Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the Central Pacific Ocean, November, 2011 Through January, 2012, 75525-75536 [2011-31056]
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Notices
Permit No. 14241, issued on July 15,
2009 (74 FR 3668), authorizes the
permit holder to conduct research on
cetacean behavior, sound production,
and responses to sound. The research
methods include tagging marine
mammals with an advanced digital
sound recording tag that records the
acoustic stimuli an animal hears and
measures vocalization, behavior, and
physiological parameters. Research also
involves conducting sound playbacks in
a carefully controlled manner and
measuring animals’ responses. The
principal study species are beaked
whales, especially Cuvier’s beaked
whale (Ziphius cavirostris), and large
delphinids such as long-finned pilot
whales (Globicephala melas), although
other small cetacean species may also be
studied. The locations for the field work
are the Mediterranean Sea, waters off of
the mid-Atlantic United States, and
Cape Cod Bay. The permit has been
amended twice since issuance.
Amendment number 1 (Permit No.
14241–01) issued on July 27, 2010 (75
FR 47779): (1) Included authorization
for collection of a skin and blubber
biopsy sample from animals that are
already authorized to be tagged; (2)
added new species for existing projects
involving tagging, playbacks, and
behavioral observations; and (3)
modified and clarified tagging and
playback protocols and mitigation for
when dependent calves are present.
Amendment number 2 (Permit No.
14241–02), a minor amendment, issued
on April 4, 2011, modified the sound
source protocols and added zinc oxide
marking for animals being tagged or
biopsied. The permit, as amended, is
valid through July 31, 2014.
The permit holder is requesting the
permit be amended to: (1) Add one new
species, Atlantic spotted dolphin
(Stenella frontalis), for field work in
waters off Georgia, North Carolina,
South Carolina, and Virginia; (2) add a
new project to Dtag the following
species in waters off the west coast of
North America: Baird’s beaked whale
(Berardius bairdii), Cuvier’s beaked
whale, Risso’s dolphin (Grampus
griseus), killer whale (Orcinus orca) and
Mesoplodont beaked whales
(Mesoplodon spp); (3) add a new
procedure for marking cetaceans with
zinc oxide; (4) add satellite tagging to
long-finned pilot whales in approaches
to the Mediterranean; and (5) switch
some of the playback takes initially
located in the Mediterranean and
eastern North Atlantic to the same
stocks of long-finned and short-finned
(G. macrorhynchus) pilot whales in a
subset of a location that is already part
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of the permit in waters near Cape
Hatteras. The amendment would not
change the expiration date of the permit.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: November 28, 2011.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–31036 Filed 12–1–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA808
Takes of Marine Mammals Incidental to
Specified Activities; Marine
Geophysical Survey in the Central
Pacific Ocean, November, 2011
Through January, 2012
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulation, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Lamont-Doherty Earth
Observatory (L–DEO), a part of
Columbia University, for an Incidental
Harassment Authorization (IHA) to take
marine mammals, by harassment,
incidental to conducting a marine
geophysical survey in the central Pacific
Ocean, November, 2011 through
January, 2012.
DATES: Effective November 26, 2011
through January 19, 2012.
ADDRESSES: A copy of the IHA and
application are available by writing to P.
Michael Payne, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910–
3225.
SUMMARY:
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An electronic copy of the application
containing a list of the references used
in this document may be obtained by
writing to the above address,
telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) or
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
The following associated documents
are also available at the same Internet
address: the National Science
Foundation’s (NSF) final Environmental
Analysis (Analysis) pursuant to
Executive Order 12114, which
incorporates an ‘‘Environmental
Assessment of a Marine Geophysical
Survey by the R/V Marcus G. Langseth
in the Central Pacific Ocean, November–
December 2011,’’ prepared by LGL
Limited, on behalf of NSF and L–DEO;
and a finding of no significant impact
(FONSI) prepared by the NSF. NMFS
prepared its own EA and FONSI, which
is available at the same Internet address.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
The NMFS Biological Opinion will be
available online at: https://
www.nmfs.noaa.gov/pr/consultation/
opinions.htm.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine
Mammal Protect Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et
seq.) directs the Secretary of Commerce
to authorize, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals of a
species or population stock, by United
States citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and, if the
taking is limited to harassment, a notice
of a proposed authorization is provided
to the public for review.
Authorization for the incidental
taking of small numbers of marine
mammals shall be granted if NMFS
finds that the taking will have a
negligible impact on the species or
stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). The
authorization must set forth the
permissible methods of taking, other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat, and requirements
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pertaining to the mitigation, monitoring
and reporting of such takings. 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.
Section 101(a)(5)(D) of the MMPA
establishes a 45-day time limit for
NMFS’ review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization. NMFS must publish a
notice in the Federal Register within 30
days of its determination to issue or
deny the authorization.
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].
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Summary of Request
NMFS received an application on
June 17, 2011, from L–DEO for the
taking by harassment, of marine
mammals, incidental to conducting a
marine geophysical survey in the central
tropical Pacific Ocean in international
waters. L–DEO, with research funding
from the U.S. National Science
Foundation (NSF), plans to conduct the
survey from November 26, 2011,
through December 29, 2011. Upon
receipt of additional information, NMFS
determined the application complete
and adequate on August 26, 2011.
NMFS made the complete application
available for public comment (see
ADDRESSES) for this IHA.
L–DEO plans to use one source vessel,
the R/V Marcus G. Langseth (Langseth)
and a seismic airgun array to image the
structure of the oceanic lithosphere (i.e.,
the Earth’s crust and the uppermost
mantle) in the Central Pacific using
three-dimensional (3–D) seismic
reflection techniques. The Langseth
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would deploy a single hydrophone
streamer and approximately 34 shortperiod Ocean Bottom Seismometers
(OBS) to collect geophysical data. After
completion of the seismic survey, the
Langseth will recover the 34
seismometers and deploy 27 broad-band
OBSs and five magneto-telluric
instruments on the seafloor. These
instruments will remain on the seafloor
for 12 months and the scientists will
recover these instruments in 2012.
In addition to the operations of the
seismic airgun array, L–DEO intends to
operate a multibeam echosounder
(MBES) and a sub-bottom profiler (SBP)
continuously throughout the survey.
Acoustic stimuli (i.e., increased
underwater sound) generated during the
operation of the seismic airgun array,
may have the potential to cause a shortterm behavioral disturbance for marine
mammals in the survey area. This is the
principal means of marine mammal
taking associated with these activities
and L–DEO has requested an
authorization to take 20 species of
marine mammals by Level B
harassment. Take is not expected to
result from the use of the MBES, the
SBP, the OBSs, or the magneto-telluric
instruments for reasons discussed in
this notice. Also, NMFS does not expect
take to result from collision with the
Langseth because it is a single vessel
moving at relatively slow speeds during
seismic acquisition within the survey,
for a relatively short period of time. It
is likely that any marine mammal would
be able to avoid the vessel.
Description of the Specified Activity
L–DEO’s seismic survey is scheduled
to commence on November 26, 2011,
and continue for approximately 35 days
ending on December 29, 2011. Some
minor deviation from these dates is
possible, depending on logistics,
weather conditions, and the need to
repeat some lines if data quality is
substandard. Therefore, NMFS proposes
to issue an authorization that extends to
January 19, 2012.
Within this time period, the Langseth
will conduct seismic operations
deploying a 36-airgun array, a 6kilometer (km) hydrophone streamer,
and 34 OBSs. The Langseth will depart
from Honolulu, Hawai’i on November
26, 2011 and transit to the survey area
in the central Pacific Ocean,
approximately 1,300 km (808 mi) south
of Hawai’i.
Geophysical survey activities will
involve 3–D seismic methodologies to
define the detailed structure of the
oceanic lithosphere and to develop a
comprehensive theory on its formation
and evolution. To obtain 3–D images of
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the lithosphere in the survey area, the
Langseth will deploy a 36-airgun array
as an energy source. The receiving
system consists of one 6-km-long
hydrophone streamer and
approximately 34 OBSs. As the airgun
array is towed along the survey lines,
the hydrophone streamers will receive
the returning acoustic signals and
transfer the data to the on-board
processing system. The OBSs will
receive the returning acoustic signals
and record them internally for later
analysis after retrieval from the seafloor.
The study (e.g., equipment testing,
startup, line changes, repeat coverage of
any areas, and equipment recovery) will
take place in water depths of
approximately 5,000 meters (m) (3.1
mi). The survey will require
approximately 11 days (d) to complete
approximately 2,120 km (1,317.3 mi) of
transect lines. The Langseth will shoot
a 600-km-long transect line twice; once
using the hydrophone streamer as the
receiver and once again using the OBSs.
Subsequent seismic operations will
occur along two semi-circular arcs (180
degrees) centered at the mid-point of the
600-km-long transect line with radii of
50 and 150 km, respectively. The
Langseth will conduct additional
seismic operations in the survey area
associated with turns, airgun testing,
and repeat coverage of any areas where
the initial data quality is sub-standard.
Data acquisition will include
approximately 264 hours (hr) of airgun
operation (11 d × 24 hr).
The scientific team for this survey
consists of Drs. J.B. Gaherty (L–DEO); D.
Lizarralde, J.A. Collins, and R. Evans
(Woods Hole Oceanographic
Institution); and G. Hirth (Brown
University).
NMFS expects that acoustic stimuli
resulting from the operation of the
single airgun or the 36-airgun array has
the potential to harass marine mammals,
incidental to the conduct of the seismic
survey. NMFS expects these
disturbances to be temporary and result
in a temporary modification in behavior
and/or low-level physiological effects
(Level B harassment only) of small
numbers of certain species of marine
mammals. NMFS does not expect that
the movement of the Langseth, during
the conduct of the seismic survey, has
the potential to harass marine mammals
because of the relatively slow operation
speed of the vessel (4.6 kts; 8.5 km/hr;
5.3 mph) during seismic acquisition.
NMFS outlined the purpose of the
program in a previous notice for the
proposed IHA (76 FR 57959, September
19, 2011). The activities to be conducted
have not changed between the proposed
IHA notice and this final notice
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announcing the issuance of the IHA. For
a more detailed description of the
authorized action, including vessel and
acoustic source specifications, the
reader should refer to the proposed IHA
notice (76 FR 57959, September 19,
2011), the application and associated
documents referenced above this
section.
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Description of the Specified Geographic
Region
The survey will encompass the area
bounded by 7–12° N and 148–142° W in
international waters in the central
Pacific Ocean (see Figure 1 in L–DEO’s
application). Water depth in the survey
area is approximately 5,000 m (3.1 mi).
Comments and Responses
A notice of receipt of the L–DEO
application and proposed IHA was
published in the Federal Register on
September 19, 2011 (76 FR 57959).
During the 30-day public comment
period, NMFS received comments from
the Marine Mammal Commission
(Commission) only. The Commission’s
comments are online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. Following are their
comments and NMFS’ responses.
Comment 1: The Commission
recommends that the NMFS require L–
DEO to re-estimate the proposed
exclusion (EZs) and buffer zones and
associated takes of marine mammals
using site-specific information.
Response: The Langseth will conduct
the survey in water depths where sitespecific source signature requirements
are neither warranted nor practical. Site
signature measurements are normally
conducted commercially by shooting a
test pattern over an ocean bottom
instrument in shallow water. This
method is neither practical nor valid in
water depths as great as 3,000 m
(9,842.5 ft). The alternative method of
conducting site-specific attenuation
measurements would require a second
vessel, which is impractical both
logistically and financially. Sound
propagation varies noticeably less
between deep water sites than between
shallow water sites (because of the
reduced significance of bottom
interaction), thus decreasing the
importance of site-specific estimates.
Based on these reasons, and the
information provided by USGS in their
application and environmental analysis,
NMFS is satisfied that the data supplied
are sufficient for NMFS to conduct its
analysis and make any determinations
and therefore no further effort is needed
by the applicant. While exposures of
marine mammals to acoustic stimuli are
difficult to estimate, NMFS is confident
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that the levels of take provided by L–
DEO in their IHA application and EA,
and authorized herein are estimated
based upon the best available scientific
information and estimation
methodology. The 160 dB zone used to
estimate exposure is appropriate and
sufficient for purposes of supporting
NMFS’s analysis and determinations
required under section 101(a)(5)(D) of
the MMPA and its implementing
regulations. See NMFS’s response to
Comment 2 (below) for additional
details.
Comment 2: The Commission
recommends that NMFS require L–DEO,
if the exclusion zones (EZ) and buffer
zones and takes are not re-estimated, to
provide a detailed justification: (1) For
basing the EZs and buffer zones for the
proposed survey in the central Pacific
Ocean on empirical data collected in the
Gulf of Mexico (GOM) or on modeling
that relies on measurements from the
GOM; and (2) that explains why simple
ratios were used to adjust for tow depth
and median values were applied to
intermediate water depths rather than
using empirical measurements.
Response: Appendix A in the
environmental analysis includes
information from the calibration study
conducted on the Langseth in 2007 and
2008. This information is now available
in the final environmental assessment
on NSF’s Web site at https://
www.nsf.gov/geo/oce/envcomp/
index.jsp. The revised Appendix A
describes the modeling process and
compares the model results with
empirical results of the 2007 to 2008
Langseth calibration experiment in
shallow, intermediate, and deep water.
The conclusions identified in Appendix
A show that the model represents the
actual produced levels, particularly
within the first few kilometers, where
the predicted exclusion zones (EZs, i.e.,
safety radii) lie. At greater distances,
local oceanographic variations begin to
take effect, and the model tends to over
predict. Further, since the modeling
matches the observed measurement
data, the authors have concluded that
the models can continue to be used for
defining EZs, including for predicting
mitigation radii for various tow depths.
