Small Takes of Marine Mammals Incidental to Specified Activities; Low-Energy Marine Seismic Survey in the Northeastern Pacific Ocean, September 2007, 51622-51627 [E7-17775]
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Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
Kate
Swails or Tammy Adams, (301)713–
2289.
FOR FURTHER INFORMATION CONTACT:
On May
15, 2007, notice was published in the
Federal Register (72 FR 27292) that a
request for a scientific research permit
to take the species listed above had been
submitted by the above-named
individual. The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216),
The purpose of the research is to
evaluate how temporal variation in the
marine environment affects a long-lived
mammal’s population dynamics. The
applicant proposes to continue longterm studies of the Weddell seal
population in the Erebus Bay, McMurdo
Sound, Ross Sea, and White Island areas
of Antarctica. Up to 325 adults and 800
pups will be captured annually.
Animals will be weighed, tissued
sampled, flipper tagged, and released.
Annually up to 2000 Weddell, 50
crabeater (Lobodon carcinophagus), and
50 leopard (Hydrurga leptonyx) seals
may be incidentally disturbed as a result
of the research activities. The permit
authorizes up to 4 (2 adults and 2 pups)
Weddell seal research-related
mortalities annually. The permit is valid
for five years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
SUPPLEMENTARY INFORMATION:
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Dated: September 5, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–17777 Filed 9–7–07; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC27
Small Takes of Marine Mammals
Incidental to Specified Activities; LowEnergy Marine Seismic Survey in the
Northeastern Pacific Ocean,
September 2007
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Scripps Institution of
Oceanography (SIO) for the take of
marine mammals, by Level B
harassment only, incidental to
conducting a low-energy marine seismic
survey in the northeastern Pacific Ocean
during September, 2007.
DATES: Effective September 5, 2007,
through September 30, 2007.
ADDRESSES: A copy of the IHA and
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. A copy of the
application containing a list of the
references used in this document may
be obtained by writing to the address
specified above, telephoning the contact
listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the
Internet at: https://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.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman or Jolie Harrison,
Office of Protected Resources, NMFS,
(301) 713–2289.
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 marine mammals
by U.S. citizens who engage in a
specified activity (other than
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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, a notice of a proposed
authorization is provided to the public
for review.
Authorization shall 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
(where relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring,
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ’’...an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established 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 with respect to
certain 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,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45–
day time limit for NMFS review of an
application followed by a 30–day public
notice and comment period on any
proposed authorizations for the
incidental harassment of marine
mammals. Within 45 days of the close
of the comment period, NMFS must
either approve or deny the
authorization.
Summary of Request
On May 4, 2007, NMFS received an
application from SIO for the taking, by
Level B harassment only, of eight
species of marine mammals incidental
to conducting, with research funding
from the National Science Foundation
(NSF), an ocean-bottom seismograph
(OBS) deployment and a magnetic,
bathymetric, and seismic survey
program off the Oregon coast in the
northeastern Pacific Ocean during
September, 2007. The purpose of the
research program was outlined in
NMFS’ notice of the proposed IHA (72
FR 42045, August 1, 2007).
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Description of the Activity
Safety Radii
The seismic surveys will involve one
vessel, the R/V Wecoma (Wecoma),
which is scheduled to depart from
Newport, OR on September 5, 2007 and
return on September 11, 2007. The exact
dates of the activities may vary by a few
days because of weather conditions,
repositioning, OBS and streamer
operations and adjustments, GI-gun
deployment, or the need to repeat some
lines if data quality is substandard. The
seismic surveys will take place off the
Oregon coast in the northeastern Pacific
Ocean. The overall area within which
the seismic surveys will occur is located
between approximately 44° and 45° N.
and 124.5° and 126o W. (Figure 1 in the
application). The surveys will occur
approximately 25–110 km (15.5–68.4
mi) offshore from Oregon in water
depths between approximately 110 and
3,050 m (361 and 10,007 ft), entirely
within the Exclusive Economic Zone of
the U.S.
The Wecoma will deploy a single lowenergy Generator-Injector (GI) airgun as
an energy source (with a discharge
volume of 45 in3), 16 OBSs that will
remain in place for a year, and a 300 mlong (984 ft-long), 16–channel, towed
hydrophone streamer. The program will
consist of approximately 21 km (13 mi)
of surveys over each of the 16 OBSs.
The GI gun will be operated on a small
grid for approximately 2 hours at each
of 16 OBS sites over an approximately
7–day period during September, 2007.
In addition to the operations of the GI
gun, a 3.5–kHz sub-bottom profiler, a
Knudsen 320BR sub-bottom profiler,
and a magnetometer may be run on the
transit between OBS locations.
A more detailed description of the
authorized action, including vessel and
acoustic source specifications, was
included in the notice of the proposed
IHA (72 FR 42045, August 1, 2007).
Received sound levels have been
modeled by Lamont-Doherty Earth
Observatory (L-DEO) for a number of
airgun configurations, including one
45–in3 GI gun, in relation to distance
and direction from the airgun(s). The
model does not allow for bottom
interactions and is most directly
applicable to deep water. Based on the
modeling, estimates of the maximum
distances from the GI gun where sound
levels of 190, 180, and 160 dB re 1 µPa
(rms) are predicted to be received in
deep (>1000–m, 3280–ft) water are 8,
23, and 220 m (26.2, 75.5, and 721.8 ft),
respectively and 12, 35, and 330 m
(39.4, 115, and 1,082.7 ft), respectively
for intermediate water depths (100–
1000m, 328–3,280 ft). Because the
model results are for a 2.5–m (8.2–ft)
tow depth, the above distances slightly
underestimate the distances for the 45–
in3 GI gun towed at 4–m (13–ft) depth.
A general discussion of acoustic
thresholds and safety radii, as well as
further discussion of the modeling
conducted by L-DEO, was included in
the notice of the proposed IHA (72 FR
42045, August 1, 2007).
Comments and Responses
A notice of receipt of the SIO
application and proposed IHA was
published in the Federal Register on
August 1, 2007 (72 FR 42045). During
the comment period, NMFS received
comments from the Marine Mammal
Commission (MMC) and one individual.
One individual expressed the opinion
that this authorization should be denied
because this type of activity is much
more harmful than the ‘‘profiteers’’
admit, causing extreme harm to the
animals, such as brain hemorrhages
which cause the death of the animals.
No supporting information was
provided for these assertions, and
NMFS believes that the contrary
analyses presented in the EA and
Federal Register Notice remain correct.
MMC Comment: The MMC states that
because the applicant is requesting
authority to take marine mammals by
harassment only, NMFS should require
that operations be suspended
immediately if a dead or seriously
injured marine mammal is found in the
vicinity of the operations and the death
or injury could have occurred incidental
to the seismic survey. The MMC further
recommends that any such suspension
should remain in place until NMFS has:
(1) reviewed the situation and
determined that further mortalities or
serious injuries are unlikely to occur; or
(2) issued regulations authorizing such
takes under section 101(a)(5)(A) of the
MMPA.
