Small Takes of Marine Mammals Incidental to Specified Activities; Low-Energy Marine Geophysical Survey in the Santa Barbara Channel, November 2008, 66597-66602 [E8-26721]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
Weighted-average margin
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Flex Middle East FZE ...........
All others ...............................
4.05
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Dated: November 5, 2008.
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Administration.
[FR Doc. E8–26802 Filed 11–6–08; 11:15 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Marine Protected Areas Federal
Advisory Committee; Public Meeting
National Ocean Service,
NOAA, Department of Commerce.
ACTION: Notice of open meeting.
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AGENCY:
SUMMARY: Notice is hereby given of a
meeting of the Marine Protected Areas
Federal Advisory Committee
(Committee) in Monterey, California.
DATES: The meeting will be held
Tuesday, November 18, 2008, from 8:30
a.m. to 5 p.m., Wednesday, November
19, from 8:30 a.m. to 5 p.m., and
Thursday, November 20, from 8:30 a.m.
to 12:30 p.m. These times and the
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agenda topics described below are
subject to change. Refer to the Web page
listed below for the most up-to-date
meeting agenda.
DEPARTMENT OF COMMERCE
ADDRESSES:
The meeting will be held at
the Monterey Bay Plaza Hotel, 400
Cannery Row, Monterey, California.
RIN 0648–XJ24
FOR FURTHER INFORMATION CONTACT:
THE UNITED ARAB EMIRATES
Manufacturer/exporter
66597
Small Takes of Marine Mammals
Incidental to Specified Activities; LowEnergy Marine Geophysical Survey in
the Santa Barbara Channel, November
2008
Lauren Wenzel, Designated Federal
Officer, MPA FAC, National Marine
Protected Areas Center, 1305 East West
Highway, Silver Spring, Maryland
20910. (Phone: 301–713–3100 x136,
Fax: 301–713–3110); e-mail:
lauren.wenzel@noaa.gov; or visit the
National MPA Center Web site at
https://www.mpa.gov).
The
Committee, composed of external,
knowledgeable representatives of
stakeholder groups, was established by
the Department of Commerce (DOC) to
provide advice to the Secretaries of
Commerce and the Interior on
implementation of Section 4 of
Executive Order 13158 on MPAs. The
meeting will be open to public
participation from 4:15 p.m. to 5 p.m.
on Tuesday, November 18, 2008, and
from 8:35 a.m. to 9:30 a.m. on Thursday,
November 20, 2008. In general, each
individual or group will be limited to a
total time of five (5) minutes. If
members of the public wish to submit
written statements, they should be
submitted to the Designated Federal
Official by November 14, 2008.
Matters to be Considered: The
Committee will hear a panel
presentation and discussion on ocean
observations and marine protected
areas, and will consider draft reports
and recommendations from the
Scientific and Technical Subcommittee
and the Review and Evaluation
Subcommittee. It will also hold
elections for the position of chair and
vice chair, and will hear presentations
on the development of the national
system of marine protected areas,
including the nomination and gap
analysis processes. Committee members
and the public are also invited to attend
a ceremony to mark the launch of the
national system of marine protected
areas. The Agenda is subject to change,
and the latest version will be posted at
https://www.mpa.gov.
SUPPLEMENTARY INFORMATION:
Dated: November 4, 2008.
Christopher C. Cartwright,
CFO/CAO, NOAA’s National Ocean Service.
[FR Doc. E8–26811 Filed 11–7–08; 8:45 am]
BILLING CODE 3510–08–P
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National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
take 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 the Scripps Institute of
Oceanography (SIO), for the take of
marine mammals, by Level B
harassment only, incidental to
conducting a marine seismic survey in
the Santa Barbara Channel, California,
during November 2008.
DATES: Effective November 1, 2008,
through November 31, 2008.
ADDRESSES: A copy of the IHA and the
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:
Jaclyn Daly or Howard Goldstein, 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 United States 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 and 16 U.S.C.
section 1362(18) 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.
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Summary of Request
On June 27, 2008, NMFS received an
application from SIO for the taking, by
Level B harassment only, of small
numbers of 16 species of marine
mammals incidental to conducting a
twelve day, low-energy marine seismic
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survey within the Santa Barbara
Channel, CA, in November 2008. The
funding for this research survey is
provided by the National Science
Foundation (NSF). The purpose of the
research program is described in NMFS’
notice of the proposed IHA (73 FR
50760, August 28, 2008).
Description of the Activity
The planned survey will involve one
source vessel, the seismic ship R/V
Melville, owned by the U.S. Navy and
operated by SIO. The Melville is
expected to depart San Diego and spend
approximately 12 days conducting the
survey and piston coring activities in
November 2008. At three deeper-water
sites outside state waters, a small 45–in3
GI airgun will be used, but will likely
be reduced to 25 or 35 in3. At two
shallow-water sites that cross into
California state waters, a 1.5–kJ
electromechanical boomer or a 2–kJ
electric sparker system will be used,
depending on water depth and seafloor
conditions, and depending on which
source provides the highest resolution
and best sub- seafloor signal
penetration. The two systems will not
operate concurrently and, in general, the
boomer source likely will be preferred.
As the boomer, sparker, or GI airgun are
towed along the survey lines, a towed
72–channel, 450 m hydrophone
streamer will receive the returning
acoustic signals and transfer the data to
the on-board processing system. All
survey operations will take place in less
than or equal to 1000 m water depth.