The data results from the studies were
peer reviewed and the calibration
results, viewed as conservative, were
used to determine the cruise-specific
EZs.
At present, the L–DEO model does not
account for site-specific environmental
conditions. The calibration study of the
L–DEO model predicted that using sitespecific information may actually
provide less conservative EZ radii at
greater distances. The Draft
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Programmatic Environmental Impact
Statement for Marine Seismic Research
Funded by the National Science
Foundation or Conducted by the U.S.
Geological Survey (DPEIS) prepared
pursuant to the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) did incorporate various sitespecific environmental conditions in the
modeling of the Detailed Analysis
Areas.
The IHA issued to L–DEO, under
section 101(a)(5)(D) of the MMPA
provides monitoring and mitigation
requirements that will protect marine
mammals from injury, serious injury, or
mortality. USGS is required to comply
with the IHA’s requirements. These
analyses are supported by extensive
scientific research and data. NMFS is
confident in the peer-reviewed results of
the L–DEO seismic calibration studies
which, although viewed as conservative,
are used to determine cruise-specific
EZs and which factor into exposure
estimates. NMFS has determined that
these reviews are the best scientific data
available for review of the IHA
application and to support the necessary
analyses and determinations under the
MMPA, Endangered Species Act (ESA;
16 U.S.C. 1531 et seq.) and NEPA.
Based on NMFS’s analysis of the
likely effects of the specified activity on
marine mammals and their habitat,
NMFS has determined that the EZs
identified in the IHA are appropriate for
the survey and that additional field
measurement is not necessary at this
time. While exposures of marine
mammals to acoustic stimuli are
difficult to estimate, NMFS is confident
that the levels of take authorized have
been estimated based upon the best
available scientific information and
estimation methodology. The 160-dB
zone used to estimate exposure is
appropriate and sufficient for purposes
of supporting NMFS’s analysis and
determinations required under section
101(a)(5)(D) of the MMPA and its
implementing regulations.
Comment 3: The Commission
recommends that NMFS require that L–
DEO use species-specific maximum
densities rather than best densities to reestimate the anticipated number of
takes.
Response: For purposes of this IHA,
NMFS is using the best (i.e., average or
mean) densities to estimate the number
of authorized takes for L–DEO’s seismic
survey in the central Pacific Ocean as
NMFS is confident in the assumptions
and calculations used to estimate
density for this survey area. NMFS
makes decisions on whether to use
maximum or best densities on a case-bycase basis, depending on the nature and
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robustness of existing data. Contrary to
the Commission’s comment in their
October 19, 2011 letter to NMFS on the
proposed IHA, NMFS has used best
densities to estimate the number of
incidental takes in IHAs for several
seismic surveys in the past. The results
of the associated monitoring reports
show that the use of the best estimates
is appropriate for and does not refute
NMFS’s determinations.
Comment 4: The Commission
recommends that if NMFS is planning
to allow the applicant to resume full
power after eight minutes (min) under
certain circumstances, specify in the
authorization in all conditions under
which an eight min period could be
followed by a full-power resumption of
the airguns.
Response: The IHA specifies the
conditions under which the Langseth
will resume full-power operations of the
airguns. During periods of active
seismic operations, there are occasions
when the airguns need to be temporarily
shut-down (for example due to
equipment failure, maintenance, or
shut-down) or a power-down is
necessary (for example when a marine
mammal is seen to either enter or about
to enter the EZ). In these instances,
should the airguns be inactive or
powered-down for more than eight min,
then L–DEO would follow the ramp-up
procedures identified in the Mitigation
section (see below) where airguns will
be re-started beginning with the smallest
airgun in the array and increase in steps
not to exceed 6 dB per 5 min over a total
duration of approximately 30 min.
NMFS and NSF believe that the eight
min period in question is an appropriate
minimum amount of time to pass after
which a ramp-up process should be
followed. In these instances, should it
be possible for the airguns to be reactivated without exceeding the eight
min period (for example equipment is
fixed or a marine mammal is visually
observed to have left the EZ for the full
source level), then the airguns would be
reactivated to the full operating source
level identified for the survey (in this
case, 6,600 in 3) without need for
initiating ramp-up procedures. In the
event a marine mammal enters the EZ
and a power-down is initiated, and the
marine mammal is not visually observed
to have left the EZ, then L–DEO must
wait 15 min (for species with shorter
dive durations—small odontocetes and
pinnipeds) or 30 min (for species with
longer dive durations—mysticetes and
large odontocetes) after the last sighting
before initiating a 30-min ramp-up.
However, ramp-up will not occur as
long as a marine mammal is detected
within the EZ, which provides more
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time for animals to leave the EZ, and
accounts for the position, swim speed,
and heading of marine mammals within
the EZ.
Comment 5: The Commission
recommends that NMFS extend the 30
min period following a marine mammal
sighting in the EZ to cover the full dive
times of all species likely to be
encountered.
Response: NMFS recognizes that
several species of deep-diving cetaceans
are capable of remaining underwater for
more than 30 min (e.g., sperm whales
and several types of beaked whales);
however, for the following reasons
NMFS believes that 30 min is an
adequate length of the monitoring
period prior to the ramp-up of airguns:
(1) Because the Langseth is required
to monitor before ramp-up of the airgun
array, the time of monitoring prior to the
start-up of any but the smallest array is
effectively longer than 30 min (ramp-up
will begin with the smallest airgun in
the array and airguns will be added in
sequence such that the source level of
the array will increase in steps not
exceeding approximately 6 dB per 5min period over a total duration of 20
to 30 min;
(2) In many cases PSVOs are
observing during times when L–DEO is
not operating the seismic airguns and
would observe the area prior to the 30
min observation period;
(3) The majority of the species that
may be exposed do not stay underwater
more than 30 min; and
(4) All else being equal and if deepdiving individuals happened to be in
the area in the short time immediately
prior to the pre-ramp up monitoring, if
an animal’s maximum underwater dive
time is 45 min, then there is only a one
in three chance that the last random
surfacing would occur prior to the
beginning of the required 30 min
monitoring period and that the animal
would not be seen during that 30 min
period.
Finally, seismic vessels are moving
continuously (because of the long,
towed array and streamer) and NMFS
believes that unless the animal
submerges and follows at the speed of
the vessel (highly unlikely, especially
when considering that a significant part
of their movement is vertical [deepdiving]), the vessel will be far beyond
the length of the EZ within 30 min, and
therefore it will be safe to start the
airguns again.
Under the MMPA, incidental take
authorizations must include means of
effecting the least practicable adverse
impact on marine mammal species and
their habitat. Monitoring and mitigation
measures are designed to comply with
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this requirement. NMFS believes that
the framework for visual monitoring
will: (1) Be effective at spotting almost
all species for which take is requested;
and (2) that imposing additional
requirements, such as those suggested
by the Commission, would not
meaningfully increase the effectiveness
of observing marine mammals
approaching or entering the EZs and
thus further minimize the potential for
take.
Comment 6: The Commission
recommends that NMFS, prior to
granting the requested authorization,
provide additional justification for its
preliminary determination that the
proposed monitoring program will be
sufficient to detect, with a high level of
confidence, all marine mammals within
or entering the identified EZs and buffer
zones, including:
(1) Identifying those species that it
believes can be detected with a high
degree of confidence using visual
monitoring only;
(2) Describing detection probability as
a function of distance from the vessel;
(3) Describing changes in detection
probability under various sea state and
weather conditions and light levels; and
(4) Explaining how close to the vessel
marine mammals must be for Protected
Species Observers (PSOs) to achieve
high nighttime detection rates.
Response: NMFS believes that the
planned monitoring program will be
sufficient to detect (using visual
monitoring and passive acoustic
monitoring (PAM)), with reasonable
certainty, marine mammals within or
entering identified EZs. This
monitoring, along with the required
mitigation measures, will result in the
least practicable adverse impact on the
affected species or stocks and will result
in a negligible impact on the affected
species or stocks of marine mammals.
Also, NMFS expects some animals to
avoid areas around the airgun array
ensonified at the level of the EZ.
NMFS acknowledges that the
detection probability for certain species
of marine mammals varies depending
on animal’s size and behavior as well as
sea state and weather conditions and
light levels. The detectability of marine
mammals likely decreases in low light
(i.e., darkness), higher Beaufort sea
states and wind conditions, and poor
weather (e.g., fog and/or rain). However,
at present, NMFS views the
combination of visual monitoring and
PAM as the most effective monitoring
and mitigation techniques available for
detecting marine mammals within or
entering the EZ. The final monitoring
and mitigation measures are the most
effective feasible measures and NMFS is
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not aware of any additional measures
which could meaningfully increase the
likelihood of detecting marine mammals
in and around the EZ. Further, public
comment has not revealed any
additional monitoring or mitigation
measures that could be feasibly
implemented to increase the
effectiveness of detection.
NSF and L–DEO are receptive to
incorporating proven technologies and
techniques to enhance the current
monitoring and mitigation program.
Until proven technological advances are
made, nighttime mitigation measures
during operations include combinations
of the use of PSVOs for ramp-ups, PAM,
night vision devices (NVDs), and
continuous shooting of a mitigation
airgun. Should the airgun array be
powered-down, the operation of a single
airgun would continue to serve as a
sound source deterrent to marine
mammals. In the event of a complete
shut-down of the airgun array at night
for mitigation or repairs, L–DEO
suspends the data collection until onehalf hour after nautical twilight-dawn
(when PSVO’s are able to clear the EZ).
L–DEO will not activate the airguns
until the entire EZ is visible for at least
30 min.
In cooperation with NMFS, L–DEO
will be conducting efficacy experiments
of NVDs during a future Langseth
cruise. In addition, in response to a
recommendation from NMFS, L–DEO is
evaluating the use of handheld forwardlooking thermal imaging cameras to
supplement nighttime monitoring and
mitigation practices. During other low
power seismic and seafloor mapping
surveys, L–DEO successfully used these
devices while conducting nighttime
seismic operations.
Comment 7: The Commission
recommends that NMFS consult with
the funding agency (i.e., NSF) and
individual applicants (e.g., L–DEO and
U.S. Geological Survey (USGS)) to
develop, validate, and implement a
monitoring program that provides a
scientifically sound, reasonably accurate
assessment of the types of marine
mammal taking and number of marine
mammals taken.
Response: Numerous studies have
reported on the abundance and
distribution of marine mammals
inhabiting the central and eastern
tropical Pacific Ocean, which overlaps
with the seismic survey area, and L–
DEO has incorporated this data into
their analyses used to predict marine
mammal take in their application.
NMFS believes that L–DEO’s current
approach for estimating abundance in
the survey area (prior to the survey) is
the best available approach.
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There will be significant amounts of
transit time during the cruise, and
PSVOs will be on watch prior to and
after the seismic portions of the survey,
in addition to during the survey. The
collection of this visual observational
data by PSVOs may contribute to
baseline data on marine mammals
(presence/absence) and provide some
generalized support for estimated take
numbers, but it is unlikely that the
information gathered from this single
cruise alone would result in any
statistically robust conclusions for any
particular species because of the small
number of animals typically observed.
NMFS acknowledges the
Commission’s recommendations and is
open to further coordination with the
Commission, NSF (the vessel owner),
and L–DEO (the ship operator on behalf
of NSF), to develop, validate, and
implement a monitoring program that
will provide or contribute towards a
more scientifically sound and
reasonably accurate assessment of the
types of marine mammal taking and the
number of marine mammals taken.
However, the cruise’s primary focus is
marine geophysical research and the
survey may be operationally limited due
to considerations such as location, time,
fuel, services, and other resources.
Comment 8: The Commission
recommends that NMFS require the
applicant to:
(1) Report on the number of marine
mammals that were detected
acoustically and for which a powerdown or shut-down of the airguns was
initiated;
(2) Specify if such animals also were
detected visually; and
(3) Compare the results from the two
monitoring methods (visual versus
acoustic) to help identify their
respective strengths and weaknesses.
Response: The IHA requires that
PSAOs on the Langseth do and record
the following when a marine mammal is
detected by the PAM:
(i) Notify the on-duty PSVO(s)
immediately of a vocalizing marine
mammal so a power-down or shut-down
can be initiated, if required;
(ii) Enter the information regarding
the vocalization into a database. The
data to be entered include an acoustic
encounter identification number,
whether it was linked with a visual
sighting, date, time when first and last
heard and whenever any additional
information was recorded, position, and
water depth when first detected, bearing
if determinable, species or species group
(e.g., unidentified dolphin, sperm
whale), types and nature of sounds
heard (e.g., clicks, continuous, sporadic,
whistles, creaks, burst pulses, strength
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of signal, etc.), and any other notable
information.
L–DEO reports on the number of
acoustic detections made by the PAM
system within the post-cruise
monitoring reports as required by the
IHA. The report also includes a
description of any acoustic detections
that were concurrent with visual
sightings, which allows for a
comparison of acoustic and visual
detection methods for each cruise. The
post-cruise monitoring reports also
include the following information: the
total operational effort in daylight (hrs),
the total operational effort at night (hrs),
the total number of hours of visual
observations conducted, the total
number of sightings, and the total
number of hours of acoustic detections
conducted.
LGL Ltd., Environmental Research
Associates (LGL), a contractor for L–
DEO, has processed sighting and density
data, and their publications can be
viewed online at: https://www.lgl.com/
index.php?option=com_
content&view=article&id=69&
Itemid=162&lang=en. Post-cruise
monitoring reports are currently
available on the NMFS’s MMPA
Incidental Take Program Web site on the
NSF Web site (https://www.nsf.gov/geo/
oce/envcomp/index.jsp) should there be
interest in further analysis of this data
by the public.
Comment 9: The Commission
recommends that NMFS condition the
authorization to require the L–DEO to
monitor, document, and report
observations during all ramp-up
procedures.