Response: NMFS concurs with MMC’s
recommendations and has included a
requirement to this effect in the IHA.
Description of Marine Mammals in the
Activity Area
Thirty-two marine mammal species,
including 19 odontocete (dolphins and
small and large toothed whales) species,
seven mysticete (baleen whales) species,
five pinniped species, and the sea otter,
may occur or have been documented to
occur in the marine waters off Oregon
and Washington, excluding extralimital
sightings or strandings (Table 1 here).
Six of the species that may occur in the
project area are listed under the U.S.
Endangered Species Act (ESA) as
Endangered, including sperm,
humpback, blue, fin, sei, and North
Pacific right whales. One other species
listed as Threatened may occur in the
project area: the Steller sea lion.
Additional information regarding the
status and distribution of the marine
mammals in the area and how the
densities were calculated was included
in the notice of the proposed IHA (72 FR
42045, August 1, 2007) and may be
found in SIO’s application.
Habitat
Abundance1
Auth Take
Inshore, occasionally offshore
N.A.2
0
Mainly nearshore waters and banks
1391
0
Pelagic and coastal
1015
0
Primarily offshore, pelagic
56
0
Continental slope, mostly pelagic
3279
0
Pelagic and coastal
1744
0
Usually pelagic and deep seas
1233
0
Species
Mysticetes
North Pacific right whale (Eubalaena japonica)
Humpback whale (Megaptera novaeangliae)
*
*
Minke whale (Balaenoptera acutorostrata)
Sei whale (Balaenoptera borealis)
*
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Fin whale (Balaenoptera physalus)
*
Blue whale (Balaenoptera musculus)
*
Odontocetes
Sperm whale (Physeter macrocephalus)
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*
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Habitat
Abundance1
Auth Take
Pygmy sperm whale (Kogia breviceps)
Deep waters off the shelf
247
1
Dwarf sperm whale (Kogia sima)
Deep waters off the shelf
N.A.
0
Cuvier’s beaked whale (Ziphius cavirostris)
Pelagic
1884
0
Baird’s beaked whale (Berardius bairdii)
Pelagic
228
0
Blainville’s beaked whale (Mesoplodon
densirostris)
Slope, offshore
1247
3
0
Hubb’s beaked whale (Mesoplodon carlhubbsi)
Slope, offshore
1247
3
0
Stejneger’s beaked whale (Mesoplodon
stejnegeri)
Slope, offshore
1247 3
0
Offshore bottlenose dolphin (Tursiops truncatus)
Offshore, slope
5,065
0
Off continental shelf
13,934
0
Shelf and pelagic, seamounts
449,846
4
Offshore, slope
59,274
6
Northern right whale dolphin (Lissodelphis borealis)
Slope, offshore waters
20,362
5
Risso’s dolphin (Grampus griseus)
Shelf, slope, seamounts
16,066
3
Pelagic, occasionally inshore
N.A.
0
Widely distributed
466 (Offshore)
0
Short-finned pilot whale (Globicephala
macrorhynchus)
Mostly pelagic, high-relief topography
304
0
Harbor porpoise (Phocoena phocoena)
Coastal and inland waters
39,586 (OR/WA)
0
Shelf, slope, offshore
99,517
39
Species
Striped dolphin (Stenella coeruleoalba)
Short-beaked common dolphin (Delphinus delphis)
Pacific white-sided dolphin (Lagenorhynchus
obliquidens)
False killer whale (Pseudorca crassidens)
Killer whale (Orcinus orca)
Dall’s porpoise (Phocoenoides dalli)
Pinnipeds
Northern fur seal (Callorhinus ursinus)
Pelagic, offshore
California sea lion (Zalophus californianus
californianus)
Steller sea lion (Eumetopias jubatus)
688,028
Coastal, shelf
*
237,000-244,000
Coastal, shelf
Harbor seal (Phoca vitulina richardsi)
2
44,996
2
Eastern US
3
0
0
Coastal
Northern elephant seal (Mirounga angustirostris)
24,732 (OR/WA)
1
Coastal, pelagic when migrating
101,000 (CA)
0
Table 1. Species expected to be encountered (and potentially harassed) during SIO’s Pacific Ocean cruise. The far right column indicates the
number of takes authorized by the IHA.
N.A. - Data not available or species status was not assessed.
* Species are listed as threatened or endangered under the Endangered Species Act.
1 Abundance given for U.S., Eastern North Pacific, or California/Oregon/Washington Stock, whichever is included in the 2005 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al. 2006), unless otherwise stated.
2 Angliss and Outlaw (2005).
3 All mesoplodont whales
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Potential Effects on Marine Mammals
The effects of sounds from airguns
might include one or more of the
following: tolerance, masking of natural
sounds, behavioral disturbance, and
temporary or permanent hearing
impairment or non-auditory physical or
physiological effects (Richardson et al.,
1995; Gordon et al., 2004). To avoid
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injury, NMFS has determined that
cetaceans and pinnipeds should not be
exposed to pulsed underwater noise at
received levels exceeding, respectively,
180 and 190 dB re 1 µPa (rms). The
predicted 180- and 190–dB distances for
the GI gun operated by SIO are 35 m
(115 ft) and 12 m (39.4 ft), respectively,
for intermediate water depths and 23 m
(75.5 ft) and 8 m (26.2 ft), respectively,
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for deep water. Given the small size of
the gun (one 45–in3 GI gun) planned for
the present project and the required
mitigation and monitoring measures,
effects are anticipated to be
considerably less than would be the
case with a large array of airguns. It is
very unlikely that there would be any
cases of temporary or, especially,
permanent hearing impairment or any
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significant non-auditory physical or
physiological effects. Also, behavioral
disturbance is expected to be limited to
relatively short distances.
The notice of the proposed IHA (72
FR 42045, August 1, 2007) included a
discussion of the effects of sounds from
airguns on mysticetes, odontocetes, and
pinnipeds, including tolerance,
masking, behavioral disturbance,
hearing impairment, and other nonauditory physical effects. Additional
information on the behavioral reactions
(or lack thereof) by all types of marine
mammals to seismic vessels can be
found in Appendix A (e) of SIO’s
applicaiton.
The notice of the proposed IHA also
included a discussion of the potential
effects of the sub-bottom profiler.
Because of the shape of the beams and
the power of the bottom profiler, NMFS
believes it unlikely that marine
mammals will be exposed to the subbottom profiler at levels at or above
those likely to cause harassment.
Estimated Take by Incidental
Harassment
The notice of the proposed IHA (72
FR 42045, August 1, 2007) included an
in-depth discussion of the methods used
to calculate the densities of the marine
mammals in the area of the seismic
survey and the take estimates.
Additional information was included in
SIO’s application. A summary of the
total take authorized is included here.