In addition to the GI airgun, sparker,
and boomer, a towed chirp system, a
multibeam echosounder (MBES), and a
sub-bottom profiler (SBP) will be used
at various times during the cruise. The
chirp system will be used in tandem
with the seismic sources, or will be used
separately to locate optimal piston core
sites, up to 4 hours at a time to a
maximum of 8 10 hours per day. A 3.5–
kHz SBP will be used to help verify
seafloor conditions at possible coring
sites, and will also be used in tandem
with a MBES during transit to and from
the Santa Barbara Channel area to
collect additional seafloor bathymetric
data. A more detailed description of the
authorized action, including vessel and
acoustic source specifications, is
detailed in the proposed IHA notice (73
FR 50760, August 28, 2008).
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Safety Radii
NMFS has established a 160dB re 1
µParms behavioral harassment (Level B)
threshold for both cetaceans and
pinnipeds and a 190dB and 180 dB re
1 µParms threshold for the potential
onset of injury (Level A) for pinnipeds
and cetaceans, respectively.
Corresponding harassment and safety
isopleths have been modeled for both
shallow and deep water by LamontDoherty Earth Observatory of Columbia
University (L-DEO) for a number of
airgun configurations, including the size
used during the SIO survey, 45 in3
(Table 1). Airgun operations will occur
only in depths of 100–1000 m; therefore
the 12 m, 35 m, and 330 m radii are
applicable.
TABLE 1. DISTANCES TO WHICH SOUND
LEVELS ≥190, 180, AND 160 DB RE
1 µPArms COULD BE RECEIVED FROM
THE 45–IN3 GI AIRGUN THAT WILL BE
USED DURING THE SEISMIC SURVEYS
IN THE SANTA BARBARA CHANNEL IN
NOVEMBER 2008. DISTANCES ARE
BASED ON MODEL RESULTS PROVIDED BY L-DEO.
Water Depth
Estimated Distances (m)
at Received Levels
190 dB
180 dB
160 dB
>1000 m
8
23
220
100–1000 m
12
35
330
The boomer’s source level is higher
than that of the mini sparker thus the
propagation distances for the boomer
will be used for both types of sources.
Received sound levels from the boomer
to be used in this study (source level
209 dB) in shallow water have not been
modeled or measured. However,
Burgess and Lawson (2001) measured
received sound levels from a boomer
with a source level of 203 dB re 1 µParms
in water depths 12–14 m, and Greene
(2006) measured received sound levels
from a boomer with a source level of
188.8 dB re 1 µParms in water depths 37–
48 m, both in the Alaskan Beaufort Sea.
Based on the spherical spreading model,
distances to which sound levels ≥190,
180, and 160 dB re 1 µParms could be
received from the boomer are 9, 28, and
280, respectively (Table 2).
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TABLE 2. DISTANCES TO WHICH RECEIVED SOUND LEVELS ≥190, 180, AND 160 DB RE 1 µPArms WERE MEASURED FOR
TWO BOOMERS IN THE ALASKAN BEAUFORT SEA, AND DISTANCES PREDICTED BY A SPHERICAL SPREADING MODEL FOR
THOSE SOURCES AND FOR THE BOOMER TO BE USED IN THE PROPOSED SURVEYS.
Estimated Distance (m) at Received Levels
Boomer source level (dB re 1 micro Pa)
190 dB
180 dB
160 dB
203 (measured)
<1
2
22
203 (modeled)
4.5
16
140
188.8 (measured)
0.9
2.3
14.6
188.8 (modeled)
1
2.7
27.5
209 (this survey, modeled)
9
28
280
Comments and Responses
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A notice of receipt of SIO’s
application and proposed IHA was
published in the Federal Register on
August 28, 2008 (73 FR 50760). During
the 30–day comment period, NMFS
received comments from the Marine
Mammal Commission (MMC).
Following are the comments from the
MMC and NMFS’ responses.
Comment 1: The MMC recommends
that the applicant be required to
conduct all practicable monitoring and
mitigation measures that reasonably can
be expected to protect the potentially
affected marine mammal species from
serious injury.
Response: NMFS agrees with this
recommendation and has required the
applicant to conduct all practicable
monitoring and mitigation measures
that can reasonably be expected to
protect affected marine mammal species
from serious injury. The IHA requires
that marine mammal visual observers
(MMVOs) on the Melville make
observations for 30 minutes prior to all
seismic source operations and record
the following information when a
marine mammal is sighted: (i) species,
group size, and 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 seismic
source or vessel (e.g., none, avoidance,
approach, paralleling, etc.); and
behavioral pace; and
(ii) time, location, heading, speed, sea
state, visibility, and sun glare- these
data will also be recorded at the start
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and end of each observation watch, and
during a watch whenever there is a
change in one or more of the variables.
The IHA also requires sufficient
mitigation requirements, implemented
by the NMFS approved MMVOs, to
ensure that no marine mammal is killed
or experiences serious injury, including
mandatory shut downs and delay of
operations (e.g., mandatory shut down if
a marine mammal is seen within or
approaching the safety radius). See
Mitigation section (below) for a
complete list of mitigation requirements
under this IHA.
Comment 2: The MMC recommends
that operations be suspended
immediately, pending review by NMFS,
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.
Response: NMFS agrees with this
recommendation. The IHA does not
authorize Level A harassment to marine
mammals (i.e., serious injury or
mortality). In addition, a condition is
included in the IHA which state that in
the unanticipated event that any cases
of marine mammal injury or mortality in
the vicinity of the seismic operations are
judged to result from these activities,
SIO will cease operating seismic sources
and report the incident to the Office of
Protected Resources, NMFS,
immediately. Seismic operations will
then be postponed until NMFS is able
to review the circumstances and work
with SIO to determine whether
modifications in the activities are
appropriate and necessary.
