listed or potentially EBA-listed species: North Atlantic right
whales, large whales accompanied by calf, or aggregations of 6 or more large whales. Large whales is de?ned as any
mysticete whale or a sperm whale.

During review, NOAA suggested a reduction ofthis distance to 1 km. Instead, a compromise distance of 1 .5 km was
agreed to. The rationale is as follows:

De?nition of an appropriate distance limit (absent consideration of practicability for the applicant} should be based on an
evaluation of the distance within which observer effort is effectively rewarded in terms of detections. As described in detail
in the draft ?nal notice of issuance, PR1 determined an appropriate distance on the basis of available information
regarding detection functions for relevant species. These data suggest a more than 20 percent probability of
detecting baleen whales at 2 km, which we judged to accommodate the objective of the measure.

PR1 determined that the available data do not support the suggested reduction to 1 km. However, review of the same
data previously considered shows that the effective strip width (a measure of how far animals are seen from the vessel) is
1,309 for North Atlantic right whales and 1,587 for beaked whales (non-listed species for which the measure also
applies). Therefore, we determined a distance of 1.5 km was appropriate.

Please let me know ifthere are any questions or if additional information is needed.

Thanks,
Ben

Ben Laws
Of?ce of Protected Resources
NCAA Fisheries

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3iE3i2019 National Oceanic and Atmospheric Administration Mail - Noti?cation of minor changes to Atlantic lHAs

U.S. Wacmnem of Commerce
(301} 427-8425
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National Marine Fisheries Service
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3 NOAA FISHERIES

Eric Patterson - NOAA Federal <eric.patterson@noaa.gove Fri, Oct 12, 2018 at 11 :56 AM
To: Cathy Tortorici - NOAA Federal Kris Petersen <kristine.petersen@noaa.gove, Scott Farley -
NOAA Federal <scott.farley@noaa.gov>

Hi Cathy, Kris, and Scott,

Please see below for an email from PR1 requesting minor changes to their proposed action for the Atlantic lHAs. have
discussed how to incorporate these changes with Scott and Kris recently, and will ?nish this ASAP so the biop is ready for
signature.

Cheers,

Eric M. Patterson, 

Bioiogist (Endangered Species)

Endangered Species Act interagency Cooperation Division
of Protected Resources

NOAA Fisheries

US. Department of Commerce

Of?ce: 301-42??8415

eric.patterson@noaa.goyr

w?pr

3 NOAAFISHEFIIES

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Eric Patterson - NOAA Federal <eric.patterson@noaa.gov> Fri, Oct 12, 2018 at 3:27 PM
To: Benjamin Laws - NOAA Federal <benjamin.laws@noaa.gov>
Hi Ben,
Thank you for this information. This should suf?ce and I will adjust the biop as needed. I will let you know when it is in ?nal
clearance.
Cheers,

Eric M. Patterson, 

Bioiogist (Endangered Species)

Endangered Species Act interagency Cooperation Division
of Protected Resources

NOAA Fisheries

US. Department of Commerce

Of?ce: 301-42??8415

eric.patterson@noaa.goyr

w?pr

3 NOAAFISHEFIIES

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