Response: The IHA requires that
PSVOs on the Langseth make
observations for 30 min prior to rampup, during all ramp-ups, and during all
daytime seismic operations and record
the following information when a
marine mammal is sighted:
(i) 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 of the
airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc., and
including responses to ramp-up), and
behavioral pace; and
(ii) Time, location, heading, speed,
activity of the vessel (including number
of airguns operating and whether in
state of ramp-up or power-down),
Beaufort wind force and sea state,
visibility, and sun glare.
Comment 10: The Commission
recommends that NMFS work with NSF
to analyze these monitoring data to help
determine the effectiveness of ramp-up
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procedures as a mitigation measure for
geophysical surveys after the data are
compiled and quality control measures
have been completed.
Response: One of the primary
purposes of monitoring is to result in
‘‘increased knowledge of the species’’
and the effectiveness of monitoring and
mitigation measures; the effectiveness of
ramp-up as a mitigation measure and
marine mammal reaction to ramp-up
would be useful information in this
regard. NMFS has asked NSF and L–
DEO to gather all data that could
potentially provide information
regarding the effectiveness of ramp-ups
as a mitigation measure. However,
considering the low numbers of marine
mammal sightings and low numbers of
ramp-ups, it is unlikely that the
information will result in any
statistically robust conclusions for this
particular seismic survey. Over the long
term, these requirements may provide
information regarding the effectiveness
of ramp-up as a mitigation measure,
provided animals are detected during
ramp-up.
Description of the Marine Mammals in
the Area of the Specified Activity
Twenty-six marine mammal species
may occur in the survey area, including
19 odontocetes (toothed cetaceans), 6
mysticetes (baleen whales) and one
species of pinniped during November
through January. Six of these species are
listed as endangered under the ESA,
including the humpback (Megaptera
novaeangliae), sei (Balaenoptera
borealis), fin (Balaenoptera physalus),
blue (Balaenoptera musculus), and
sperm (Physeter macrocephalus) whale
and the Hawaiian monk seal (Monachus
schauinslandi).
Based on available data, it is unlikely
that six out of the 26 marine mammal
species would occur in the survey area,
including the: Humpback, minke
(Balaenoptera acutorostrata), fin,
pygmy killer (Feresa attenuata), pygmy
sperm (Kogia breviceps), or sei whale
and the Hawaiian monk seal. Hawaiian
monk seals have the potential to transit
in the vicinity of the seismic survey,
although any occurrence would be rare
as they are vagrants to the area. Based
on available data, L–DEO does not
expect to encounter Hawaiian monk
seals within the survey area and does
not present analysis for these species.
Accordingly, NMFS did not consider
this pinniped species in greater detail.
The species of marine mammals
expected to be most common in the
survey area (all delphinids) include the
pantropical spotted dolphin (Stenella
attenuata) and spinner dolphin
(Stenella longirostris).
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NMFS has presented a more detailed
discussion of the status of these stocks
and their occurrence in the central
Pacific Ocean in the notice of the
proposed IHA (76 FR 57959, September
19, 2011).
Potential Effects on Marine Mammals
Acoustic stimuli generated by the
operation of the airguns, which
introduce sound into the marine
environment, may have the potential to
cause Level B harassment of marine
mammals in the survey area. The effects
of sounds from airgun operations might
include one or more of the following:
Tolerance, masking of natural sounds,
behavioral disturbance, temporary or
permanent impairment, or non-auditory
physical or physiological effects
(Richardson et al., 1995; Gordon et al.,
2004; Nowacek et al., 2007; Southall et
al., 2007).
Permanent hearing impairment, in the
unlikely event that it occurred, would
constitute injury, but temporary
threshold shift (TTS) is not an injury
(Southall et al., 2007). Although the
possibility cannot be entirely excluded,
it is unlikely that the project would
result in any cases of temporary or
permanent hearing impairment, or any
significant non-auditory physical or
physiological effects. Based on the
available data and studies described
here, some behavioral disturbance is
expected, but NMFS expects the
disturbance to be localized and shortterm.
The notice of the proposed IHA (76
FR 57959, September 19, 2011) included
a discussion of the effects of sounds
from airguns on mysticetes and
odontocetes including tolerance,
masking, behavioral disturbance,
hearing impairment, and other nonauditory physical effects. NMFS refers
the reader to L–DEO’s application,
environmental analysis and NMFS’ EA
for additional information on the
behavioral reactions (or lack thereof) by
all types of marine mammals to seismic
vessels.
Anticipated Effects on Marine Mammal
Habitat
NMFS included a detailed discussion
of the potential effects of this action on
marine mammal habitat, including
physiological and behavioral effects on
marine fish and invertebrates in the
notice of the proposed IHA (76 FR
57959, September 19, 2011). While
NMFS anticipates that the specified
activity may result in marine mammals
avoiding certain areas due to temporary
ensonification, this impact to habitat is
temporary and reversible which NMFS
considered in further detail in the notice
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of the proposed IHA (76 FR 57959,
September 19, 2011) as behavioral
modification. The main impact
associated with the activity would be
temporarily elevated noise levels and
the associated direct effects on marine
mammals.
Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and the availability of such
species or stock for taking for certain
subsistence uses.
L–DEO has based the mitigation
measures described herein, to be
implemented for the seismic survey, on
the following:
(1) Protocols used during previous L–
DEO seismic research cruises as
approved by NMFS;
(2) Previous IHA applications and
IHAs approved and authorized by
NMFS; and
(3) Recommended best practices in
Richardson et al. (1995), Pierson et al.
(1998), and Weir and Dolman, (2007).
To reduce the potential for
disturbance from acoustic stimuli
associated with the activities, L–DEO
and/or its designees would implement
the following mitigation measures for
marine mammals:
(1) Proposed exclusion zones (EZ);
(2) Power-down procedures;
(3) Shutdown procedures; and
(4) Ramp-up procedures.
Exclusion Zones—L–DEO uses safety
radii to designate EZs and to estimate
take for marine mammals. Table 1
shows the distances at which two sound
levels (160- and 180-dB) are expected to
be received from the 36-airgun array and
a single airgun. The 180-dB level shutdown criterion is applicable to
cetaceans, as specified by NMFS (2000);
and L–DEO used these levels to
establish the EZs. If the protected
species visual observer (PSVO) detects
marine mammal(s) within or about to
enter the appropriate EZ, the Langseth
crew will immediately power down the
airgun array, or perform a shut down if
necessary (see Shut-down Procedures).
Table 1 summarizes the predicted
distances at which sound levels (160and 180-dB) are expected to be received
from the 36-airgun array and a single
airgun operating in deep water.
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TABLE 1—MEASURED (ARRAY) OR PREDICTED (SINGLE AIRGUN) DISTANCES TO WHICH SOUND LEVELS GREATER THAN
OR EQUAL TO 160 AND 180 dB RE: 1 μParms THAT COULD BE RECEIVED IN DEEP WATER USING A 36-AIRGUN
ARRAY, AS WELL AS A SINGLE AIRGUN TOWED AT A DEPTH OF 9 M (29.5 FT) DURING THE SURVEY IN THE CENTRAL
PACIFIC OCEAN, DURING NOVEMBER, 2011–JANUARY, 2012
[Distances are based on model results provided by L–DEO]
Predicted RMS distances (m)
Source and volume
Water depth
160 dB
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Single Bolt airgun (40 in3) ............................................
36-Airgun Array ............................................................
Power-down Procedures—A powerdown involves decreasing the number of
airguns in use such that the radius of
the 180-dB zone is decreased to the
extent that marine mammals are no
longer in or about to enter the EZ. A
power down of the airgun array can also
occur when the vessel is moving from
one seismic line to another. During a
power-down for mitigation, L–DEO will
operate one airgun. The continued
operation of one airgun is intended to
alert marine mammals to the presence of
the seismic vessel in the area. In
contrast, a shut down occurs when the
Langseth suspends all airgun activity.
If the PSVO detects a marine mammal
outside the EZ, which is likely to enter
the EZ, L–DEO will power down the
airguns before the animal enters the EZ.
Likewise, if a mammal is already within
the EZ, when first detected L–DEO will
power down the airguns immediately.
During a power down of the airgun
array, L–DEO will operate the 40-cubic
inch (in3) airgun. If a marine mammal is
detected within or near the smaller EZ
around that single airgun (Table 1), L–
DEO will shut down the airgun (see next
section).
Following a power-down, L–DEO will
not resume airgun activity until the
marine mammal has cleared the safety
zone. L–DEO will consider the animal to
have cleared the EZ if—
• A PSVO has visually observed the
animal leave the EZ; or
• A PSVO has not sighted the animal
within the EZ for 15 min for small
odontocetes, or 30 min for mysticetes
and large odontocetes, including sperm,
pygmy sperm, dwarf sperm, and beaked
whales; or
• The vessel has moved outside the
EZ (e.g., if a marine mammal is sighted
close to the vessel and the ship speed
is 8.5 km/h (5.3 mph), it would take the
vessel approximately eight minutes to
leave the vicinity of the marine
mammal).
During airgun operations following a
power-down (or shut-down) whose
duration has exceeded the time limits
specified previously, L–DEO will ramp-
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Deep (> 1,000 m) .........................................................
.......................................................................................
up the airgun array gradually (see Shutdown Procedures).
Shut-down Procedures—L–DEO will
shut down the operating airgun(s) if a
marine mammal is seen within or
approaching the EZ for the single
airgun. L–DEO will implement a shutdown:
(1) If an animal enters the EZ of the
single airgun after L–DEO has initiated
a power down; or
(2) If an animal is initially seen within
the EZ of the single airgun when more
than one airgun (typically the full
airgun array) is operating.
L–DEO will not resume airgun
activity until the marine mammal has
cleared the EZ, or until the PSVO is
confident that the animal has left the
vicinity of the vessel. Criteria for
judging that the animal has cleared the
EZ will be as described in the preceding
section.
Ramp-up Procedures—L–DEO will
follow a ramp-up procedure when the
airgun subarrays begin operating after a
specified period without airgun
operations or when a power down has
exceeded that period. For the present
cruise, this period will be
approximately eight minutes. This
period is based on the 180-dB radius for
the 36-airgun array towed at a depth of
nine m (29.5 ft) in relation to the
minimum planned speed of the
Langseth while shooting (8.5 km/h; 5.3
mph; 4.6 kts). L–DEO has used similar
periods (8–10 min) during previous L–
DEO surveys. L–DEO will not resume
operations if a marine mammal has not
cleared the EZ as described earlier.
Ramp-up will begin with the smallest
airgun in the array (40-in3). Airguns will
be added in a sequence such that the
source level of the array will increase in
steps not exceeding six dB per fiveminute period over a total duration of
approximately 30 min. During ramp-up,
the PSVOs will monitor the EZ, and if
he/she sights a marine mammal, L–DEO
will implement a power down or shut
down as though the full airgun array
were operational.
If the complete EZ is not visible to the
PSVO for at least 30 min prior to the
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385
3,850
180 dB
40
940
start of operations in either daylight or
nighttime, L–DEO will not commence
the ramp-up unless at least one airgun
(40-in3 or similar) has been operating
during the interruption of seismic
survey operations. Given these
provisions, it is likely that L–DEO will
not ramp up the airgun array from a
complete shut-down at night or in thick
fog, because the outer part of the EZ for
that array will not be visible during
those conditions. If one airgun has
operated during a power-down period,
ramp-up to full power will be
permissible at night or in poor visibility,
on the assumption that marine
mammals will be alerted to the
approaching seismic vessel by the
sounds from the single airgun and could
move away. L–DEO will not initiate a
ramp-up of the airguns if a marine
mammal is sighted within or near the
applicable EZs during the day or close
to the vessel at night.
NMFS carefully evaluated the
applicant’s proposed mitigation
measures and considered a range of
other measures in the context of
ensuring that NMFS prescribed the
means of effecting the least practicable
adverse impact on the affected marine
mammal species and stocks and their
habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another: (1) The manner in which, and
the degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals; (2) the proven or
likely efficacy of the specific measure to
minimize adverse impacts as planned;
and (3) the practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, NMFS
determined that the mitigation measures
provide the means of effecting the least
practicable adverse impacts on marine
mammals species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
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Monitoring and Reporting
In order to issue an ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking.’’ The MMPA implementing
regulations at 50 CFR 216.104(a)(13)
indicate that requests for IHAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the action
area.
Monitoring
L–DEO will sponsor marine mammal
monitoring during the present project,
in order to implement the mitigation
measures that require real-time
monitoring, and to satisfy the
monitoring requirements of the IHA. L–
DEO’s Monitoring Plan is described
below this section. L–DEO understands
that this monitoring plan will be subject
to review by NMFS, and that
refinements may be required. The
monitoring work described here has
been planned as a self-contained project
independent of any other related
monitoring projects that may be
occurring simultaneously in the same
regions. L–DEO is prepared to discuss
coordination of its monitoring program
with any related work that might be
done by other groups insofar as this is
practical and desirable.
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Vessel-Based Visual Monitoring
L–DEO will position PSVOs aboard
the seismic source vessel to watch for
marine mammals near the vessel during
daytime airgun operations and during
any start-ups at night. PSVOs will also
watch for marine mammals near the
seismic vessel for at least 30 min prior
to the start of airgun operations after an
extended shut down. PSVOs will
conduct observations during daytime
periods when the seismic system is not
operating for comparison of sighting
rates and behavior with and without
airgun operations and between
acquisition periods.
Based on PSVO observations, the
Langseth will power down or shut down
the airguns when marine mammals are
observed within or about to enter a
designated EZ. The EZ is a region in
which a possibility exists of adverse
effects on animal hearing or other
physical effects.