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Description of Marine Mammals in the
Activity Area
A total of 32 marine mammal species
are known to or may occur in the Santa
Barbara Channel, including 18
odontocete species (dolphins and
toothed whales), 8 mysticete species
(baleen whales), 6 pinniped species
(seals and sea lions), and the sea otter.
Seven of the species that may occur in
the project area are listed as endangered
under the U.S. Endangered Species Act
(ESA): the Pacific right, blue,
humpback, sei, fin, and sperm whale
and the Steller sea lion. The sea otter is
under the jurisdiction of the U.S. Fish
and Wildlife Service (USFWS) and
therefore is not considered further in
this analysis. SIO requested and has
been authorized to take 16 of the 32
marine mammals based on likelihood of
encountering these species. This
likelihood factor took into account
temporal, spatial, and abundance data of
each species, harassment radii, and
specifics of the survey (e.g., survey
design, seismic source specifications,
etc.). The remaining 15 species under
NMFS jurisdiction are not expected to
be encountered during the survey and
are not authorized to be taken.
Species authorized to be harassed,
their habitat and abundance in the
project area, and the authorized take
levels are outlined in Table 3.
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 (73 FR
50760, August 28, 2007) and may be
found in SIO’s application.
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TABLE 3. NUMBER OF ANIMALS AUTHORIZED TO BE TAKEN, BY SPECIES, IN THE IHA. CORRESPONDING HABITAT AND
ABUNDANCE OF EACH SPECIES IS ALSO LISTED.
Habitat
Abundance
Authorized
Take
Mainly nearshore waters and banks
>6000
2
Fin whale
Slope, mostly pelagic
13,620–18,680
2
Blue whale
Pelagic and coastal
1186
2
Sperm whale
Usually deep pelagic
24,000
8
Pygmy sperm whale
Deep waters off shelf
N.A.
9
Slope and pelagic
20,000
1
Offshore bottlenose dolphin
Offshore, slope, shelf
3257
3
Coastal bottlenose dolphin
Within 1 km of shore
323
Striped dolphin
Off continental shelf
1,824,000
1
Short-beaked common dolphin
Shelf, pelagic, high relief
487,622
591
Long-beaked common dolphin
Coastal, high relief
1893
76
Offshore, slope
931,000
14
Northern right whale dolphin
Slope, offshore waters
15,305
7
Risso’s dolphin
Shelf, slope, seamounts
12,093
8
Dall’s porpoise
Shelf, slope, offshore
57,549
4
Coastal, shelf
238,000
87
Coastal
34,233
20
Species
Humpback whale
Cuvier’s beaked whale
Pacific white-sided dolphin
California sea lion
Harbor seal
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Potential Effects on Marine Mammals
The effects of sounds from airguns
might include one or more of the
following: avoidance, tolerance,
masking of natural sounds, behavioral
disturbances, and at least in theory,
temporary or permanent hearing
impairment, or non-auditory physical or
physiological effects (Richardson et al.,
1995; Gordon et al., 2004; Nowacek et
al., 2007). However, for this survey, it is
unlikely there would be any cases of
hearing impairment or any significant
non-auditory physical or physiological
effects given the small size of the
seismic sources and mitigation. Also,
behavioral disturbance is expected to be
limited to relatively short distances.
SIO’s application and NMFS’ notice
of the proposed IHA (73 FR 50760,
August 28, 2007) included a detailed
discussion of the potential effects of
sounds from the single airgun, boomer,
and sparker 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 marine mammals to
seismic vessels can be found in SIO’s
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application and in Appendix A of the
accompanying EA.
The notice of the proposed IHA also
included a discussion of the potential
effects of the MBES and SBP. Because
of the narrow beam of the echosounder,
directionality, and short pulse duration,
NMFS believes it unlikely that marine
mammals will be exposed to sound
levels at or above those that have the
potential to cause harassment from
these sources. Further detail on impacts
from these sources may be found in the
proposed Federal Register notice and
SIO’s application.
Estimated Take by Incidental
Harassment
SIO’s application and the notice of the
proposed IHA (73 FR 50760, August 28,
2008) 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. A summary is included here.
All anticipated takes authorized by
this IHA are Level B harassment only.
Take calculations were based on
maximum exposure estimates (based on
maximum density estimates) vs. best
estimates and are based on the 160–dB
Level B harassment isopleth.
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Harassment distances for the airgun are
from a full sized chamber; however, the
applicant has indicated that most likely
the chamber size will be reduced to 25
in3. In addition, the sparker has a lower
source level than the boomer.
Regardless, isopleth distances from the
boomer will be used while the sparker
is operating. Given these considerations,
the predicted number of marine
mammals that might be exposed to
sounds at or above 160 dB is likely an
overestimate.
Numbers of animals authorized to be
taken, by species, is outlined in Table 3.
When compared to population estimates
for each stock, take numbers for each
species are considered small. For
example, blue whale population
abundance in the action area is 1,186
individuals and the applicant is
requesting two animals to be taken. A
complete list of abundance estimates for
each species in outlined in Table 3 in
the application.
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
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invertebrates, was included in the
notice of the proposed IHA (73 FR
50760, August 28, 2007) and can also be
found in SIO’s application and
appendices in the accompanying EA.