All anticipated takes authorized by
this IHA are Level B harassment only,
involving temporary changes in
behavior. The far right column in Table
1, ‘‘Auth Take’’, displays the numbers
for which take is authorized. Take
calculations were based on maximum
exposure estimates (based on maximum
density estimates) vs. best estimates and
are based on the 160–dB isopleth of a
larger array of airguns. Given these
considerations, the predicted number of
marine mammals that might be exposed
to sounds 160 dB may be somewhat
overestimated.
Extensive systematic aircraft- and
ship-based surveys have been
conducted for marine mammals offshore
of Oregon and Washington (Bonnell et
al., 1992; Green et al., 1992, 1993;
Barlow, 1997, 2003; Barlow and Taylor,
2001; Calambokidis and Barlow, 2004).
The most comprehensive and recent
density data available for cetacean
species off slope and offshore waters of
Oregon are from the 1996 and 2001
NMFS SWFSC ‘‘ORCAWALE’’ ship
surveys as synthesized by Barlow
(2003). The surveys were conducted
from late July to early November (1996)
or early December (2001). They were
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conducted up to approximately 556 km
(1,824 ft) offshore from Oregon and
Washington. Systematic, offshore, at-sea
survey data for pinnipeds are more
limited. The most comprehensive such
studies are reported by Bonnell et al.
(1992) and Green et al. (1993) based on
systematic aerial surveys conducted in
1989 1990 and 1992, primarily from
coastal to slope waters with some
offshore effort as well.
Since the take estimates authorized in
this IHA are no more than 0.4 percent
of any cetacean species and no more
than 0.01 percent of any pinniped
species found along the Oregon coast,
NMFS believes that the estimated take
numbers for these species and stocks are
small relative to both the worldwide
abundance of these species and to
numbers taken in other activities that
have been authorized for incidental take
of these species.
Potential Effects on Habitat
A detailed discussion of the potential
effects of this action on marine mammal
habitat, including physiological and
behavioral effects on marine fish and
invertebrates, was included in the
notice of the proposed IHA (72 FR
42045, August 1, 2007). Based on the
discussion in the proposed IHA and the
nature of the activities (small airgun and
limited duration), the authorized
operations are not expected to have any
habitat-related effects that could cause
significant or long-term consequences
for individual marine mammals or their
populations or stocks.
Monitoring
Vessel-based marine mammal visual
observers (MMVOs) will be based
aboard the seismic source vessel and
will watch for marine mammals near the
vessel during all daytime GI gun
operations and during start-ups of the
gun at night. MMVOs will also watch
for marine mammals near the seismic
vessel for at least 30 minutes prior to the
start of GI gun operations. When
feasible, MMVOs will also make
observations during daytime periods
when the seismic system is not
operating for comparison of animal
abundance and behavior. Based on
MMVO observations, the airgun will be
shut down when marine mammals are
observed within or about to enter a
designated exclusion zone (EZ; safety
radius). The EZ is a region in which a
possibility exists of adverse effects on
animal hearing or other physical effects.
MMVOs will be appointed by the
academic institution conducting the
research cruise, with NMFS Office of
Protected Resources concurrence. At
least one MMVO will monitor the EZ
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during daytime GI gun operations and
any nighttime startups. MMVOs will
normally work in shifts of 4 hours
duration or less. The vessel crew will
also be instructed to assist in detecting
marine mammals.
The Wecoma is a suitable platform for
marine mammal observations.
Observing stations will be on the bridge
wings, with observers’ eyes
approximately 6.5 m (21.3 ft) above the
water line and a 180° view outboard
from either side, on the whaleback deck
in front of the bridge, with observers’
eyes approximately 7.5 m (24.6 ft) above
the waterline and an approximate 200°
view forward, and on the aft control
station, with observers’ eyes
approximately 5.5 m (18 ft) above the
waterline and an approximate 180° view
aft that includes the 40–m (131–ft; 180–
dB) radius area around the GI gun. The
eyes of the bridge watch will be at a
height of approximately 6.5 m (21.3 ft).
MMVOs will repair to the enclosed
bridge during any inclement weather.
Standard equipment for MMVOs will
be 7 x 50 reticule binoculars and optical
range finders. At night, night-vision
equipment will be available. Observers
will be in wireless communication with
ship officers on the bridge and scientists
in the ship’s operations laboratory, so
they can advise promptly of the need for
avoidance maneuvers or GI gun shut
down.
MMVOs will record data to estimate
the numbers of marine mammals
exposed to various received sound
levels and to document any apparent
disturbance reactions. Data will be used
to estimate the numbers of mammals
potentially ‘‘taken’’ by harassment. It
will also provide the information
needed to order a shutdown of the GI
gun when a marine mammal is within
or near the EZ. When a mammal
sighting is made, the following
information about the sighting will be
recorded:
(1) Species, group size, age/size/sex
categories (if determinable), behavior
when first sighted and after initial
sighting, heading (if consistent), bearing
and distance from seismic vessel,
sighting cue, apparent reaction to the GI
gun or seismic vessel (e.g., none,
avoidance, approach, paralleling, etc.),
and behavioral pace.
(2) Time, location, heading, speed,
activity of the vessel (shooting or not),
sea state, visibility, cloud cover, and sun
glare.
The data listed under (2) will also be
recorded at the start and end of each
observation watch and during a watch,
whenever there is a change in one or
more of the variables.
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All mammal observations and airgun
shutdowns will be recorded in a
standardized format. Data accuracy will
be verified by the MMVOs at sea, and
preliminary reports will be prepared
during the field program and summaries
forwarded to the operating institution’s
shore facility and to NSF weekly or
more frequently. MMVO observations
will provide the following information:
(1) The basis for decisions about
shutting down the GI gun.
(2) Information needed to estimate the
number of marine mammals potentially
‘‘taken by harassment, which must be
reported to NMFS.
(3) Data on the occurrence,
distribution, and activities of marine
mammals in the area where the seismic
study is conducted.
(4) Data on the behavior and
movement patterns of marine mammals
seen at times with and without seismic
activity.
Mitigation
Mitigation and monitoring measures
proposed to be implemented for the
proposed seismic survey have been
developed and refined during previous
SIO and L-DEO seismic studies and
associated EAs, IHA applications, and
IHAs. The mitigation and monitoring
measures described herein represent a
combination of the procedures required
by past IHAs for other SIO and L-DEO
projects. The measures are described in
detail below.
The number of individual animals
expected to be approached closely
during the proposed activity will be
small in relation to regional population
sizes. With the proposed monitoring
and shut-down provisions (see below),
any effects on individuals are expected
to be limited to behavioral disturbance
and will have only negligible impacts
on the species and stocks.
Mitigation measures that will be
adopted will include: (1) vessel speed or
course alteration, provided that doing so
will not compromise operational safety
requirements, (2) GI gun shut down, and
(3) minimizing approach to slopes and
submarine canyons, if possible, because
of sensitivity of beaked whales. Two
other standard mitigation measures
airgun array power down and airgun
array ramp up are not possible because
only one, low-volume GI gun will be
used for the surveys.