During seismic operations, at least
four PSVOs will be based aboard the
Langseth. L–DEO will appoint the
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PSVOs with NMFS’ concurrence.
During all daytime periods, two PSVOs
will be on duty from the observation
tower to monitor and PSVOs will be on
duty in shifts of duration no longer than
four hours. During mealtimes it is
sometimes difficult to have two PSVOs
on effort, but at least one PSVO will be
on watch during bathroom breaks and
mealtimes. Use of two simultaneous
observers increases the effectiveness of
detecting animals near the source
vessel.
L–DEO will also instruct other crew to
assist in detecting marine mammals and
implementing mitigation requirements
(if practical). Before the start of the
seismic survey, L–DEO will give the
crew additional instruction regarding
how to accomplish this task.
The Langseth is a suitable platform for
marine mammal observations. When
stationed on the observation platform,
the eye level will be approximately 21.5
m (70.5 ft) above sea level, and the
observer will have a good view around
the entire vessel. During daytime, the
PSVOs will scan the area around the
vessel systematically with reticle
binoculars (e.g., 7 × 50 Fujinon), Big-eye
binoculars (25 × 150), and with the
naked eye. During darkness, night
vision devices (NVDs) will be available
(ITT F500 Series Generation 3
binocular-image intensifier or
equivalent), when required. Laser rangefinding binoculars (Leica LRF 1200 laser
rangefinder or equivalent) will be
available to assist with distance
estimation. Those are useful in training
observers to estimate distances visually,
but are generally not useful in
measuring distances to animals directly;
that is done primarily with the reticles
in the binoculars.
Passive Acoustic Monitoring
Passive Acoustic Monitoring (PAM)
will complement the visual monitoring
program, when practicable. Visual
monitoring typically is not effective
during periods of poor visibility or at
night, and even with good visibility, is
unable to detect marine mammals when
they are below the surface or beyond
visual range.
Besides the four PSVOs, an additional
Protected Species Acoustic Observer
(PSAO) with primary responsibility for
PAM will also be aboard the vessel. L–
DEO can use acoustical monitoring in
addition to visual observations to
improve detection, identification, and
localization of cetaceans. The acoustic
monitoring will serve to alert visual
observers (if on duty) when vocalizing
cetaceans are detected. It is only useful
when marine mammals call, but it can
be effective either by day or by night,
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and does not depend on good visibility.
It will be monitored in real time so that
the visual observers can be advised
when cetaceans are detected. When
bearings (primary and mirror-image) to
calling cetacean(s) are determined, the
bearings will be relayed to the visual
observer to help him/her sight the
calling animal(s).
The PAM system consists of hardware
(i.e., hydrophones) and software. The
‘‘wet end’’ of the system consists of a
towed hydrophone array that is
connected to the vessel by a cable. The
tow cable is 250 m (820.2 ft) long, and
the hydrophones are fitted in the last 10
m (32.8 ft) of cable. A depth gauge is
attached to the free end of the cable, and
the cable is typically towed at depths
less than 20 m (65.6 ft). The array will
be deployed from a winch located on
the back deck. A deck cable will
connect the tow cable to the electronics
unit in the main computer lab where the
acoustic station, signal conditioning,
and processing system will be located.
The acoustic signals received by the
hydrophones are amplified, digitized,
and then processed by the Pamguard
software. The system can detect marine
mammal vocalizations at frequencies up
to 250 kHz.
The PSAO will monitor the towed
hydrophones 24 h per day during airgun
operations and during most periods
when the Langseth is underway while
the airguns are not operating. However,
PAM may not be possible if damage
occurs to both the primary and back-up
hydrophone arrays during operations.
The primary PAM streamer on the
Langseth is a digital hydrophone
streamer. Should the digital streamer
fail, back-up systems should include an
analog spare streamer and a hullmounted hydrophone. Every effort
would be made to have a working PAM
system during the cruise. In the unlikely
event that all three of these systems
were to fail, L–DEO would continue
science acquisition with the visualbased observer program. The PAM
system is a supplementary enhancement
to the visual monitoring program. If
weather conditions were to prevent the
use of PAM, then conditions would also
likely prevent the use of the airgun
array.
The PSAO will monitor the acoustic
detection system at any one time, by
listening to the signals from two
channels via headphones and/or
speakers and watching the real-time
spectrographic display for frequency
ranges produced by cetaceans. PSAOs
monitoring the acoustical data will be
on shift for one to six hours at a time.
Besides the PSAO, all PSVOs are
expected to rotate through the PAM
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jlentini on DSK4TPTVN1PROD with NOTICES
position, although the most experienced
with acoustics will be on PAM duty
more frequently.
When a vocalization is detected while
visual observations are in progress, the
PSAO on duty will contact the visual
PSVO immediately, to alert him/her to
the presence of cetaceans (if they have
not already been seen), and to allow a
power down or shut down to be
initiated, if required. The information
regarding the call will be entered into a
database. Data entry will include an
acoustic encounter identification
number, whether it was linked with a
visual sighting, date, time when first
and last heard and whenever any
additional information was recorded,
position and water depth when first
detected, bearing if determinable,
species or species group (e.g.,
unidentified dolphin, sperm whale),
types and nature of sounds heard (e.g.,
clicks, continuous, sporadic, whistles,
creaks, burst pulses, strength of signal,
etc.), and any other notable information.
The acoustic detection can also be
recorded for further analysis.
PSVO Data and Documentation
PSVOs will record data to estimate
the numbers of marine mammals
exposed to various received sound
levels and to document apparent
disturbance reactions or lack thereof.
Data will be used to estimate numbers
of animals potentially ‘taken’ by
harassment (as defined in the MMPA).
They will also provide information
needed to order a power down or shut
down of the airguns when a marine
mammal is within or near the EZ.
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
behavioral pace.
2. Time, location, heading, speed,
activity of the vessel, sea state,
visibility, 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.
All observations and power downs or
shut downs will be recorded in a
standardized format. Data will be
entered into an electronic database. The
accuracy of the data entry will be
verified by computerized data validity
checks as the data are entered and by
subsequent manual checking of the
database. These procedures will allow
initial summaries of data to be prepared
during and shortly after the field
program, and will facilitate transfer of
the data to statistical, graphical, and
other programs for further processing
and archiving.
Results from the vessel-based
observations will provide:
1. The basis for real-time mitigation
(airgun power down or shut down).
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 and turtles in the area where
the seismic study is conducted.
4. Information to compare the
distance and distribution of marine
mammals and turtles relative to the
source vessel at times with and without
seismic activity.
5. Data on the behavior and
movement patterns of marine mammals
seen at times with and without seismic
activity.
Reporting
L–DEO will submit a report to NMFS
and NSF within 90 days after the end of
the cruise. The report will describe the
operations that were conducted and
sightings of marine mammals and
turtles near the operations. The report
will provide full documentation of
methods, results, and interpretation
pertaining to all monitoring. The 90-day
report will summarize the dates and
locations of seismic operations, and all
marine mammal sightings (dates, times,
locations, activities, associated seismic
survey activities). The report will also
include estimates of the number and
nature of exposures that could result in
‘‘takes’’ of marine mammals by
harassment or in other ways.
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by the IHA (if issued), such
as an injury (Level A harassment),
serious injury or mortality (e.g., shipstrike, gear interaction, and/or
entanglement), L–DEO shall
immediately cease the specified
activities and immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and the Pacific
Islands Regional Stranding Coordinator
at (808) 944–2269
(David.Schofield@noaa.gov). The report
must include the following information:
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75533
• Time, date, and location (latitude/
longitude) of the incident;
• Name and type of vessel involved;
• Vessel’s speed during and leading
up to the incident;
• Description of the incident;
• Status of all sound source use in the
24 hours preceding the incident;
• Water depth;
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Description of all marine mammal
observations in the 24 hours preceding
the incident;
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
Activities will not resume until NMFS
is able to review the circumstances of
the prohibited take. NMFS will work
with L–DEO to determine what is
necessary to minimize the likelihood of
further prohibited take and ensure
MMPA compliance. L–DEO may not
resume their activities until notified by
NMFS via letter, email, or telephone.
In the event that L–DEO discovers an
injured or dead marine mammal, and
the lead PSVO determines that the cause
of the injury or death is unknown and
the death is relatively recent (i.e., in less
than a moderate state of decomposition
as described in the next paragraph), L–
DEO will immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and the Pacific
Islands Regional Stranding Coordinator
at (808) 944–2269
(David.Schofield@noaa.gov). The report
must include the same information
identified in the paragraph above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with L–DEO
to determine whether modifications in
the activities are appropriate.
In the event that L–DEO discovers an
injured or dead marine mammal, and
the lead PSVO determines that the
injury or death is not associated with or
related to the activities authorized in the
IHA (e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, or scavenger damage),
L–DEO will report the incident to the
Chief of the Permits and Conservation
Division, Office of Protected Resources,
NMFS, at (301) 427–8401 and/or by
email to Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and the Pacific
Islands Regional Stranding Coordinator
at (808) 944–2269
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Notices
(David.Schofield@noaa.gov), within 24
hours of the discovery. L–DEO will
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
jlentini on DSK4TPTVN1PROD with NOTICES
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].
Only take by Level B harassment is
authorized as a result of the marine
geophysical survey in the central Pacific
Ocean. Acoustic stimuli (i.e., increased
underwater sound) generated during the
operation of the seismic airgun array
may have the potential to cause marine
mammals in the survey area to be
exposed to sounds at or greater than 160
dB or cause temporary, short-term
changes in behavior. There is no
evidence that the planned activities
could result in injury, serious injury or
mortality within the specified
geographic area for which L–DEO seeks
the IHA. Take by injury, serious injury,
or mortality is thus neither anticipated
nor authorized. NMFS has determined
that the required mitigation and
monitoring measures will minimize any
potential risk for injury or mortality.
NMFS included an in-depth
discussion of the methods used to
calculate the densities of the marine
mammals in the area of the seismic
survey in a previous notice for the
proposed IHA (76 FR 57959, September
19, 2011). A summary is included here.
L–DEO’s estimates are based on a
consideration of the number of marine
mammals that could be disturbed
appreciably by operations with the 36airgun array to be used during
approximately 2,120 km (1,317.3 mi) of
survey lines in the central Pacific
Ocean. Density data on the marine
mammal species in the survey area were
available from two sources: (1) The
NMFS Southwest Fishery Science
Center (SWFSC) habitat model (Barlow
et al., 2009b); and (2) densities from the
offshore stratum of the surveys of
Hawaiian waters conducted in August–
November 2002 (Barlow, 2006). L–DEO
incorporated the models into a webbased Geographic Information System
(GIS) developed by Duke University’s
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Department of Defense Strategic
Environmental Research and
Development Program (SERDP) team in
close collaboration with the SWFSC
SERDP team (Read et al., 2009). For the
cetacean species in the model, L–DEO
used the GIS to obtain mean densities in
the survey area, (i.e., in a rectangle
bounded by 150 and 156 °W and 5 and
10 °N).
L–DEO’s estimates of exposures to
various sound levels assume that the
survey would be completed. As is
typical during offshore ship surveys,
inclement weather and equipment
malfunctions are likely to cause delays
and may limit the number of useful linekilometers of seismic operations that
can be undertaken. L–DEO has included
an additional 25 percent of line
transects to account for mission
uncertainty; accommodate turns and
lines that may need to be repeated; and
to follow a precautionary approach.
Furthermore, any marine mammal
sightings within or near the designated
exclusion zones will result in the power
down or shut down of seismic
operations as a mitigation measure.
Thus, the following estimates of the
numbers of marine mammals potentially
exposed to sound levels of 160 dB re: 1
mPa are precautionary and probably
overestimate the actual numbers of
marine mammals that might be
involved. These estimates also assume
that there will be no weather,
equipment, or mitigation delays, which
is highly unlikely.
L–DEO estimated the number of
different individuals that may be
exposed to airgun sounds with received
levels greater than or equal to 160 dB re:
1 mPa on one or more occasions by
considering the total marine area that
would be within the 160-dB radius
around the operating airgun array on at
least one occasion and the expected
density of marine mammals. The
number of possible exposures
(including repeated exposures of the
same individuals) can be estimated by
considering the total marine area that
would be within the 160-dB radius
around the operating airguns, including
areas of overlap. In the survey, the
seismic lines are parallel and in close
proximity; thus individuals could be
exposed on two or more occasions. The
area including overlap is 1.5 times the
area excluding overlap. Thus a marine
mammal that stayed in the survey area
during the entire survey could be
exposed two times, on average. Given
the pattern of the seismic lines, it is
unlikely that a particular animal would
stay in the area during the entire survey.
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The number of different individuals
potentially exposed to received levels
greater than or equal to 160 re: 1 mPa
was calculated by multiplying:
(1) The expected species density (in
this case, the mean estimate), times;
(2) The anticipated area to be
ensonified to that level during airgun
operations excluding overlap, which is
approximately 10,971 square kilometers
(km2) (4,235.9 square miles (mi2)).
The area expected to be ensonified
was determined by entering the planned
survey lines into a MapInfo GIS, using
the GIS to identify the relevant areas by
‘‘drawing’’ the applicable 160-dB buffer
(see Table 1) around each seismic line,
and then calculating the total area
within the buffers. Areas of overlap
were included only once when
estimating the number of individuals
exposed. Applying this approach,
approximately 13,714 km2 (5,295 mi2)
would be within the 160-dB isopleth on
one or more occasions during the
survey. Because this approach does not
allow for turnover in the mammal
populations in the study area during the
course of the survey, the actual number
of individuals exposed could be
underestimated. However, the approach
assumes that no cetaceans will move
away from or toward the trackline as the
Langseth approaches in response to
increasing sound levels prior to the time
the levels reach 160 dB, which will
result in overestimates for those species
known to avoid seismic vessels.