While impacts to fish and other marine
mammal prey may occur, this is
expected to be negligible given the short
duration of the survey (approximately
12 days) and that a single low-energy
airgun is being used. Seismic sound
does not impact physical or chemical
characteristics of the habitat (e.g., water
temperature, nutrient availability,
salinity). Therefore, 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 Visual Monitoring
Vessel-based marine mammal visual
observers (MMVOs) will be based on
board the seismic source vessel, and
they will watch for marine mammals
and turtles near the vessel during
seismic operations. MMVOs will also
watch for marine mammals and turtles
near the seismic vessel for at least 30
minutes prior to the start of seismic
operations and after an extended
shutdown. 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 seismic
sources will be shut down when marine
mammals are observed within or about
to enter the designating safety zones.
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Reporting
MMVOs will record data to estimate
the numbers of marine mammals
exposed to various received sound
levels and to document any apparent
disturbance reactions or lack thereof.
Data will be used to estimate the
numbers of mammals potentially
‘‘taken’’ by harassment. They will also
provide information needed to order a
shutdown of the airgun, boomer, or
sparker when marine mammals are
within or near the corresponding safety
radii. When a 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
airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc. and including
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responses to ramp-up), and behavioral
pace.
(2) Time, location, heading, speed,
activity of the vessel (including number
of airguns operating and whether in
state or ramp-up, power-down, or full
power), 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. A final 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 sightings of marine
mammals near the operations. The
report will provide full documentation
of methods, results, and interpretation
pertaining to all monitoring and 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. More information on reporting
requirements can be found in the
proposed IHA Federal Register notice.
Mitigation
Mitigation and monitoring measures
implemented for the Melville cruise
have been developed and refined during
previous seismic surveys funded by
NSF. The mitigation and monitoring
measures described herein represent a
combination of the procedures required
by past IHAs for other similar projects
and on recommended best practices in
Richardson et al. (1995), Pierson et al.
(1998), and Weir and Dolman (2007).
The measures are described in detail
below.
Mitigation measures include (1) vessel
speed or course alteration, provided that
doing so will not compromise
operational safety requirements, (2) GIairgun, boomer, or sparker shut down
when a marine mammal is within or
approaching the designated safety
zones, and (3) delay starting seismic
operations if a marine mammal is
sighted within or approaching the safety
zone; and (4) shut down at any range in
the unlikely event that a North Pacific
right whale is sighted. Two other
standard mitigation measures airgun
array power down and airgun array
ramp up are not possible because only
one, low-volume GI airgun, boomer, or
sparker will be used for the surveys.
Finally, avoidance of airgun operations
over or near steep slopes or submarine
canyons has become a standard
mitigation measure, as these are places
where beaked whales tend to
PO 00000
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66601
concentrate. However, no such
bathymetric features exist in the study
area; therefore, this mitigation measure
is not applicable to these surveys.
Speed or Course Alteration
If a marine mammal is detected
outside the safety zone but is likely to
enter it based on relative movement of
the vessel and the animal, then the
vessel speed and/or course will be
adjusted in the safest manner allowable
to minimize the likelihood of the animal
entering that zone. Major course and
speed adjustments are often impractical
when towing long seismic streamers and
large source arrays, but, in this case,
because only one small source and a
short (450–m) streamer will be used,
this mitigation measure is practicable to
enforce.
In addition, if concentrations of
beaked whales are observed just prior to
or during the airgun, boomer, or sparker
operations, those operations will be
moved to another location based on
recommendations by the on-duty
MMVO aboard the Melville.
Shut-down and Delay Requirements and
Procedures
If a marine mammal is detected
outside the exclusion zones but is likely
to enter the exclusion zone, and if the
vessel’s speed and/or course cannot be
changed to avoid having the animal
enter the exclusion zone, the seismic
source will be shut down before the
animal is within the exclusion zone.
Likewise, if a mammal is already within
the safety zone when first detected, the
seismic source will be shut down
immediately.
Following a shut down, seismic
activity will not resume until the marine
mammal or turtle has cleared the safety
zone. In addition, if a marine mammal
is sighted within or approaching the
safety zone before seismic operations
commence, a delay shall occur until that
animal has cleared the safety zone. The
animal will be considered to have
cleared the safety zone if it is visually
observed to have left that zone; has not
been seen within the zone for 15 min in
the case of shallow diving odontocetes
(i.e., dolphins, porpoise) and pinnipeds;
or has not been seen within the zone for
30 min in the case of deeper diving
cetaceans (i.e., mysticetes and large
odontocetes, including sperm, pygmy
sperm, and beaked whales).
In the unanticipated event that any
cases of marine mammal injury or
mortality are judged to result from these
activities, SIO will cease operating
seismic airgun operation and report
theincident to the Office of Protected
Resources, NMFS, and the Southwest
E:\FR\FM\10NON1.SGM
10NON1
66602
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
Regional Administrator, NMFS,
immediately. Seismic operations will
then be postponed until NMFS is able
to review the circumstances and work
with SIO to determine whether
modifications in the activities are
appropriate and necessary.
Endangered Species Act (ESA)
Pursuant to section 7 of the ESA, NSF
has consulted with the NMFS, Office of
Protected Resources, Endangered
Species Division on this seismic survey.
NMFS has also consulted internally
pursuant to section 7 of the ESA on the
issuance of an IHA under section
101(a)(5)(D) of the MMPA for this
activity. NMFS has issued a Biological
Opinion (BiOp), which concluded that
the proposed action and issuance of an
IHA are not likely to jeopardize the
continued existence of blue, fin,
humpback and sperm whales and green,
leatherback, loggerhead, and olive ridley
sea turtles. The BiOp also concluded
that the proposed action would have no
effect on critical habitat since none has
been designated within the action area.