Speed or Course Alteration - If a
marine mammal is detected outside the
EZ but is likely to enter it based on
relative movement of the vessel and the
animal, then if safety and scientific
objectives allow, the vessel speed and/
or direct course will be adjusted to
minimize the likelihood of the animal
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entering the EZ. Major course and speed
adjustments are often impractical when
towing long seismic streamers and large
source arrays but are possible in this
case because only one GI gun and a
short (300–m, 984–ft) streamer will be
used. If the animal appears likely to
enter the EZ, further mitigative actions
will be taken, i.e., either further course
alterations or shut down of the airgun.
Shut-down Procedures - If a marine
mammal is within or about to enter the
EZ for the single GI gun, it will be shut
down immediately. Following a shut
down, GI gun activity will not resume
until the marine mammal is outside the
EZ for the full array. The animal will be
considered to have cleared the EZ if it:
(1) is visually observed to have left the
EZ; (2) has not been seen within the EZ
for 15 minutes in the case of small
odontocetes and pinnipeds; or (3) has
not been seen within the EZ for 30
minutes in the case of mysticetes and
large odontocetes, including sperm,
pygmy sperm, dwarf sperm, and beaked
whales.
Minimize Approach to Slopes and
Submarine Canyons - Although
sensitivity of beaked whales to airguns
is not known, they appear to be
sensitive to other sound sources (midfrequency sonar; see section IV of SIO’s
application). Beaked whales tend to
concentrate in continental slope areas
and in areas where there are submarine
canyons. Avoidance of airgun
operations over or near submarine
canyons has become a standard
mitigation measure, but there are none
within or near the study area. Four of
the 16 OBS locations are on the
continental slope, but the GI gun is low
volume (45 in3), and it will operate only
a short time (approximately 2 hours) at
each location.
Reporting
A report will be submitted to NMFS
within 90 days after the end of the
cruise. The report will describe the
operations that were conducted and the
marine mammals that were detected
near the operations. The report will be
submitted to NMFS, providing full
documentation of methods, results, and
interpretation pertaining to all
monitoring. The 90–day report will
summarize the dates and locations of
seismic operations, all marine mammal
sightings (dates, times, locations,
activities, associated seismic survey
activities), and estimates of the amount
and nature of potential ‘‘take’’ of marine
mammals by harassment or in other
ways.
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Frm 00045
Fmt 4703
Sfmt 4703
ESA
Pursuant to Section 7 of the ESA, the
NSF has consulted informally with
NMFS for this action since no take of
listed species is anticipated or
authorized. NMFS has also consulted
internally pursuant to Section 7 of the
ESA on the issuance of an IHA under
Section 101(a)(5)(D) for this activity.
NMFS Section 7 biologists issued a
concurrence letter, which concluded
that the risk of individuals listed under
the ESA being adversely affected in this
proposed project is reduced to
discountable levels because of the: (1)
type and short time frame of the
proposed activity (single airgun source
with nominal source level (peak to
peak) of 230.7 dB re 1 µPa executed for
a short period of time (16 sites, no more
than two hours at each site, during a
two week period); (2) unlikelihood of
encountering listed species in the action
area during the time of the proposed
project; and (3) monitoring and
minimization measures to be
implemented as part of the proposed
project.
National Environmental Policy Act
(NEPA)
NSF prepared an Environmental
Assessment of a Planned Low-Energy
Marine Seismic Survey by the Scripps
Institution of Oceanography in the
Northeast Pacific Ocean, September
2007. NMFS has adopted NSF’s EA and
issued a Finding of No Significant
Impact for the issuance of the IHA.
Determinations
NMFS has determined that the impact
of conducting the seismic survey in the
northeast Pacific Ocean may result, at
worst, in a temporary modification in
behavior (Level B Harassment) of small
numbers of eight species of marine
mammals. Further, this activity is
expected to result in a negligible impact
on the affected species or stocks. The
provision requiring that the activity not
have an unmitigable adverse impact on
the availability of the affected species or
stock for subsistence uses does not
apply for this action.
This determination is supported by:
(1) the likelihood that, given sufficient
notice through relatively slow ship
speed, marine mammals are expected to
move away from a noise source that is
annoying prior to its becoming
potentially injurious; (2) the fact that
marine mammals would have to be
closer than either 35 m (115 ft) in
intermediate depths or 23 m (75.5 ft) in
deep water from the vessel to be
exposed to levels of sound (180 dB)
believed to have even a minimal chance
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
of causing TTS; and (3) the likelihood
that marine mammal detection ability
by trained observers is high at that short
distance from the vessel. As a result, no
take by injury or death is anticipated or
authorized and the potential for
temporary or permanent hearing
impairment is very low and will be
avoided through the incorporation of
the required mitigation measures.
While the number of potential
incidental harassment takes will depend
on the distribution and abundance of
marine mammals in the vicinity of the
survey activity, the number of potential
harassment takings is estimated to be
small, less than a percent of any of the
estimated population sizes, and has
been mitigated to the lowest level
practicable through incorporation of the
measures mentioned previously in this
document.
Authorization
As a result of these determinations,
NMFS has issued an IHA to SIO for
conducting a low-energy seismic survey
in the Pacific Ocean during September,
2007, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: September 4, 2007,
Helen Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E7–17775 Filed 9–7–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF DEFENSE
Office of the Secretary
Board of Visitors Meeting
Department of Defense.
Defense Acquisition University
Board of Visitors Meeting.
AGENCY:
ACTION:
The next meeting of the
Defense Acquisition University (DAU)
Board of Visitors (BoV) will be held at
Defense Acquisition University, MidAtlantic Region, California, MD. The
purpose of this meeting is to report back
to the BoV on continuing items of
interest.
DATES: September 26, 2007 from 0900–
1500.
ADDRESSES: 23330 Cottonwood
Parkway, Suite 200, California, MD
20619.
FOR FURTHER INFORMATION CONTACT: Ms.
Christen Goulding at 703–805–5134.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public; however,
because of space limitations, allocation
of seating will be made on a first-come,
ebenthall on PRODPC61 with NOTICES
SUMMARY:
VerDate Aug<31>2005
15:27 Sep 07, 2007
Jkt 211001
first served basis. Persons desiring to
attend the meeting should call Ms.
Christen Goulding at 703–805–5134.
Dated: September 4, 2007.
C.R. Choate,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 07–4407 Filed 9–07–07; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF DEFENSE
Meetings: Threat Reduction Advisory
Committee
Defense Threat Reduction
Agency, Office of the Under Secretary of
Defense (Acquisition, Technology and
Logistics); Department of Defense.
ACTION: Federal Advisory Committee
meeting notice.
AGENCY:
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended)
and the Sunshine Act of 1976 (5 U.S.C.
552b, as amended) the Department of
Defense announces the following
Federal advisory committee meeting:
Name of Committee: Threat
Reduction Advisory Committee
(Hereafter referred to as the Committee).