The total estimate of the number of
individual cetaceans that could be
exposed to seismic sounds with
received levels greater than or equal to
160 dB re: 1 mPa during the survey is
5,124 (see Table 2). That total includes:
eight Bryde’s whales or 0.6 percent of
the regional population; two blue
whales (endangered under the ESA) or
less than 0.01 percent of the regional
population); and 41 sperm whales (also
listed as endangered) or 2.97 percent of
the regional population could be
exposed during the survey. In addition,
110 beaked whales (91 Cuvier’s, six
Longman’s, 14 Longman’s beaked
whales, and five Mesoplodon spp.)
could be exposed during the survey.
Most (94.8 percent) of the cetaceans that
could be potentially exposed are
delphinids (e.g., spinner, pantropical
spotted, and striped dolphins are
estimated to be the most common
species in the area) with maximum
estimates ranging from five to 2,516
species exposed to levels greater than or
equal to 160 dB re:1 mPa.
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75535
TABLE 2—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO DIFFERENT SOUND LEVELS DURING L–DEO’S SEISMIC SURVEY IN THE CENTRAL PACIFIC OCEAN DURING NOVEMBER, 2011 THROUGH JANUARY,
2012
Estimated number
of individuals
exposed to
sound levels
≥160 dB re:
1 μPa 1
Species
Bryde’s whale ......................................................................................................
Blue whale ...........................................................................................................
Sperm whale ........................................................................................................
Dwarf sperm whale ..............................................................................................
Cuvier’s beaked whale ........................................................................................
Longman’s beaked whale ....................................................................................
Mesoplodon spp. 3 ...............................................................................................
Rough-toothed dolphin ........................................................................................
Bottlenose dolphin ...............................................................................................
Pantropical spotted dolphin .................................................................................
Spinner dolphin ....................................................................................................
Striped dolphin .....................................................................................................
Fraser’s dolphin ...................................................................................................
Risso’s dolphin .....................................................................................................
Melon-headed whale ...........................................................................................
False killer whale .................................................................................................
Killer whale ..........................................................................................................
Short-finned pilot whale .......................................................................................
Approximate
percent of
regional
population 2
8
0
41
105
91
6
5
17
68
1,651
2,516
226
61
11
18
1
2
69
0.06
<0.01
0.17
0.94
0.46
2.07
0.02
0.02
0.02
0.13
0.14
0.02
0.02
0.01
0.04
< 0.01
0.02
0.01
Authorized take
authorization
8
42
41
105
91
4 14
5
17
68
1,651
2,516
226
4 182
4 14
4 101
49
45
69
1 Estimates
are based on densities from Table 3 and an ensonified area (including 25 percent contingency) of 13,714 km2.
population size estimates are from Table 3 in L–DEO’s application.
3 Includes unidentified, ginkgo-toothed or Blainville’s beaked whales.
4 Requested take authorization increased to mean group size.
2 Regional
Encouraging and Coordinating
Research
L–DEO and NSF will coordinate the
planned marine mammal monitoring
program associated with the seismic
survey in the central Pacific Ocean with
other parties that may have interest in
the area and/or be conducting marine
mammal studies in the same region
during the seismic survey.
jlentini on DSK4TPTVN1PROD with NOTICES
Negligible Impact and Small Numbers
Analysis and Determination
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.’’ In making a
negligible impact determination, NMFS
considers:
(1) The number of anticipated
mortalities;
(2) The number and nature of
anticipated injuries;
(3) The number, nature, and intensity,
and duration of Level B harassment; and
(4) The context in which the takes
occur.
As mentioned previously, NMFS
estimates that 20 species of marine
mammals could be potentially affected
by Level B harassment over the course
of the IHA. NMFS anticipates impacts to
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marine mammals to be in the form of
Level B behavioral harassment only, due
to the brief duration and sporadic nature
of the survey. Certain species may have
a behavioral reaction (e.g., increased
swim speed, avoidance of the area, etc.)
to the sound emitted during the marine
seismic survey. Behavioral
modifications, including temporarily
vacating the area during the operation of
the airgun(s), may be made by these
species to avoid the resultant acoustic
disturbance. However, alternate areas
are available to these species.
The survey would not occur in any
areas designated as critical habitat for
ESA-listed species; will not adversely
impact marine mammal habitat; and
would not occur in known feeding
grounds, breeding grounds, or nursing
areas for these species.
For reasons stated previously in this
document and in the proposed notice of
an IHA (76 FR 57959, September 19,
2011), the specified activities associated
with the survey are not likely to cause
temporary threshold shift, permanent
threshold shift, or other non-auditory
injury, serious injury, or death to
affected marine mammals because:
(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;
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(2) The potential for temporary or
permanent hearing impairment is very
low and would likely be avoided
through the implementation of the
monitoring and mitigation measures;
(3) The fact that cetaceans would have
to be closer than 940 m (3,084 ft) in
deep water when the 36-airgun array is
in use at a 9 m (29.5 ft) tow depth from
the vessel to be exposed to levels of
sound believed to have even a minimal
chance of causing permanent threshold
shift;
(4) The fact that marine mammals
would have to be closer than 3,850 m
(2.4 mi) in deep water when the full
array is in use at a 9 m (29.5 ft) tow
depth from the vessel to be exposed to
levels of sound (160 dB) believed to
have even a minimal chance at causing
hearing impairment; and
(5) The likelihood that marine
mammal detection ability by trained
observers is high at that short distance
from the vessel.
Table 2 in this document outlines the
number of Level B harassment takes that
are anticipated as a result of the
activities. Of the marine mammal
species likely to occur in the survey
area, six are listed as endangered under
the ESA: the humpback, sei, fin, blue,
and sperm whale and the Hawaiian
monk seal. These species are also
considered depleted under the MMPA.
However, no take of endangered
humpback, sei, or fin whales was
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Notices
requested because of the low likelihood
of encountering these species during the
cruise. As mentioned previously, the
survey would not occur in any areas
designated as critical habitat for ESAlisted species and would not adversely
impact marine mammal habitat.
For the 20 species for which take was
requested, the requested take numbers
are small (each, less than two and onehalf percent) relative to the population
size. The population estimates for the
species that may potentially be taken as
a result of L–DEO’s seismic survey were
presented earlier in this document. For
reasons described earlier in this
document, the maximum calculated
number of individual marine mammals
for each species that could potentially
be taken by harassment is small relative
to the overall population sizes (0.06
percent for Bryde’s whales, less than
0.01 percent for the endangered blue
whale, 0.17 percent for the endangered
sperm whale, and less than 2.5 percent
of the other 15 mammal populations or
stocks).
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that L–DEO’s planned
research activities (and the resultant
total taking from the marine geophysical
survey): (1) Will result in the incidental
take of small numbers of marine
mammals, by Level B harassment only;
(2) will have a negligible impact on the
affected species or stocks; and (3) will
have mitigated impacts to affected
species or stocks of marine mammals to
the lowest level practicable.
jlentini on DSK4TPTVN1PROD with NOTICES
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act
Of the species of marine mammals
that may occur in the survey area, six
are listed as endangered under the ESA,
including the humpback, sei, fin, blue,
and sperm whales and the Hawaiian
monk seal. However, L–DEO only
requested Level B incidental harassment
of two listed species: the humpback and
sperm whales. L–DEO did not request
take of endangered humpback, sei, or
fin, whales because of the low
likelihood of encountering these species
during the cruise. Under section 7 of the
ESA, NSF had initiated formal
consultation with the NMFS, Office of
Protected Resources, Endangered
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17:03 Dec 01, 2011
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Species Act Interagency Cooperation
Division, on this seismic survey.
Because the actions of conducting the
seismic survey and issuing the IHA are
interrelated, NMFS’ Office of Protected
Resources, Permits and Conservation
Division, had initiated formal
consultation under section 7 of the ESA
with NMFS’ Office of Protected
Resources, Endangered Species Act
Interagency Cooperation Division, to
obtain a BiOp evaluating the effects of
issuing the IHA on threatened and
endangered marine mammals and, if
appropriate, authorizing incidental take.
November, 2011 NMFS issued a BiOp
and concluded that the action and
issuance of the IHA are not likely to
jeopardize the continued existence of
the humpback and sperm whales. The
BiOp also concluded that designated
critical habitat for these species does not
occur in the survey area and would not
be affected by the survey. L–DEO must
also comply with the Relevant Terms
and Conditions of the Incidental Take
Statement (ITS) corresponding to
NMFS’ Biological Opinion issued to
both NSF and NMFS’ Office of Protected
Resources. L–DEO must also comply
with the mitigation and monitoring
requirements included in the IHA in
order to be exempt under the ITS in the
BiOp from the prohibition on take of
listed endangered marine mammal
species otherwise prohibited by Section
9 of the ESA.
National Environmental Policy Act
(NEPA)
To meet NMFS’ NEPA requirements
for the issuance of an IHA to L–DEO,
NMFS has prepared an Environmental
Assessment (EA) titled ‘‘Issuance of an
Incidental Harassment Authorization to
the Lamont-Doherty Earth Observatory
to Take Marine Mammals by
Harassment Incidental to a Marine
Geophysical Survey in the Central
Pacific Ocean, November, 2011 through
January, 2012.’’ This EA incorporates
the NSF’s Environmental Analysis
Pursuant to Executive Order 12114
(NSF, 2010) and an associated report
(Report) prepared by LGL Limited
Environmental Research Associates
(LGL) for NSF, titled, ‘‘Environmental
Assessment of a Marine Geophysical
Survey by the R/V Marcus G. Langseth
in the Central Pacific Ocean, November–
December 2011,’’ by reference pursuant
to 40 CFR 1502.21 and NOAA
Administrative Order (NAO) 216–6
§ 5.09(d). NMFS provided relevant
environmental information to the public
through the notice for the proposed IHA
(76 FR 57959, September 19, 2011) and
has considered public comments
received in response prior to finalizing
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Fmt 4703
Sfmt 4703
its EA and deciding whether or not to
issue a Finding of No Significant Impact
(FONSI).
NMFS has concluded that issuance of
an IHA would not significantly affect
the quality of the human environment
and has issued a FONSI. Because the
NMFS has made a FONSI, it is not
necessary to prepare an environmental
impact statement for the issuance of an
IHA to L–DEO for this activity. The EA
and FONSI for this activity are available
upon request (see ADDRESSES).
Authorization
As a result of these determinations,
NMFS has issued an IHA to L–DEO for
the take of small numbers of marine
mammals, by Level B harassment,
incidental to conducting a marine
geophysical survey in the central Pacific
Ocean, November 2011 through January
2012, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: November 28, 2011.
Angela Somma,
Acting Office Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–31056 Filed 12–1–11; 8:45 am]
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Procurement List; Proposed Addition
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed Addition to the
Procurement List.
AGENCY:
The Committee is proposing
to add a service to the Procurement List
that will be provided by a nonprofit
agency employing persons who are
blind or have other severe disabilities.
Comments Must Be Received on or
Before: 1/2/2012.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
SUMMARY:
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Patricia Briscoe,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or email
CMTEFedReg@AbilityOne.gov.
This
notice is published pursuant to 41 U.S.C
47(a)(2) and 41 CFR 51–2.3. Its purpose
is to provide interested persons an
opportunity to submit comments on the
proposed actions.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02DEN1.SGM
02DEN1
Agencies
[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75525-75536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31056]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA808
Takes of Marine Mammals Incidental to Specified Activities;
Marine Geophysical Survey in the Central Pacific Ocean, November, 2011
Through January, 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulation, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth
Observatory (L-DEO), a part of Columbia University, for an Incidental
Harassment Authorization (IHA) to take marine mammals, by harassment,
incidental to conducting a marine geophysical survey in the central
Pacific Ocean, November, 2011 through January, 2012.
DATES: Effective November 26, 2011 through January 19, 2012.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits and Conservation Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225.
An electronic copy of the application containing a list of the
references used in this document may be obtained by writing to the
above address, telephoning the contact listed here (see FOR FURTHER
INFORMATION CONTACT) or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
The following associated documents are also available at the same
Internet address: the National Science Foundation's (NSF) final
Environmental Analysis (Analysis) pursuant to Executive Order 12114,
which incorporates an ``Environmental Assessment of a Marine
Geophysical Survey by the R/V Marcus G. Langseth in the Central Pacific
Ocean, November-December 2011,'' prepared by LGL Limited, on behalf of
NSF and L-DEO; and a finding of no significant impact (FONSI) prepared
by the NSF. NMFS prepared its own EA and FONSI, which is available at
the same Internet address. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
The NMFS Biological Opinion will be available online at: https://www.nmfs.noaa.gov/pr/consultation/opinions.htm.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protect Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of
Commerce to authorize, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals of a species or
population stock, by United States citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region if certain findings are made and, if the taking is
limited to harassment, a notice of a proposed authorization is provided
to the public for review.
Authorization for the incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and requirements
[[Page 75526]]
pertaining to the mitigation, monitoring and reporting of such takings.
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.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization. NMFS must publish a notice in the Federal Register
within 30 days of its determination to issue or deny the authorization.
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].
Summary of Request
NMFS received an application on June 17, 2011, from L-DEO for the
taking by harassment, of marine mammals, incidental to conducting a
marine geophysical survey in the central tropical Pacific Ocean in
international waters. L-DEO, with research funding from the U.S.
National Science Foundation (NSF), plans to conduct the survey from
November 26, 2011, through December 29, 2011. Upon receipt of
additional information, NMFS determined the application complete and
adequate on August 26, 2011. NMFS made the complete application
available for public comment (see ADDRESSES) for this IHA.