An incidental take statement (ITS) has
been issued for the take of blue, fin,
humpback, and sperm whales and
green, leatherback, loggerhead, and
olive ridley sea turtles. Relevant Terms
and Conditions of the ITS have been
incorporated into the IHA.
jlentini on PROD1PC65 with NOTICES
National Environmental Policy Act
(NEPA)
NSF prepared an Environmental
Assessment of a Marine Geophysical
Survey by the R/V Melville in the Santa
Barbara Channel, November 2008.
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 a low-energy seismic
survey in the Santa Barbara Channel in
November may result, at worst, in a
temporary modification in behavior
(Level B Harassment) of small numbers
of 14 species of cetaceans and 2 species
of pinnipeds. 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 negligible impact 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 it becoming potentially
VerDate Aug<31>2005
16:09 Nov 07, 2008
Jkt 217001
injurious; (2) during airgun use, marine
mammals would have to be closer than
35 m (114 ft) in waters 100–1000 m (the
water depth for this survey) from the
vessel to be exposed to levels of sound
(180 dB) believed to have even a
minimal chance of causing TTS; (3)
during boomer or sparker use, marine
mammals would have to be closer than
28 m (91 ft) from the vessel to be
exposed to levels of sound (180 dB)
believed to have even a minimal chance
of causing TTS; (4) the likelihood that
marine mammal detection ability by
trained observers is good at those
distances from the vessel; and (5) the
incorporation of other required
mitigation measures (i.e., shutdown and
delay requirements, vessel course and
speed alterations). As a result, no take
by injury or death is anticipated, and
the potential for temporary or
permanent hearing impairment 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 a
small percent of any of the estimated
population sizes, and has been
mitigated to ensure the least impact
practicable through incorporation of the
measures mentioned previously in this
document. In addition, there will not be
an unmitigable impact on subsistence
uses because there are none in the
action area.
Authorization
As a result of these determinations,
NMFS has issued an IHA to SIO for
conducting a marine geophysical survey
in the Santa Barbara Channel, November
2008, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: November 4, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–26721 Filed 11–7–08; 8:45 am]
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Submission for OMB Review;
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PO 00000
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E:\FR\FM\10NON1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66597-66602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XJ24
Small Takes of Marine Mammals Incidental to Specified Activities;
Low-Energy Marine Geophysical Survey in the Santa Barbara Channel,
November 2008
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental take 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 the Scripps Institute of
Oceanography (SIO), for the take of marine mammals, by Level B
harassment only, incidental to conducting a marine seismic survey in
the Santa Barbara Channel, California, during November 2008.
DATES: Effective November 1, 2008, through November 31, 2008.
ADDRESSES: A copy of the IHA and the 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: Jaclyn Daly or Howard Goldstein,
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
[[Page 66598]]
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 United States 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
and 16 U.S.C. section 1362(18) 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 June 27, 2008, NMFS received an application from SIO for the
taking, by Level B harassment only, of small numbers of 16 species of
marine mammals incidental to conducting a twelve day, low-energy marine
seismic survey within the Santa Barbara Channel, CA, in November 2008.
The funding for this research survey is provided by the National
Science Foundation (NSF). The purpose of the research program is
described in NMFS' notice of the proposed IHA (73 FR 50760, August 28,
2008).
Description of the Activity
The planned survey will involve one source vessel, the seismic ship
R/V Melville, owned by the U.S. Navy and operated by SIO. The Melville
is expected to depart San Diego and spend approximately 12 days
conducting the survey and piston coring activities in November 2008. At
three deeper-water sites outside state waters, a small 45-in\3\ GI
airgun will be used, but will likely be reduced to 25 or 35 in\3\. At
two shallow-water sites that cross into California state waters, a 1.5-
kJ electromechanical boomer or a 2-kJ electric sparker system will be
used, depending on water depth and seafloor conditions, and depending
on which source provides the highest resolution and best sub- seafloor
signal penetration. The two systems will not operate concurrently and,
in general, the boomer source likely will be preferred. As the boomer,
sparker, or GI airgun are towed along the survey lines, a towed 72-
channel, 450 m hydrophone streamer will receive the returning acoustic
signals and transfer the data to the on-board processing system. All
survey operations will take place in less than or equal to 1000 m water
depth.
In addition to the GI airgun, sparker, and boomer, a towed chirp
system, a multibeam echosounder (MBES), and a sub-bottom profiler (SBP)
will be used at various times during the cruise. The chirp system will
be used in tandem with the seismic sources, or will be used separately
to locate optimal piston core sites, up to 4 hours at a time to a
maximum of 8 10 hours per day. A 3.5-kHz SBP will be used to help
verify seafloor conditions at possible coring sites, and will also be
used in tandem with a MBES during transit to and from the Santa Barbara
Channel area to collect additional seafloor bathymetric data. A more
detailed description of the authorized action, including vessel and
acoustic source specifications, is detailed in the proposed IHA notice
(73 FR 50760, August 28, 2008).
Safety Radii
NMFS has established a 160dB re 1 microParms behavioral
harassment (Level B) threshold for both cetaceans and pinnipeds and a
190dB and 180 dB re 1 microParms threshold for the potential
onset of injury (Level A) for pinnipeds and cetaceans, respectively.
Corresponding harassment and safety isopleths have been modeled for
both shallow and deep water by Lamont-Doherty Earth Observatory of
Columbia University (L-DEO) for a number of airgun configurations,
including the size used during the SIO survey, 45 in\3\ (Table 1).