Date of Meeting: Thursday, November
29, 2007, (8 a.m. to 4 p.m.) and Friday,
November 30, 2007, (8 a.m. to 9:20 a.m.)
Location: Defense Threat Reduction
Agency, Defense Threat Reduction
Center Building, Conference Room G,
Room 1252, 8725 John J. Kingman Road,
Fort Belvoir, Virginia 22060–6201, and
the USD (AT&L) conference Room
(3E659), the Pentagon, Washington, DC.
Time: November 29, 2007, (8 a.m. to
4 p.m.) and November 30, 2007, (8 a.m.
to 9:20 a.m.).
Purpose of Meeting: To obtain, review
and evaluate information related to the
Committee’s mission to advise on
technology security, combating weapons
of mass destruction (WMD), chemical
and biological defense, transformation
of the nuclear weapons stockpile, and
other matters related to the Defense
Threat Reduction Agency’s mission.
Meeting Agenda: The Committee will
receive summaries of current activities
related to combating WMD as well as
nuclear deterrent transformation
activities from the USD AT&L, ATSD
(NCB) and Director of DTRA. Panel
summaries from five ad-hoc working
Panels (Chemical-Biological Warfare
Defense, Systems and Technology,
Combating weapons of Mass
Destruction, Nuclear Deterrent
Transformation, and intelligence) will
be provided for committee discussion.
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Meeting Accessibility: Pursuant to 5
U.S.C. 552b, as amended, and 41 CFR
102–3.155, the Department of Defense
has determined that the meeting shall be
closed to the public. The Undersecretary
of Defense (Acquisition, Technology
and Logistics), in consultation with the
Office of the DoD General Counsel, has
determined in writing that the public
interest requires that all sessions of this
meeting be closed to the public because
they will be concerned with matters
listed in section § 552b(c)(1) of title 5,
United States Code.
Written Statements: Pursuant to 41
CFR 102–3.105(j) and 102–3.140, the
public or interested organizations may
submit written statements to the
membership of the Committee at any
time or in response to the stated agenda
of a planned meeting. Written
statements should be submitted to the
Committee’s Designated Federal Officer;
the Designated Federal Officer’s contact
information can be obtained from the
GSA’s FACA Database—https://
www.fido.gov/facadatabase/public.asp.
Written statements that do not pertain to
a scheduled meeting of the Committee
may be submitted at any time. However,
if individual comments pertain to a
specific topic being discussed at a
planned meeting then these statements
must be submitted no later than five
business days prior to the meeting in
question. The Designated Federal
Officer will review all submitted written
statements and provide copies to all
committee members.
FOR FURTHER INFORMATION CONTACT: Mr.
Eric Wright, Defense Threat Reduction
Agency/AST, 8725 John J. Kingman
Road, MS 6201, Fort Belvoir, VA 22060–
6201.
E-mail: eric.wright@dtra.mil.
Phone: (703) 767–5717.
Fax: (703) 767–5701.
Dated: September 4, 2007.
C.R. Choate,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 07–4408 Filed 9–7–07; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF DEFENSE
Office of the Secretary
Membership of the Performance
Review Board
Department of Defense, Missile
Defense Agency (MDA).
ACTION: Notice.
AGENCY:
This notice announces the
appointment of the members of the
Performance Review Board (PRB) of the
E:\FR\FM\10SEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51622-51627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17775]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC27
Small Takes of Marine Mammals Incidental to Specified Activities;
Low-Energy Marine Seismic Survey in the Northeastern Pacific Ocean,
September 2007
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Scripps Institution of
Oceanography (SIO) for the take of marine mammals, by Level B
harassment only, incidental to conducting a low-energy marine seismic
survey in the northeastern Pacific Ocean during September, 2007.
DATES: Effective September 5, 2007, through September 30, 2007.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of the references used in this document may be
obtained by writing to the address specified above, telephoning the
contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting
the Internet at: https://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.
FOR FURTHER INFORMATION CONTACT: Candace Nachman or Jolie Harrison,
Office of Protected Resources, NMFS, (301) 713-2289.
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 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, a notice of a proposed authorization is provided to the
public for review.
Authorization shall 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 (where relevant), and if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring, and reporting of such takings are set forth. NMFS has
defined ``negligible impact'' in 50 CFR 216.103 as ''...an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.''
Section 101(a)(5)(D) of the MMPA established 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
with respect to certain 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, nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either approve or deny the authorization.
Summary of Request
On May 4, 2007, NMFS received an application from SIO for the
taking, by Level B harassment only, of eight species of marine mammals
incidental to conducting, with research funding from the National
Science Foundation (NSF), an ocean-bottom seismograph (OBS) deployment
and a magnetic, bathymetric, and seismic survey program off the Oregon
coast in the northeastern Pacific Ocean during September, 2007. The
purpose of the research program was outlined in NMFS' notice of the
proposed IHA (72 FR 42045, August 1, 2007).
[[Page 51623]]
Description of the Activity
The seismic surveys will involve one vessel, the R/V Wecoma
(Wecoma), which is scheduled to depart from Newport, OR on September 5,
2007 and return on September 11, 2007. The exact dates of the
activities may vary by a few days because of weather conditions,
repositioning, OBS and streamer operations and adjustments, GI-gun
deployment, or the need to repeat some lines if data quality is
substandard. The seismic surveys will take place off the Oregon coast
in the northeastern Pacific Ocean. The overall area within which the
seismic surveys will occur is located between approximately 44[deg] and
45[deg] N. and 124.5[deg] and 126o W. (Figure 1 in the application).
The surveys will occur approximately 25-110 km (15.5-68.4 mi) offshore
from Oregon in water depths between approximately 110 and 3,050 m (361
and 10,007 ft), entirely within the Exclusive Economic Zone of the U.S.
The Wecoma will deploy a single low-energy Generator-Injector (GI)
airgun as an energy source (with a discharge volume of 45 in\3\), 16
OBSs that will remain in place for a year, and a 300 m-long (984 ft-
long), 16-channel, towed hydrophone streamer. The program will consist
of approximately 21 km (13 mi) of surveys over each of the 16 OBSs. The
GI gun will be operated on a small grid for approximately 2 hours at
each of 16 OBS sites over an approximately 7-day period during
September, 2007. In addition to the operations of the GI gun, a 3.5-kHz
sub-bottom profiler, a Knudsen 320BR sub-bottom profiler, and a
magnetometer may be run on the transit between OBS locations.
A more detailed description of the authorized action, including
vessel and acoustic source specifications, was included in the notice
of the proposed IHA (72 FR 42045, August 1, 2007).
Safety Radii
Received sound levels have been modeled by Lamont-Doherty Earth
Observatory (L-DEO) for a number of airgun configurations, including
one 45-in\3\ GI gun, in relation to distance and direction from the
airgun(s). The model does not allow for bottom interactions and is most
directly applicable to deep water. Based on the modeling, estimates of
the maximum distances from the GI gun where sound levels of 190, 180,
and 160 dB re 1 microPa (rms) are predicted to be received in deep
(>1000-m, 3280-ft) water are 8, 23, and 220 m (26.2, 75.5, and 721.8
ft), respectively and 12, 35, and 330 m (39.4, 115, and 1,082.7 ft),
respectively for intermediate water depths (100-1000m, 328-3,280 ft).