L-DEO plans to use one source vessel, the R/V Marcus G. Langseth
(Langseth) and a seismic airgun array to image the structure of the
oceanic lithosphere (i.e., the Earth's crust and the uppermost mantle)
in the Central Pacific using three-dimensional (3-D) seismic reflection
techniques. The Langseth would deploy a single hydrophone streamer and
approximately 34 short-period Ocean Bottom Seismometers (OBS) to
collect geophysical data. After completion of the seismic survey, the
Langseth will recover the 34 seismometers and deploy 27 broad-band OBSs
and five magneto-telluric instruments on the seafloor. These
instruments will remain on the seafloor for 12 months and the
scientists will recover these instruments in 2012.
In addition to the operations of the seismic airgun array, L-DEO
intends to operate a multibeam echosounder (MBES) and a sub-bottom
profiler (SBP) continuously throughout the survey.
Acoustic stimuli (i.e., increased underwater sound) generated
during the operation of the seismic airgun array, may have the
potential to cause a short-term behavioral disturbance for marine
mammals in the survey area. This is the principal means of marine
mammal taking associated with these activities and L-DEO has requested
an authorization to take 20 species of marine mammals by Level B
harassment. Take is not expected to result from the use of the MBES,
the SBP, the OBSs, or the magneto-telluric instruments for reasons
discussed in this notice. Also, NMFS does not expect take to result
from collision with the Langseth because it is a single vessel moving
at relatively slow speeds during seismic acquisition within the survey,
for a relatively short period of time. It is likely that any marine
mammal would be able to avoid the vessel.
Description of the Specified Activity
L-DEO's seismic survey is scheduled to commence on November 26,
2011, and continue for approximately 35 days ending on December 29,
2011. Some minor deviation from these dates is possible, depending on
logistics, weather conditions, and the need to repeat some lines if
data quality is substandard. Therefore, NMFS proposes to issue an
authorization that extends to January 19, 2012.
Within this time period, the Langseth will conduct seismic
operations deploying a 36-airgun array, a 6-kilometer (km) hydrophone
streamer, and 34 OBSs. The Langseth will depart from Honolulu, Hawai'i
on November 26, 2011 and transit to the survey area in the central
Pacific Ocean, approximately 1,300 km (808 mi) south of Hawai'i.
Geophysical survey activities will involve 3-D seismic
methodologies to define the detailed structure of the oceanic
lithosphere and to develop a comprehensive theory on its formation and
evolution. To obtain 3-D images of the lithosphere in the survey area,
the Langseth will deploy a 36-airgun array as an energy source. The
receiving system consists of one 6-km-long hydrophone streamer and
approximately 34 OBSs. As the airgun array is towed along the survey
lines, the hydrophone streamers will receive the returning acoustic
signals and transfer the data to the on-board processing system. The
OBSs will receive the returning acoustic signals and record them
internally for later analysis after retrieval from the seafloor.
The study (e.g., equipment testing, startup, line changes, repeat
coverage of any areas, and equipment recovery) will take place in water
depths of approximately 5,000 meters (m) (3.1 mi). The survey will
require approximately 11 days (d) to complete approximately 2,120 km
(1,317.3 mi) of transect lines. The Langseth will shoot a 600-km-long
transect line twice; once using the hydrophone streamer as the receiver
and once again using the OBSs. Subsequent seismic operations will occur
along two semi-circular arcs (180 degrees) centered at the mid-point of
the 600-km-long transect line with radii of 50 and 150 km,
respectively. The Langseth will conduct additional seismic operations
in the survey area associated with turns, airgun testing, and repeat
coverage of any areas where the initial data quality is sub-standard.
Data acquisition will include approximately 264 hours (hr) of airgun
operation (11 d x 24 hr).
The scientific team for this survey consists of Drs. J.B. Gaherty
(L-DEO); D. Lizarralde, J.A. Collins, and R. Evans (Woods Hole
Oceanographic Institution); and G. Hirth (Brown University).
NMFS expects that acoustic stimuli resulting from the operation of
the single airgun or the 36-airgun array has the potential to harass
marine mammals, incidental to the conduct of the seismic survey. NMFS
expects these disturbances to be temporary and result in a temporary
modification in behavior and/or low-level physiological effects (Level
B harassment only) of small numbers of certain species of marine
mammals. NMFS does not expect that the movement of the Langseth, during
the conduct of the seismic survey, has the potential to harass marine
mammals because of the relatively slow operation speed of the vessel
(4.6 kts; 8.5 km/hr; 5.3 mph) during seismic acquisition.
NMFS outlined the purpose of the program in a previous notice for
the proposed IHA (76 FR 57959, September 19, 2011). The activities to
be conducted have not changed between the proposed IHA notice and this
final notice
[[Page 75527]]
announcing the issuance of the IHA. For a more detailed description of
the authorized action, including vessel and acoustic source
specifications, the reader should refer to the proposed IHA notice (76
FR 57959, September 19, 2011), the application and associated documents
referenced above this section.
Description of the Specified Geographic Region
The survey will encompass the area bounded by 7-12[deg] N and 148-
142[deg] W in international waters in the central Pacific Ocean (see
Figure 1 in L-DEO's application). Water depth in the survey area is
approximately 5,000 m (3.1 mi).
Comments and Responses
A notice of receipt of the L-DEO application and proposed IHA was
published in the Federal Register on September 19, 2011 (76 FR 57959).
During the 30-day public comment period, NMFS received comments from
the Marine Mammal Commission (Commission) only. The Commission's
comments are online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Following are their comments and NMFS' responses.
Comment 1: The Commission recommends that the NMFS require L-DEO to
re-estimate the proposed exclusion (EZs) and buffer zones and
associated takes of marine mammals using site-specific information.
Response: The Langseth will conduct the survey in water depths
where site-specific source signature requirements are neither warranted
nor practical. Site signature measurements are normally conducted
commercially by shooting a test pattern over an ocean bottom instrument
in shallow water. This method is neither practical nor valid in water
depths as great as 3,000 m (9,842.5 ft). The alternative method of
conducting site-specific attenuation measurements would require a
second vessel, which is impractical both logistically and financially.
Sound propagation varies noticeably less between deep water sites than
between shallow water sites (because of the reduced significance of
bottom interaction), thus decreasing the importance of site-specific
estimates.
Based on these reasons, and the information provided by USGS in
their application and environmental analysis, NMFS is satisfied that
the data supplied are sufficient for NMFS to conduct its analysis and
make any determinations and therefore no further effort is needed by
the applicant. While exposures of marine mammals to acoustic stimuli
are difficult to estimate, NMFS is confident that the levels of take
provided by L-DEO in their IHA application and EA, and authorized
herein are estimated based upon the best available scientific
information and estimation methodology. The 160 dB zone used to
estimate exposure is appropriate and sufficient for purposes of
supporting NMFS's analysis and determinations required under section
101(a)(5)(D) of the MMPA and its implementing regulations. See NMFS's
response to Comment 2 (below) for additional details.
Comment 2: The Commission recommends that NMFS require L-DEO, if
the exclusion zones (EZ) and buffer zones and takes are not re-
estimated, to provide a detailed justification: (1) For basing the EZs
and buffer zones for the proposed survey in the central Pacific Ocean
on empirical data collected in the Gulf of Mexico (GOM) or on modeling
that relies on measurements from the GOM; and (2) that explains why
simple ratios were used to adjust for tow depth and median values were
applied to intermediate water depths rather than using empirical
measurements.
Response: Appendix A in the environmental analysis includes
information from the calibration study conducted on the Langseth in
2007 and 2008. This information is now available in the final
environmental assessment on NSF's Web site at https://www.nsf.gov/geo/oce/envcomp/index.jsp. The revised Appendix A describes the modeling
process and compares the model results with empirical results of the
2007 to 2008 Langseth calibration experiment in shallow, intermediate,
and deep water. The conclusions identified in Appendix A show that the
model represents the actual produced levels, particularly within the
first few kilometers, where the predicted exclusion zones (EZs, i.e.,
safety radii) lie. At greater distances, local oceanographic variations
begin to take effect, and the model tends to over predict. Further,
since the modeling matches the observed measurement data, the authors
have concluded that the models can continue to be used for defining
EZs, including for predicting mitigation radii for various tow depths.
The data results from the studies were peer reviewed and the
calibration results, viewed as conservative, were used to determine the
cruise-specific EZs.
At present, the L-DEO model does not account for site-specific
environmental conditions. The calibration study of the L-DEO model
predicted that using site-specific information may actually provide
less conservative EZ radii at greater distances. The Draft Programmatic
Environmental Impact Statement for Marine Seismic Research Funded by
the National Science Foundation or Conducted by the U.S. Geological
Survey (DPEIS) prepared pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) did incorporate various site-
specific environmental conditions in the modeling of the Detailed
Analysis Areas.
The IHA issued to L-DEO, under section 101(a)(5)(D) of the MMPA
provides monitoring and mitigation requirements that will protect
marine mammals from injury, serious injury, or mortality. USGS is
required to comply with the IHA's requirements. These analyses are
supported by extensive scientific research and data. NMFS is confident
in the peer-reviewed results of the L-DEO seismic calibration studies
which, although viewed as conservative, are used to determine cruise-
specific EZs and which factor into exposure estimates. NMFS has
determined that these reviews are the best scientific data available
for review of the IHA application and to support the necessary analyses
and determinations under the MMPA, Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) and NEPA.
Based on NMFS's analysis of the likely effects of the specified
activity on marine mammals and their habitat, NMFS has determined that
the EZs identified in the IHA are appropriate for the survey and that
additional field measurement is not necessary at this time. While
exposures of marine mammals to acoustic stimuli are difficult to
estimate, NMFS is confident that the levels of take authorized have
been estimated based upon the best available scientific information and
estimation methodology. The 160-dB zone used to estimate exposure is
appropriate and sufficient for purposes of supporting NMFS's analysis
and determinations required under section 101(a)(5)(D) of the MMPA and
its implementing regulations.
Comment 3: The Commission recommends that NMFS require that L-DEO
use species-specific maximum densities rather than best densities to
re-estimate the anticipated number of takes.
Response: For purposes of this IHA, NMFS is using the best (i.e.,
average or mean) densities to estimate the number of authorized takes
for L-DEO's seismic survey in the central Pacific Ocean as NMFS is
confident in the assumptions and calculations used to estimate density
for this survey area. NMFS makes decisions on whether to use maximum or
best densities on a case-by-case basis, depending on the nature and
[[Page 75528]]
robustness of existing data. Contrary to the Commission's comment in
their October 19, 2011 letter to NMFS on the proposed IHA, NMFS has
used best densities to estimate the number of incidental takes in IHAs
for several seismic surveys in the past. The results of the associated
monitoring reports show that the use of the best estimates is
appropriate for and does not refute NMFS's determinations.
Comment 4: The Commission recommends that if NMFS is planning to
allow the applicant to resume full power after eight minutes (min)
under certain circumstances, specify in the authorization in all
conditions under which an eight min period could be followed by a full-
power resumption of the airguns.
Response: The IHA specifies the conditions under which the Langseth
will resume full-power operations of the airguns. During periods of
active seismic operations, there are occasions when the airguns need to
be temporarily shut-down (for example due to equipment failure,
maintenance, or shut-down) or a power-down is necessary (for example
when a marine mammal is seen to either enter or about to enter the EZ).
In these instances, should the airguns be inactive or powered-down for
more than eight min, then L-DEO would follow the ramp-up procedures
identified in the Mitigation section (see below) where airguns will be
re-started beginning with the smallest airgun in the array and increase
in steps not to exceed 6 dB per 5 min over a total duration of
approximately 30 min. NMFS and NSF believe that the eight min period in
question is an appropriate minimum amount of time to pass after which a
ramp-up process should be followed. In these instances, should it be
possible for the airguns to be re-activated without exceeding the eight
min period (for example equipment is fixed or a marine mammal is
visually observed to have left the EZ for the full source level), then
the airguns would be reactivated to the full operating source level
identified for the survey (in this case, 6,600 in \3\) without need for
initiating ramp-up procedures. In the event a marine mammal enters the
EZ and a power-down is initiated, and the marine mammal is not visually
observed to have left the EZ, then L-DEO must wait 15 min (for species
with shorter dive durations--small odontocetes and pinnipeds) or 30 min
(for species with longer dive durations--mysticetes and large
odontocetes) after the last sighting before initiating a 30-min ramp-
up. However, ramp-up will not occur as long as a marine mammal is
detected within the EZ, which provides more time for animals to leave
the EZ, and accounts for the position, swim speed, and heading of
marine mammals within the EZ.
Comment 5: The Commission recommends that NMFS extend the 30 min
period following a marine mammal sighting in the EZ to cover the full
dive times of all species likely to be encountered.
Response: NMFS recognizes that several species of deep-diving
cetaceans are capable of remaining underwater for more than 30 min
(e.g., sperm whales and several types of beaked whales); however, for
the following reasons NMFS believes that 30 min is an adequate length
of the monitoring period prior to the ramp-up of airguns:
(1) Because the Langseth is required to monitor before ramp-up of
the airgun array, the time of monitoring prior to the start-up of any
but the smallest array is effectively longer than 30 min (ramp-up will
begin with the smallest airgun in the array and airguns will be added
in sequence such that the source level of the array will increase in
steps not exceeding approximately 6 dB per 5-min period over a total
duration of 20 to 30 min;
(2) In many cases PSVOs are observing during times when L-DEO is
not operating the seismic airguns and would observe the area prior to
the 30 min observation period;
(3) The majority of the species that may be exposed do not stay
underwater more than 30 min; and
(4) All else being equal and if deep-diving individuals happened to
be in the area in the short time immediately prior to the pre-ramp up
monitoring, if an animal's maximum underwater dive time is 45 min, then
there is only a one in three chance that the last random surfacing
would occur prior to the beginning of the required 30 min monitoring
period and that the animal would not be seen during that 30 min period.