Airgun operations will occur only in depths of 100-1000 m; therefore
the 12 m, 35 m, and 330 m radii are applicable.
Table 1. Distances to which sound levels [gteqt]190, 180, and 160 dB re
1 microParms could be received from the 45-in\3\ GI airgun that will be
used during the seismic surveys in the Santa Barbara Channel in November
2008. Distances are based on model results provided by L-DEO.
------------------------------------------------------------------------
Estimated Distances (m) at
Received Levels
Water Depth -----------------------------
190 dB 180 dB 160 dB
------------------------------------------------------------------------
>1000 m 8 23 220
------------------------------------------------------------------------
100-1000 m 12 35 330
------------------------------------------------------------------------
The boomer's source level is higher than that of the mini sparker
thus the propagation distances for the boomer will be used for both
types of sources. Received sound levels from the boomer to be used in
this study (source level 209 dB) in shallow water have not been modeled
or measured. However, Burgess and Lawson (2001) measured received sound
levels from a boomer with a source level of 203 dB re 1 microParms
in water depths 12-14 m, and Greene (2006) measured received sound
levels from a boomer with a source level of 188.8 dB re 1
microParms in water depths 37- 48 m, both in the Alaskan
Beaufort Sea. Based on the spherical spreading model, distances to
which sound levels [gteqt]190, 180, and 160 dB re 1 microParms
could be received from the boomer are 9, 28, and 280, respectively
(Table 2).
[[Page 66599]]
Table 2. Distances to which received sound levels [gteqt]190, 180, and 160 dB re 1 microParms were measured for
two boomers in the Alaskan Beaufort Sea, and distances predicted by a spherical spreading model for those
sources and for the boomer to be used in the proposed surveys.
----------------------------------------------------------------------------------------------------------------
Estimated Distance (m) at Received Levels
Boomer source level (dB re 1 micro -----------------------------------------------------------------------------
Pa) 190 dB 180 dB 160 dB
----------------------------------------------------------------------------------------------------------------
203 (measured) < 1 2 22
----------------------------------------------------------------------------------------------------------------
203 (modeled) 4.5 16 140
----------------------------------------------------------------------------------------------------------------
188.8 (measured) 0.9 2.3 14.6
----------------------------------------------------------------------------------------------------------------
188.8 (modeled) 1 2.7 27.5
----------------------------------------------------------------------------------------------------------------
209 (this survey, modeled) 9 28 280
----------------------------------------------------------------------------------------------------------------
Comments and Responses
A notice of receipt of SIO's application and proposed IHA was
published in the Federal Register on August 28, 2008 (73 FR 50760).
During the 30-day comment period, NMFS received comments from the
Marine Mammal Commission (MMC). Following are the comments from the MMC
and NMFS' responses.
Comment 1: The MMC recommends that the applicant be required to
conduct all practicable monitoring and mitigation measures that
reasonably can be expected to protect the potentially affected marine
mammal species from serious injury.
Response: NMFS agrees with this recommendation and has required the
applicant to conduct all practicable monitoring and mitigation measures
that can reasonably be expected to protect affected marine mammal
species from serious injury. The IHA requires that marine mammal visual
observers (MMVOs) on the Melville make observations for 30 minutes
prior to all seismic source operations and record the following
information when a marine mammal is sighted: (i) species, group size,
and 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 seismic source or vessel (e.g., none, avoidance, approach,
paralleling, etc.); and behavioral pace; and
(ii) time, location, heading, speed, sea state, visibility, and sun
glare- these data 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.
The IHA also requires sufficient mitigation requirements,
implemented by the NMFS approved MMVOs, to ensure that no marine mammal
is killed or experiences serious injury, including mandatory shut downs
and delay of operations (e.g., mandatory shut down if a marine mammal
is seen within or approaching the safety radius). See Mitigation
section (below) for a complete list of mitigation requirements under
this IHA.
Comment 2: The MMC recommends that operations be suspended
immediately, pending review by NMFS, 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.
Response: NMFS agrees with this recommendation. The IHA does not
authorize Level A harassment to marine mammals (i.e., serious injury or
mortality). In addition, a condition is included in the IHA which state
that in the unanticipated event that any cases of marine mammal injury
or mortality in the vicinity of the seismic operations are judged to
result from these activities, SIO will cease operating seismic sources
and report the incident to the Office of Protected Resources, NMFS,
immediately. Seismic operations will then be postponed until NMFS is
able to review the circumstances and work with SIO to determine whether
modifications in the activities are appropriate and necessary.
Description of Marine Mammals in the Activity Area
A total of 32 marine mammal species are known to or may occur in
the Santa Barbara Channel, including 18 odontocete species (dolphins
and toothed whales), 8 mysticete species (baleen whales), 6 pinniped
species (seals and sea lions), and the sea otter. Seven of the species
that may occur in the project area are listed as endangered under the
U.S. Endangered Species Act (ESA): the Pacific right, blue, humpback,
sei, fin, and sperm whale and the Steller sea lion. The sea otter is
under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS)
and therefore is not considered further in this analysis. SIO requested
and has been authorized to take 16 of the 32 marine mammals based on
likelihood of encountering these species. This likelihood factor took
into account temporal, spatial, and abundance data of each species,
harassment radii, and specifics of the survey (e.g., survey design,
seismic source specifications, etc.). The remaining 15 species under
NMFS jurisdiction are not expected to be encountered during the survey
and are not authorized to be taken.