Because the model results are for a 2.5-m (8.2-ft) tow depth, the above
distances slightly underestimate the distances for the 45-in3 GI gun
towed at 4-m (13-ft) depth.
A general discussion of acoustic thresholds and safety radii, as
well as further discussion of the modeling conducted by L-DEO, was
included in the notice of the proposed IHA (72 FR 42045, August 1,
2007).
Comments and Responses
A notice of receipt of the SIO application and proposed IHA was
published in the Federal Register on August 1, 2007 (72 FR 42045).
During the comment period, NMFS received comments from the Marine
Mammal Commission (MMC) and one individual. One individual expressed
the opinion that this authorization should be denied because this type
of activity is much more harmful than the ``profiteers'' admit, causing
extreme harm to the animals, such as brain hemorrhages which cause the
death of the animals. No supporting information was provided for these
assertions, and NMFS believes that the contrary analyses presented in
the EA and Federal Register Notice remain correct.
MMC Comment: The MMC states that because the applicant is
requesting authority to take marine mammals by harassment only, NMFS
should require that operations be suspended immediately if a dead or
seriously injured marine mammal is found in the vicinity of the
operations and the death or injury could have occurred incidental to
the seismic survey. The MMC further recommends that any such suspension
should remain in place until NMFS has: (1) reviewed the situation and
determined that further mortalities or serious injuries are unlikely to
occur; or (2) issued regulations authorizing such takes under section
101(a)(5)(A) of the MMPA.
Response: NMFS concurs with MMC's recommendations and has included
a requirement to this effect in the IHA.
Description of Marine Mammals in the Activity Area
Thirty-two marine mammal species, including 19 odontocete (dolphins
and small and large toothed whales) species, seven mysticete (baleen
whales) species, five pinniped species, and the sea otter, may occur or
have been documented to occur in the marine waters off Oregon and
Washington, excluding extralimital sightings or strandings (Table 1
here). Six of the species that may occur in the project area are listed
under the U.S. Endangered Species Act (ESA) as Endangered, including
sperm, humpback, blue, fin, sei, and North Pacific right whales. One
other species listed as Threatened may occur in the project area: the
Steller sea lion.
Additional information regarding the status and distribution of the
marine mammals in the area and how the densities were calculated was
included in the notice of the proposed IHA (72 FR 42045, August 1,
2007) and may be found in SIO's application.
----------------------------------------------------------------------------------------------------------------
Species Habitat Abundance\1\ Auth Take
----------------------------------------------------------------------------------------------------------------
Mysticetes
North Pacific right whale (Eubalaena Inshore, occasionally N.A.\2\ 0
japonica) \*\ offshore
----------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera Mainly nearshore waters and 1391 0
novaeangliae) \*\ banks
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera Pelagic and coastal 1015 0
acutorostrata)
----------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera borealis) \*\ Primarily offshore, pelagic 56 0
----------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera physalus) \*\ Continental slope, mostly 3279 0
pelagic
----------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera musculus) Pelagic and coastal 1744 0
\*\
----------------------------------------------------------------------------------------------------------------
Odontocetes
Sperm whale (Physeter macrocephalus) Usually pelagic and deep 1233 0
\*\ seas
----------------------------------------------------------------------------------------------------------------
[[Page 51624]]
Pygmy sperm whale (Kogia breviceps) Deep waters off the shelf 247 1
----------------------------------------------------------------------------------------------------------------
Dwarf sperm whale (Kogia sima) Deep waters off the shelf N.A. 0
----------------------------------------------------------------------------------------------------------------
Cuvier's beaked whale (Ziphius Pelagic 1884 0
cavirostris)
----------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius Pelagic 228 0
bairdii)
----------------------------------------------------------------------------------------------------------------
Blainville's beaked whale (Mesoplodon Slope, offshore 1247 \3\ 0
densirostris)
----------------------------------------------------------------------------------------------------------------
Hubb's beaked whale (Mesoplodon Slope, offshore 1247 \3\ 0
carlhubbsi)
----------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale (Mesoplodon Slope, offshore 1247 3 0
stejnegeri)
----------------------------------------------------------------------------------------------------------------
Offshore bottlenose dolphin (Tursiops Offshore, slope 5,065 0
truncatus)
----------------------------------------------------------------------------------------------------------------
Striped dolphin (Stenella Off continental shelf 13,934 0
coeruleoalba)
----------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin Shelf and pelagic, 449,846 4
(Delphinus delphis) seamounts
----------------------------------------------------------------------------------------------------------------
Pacific white-sided dolphin Offshore, slope 59,274 6
(Lagenorhynchus obliquidens)
----------------------------------------------------------------------------------------------------------------
Northern right whale dolphin Slope, offshore waters 20,362 5
(Lissodelphis borealis)
----------------------------------------------------------------------------------------------------------------
Risso's dolphin (Grampus griseus) Shelf, slope, seamounts 16,066 3
----------------------------------------------------------------------------------------------------------------
False killer whale (Pseudorca Pelagic, occasionally N.A. 0
crassidens) inshore
----------------------------------------------------------------------------------------------------------------
Killer whale (Orcinus orca) Widely distributed 466 (Offshore) 0
----------------------------------------------------------------------------------------------------------------
Short-finned pilot whale Mostly pelagic, high-relief 304 0
(Globicephala macrorhynchus) topography
----------------------------------------------------------------------------------------------------------------
Harbor porpoise (Phocoena phocoena) Coastal and inland waters 39,586 (OR/WA) 0
----------------------------------------------------------------------------------------------------------------
Dall's porpoise (Phocoenoides dalli) Shelf, slope, offshore 99,517 39
----------------------------------------------------------------------------------------------------------------
Pinnipeds
Northern fur seal (Callorhinus Pelagic, offshore 688,028 \2\ 3
ursinus)
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus Coastal, shelf 237,000-244,000 0
californianus californianus)
----------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias jubatus) Coastal, shelf 44,996 \2\ Eastern US 0
\*\
----------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina Coastal 24,732 (OR/WA) 1
richardsi)
----------------------------------------------------------------------------------------------------------------
Northern elephant seal (Mirounga Coastal, pelagic when 101,000 (CA) 0
angustirostris) migrating
----------------------------------------------------------------------------------------------------------------
Table 1. Species expected to be encountered (and potentially harassed) during SIO's Pacific Ocean cruise. The
far right column indicates the number of takes authorized by the IHA.
N.A. - Data not available or species status was not assessed.
\*\ Species are listed as threatened or endangered under the Endangered Species Act.
\1\ Abundance given for U.S., Eastern North Pacific, or California/Oregon/Washington Stock, whichever is
included in the 2005 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al. 2006), unless otherwise
stated.