Finally, seismic vessels are moving continuously (because of the
long, towed array and streamer) and NMFS believes that unless the
animal submerges and follows at the speed of the vessel (highly
unlikely, especially when considering that a significant part of their
movement is vertical [deep-diving]), the vessel will be far beyond the
length of the EZ within 30 min, and therefore it will be safe to start
the airguns again.
Under the MMPA, incidental take authorizations must include means
of effecting the least practicable adverse impact on marine mammal
species and their habitat. Monitoring and mitigation measures are
designed to comply with this requirement. NMFS believes that the
framework for visual monitoring will: (1) Be effective at spotting
almost all species for which take is requested; and (2) that imposing
additional requirements, such as those suggested by the Commission,
would not meaningfully increase the effectiveness of observing marine
mammals approaching or entering the EZs and thus further minimize the
potential for take.
Comment 6: The Commission recommends that NMFS, prior to granting
the requested authorization, provide additional justification for its
preliminary determination that the proposed monitoring program will be
sufficient to detect, with a high level of confidence, all marine
mammals within or entering the identified EZs and buffer zones,
including:
(1) Identifying those species that it believes can be detected with
a high degree of confidence using visual monitoring only;
(2) Describing detection probability as a function of distance from
the vessel;
(3) Describing changes in detection probability under various sea
state and weather conditions and light levels; and
(4) Explaining how close to the vessel marine mammals must be for
Protected Species Observers (PSOs) to achieve high nighttime detection
rates.
Response: NMFS believes that the planned monitoring program will be
sufficient to detect (using visual monitoring and passive acoustic
monitoring (PAM)), with reasonable certainty, marine mammals within or
entering identified EZs. This monitoring, along with the required
mitigation measures, will result in the least practicable adverse
impact on the affected species or stocks and will result in a
negligible impact on the affected species or stocks of marine mammals.
Also, NMFS expects some animals to avoid areas around the airgun array
ensonified at the level of the EZ.
NMFS acknowledges that the detection probability for certain
species of marine mammals varies depending on animal's size and
behavior as well as sea state and weather conditions and light levels.
The detectability of marine mammals likely decreases in low light
(i.e., darkness), higher Beaufort sea states and wind conditions, and
poor weather (e.g., fog and/or rain). However, at present, NMFS views
the combination of visual monitoring and PAM as the most effective
monitoring and mitigation techniques available for detecting marine
mammals within or entering the EZ. The final monitoring and mitigation
measures are the most effective feasible measures and NMFS is
[[Page 75529]]
not aware of any additional measures which could meaningfully increase
the likelihood of detecting marine mammals in and around the EZ.
Further, public comment has not revealed any additional monitoring or
mitigation measures that could be feasibly implemented to increase the
effectiveness of detection.
NSF and L-DEO are receptive to incorporating proven technologies
and techniques to enhance the current monitoring and mitigation
program. Until proven technological advances are made, nighttime
mitigation measures during operations include combinations of the use
of PSVOs for ramp-ups, PAM, night vision devices (NVDs), and continuous
shooting of a mitigation airgun. Should the airgun array be powered-
down, the operation of a single airgun would continue to serve as a
sound source deterrent to marine mammals. In the event of a complete
shut-down of the airgun array at night for mitigation or repairs, L-DEO
suspends the data collection until one-half hour after nautical
twilight-dawn (when PSVO's are able to clear the EZ). L-DEO will not
activate the airguns until the entire EZ is visible for at least 30
min.
In cooperation with NMFS, L-DEO will be conducting efficacy
experiments of NVDs during a future Langseth cruise. In addition, in
response to a recommendation from NMFS, L-DEO is evaluating the use of
handheld forward-looking thermal imaging cameras to supplement
nighttime monitoring and mitigation practices. During other low power
seismic and seafloor mapping surveys, L-DEO successfully used these
devices while conducting nighttime seismic operations.
Comment 7: The Commission recommends that NMFS consult with the
funding agency (i.e., NSF) and individual applicants (e.g., L-DEO and
U.S. Geological Survey (USGS)) to develop, validate, and implement a
monitoring program that provides a scientifically sound, reasonably
accurate assessment of the types of marine mammal taking and number of
marine mammals taken.
Response: Numerous studies have reported on the abundance and
distribution of marine mammals inhabiting the central and eastern
tropical Pacific Ocean, which overlaps with the seismic survey area,
and L-DEO has incorporated this data into their analyses used to
predict marine mammal take in their application. NMFS believes that L-
DEO's current approach for estimating abundance in the survey area
(prior to the survey) is the best available approach.
There will be significant amounts of transit time during the
cruise, and PSVOs will be on watch prior to and after the seismic
portions of the survey, in addition to during the survey. The
collection of this visual observational data by PSVOs may contribute to
baseline data on marine mammals (presence/absence) and provide some
generalized support for estimated take numbers, but it is unlikely that
the information gathered from this single cruise alone would result in
any statistically robust conclusions for any particular species because
of the small number of animals typically observed.
NMFS acknowledges the Commission's recommendations and is open to
further coordination with the Commission, NSF (the vessel owner), and
L-DEO (the ship operator on behalf of NSF), to develop, validate, and
implement a monitoring program that will provide or contribute towards
a more scientifically sound and reasonably accurate assessment of the
types of marine mammal taking and the number of marine mammals taken.
However, the cruise's primary focus is marine geophysical research and
the survey may be operationally limited due to considerations such as
location, time, fuel, services, and other resources.
Comment 8: The Commission recommends that NMFS require the
applicant to:
(1) Report on the number of marine mammals that were detected
acoustically and for which a power-down or shut-down of the airguns was
initiated;
(2) Specify if such animals also were detected visually; and
(3) Compare the results from the two monitoring methods (visual
versus acoustic) to help identify their respective strengths and
weaknesses.
Response: The IHA requires that PSAOs on the Langseth do and record
the following when a marine mammal is detected by the PAM:
(i) Notify the on-duty PSVO(s) immediately of a vocalizing marine
mammal so a power-down or shut-down can be initiated, if required;
(ii) Enter the information regarding the vocalization into a
database. The data to be entered include an acoustic encounter
identification number, whether it was linked with a visual sighting,
date, time when first and last heard and whenever any additional
information was recorded, position, and water depth when first
detected, bearing if determinable, species or species group (e.g.,
unidentified dolphin, sperm whale), types and nature of sounds heard
(e.g., clicks, continuous, sporadic, whistles, creaks, burst pulses,
strength of signal, etc.), and any other notable information.
L-DEO reports on the number of acoustic detections made by the PAM
system within the post-cruise monitoring reports as required by the
IHA. The report also includes a description of any acoustic detections
that were concurrent with visual sightings, which allows for a
comparison of acoustic and visual detection methods for each cruise.
The post-cruise monitoring reports also include the following
information: the total operational effort in daylight (hrs), the total
operational effort at night (hrs), the total number of hours of visual
observations conducted, the total number of sightings, and the total
number of hours of acoustic detections conducted.
LGL Ltd., Environmental Research Associates (LGL), a contractor for
L-DEO, has processed sighting and density data, and their publications
can be viewed online at: https://www.lgl.com/index.php?option=com_content&view=article&id=69&Itemid=162&lang=en. Post-cruise monitoring
reports are currently available on the NMFS's MMPA Incidental Take
Program Web site on the NSF Web site (https://www.nsf.gov/geo/oce/envcomp/index.jsp) should there be interest in further analysis of this
data by the public.
Comment 9: The Commission recommends that NMFS condition the
authorization to require the L-DEO to monitor, document, and report
observations during all ramp-up procedures.
Response: The IHA requires that PSVOs on the Langseth make
observations for 30 min prior to ramp-up, during all ramp-ups, and
during all daytime seismic operations and record the following
information when a marine mammal is sighted:
(i) 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 of the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc., and including responses to ramp-up), and
behavioral pace; and
(ii) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state of ramp-up
or power-down), Beaufort wind force and sea state, visibility, and sun
glare.
Comment 10: The Commission recommends that NMFS work with NSF to
analyze these monitoring data to help determine the effectiveness of
ramp-up
[[Page 75530]]
procedures as a mitigation measure for geophysical surveys after the
data are compiled and quality control measures have been completed.
Response: One of the primary purposes of monitoring is to result in
``increased knowledge of the species'' and the effectiveness of
monitoring and mitigation measures; the effectiveness of ramp-up as a
mitigation measure and marine mammal reaction to ramp-up would be
useful information in this regard. NMFS has asked NSF and L-DEO to
gather all data that could potentially provide information regarding
the effectiveness of ramp-ups as a mitigation measure. However,
considering the low numbers of marine mammal sightings and low numbers
of ramp-ups, it is unlikely that the information will result in any
statistically robust conclusions for this particular seismic survey.
Over the long term, these requirements may provide information
regarding the effectiveness of ramp-up as a mitigation measure,
provided animals are detected during ramp-up.
Description of the Marine Mammals in the Area of the Specified Activity
Twenty-six marine mammal species may occur in the survey area,
including 19 odontocetes (toothed cetaceans), 6 mysticetes (baleen
whales) and one species of pinniped during November through January.
Six of these species are listed as endangered under the ESA, including
the humpback (Megaptera novaeangliae), sei (Balaenoptera borealis), fin
(Balaenoptera physalus), blue (Balaenoptera musculus), and sperm
(Physeter macrocephalus) whale and the Hawaiian monk seal (Monachus
schauinslandi).
Based on available data, it is unlikely that six out of the 26
marine mammal species would occur in the survey area, including the:
Humpback, minke (Balaenoptera acutorostrata), fin, pygmy killer (Feresa
attenuata), pygmy sperm (Kogia breviceps), or sei whale and the
Hawaiian monk seal. Hawaiian monk seals have the potential to transit
in the vicinity of the seismic survey, although any occurrence would be
rare as they are vagrants to the area. Based on available data, L-DEO
does not expect to encounter Hawaiian monk seals within the survey area
and does not present analysis for these species. Accordingly, NMFS did
not consider this pinniped species in greater detail. The species of
marine mammals expected to be most common in the survey area (all
delphinids) include the pantropical spotted dolphin (Stenella
attenuata) and spinner dolphin (Stenella longirostris).
NMFS has presented a more detailed discussion of the status of
these stocks and their occurrence in the central Pacific Ocean in the
notice of the proposed IHA (76 FR 57959, September 19, 2011).
Potential Effects on Marine Mammals
Acoustic stimuli generated by the operation of the airguns, which
introduce sound into the marine environment, may have the potential to
cause Level B harassment of marine mammals in the survey area. The
effects of sounds from airgun operations might include one or more of
the following: Tolerance, masking of natural sounds, behavioral
disturbance, temporary or permanent impairment, or non-auditory
physical or physiological effects (Richardson et al., 1995; Gordon et
al., 2004; Nowacek et al., 2007; Southall et al., 2007).
Permanent hearing impairment, in the unlikely event that it
occurred, would constitute injury, but temporary threshold shift (TTS)
is not an injury (Southall et al., 2007). Although the possibility
cannot be entirely excluded, it is unlikely that the project would
result in any cases of temporary or permanent hearing impairment, or
any significant non-auditory physical or physiological effects. Based
on the available data and studies described here, some behavioral
disturbance is expected, but NMFS expects the disturbance to be
localized and short-term.
The notice of the proposed IHA (76 FR 57959, September 19, 2011)
included a discussion of the effects of sounds from airguns on
mysticetes and odontocetes including tolerance, masking, behavioral
disturbance, hearing impairment, and other non-auditory physical
effects. NMFS refers the reader to L-DEO's application, environmental
analysis and NMFS' EA for additional information on the behavioral
reactions (or lack thereof) by all types of marine mammals to seismic
vessels.
Anticipated Effects on Marine Mammal Habitat
NMFS included a detailed discussion of the potential effects of
this action on marine mammal habitat, including physiological and
behavioral effects on marine fish and invertebrates in the notice of
the proposed IHA (76 FR 57959, September 19, 2011). While NMFS
anticipates that the specified activity may result in marine mammals
avoiding certain areas due to temporary ensonification, this impact to
habitat is temporary and reversible which NMFS considered in further
detail in the notice of the proposed IHA (76 FR 57959, September 19,
2011) as behavioral modification. The main impact associated with the
activity would be temporarily elevated noise levels and the associated
direct effects on marine mammals.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
L-DEO has based the mitigation measures described herein, to be
implemented for the seismic survey, on the following:
(1) Protocols used during previous L-DEO seismic research cruises
as approved by NMFS;
(2) Previous IHA applications and IHAs approved and authorized by
NMFS; and
(3) Recommended best practices in Richardson et al. (1995), Pierson
et al. (1998), and Weir and Dolman, (2007).
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, L-DEO and/or its designees would
implement the following mitigation measures for marine mammals:
(1) Proposed exclusion zones (EZ);
(2) Power-down procedures;
(3) Shutdown procedures; and
(4) Ramp-up procedures.
Exclusion Zones--L-DEO uses safety radii to designate EZs and to
estimate take for marine mammals. Table 1 shows the distances at which
two sound levels (160- and 180-dB) are expected to be received from the
36-airgun array and a single airgun. The 180-dB level shut-down
criterion is applicable to cetaceans, as specified by NMFS (2000); and
L-DEO used these levels to establish the EZs. If the protected species
visual observer (PSVO) detects marine mammal(s) within or about to
enter the appropriate EZ, the Langseth crew will immediately power down
the airgun array, or perform a shut down if necessary (see Shut-down
Procedures).
Table 1 summarizes the predicted distances at which sound levels
(160- and 180-dB) are expected to be received from the 36-airgun array
and a single airgun operating in deep water.