Species authorized to be harassed, their habitat and abundance in
the project area, and the authorized take levels are outlined in Table
3. 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 (73 FR 50760, August 28,
2007) and may be found in SIO's application.
[[Page 66600]]
Table 3. Number of animals authorized to be taken, by species, in the IHA. Corresponding habitat and abundance of each species is also listed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Habitat Abundance Authorized Take
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale Mainly nearshore waters and banks >6000 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fin whale Slope, mostly pelagic 13,620-18,680 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue whale Pelagic and coastal 1186 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sperm whale Usually deep pelagic 24,000 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pygmy sperm whale Deep waters off shelf N.A. 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cuvier's beaked whale Slope and pelagic 20,000 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Offshore bottlenose dolphin Offshore, slope, shelf 3257 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal bottlenose dolphin Within 1 km of shore 323 ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Striped dolphin Off continental shelf 1,824,000 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin Shelf, pelagic, high relief 487,622 591
--------------------------------------------------------------------------------------------------------------------------------------------------------
Long-beaked common dolphin Coastal, high relief 1893 76
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific white-sided dolphin Offshore, slope 931,000 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern right whale dolphin Slope, offshore waters 15,305 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Risso's dolphin Shelf, slope, seamounts 12,093 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dall's porpoise Shelf, slope, offshore 57,549 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion Coastal, shelf 238,000 87
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal Coastal 34,233 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potential Effects on Marine Mammals
The effects of sounds from airguns might include one or more of the
following: avoidance, tolerance, masking of natural sounds, behavioral
disturbances, and at least in theory, temporary or permanent hearing
impairment, or non-auditory physical or physiological effects
(Richardson et al., 1995; Gordon et al., 2004; Nowacek et al., 2007).
However, for this survey, it is unlikely there would be any cases of
hearing impairment or any significant non-auditory physical or
physiological effects given the small size of the seismic sources and
mitigation. Also, behavioral disturbance is expected to be limited to
relatively short distances.
SIO's application and NMFS' notice of the proposed IHA (73 FR
50760, August 28, 2007) included a detailed discussion of the potential
effects of sounds from the single airgun, boomer, and sparker 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 marine mammals to seismic vessels can be found in
SIO's application and in Appendix A of the accompanying EA.
The notice of the proposed IHA also included a discussion of the
potential effects of the MBES and SBP. Because of the narrow beam of
the echosounder, directionality, and short pulse duration, NMFS
believes it unlikely that marine mammals will be exposed to sound
levels at or above those that have the potential to cause harassment
from these sources. Further detail on impacts from these sources may be
found in the proposed Federal Register notice and SIO's application.
Estimated Take by Incidental Harassment
SIO's application and the notice of the proposed IHA (73 FR 50760,
August 28, 2008) 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. A summary is included here.
All anticipated takes authorized by this IHA are Level B harassment
only. Take calculations were based on maximum exposure estimates (based
on maximum density estimates) vs. best estimates and are based on the
160-dB Level B harassment isopleth. Harassment distances for the airgun
are from a full sized chamber; however, the applicant has indicated
that most likely the chamber size will be reduced to 25 in\3\. In
addition, the sparker has a lower source level than the boomer.
Regardless, isopleth distances from the boomer will be used while the
sparker is operating. Given these considerations, the predicted number
of marine mammals that might be exposed to sounds at or above 160 dB is
likely an overestimate.
Numbers of animals authorized to be taken, by species, is outlined
in Table 3. When compared to population estimates for each stock, take
numbers for each species are considered small. For example, blue whale
population abundance in the action area is 1,186 individuals and the
applicant is requesting two animals to be taken. A complete list of
abundance estimates for each species in outlined in Table 3 in the
application.
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
[[Page 66601]]
invertebrates, was included in the notice of the proposed IHA (73 FR
50760, August 28, 2007) and can also be found in SIO's application and
appendices in the accompanying EA. While impacts to fish and other
marine mammal prey may occur, this is expected to be negligible given
the short duration of the survey (approximately 12 days) and that a
single low-energy airgun is being used. Seismic sound does not impact
physical or chemical characteristics of the habitat (e.g., water
temperature, nutrient availability, salinity). Therefore, 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 Visual Monitoring
Vessel-based marine mammal visual observers (MMVOs) will be based
on board the seismic source vessel, and they will watch for marine
mammals and turtles near the vessel during seismic operations. MMVOs
will also watch for marine mammals and turtles near the seismic vessel
for at least 30 minutes prior to the start of seismic operations and
after an extended shutdown. 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 seismic sources will be shut down when marine
mammals are observed within or about to enter the designating safety
zones.
Reporting
MMVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document any apparent
disturbance reactions or lack thereof. Data will be used to estimate
the numbers of mammals potentially ``taken'' by harassment. They will
also provide information needed to order a shutdown of the airgun,
boomer, or sparker when marine mammals are within or near the
corresponding safety radii. When a 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 airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc. and including responses to ramp-up), and
behavioral pace.
(2) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state or ramp-up,
power-down, or full power), 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. A final 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 sightings
of marine mammals near the operations. The report will provide full
documentation of methods, results, and interpretation pertaining to all
monitoring and 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. More information on reporting requirements can be
found in the proposed IHA Federal Register notice.
Mitigation
Mitigation and monitoring measures implemented for the Melville
cruise have been developed and refined during previous seismic surveys
funded by NSF. The mitigation and monitoring measures described herein
represent a combination of the procedures required by past IHAs for
other similar projects and on recommended best practices in Richardson
et al. (1995), Pierson et al. (1998), and Weir and Dolman (2007). The
measures are described in detail below.