\2\ Angliss and Outlaw (2005).
\3\ All mesoplodont whales
Potential Effects on Marine Mammals
The effects of sounds from airguns might include one or more of the
following: tolerance, masking of natural sounds, behavioral
disturbance, and temporary or permanent hearing impairment or non-
auditory physical or physiological effects (Richardson et al., 1995;
Gordon et al., 2004). To avoid injury, NMFS has determined that
cetaceans and pinnipeds should not be exposed to pulsed underwater
noise at received levels exceeding, respectively, 180 and 190 dB re 1
microPa (rms). The predicted 180- and 190-dB distances for the GI gun
operated by SIO are 35 m (115 ft) and 12 m (39.4 ft), respectively, for
intermediate water depths and 23 m (75.5 ft) and 8 m (26.2 ft),
respectively, for deep water. Given the small size of the gun (one 45-
in\3\ GI gun) planned for the present project and the required
mitigation and monitoring measures, effects are anticipated to be
considerably less than would be the case with a large array of airguns.
It is very unlikely that there would be any cases of temporary or,
especially, permanent hearing impairment or any
[[Page 51625]]
significant non-auditory physical or physiological effects. Also,
behavioral disturbance is expected to be limited to relatively short
distances.
The notice of the proposed IHA (72 FR 42045, August 1, 2007)
included a discussion of the effects of sounds from airguns on
mysticetes, odontocetes, and pinnipeds, including tolerance, masking,
behavioral disturbance, hearing impairment, and other non-auditory
physical effects. Additional information on the behavioral reactions
(or lack thereof) by all types of marine mammals to seismic vessels can
be found in Appendix A (e) of SIO's applicaiton.
The notice of the proposed IHA also included a discussion of the
potential effects of the sub-bottom profiler. Because of the shape of
the beams and the power of the bottom profiler, NMFS believes it
unlikely that marine mammals will be exposed to the sub-bottom profiler
at levels at or above those likely to cause harassment.
Estimated Take by Incidental Harassment
The notice of the proposed IHA (72 FR 42045, August 1, 2007)
included an in-depth discussion of the methods used to calculate the
densities of the marine mammals in the area of the seismic survey and
the take estimates. Additional information was included in SIO's
application. A summary of the total take authorized is included here.
All anticipated takes authorized by this IHA are Level B harassment
only, involving temporary changes in behavior. The far right column in
Table 1, ``Auth Take'', displays the numbers for which take is
authorized. Take calculations were based on maximum exposure estimates
(based on maximum density estimates) vs. best estimates and are based
on the 160-dB isopleth of a larger array of airguns. Given these
considerations, the predicted number of marine mammals that might be
exposed to sounds 160 dB may be somewhat overestimated.
Extensive systematic aircraft- and ship-based surveys have been
conducted for marine mammals offshore of Oregon and Washington (Bonnell
et al., 1992; Green et al., 1992, 1993; Barlow, 1997, 2003; Barlow and
Taylor, 2001; Calambokidis and Barlow, 2004). The most comprehensive
and recent density data available for cetacean species off slope and
offshore waters of Oregon are from the 1996 and 2001 NMFS SWFSC
``ORCAWALE'' ship surveys as synthesized by Barlow (2003). The surveys
were conducted from late July to early November (1996) or early
December (2001). They were conducted up to approximately 556 km (1,824
ft) offshore from Oregon and Washington. Systematic, offshore, at-sea
survey data for pinnipeds are more limited. The most comprehensive such
studies are reported by Bonnell et al. (1992) and Green et al. (1993)
based on systematic aerial surveys conducted in 1989 1990 and 1992,
primarily from coastal to slope waters with some offshore effort as
well.
Since the take estimates authorized in this IHA are no more than
0.4 percent of any cetacean species and no more than 0.01 percent of
any pinniped species found along the Oregon coast, NMFS believes that
the estimated take numbers for these species and stocks are small
relative to both the worldwide abundance of these species and to
numbers taken in other activities that have been authorized for
incidental take of these species.
Potential Effects on Habitat
A detailed discussion of the potential effects of this action on
marine mammal habitat, including physiological and behavioral effects
on marine fish and invertebrates, was included in the notice of the
proposed IHA (72 FR 42045, August 1, 2007). Based on the discussion in
the proposed IHA and the nature of the activities (small airgun and
limited duration), the authorized operations are not expected to have
any habitat-related effects that could cause significant or long-term
consequences for individual marine mammals or their populations or
stocks.
Monitoring
Vessel-based marine mammal visual observers (MMVOs) will be based
aboard the seismic source vessel and will watch for marine mammals near
the vessel during all daytime GI gun operations and during start-ups of
the gun at night. MMVOs will also watch for marine mammals near the
seismic vessel for at least 30 minutes prior to the start of GI gun
operations. When feasible, MMVOs will also make observations during
daytime periods when the seismic system is not operating for comparison
of animal abundance and behavior. Based on MMVO observations, the
airgun will be shut down when marine mammals are observed within or
about to enter a designated exclusion zone (EZ; safety radius). The EZ
is a region in which a possibility exists of adverse effects on animal
hearing or other physical effects.
MMVOs will be appointed by the academic institution conducting the
research cruise, with NMFS Office of Protected Resources concurrence.
At least one MMVO will monitor the EZ during daytime GI gun operations
and any nighttime startups. MMVOs will normally work in shifts of 4
hours duration or less. The vessel crew will also be instructed to
assist in detecting marine mammals.
The Wecoma is a suitable platform for marine mammal observations.
Observing stations will be on the bridge wings, with observers' eyes
approximately 6.5 m (21.3 ft) above the water line and a 180[deg] view
outboard from either side, on the whaleback deck in front of the
bridge, with observers' eyes approximately 7.5 m (24.6 ft) above the
waterline and an approximate 200[deg] view forward, and on the aft
control station, with observers' eyes approximately 5.5 m (18 ft) above
the waterline and an approximate 180[deg] view aft that includes the
40-m (131-ft; 180-dB) radius area around the GI gun. The eyes of the
bridge watch will be at a height of approximately 6.5 m (21.3 ft).
MMVOs will repair to the enclosed bridge during any inclement weather.
Standard equipment for MMVOs will be 7 x 50 reticule binoculars and
optical range finders. At night, night-vision equipment will be
available. Observers will be in wireless communication with ship
officers on the bridge and scientists in the ship's operations
laboratory, so they can advise promptly of the need for avoidance
maneuvers or GI gun shut down.
MMVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document any apparent
disturbance reactions. Data will be used to estimate the numbers of
mammals potentially ``taken'' by harassment. It will also provide the
information needed to order a shutdown of the GI gun when a marine
mammal is within or near the EZ. When a mammal sighting is made, the
following information about the sighting will be recorded:
(1) Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the GI gun or seismic vessel (e.g., none,
avoidance, approach, paralleling, etc.), and behavioral pace.
(2) Time, location, heading, speed, activity of the vessel
(shooting or not), sea state, visibility, cloud cover, and sun glare.
The data listed under (2) will also be recorded at the start and
end of each observation watch and during a watch, whenever there is a
change in one or more of the variables.
[[Page 51626]]
All mammal observations and airgun shutdowns will be recorded in a
standardized format. Data accuracy will be verified by the MMVOs at
sea, and preliminary reports will be prepared during the field program
and summaries forwarded to the operating institution's shore facility
and to NSF weekly or more frequently. MMVO observations will provide
the following information:
(1) The basis for decisions about shutting down the GI gun.
(2) Information needed to estimate the number of marine mammals
potentially ``taken by harassment, which must be reported to NMFS.
(3) Data on the occurrence, distribution, and activities of marine
mammals in the area where the seismic study is conducted.
(4) Data on the behavior and movement patterns of marine mammals
seen at times with and without seismic activity.
Mitigation
Mitigation and monitoring measures proposed to be implemented for
the proposed seismic survey have been developed and refined during
previous SIO and L-DEO seismic studies and associated EAs, IHA
applications, and IHAs. The mitigation and monitoring measures
described herein represent a combination of the procedures required by
past IHAs for other SIO and L-DEO projects. The measures are described
in detail below.
The number of individual animals expected to be approached closely
during the proposed activity will be small in relation to regional
population sizes. With the proposed monitoring and shut-down provisions
(see below), any effects on individuals are expected to be limited to
behavioral disturbance and will have only negligible impacts on the
species and stocks.
Mitigation measures that will be adopted will include: (1) vessel
speed or course alteration, provided that doing so will not compromise
operational safety requirements, (2) GI gun shut down, and (3)
minimizing approach to slopes and submarine canyons, if possible,
because of sensitivity of beaked whales. Two other standard mitigation
measures airgun array power down and airgun array ramp up are not
possible because only one, low-volume GI gun will be used for the
surveys.
Speed or Course Alteration - If a marine mammal is detected outside
the EZ but is likely to enter it based on relative movement of the
vessel and the animal, then if safety and scientific objectives allow,
the vessel speed and/or direct course will be adjusted to minimize the
likelihood of the animal entering the EZ. Major course and speed
adjustments are often impractical when towing long seismic streamers
and large source arrays but are possible in this case because only one
GI gun and a short (300-m, 984-ft) streamer will be used. If the animal
appears likely to enter the EZ, further mitigative actions will be
taken, i.e., either further course alterations or shut down of the
airgun.
Shut-down Procedures - If a marine mammal is within or about to
enter the EZ for the single GI gun, it will be shut down immediately.
Following a shut down, GI gun activity will not resume until the marine
mammal is outside the EZ for the full array. The animal will be
considered to have cleared the EZ if it: (1) is visually observed to
have left the EZ; (2) has not been seen within the EZ for 15 minutes in
the case of small odontocetes and pinnipeds; or (3) has not been seen
within the EZ for 30 minutes in the case of mysticetes and large
odontocetes, including sperm, pygmy sperm, dwarf sperm, and beaked
whales.
Minimize Approach to Slopes and Submarine Canyons - Although
sensitivity of beaked whales to airguns is not known, they appear to be
sensitive to other sound sources (mid-frequency sonar; see section IV
of SIO's application). Beaked whales tend to concentrate in continental
slope areas and in areas where there are submarine canyons. Avoidance
of airgun operations over or near submarine canyons has become a
standard mitigation measure, but there are none within or near the
study area. Four of the 16 OBS locations are on the continental slope,
but the GI gun is low volume (45 in3), and it will operate only a short
time (approximately 2 hours) at each location.
Reporting
A report will be submitted to NMFS within 90 days after the end of
the cruise. The report will describe the operations that were conducted
and the marine mammals that were detected near the operations. The
report will be submitted to NMFS, providing full documentation of
methods, results, and interpretation pertaining to all monitoring. The
90-day report will summarize the dates and locations of seismic
operations, all marine mammal sightings (dates, times, locations,
activities, associated seismic survey activities), and estimates of the
amount and nature of potential ``take'' of marine mammals by harassment
or in other ways.
ESA
Pursuant to Section 7 of the ESA, the NSF has consulted informally
with NMFS for this action since no take of listed species is
anticipated or authorized. NMFS has also consulted internally pursuant
to Section 7 of the ESA on the issuance of an IHA under Section
101(a)(5)(D) for this activity. NMFS Section 7 biologists issued a
concurrence letter, which concluded that the risk of individuals listed
under the ESA being adversely affected in this proposed project is
reduced to discountable levels because of the: (1) type and short time
frame of the proposed activity (single airgun source with nominal
source level (peak to peak) of 230.7 dB re 1 microPa executed for a
short period of time (16 sites, no more than two hours at each site,
during a two week period); (2) unlikelihood of encountering listed
species in the action area during the time of the proposed project; and
(3) monitoring and minimization measures to be implemented as part of
the proposed project.
National Environmental Policy Act (NEPA)
NSF prepared an Environmental Assessment of a Planned Low-Energy
Marine Seismic Survey by the Scripps Institution of Oceanography in the
Northeast Pacific Ocean, September 2007. NMFS has adopted NSF's EA and
issued a Finding of No Significant Impact for the issuance of the IHA.
Determinations
NMFS has determined that the impact of conducting the seismic
survey in the northeast Pacific Ocean may result, at worst, in a
temporary modification in behavior (Level B Harassment) of small
numbers of eight species of marine mammals. Further, this activity is
expected to result in a negligible impact on the affected species or
stocks. The provision requiring that the activity not have an
unmitigable adverse impact on the availability of the affected species
or stock for subsistence uses does not apply for this action.
This determination is supported by: (1) the likelihood that, given
sufficient notice through relatively slow ship speed, marine mammals
are expected to move away from a noise source that is annoying prior to
its becoming potentially injurious; (2) the fact that marine mammals
would have to be closer than either 35 m (115 ft) in intermediate
depths or 23 m (75.5 ft) in deep water from the vessel to be exposed to
levels of sound (180 dB) believed to have even a minimal chance
[[Page 51627]]
of causing TTS; and (3) the likelihood that marine mammal detection
ability by trained observers is high at that short distance from the
vessel. As a result, no take by injury or death is anticipated or
authorized and the potential for temporary or permanent hearing
impairment is very low and will be avoided through the incorporation of
the required mitigation measures.
While the number of potential incidental harassment takes will
depend on the distribution and abundance of marine mammals in the
vicinity of the survey activity, the number of potential harassment
takings is estimated to be small, less than a percent of any of the
estimated population sizes, and has been mitigated to the lowest level
practicable through incorporation of the measures mentioned previously
in this document.
Authorization
As a result of these determinations, NMFS has issued an IHA to SIO
for conducting a low-energy seismic survey in the Pacific Ocean during
September, 2007, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
Dated: September 4, 2007,
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E7-17775 Filed 9-7-07; 8:45 am]
BILLING CODE 3510-22-S