Mitigation measures include (1) vessel speed or course alteration,
provided that doing so will not compromise operational safety
requirements, (2) GI-airgun, boomer, or sparker shut down when a marine
mammal is within or approaching the designated safety zones, and (3)
delay starting seismic operations if a marine mammal is sighted within
or approaching the safety zone; and (4) shut down at any range in the
unlikely event that a North Pacific right whale is sighted. Two other
standard mitigation measures airgun array power down and airgun array
ramp up are not possible because only one, low-volume GI airgun,
boomer, or sparker will be used for the surveys. Finally, avoidance of
airgun operations over or near steep slopes or submarine canyons has
become a standard mitigation measure, as these are places where beaked
whales tend to concentrate. However, no such bathymetric features exist
in the study area; therefore, this mitigation measure is not applicable
to these surveys.
Speed or Course Alteration
If a marine mammal is detected outside the safety zone but is
likely to enter it based on relative movement of the vessel and the
animal, then the vessel speed and/or course will be adjusted in the
safest manner allowable to minimize the likelihood of the animal
entering that zone. Major course and speed adjustments are often
impractical when towing long seismic streamers and large source arrays,
but, in this case, because only one small source and a short (450-m)
streamer will be used, this mitigation measure is practicable to
enforce.
In addition, if concentrations of beaked whales are observed just
prior to or during the airgun, boomer, or sparker operations, those
operations will be moved to another location based on recommendations
by the on-duty MMVO aboard the Melville.
Shut-down and Delay Requirements and Procedures
If a marine mammal is detected outside the exclusion zones but is
likely to enter the exclusion zone, and if the vessel's speed and/or
course cannot be changed to avoid having the animal enter the exclusion
zone, the seismic source will be shut down before the animal is within
the exclusion zone. Likewise, if a mammal is already within the safety
zone when first detected, the seismic source will be shut down
immediately.
Following a shut down, seismic activity will not resume until the
marine mammal or turtle has cleared the safety zone. In addition, if a
marine mammal is sighted within or approaching the safety zone before
seismic operations commence, a delay shall occur until that animal has
cleared the safety zone. The animal will be considered to have cleared
the safety zone if it is visually observed to have left that zone; has
not been seen within the zone for 15 min in the case of shallow diving
odontocetes (i.e., dolphins, porpoise) and pinnipeds; or has not been
seen within the zone for 30 min in the case of deeper diving cetaceans
(i.e., mysticetes and large odontocetes, including sperm, pygmy sperm,
and beaked whales).
In the unanticipated event that any cases of marine mammal injury
or mortality are judged to result from these activities, SIO will cease
operating seismic airgun operation and report theincident to the Office
of Protected Resources, NMFS, and the Southwest
[[Page 66602]]
Regional Administrator, NMFS, immediately. Seismic operations will then
be postponed until NMFS is able to review the circumstances and work
with SIO to determine whether modifications in the activities are
appropriate and necessary.
Endangered Species Act (ESA)
Pursuant to section 7 of the ESA, NSF has consulted with the NMFS,
Office of Protected Resources, Endangered Species Division on this
seismic survey. NMFS has also consulted internally pursuant to section
7 of the ESA on the issuance of an IHA under section 101(a)(5)(D) of
the MMPA for this activity. NMFS has issued a Biological Opinion
(BiOp), which concluded that the proposed action and issuance of an IHA
are not likely to jeopardize the continued existence of blue, fin,
humpback and sperm whales and green, leatherback, loggerhead, and olive
ridley sea turtles. The BiOp also concluded that the proposed action
would have no effect on critical habitat since none has been designated
within the action area. An incidental take statement (ITS) has been
issued for the take of blue, fin, humpback, and sperm whales and green,
leatherback, loggerhead, and olive ridley sea turtles. Relevant Terms
and Conditions of the ITS have been incorporated into the IHA.
National Environmental Policy Act (NEPA)
NSF prepared an Environmental Assessment of a Marine Geophysical
Survey by the R/V Melville in the Santa Barbara Channel, November 2008.
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 a low-energy
seismic survey in the Santa Barbara Channel in November may result, at
worst, in a temporary modification in behavior (Level B Harassment) of
small numbers of 14 species of cetaceans and 2 species of pinnipeds.
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 negligible impact 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 it becoming potentially injurious; (2) during
airgun use, marine mammals would have to be closer than 35 m (114 ft)
in waters 100-1000 m (the water depth for this survey) from the vessel
to be exposed to levels of sound (180 dB) believed to have even a
minimal chance of causing TTS; (3) during boomer or sparker use, marine
mammals would have to be closer than 28 m (91 ft) from the vessel to be
exposed to levels of sound (180 dB) believed to have even a minimal
chance of causing TTS; (4) the likelihood that marine mammal detection
ability by trained observers is good at those distances from the
vessel; and (5) the incorporation of other required mitigation measures
(i.e., shutdown and delay requirements, vessel course and speed
alterations). As a result, no take by injury or death is anticipated,
and the potential for temporary or permanent hearing impairment 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 a small percent of any of the estimated
population sizes, and has been mitigated to ensure the least impact
practicable through incorporation of the measures mentioned previously
in this document. In addition, there will not be an unmitigable impact
on subsistence uses because there are none in the action area.
Authorization
As a result of these determinations, NMFS has issued an IHA to SIO
for conducting a marine geophysical survey in the Santa Barbara
Channel, November 2008, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
Dated: November 4, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-26721 Filed 11-7-08; 8:45 am]
BILLING CODE 3510-22-S