[[Page 75531]]
Table 1--Measured (Array) or Predicted (Single Airgun) Distances to Which Sound Levels Greater Than or Equal to
160 and 180 dB re: 1 [mu]Parms That Could Be Received in Deep Water Using a 36-Airgun Array, as Well as a Single
Airgun Towed at a Depth of 9 m (29.5 ft) During the Survey in the Central Pacific Ocean, During November, 2011-
January, 2012
[Distances are based on model results provided by L-DEO]
----------------------------------------------------------------------------------------------------------------
Predicted RMS distances (m)
Source and volume Water depth -------------------------------
160 dB 180 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun (40 in\3\)................. Deep (> 1,000 m)................ 385 40
36-Airgun Array............................... ................................ 3,850 940
----------------------------------------------------------------------------------------------------------------
Power-down Procedures--A power-down involves decreasing the number
of airguns in use such that the radius of the 180-dB zone is decreased
to the extent that marine mammals are no longer in or about to enter
the EZ. A power down of the airgun array can also occur when the vessel
is moving from one seismic line to another. During a power-down for
mitigation, L-DEO will operate one airgun. The continued operation of
one airgun is intended to alert marine mammals to the presence of the
seismic vessel in the area. In contrast, a shut down occurs when the
Langseth suspends all airgun activity.
If the PSVO detects a marine mammal outside the EZ, which is likely
to enter the EZ, L-DEO will power down the airguns before the animal
enters the EZ. Likewise, if a mammal is already within the EZ, when
first detected L-DEO will power down the airguns immediately. During a
power down of the airgun array, L-DEO will operate the 40-cubic inch
(in\3\) airgun. If a marine mammal is detected within or near the
smaller EZ around that single airgun (Table 1), L-DEO will shut down
the airgun (see next section).
Following a power-down, L-DEO will not resume airgun activity until
the marine mammal has cleared the safety zone. L-DEO will consider the
animal to have cleared the EZ if--
A PSVO has visually observed the animal leave the EZ; or
A PSVO has not sighted the animal within the EZ for 15 min
for small odontocetes, or 30 min for mysticetes and large odontocetes,
including sperm, pygmy sperm, dwarf sperm, and beaked whales; or
The vessel has moved outside the EZ (e.g., if a marine
mammal is sighted close to the vessel and the ship speed is 8.5 km/h
(5.3 mph), it would take the vessel approximately eight minutes to
leave the vicinity of the marine mammal).
During airgun operations following a power-down (or shut-down)
whose duration has exceeded the time limits specified previously, L-DEO
will ramp-up the airgun array gradually (see Shut-down Procedures).
Shut-down Procedures--L-DEO will shut down the operating airgun(s)
if a marine mammal is seen within or approaching the EZ for the single
airgun. L-DEO will implement a shut-down:
(1) If an animal enters the EZ of the single airgun after L-DEO has
initiated a power down; or
(2) If an animal is initially seen within the EZ of the single
airgun when more than one airgun (typically the full airgun array) is
operating.
L-DEO will not resume airgun activity until the marine mammal has
cleared the EZ, or until the PSVO is confident that the animal has left
the vicinity of the vessel. Criteria for judging that the animal has
cleared the EZ will be as described in the preceding section.
Ramp-up Procedures--L-DEO will follow a ramp-up procedure when the
airgun subarrays begin operating after a specified period without
airgun operations or when a power down has exceeded that period. For
the present cruise, this period will be approximately eight minutes.
This period is based on the 180-dB radius for the 36-airgun array towed
at a depth of nine m (29.5 ft) in relation to the minimum planned speed
of the Langseth while shooting (8.5 km/h; 5.3 mph; 4.6 kts). L-DEO has
used similar periods (8-10 min) during previous L-DEO surveys. L-DEO
will not resume operations if a marine mammal has not cleared the EZ as
described earlier.
Ramp-up will begin with the smallest airgun in the array (40-
in\3\). Airguns will be added in a sequence such that the source level
of the array will increase in steps not exceeding six dB per five-
minute period over a total duration of approximately 30 min. During
ramp-up, the PSVOs will monitor the EZ, and if he/she sights a marine
mammal, L-DEO will implement a power down or shut down as though the
full airgun array were operational.
If the complete EZ is not visible to the PSVO for at least 30 min
prior to the start of operations in either daylight or nighttime, L-DEO
will not commence the ramp-up unless at least one airgun (40-in\3\ or
similar) has been operating during the interruption of seismic survey
operations. Given these provisions, it is likely that L-DEO will not
ramp up the airgun array from a complete shut-down at night or in thick
fog, because the outer part of the EZ for that array will not be
visible during those conditions. If one airgun has operated during a
power-down period, ramp-up to full power will be permissible at night
or in poor visibility, on the assumption that marine mammals will be
alerted to the approaching seismic vessel by the sounds from the single
airgun and could move away. L-DEO will not initiate a ramp-up of the
airguns if a marine mammal is sighted within or near the applicable EZs
during the day or close to the vessel at night.
NMFS carefully evaluated the applicant's proposed mitigation
measures and considered a range of other measures in the context of
ensuring that NMFS prescribed the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another: (1)
The manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals; (2) the proven or likely efficacy of the specific
measure to minimize adverse impacts as planned; and (3) the
practicability of the measure for applicant implementation.
Based on our evaluation of the applicant's proposed measures, NMFS
determined that the mitigation measures provide the means of effecting
the least practicable adverse impacts on marine mammals species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
[[Page 75532]]
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
Monitoring
L-DEO will sponsor marine mammal monitoring during the present
project, in order to implement the mitigation measures that require
real-time monitoring, and to satisfy the monitoring requirements of the
IHA. L-DEO's Monitoring Plan is described below this section. L-DEO
understands that this monitoring plan will be subject to review by
NMFS, and that refinements may be required. The monitoring work
described here has been planned as a self-contained project independent
of any other related monitoring projects that may be occurring
simultaneously in the same regions. L-DEO is prepared to discuss
coordination of its monitoring program with any related work that might
be done by other groups insofar as this is practical and desirable.
Vessel-Based Visual Monitoring
L-DEO will position PSVOs aboard the seismic source vessel to watch
for marine mammals near the vessel during daytime airgun operations and
during any start-ups at night. PSVOs will also watch for marine mammals
near the seismic vessel for at least 30 min prior to the start of
airgun operations after an extended shut down. PSVOs will conduct
observations during daytime periods when the seismic system is not
operating for comparison of sighting rates and behavior with and
without airgun operations and between acquisition periods.
Based on PSVO observations, the Langseth will power down or shut
down the airguns when marine mammals are observed within or about to
enter a designated EZ. The EZ is a region in which a possibility exists
of adverse effects on animal hearing or other physical effects.
During seismic operations, at least four PSVOs will be based aboard
the Langseth. L-DEO will appoint the PSVOs with NMFS' concurrence.
During all daytime periods, two PSVOs will be on duty from the
observation tower to monitor and PSVOs will be on duty in shifts of
duration no longer than four hours. During mealtimes it is sometimes
difficult to have two PSVOs on effort, but at least one PSVO will be on
watch during bathroom breaks and mealtimes. Use of two simultaneous
observers increases the effectiveness of detecting animals near the
source vessel.
L-DEO will also instruct other crew to assist in detecting marine
mammals and implementing mitigation requirements (if practical). Before
the start of the seismic survey, L-DEO will give the crew additional
instruction regarding how to accomplish this task.
The Langseth is a suitable platform for marine mammal observations.
When stationed on the observation platform, the eye level will be
approximately 21.5 m (70.5 ft) above sea level, and the observer will
have a good view around the entire vessel. During daytime, the PSVOs
will scan the area around the vessel systematically with reticle
binoculars (e.g., 7 x 50 Fujinon), Big-eye binoculars (25 x 150), and
with the naked eye. During darkness, night vision devices (NVDs) will
be available (ITT F500 Series Generation 3 binocular-image intensifier
or equivalent), when required. Laser range-finding binoculars (Leica
LRF 1200 laser rangefinder or equivalent) will be available to assist
with distance estimation. Those are useful in training observers to
estimate distances visually, but are generally not useful in measuring
distances to animals directly; that is done primarily with the reticles
in the binoculars.
Passive Acoustic Monitoring
Passive Acoustic Monitoring (PAM) will complement the visual
monitoring program, when practicable. Visual monitoring typically is
not effective during periods of poor visibility or at night, and even
with good visibility, is unable to detect marine mammals when they are
below the surface or beyond visual range.
Besides the four PSVOs, an additional Protected Species Acoustic
Observer (PSAO) with primary responsibility for PAM will also be aboard
the vessel. L-DEO can use acoustical monitoring in addition to visual
observations to improve detection, identification, and localization of
cetaceans. The acoustic monitoring will serve to alert visual observers
(if on duty) when vocalizing cetaceans are detected. It is only useful
when marine mammals call, but it can be effective either by day or by
night, and does not depend on good visibility. It will be monitored in
real time so that the visual observers can be advised when cetaceans
are detected. When bearings (primary and mirror-image) to calling
cetacean(s) are determined, the bearings will be relayed to the visual
observer to help him/her sight the calling animal(s).
The PAM system consists of hardware (i.e., hydrophones) and
software. The ``wet end'' of the system consists of a towed hydrophone
array that is connected to the vessel by a cable. The tow cable is 250
m (820.2 ft) long, and the hydrophones are fitted in the last 10 m
(32.8 ft) of cable. A depth gauge is attached to the free end of the
cable, and the cable is typically towed at depths less than 20 m (65.6
ft). The array will be deployed from a winch located on the back deck.
A deck cable will connect the tow cable to the electronics unit in the
main computer lab where the acoustic station, signal conditioning, and
processing system will be located. The acoustic signals received by the
hydrophones are amplified, digitized, and then processed by the
Pamguard software. The system can detect marine mammal vocalizations at
frequencies up to 250 kHz.
The PSAO will monitor the towed hydrophones 24 h per day during
airgun operations and during most periods when the Langseth is underway
while the airguns are not operating. However, PAM may not be possible
if damage occurs to both the primary and back-up hydrophone arrays
during operations. The primary PAM streamer on the Langseth is a
digital hydrophone streamer. Should the digital streamer fail, back-up
systems should include an analog spare streamer and a hull-mounted
hydrophone. Every effort would be made to have a working PAM system
during the cruise. In the unlikely event that all three of these
systems were to fail, L-DEO would continue science acquisition with the
visual-based observer program. The PAM system is a supplementary
enhancement to the visual monitoring program. If weather conditions
were to prevent the use of PAM, then conditions would also likely
prevent the use of the airgun array.
The PSAO will monitor the acoustic detection system at any one
time, by listening to the signals from two channels via headphones and/
or speakers and watching the real-time spectrographic display for
frequency ranges produced by cetaceans. PSAOs monitoring the acoustical
data will be on shift for one to six hours at a time. Besides the PSAO,
all PSVOs are expected to rotate through the PAM
[[Page 75533]]
position, although the most experienced with acoustics will be on PAM
duty more frequently.
When a vocalization is detected while visual observations are in
progress, the PSAO on duty will contact the visual PSVO immediately, to
alert him/her to the presence of cetaceans (if they have not already
been seen), and to allow a power down or shut down to be initiated, if
required. The information regarding the call will be entered into a
database. Data entry will include an acoustic encounter identification
number, whether it was linked with a visual sighting, date, time when
first and last heard and whenever any additional information was
recorded, position and water depth when first detected, bearing if
determinable, species or species group (e.g., unidentified dolphin,
sperm whale), types and nature of sounds heard (e.g., clicks,
continuous, sporadic, whistles, creaks, burst pulses, strength of
signal, etc.), and any other notable information. The acoustic
detection can also be recorded for further analysis.
PSVO Data and Documentation
PSVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document apparent
disturbance reactions or lack thereof. Data will be used to estimate
numbers of animals potentially `taken' by harassment (as defined in the
MMPA). They will also provide information needed to order a power down
or shut down of the airguns when a marine mammal is within or near the
EZ.
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 behavioral pace.
2. Time, location, heading, speed, activity of the vessel, sea
state, visibility, 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.
All observations and power downs or shut downs will be recorded in
a standardized format. Data will be entered into an electronic
database. The accuracy of the data entry will be verified by
computerized data validity checks as the data are entered and by
subsequent manual checking of the database. These procedures will allow
initial summaries of data to be prepared during and shortly after the
field program, and will facilitate transfer of the data to statistical,
graphical, and other programs for further processing and archiving.
Results from the vessel-based observations will provide:
1. The basis for real-time mitigation (airgun power down or shut
down).
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 and turtles in the area where the seismic study is conducted.
4. Information to compare the distance and distribution of marine
mammals and turtles relative to the source vessel at times with and
without seismic activity.
5. Data on the behavior and movement patterns of marine mammals
seen at times with and without seismic activity.
Reporting
L-DEO will submit a report to NMFS and NSF within 90 days after the
end of the cruise. The report will describe the operations that were
conducted and sightings of marine mammals and turtles near the
operations. The report will provide full documentation of methods,
results, and interpretation pertaining to all monitoring. The 90-day
report will summarize the dates and locations of seismic operations,
and all marine mammal sightings (dates, times, locations, activities,
associated seismic survey activities). The report will also include
estimates of the number and nature of exposures that could result in
``takes'' of marine mammals by harassment or in other ways.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
L-DEO shall immediately cease the specified activities and immediately
report the incident to the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS, at (301) 427-8401 and/or
by email to Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and the
Pacific Islands Regional Stranding Coordinator at (808) 944-2269
(David.Schofield@noaa.gov). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with L-DEO to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. L-DEO may not resume their
activities until notified by NMFS via letter, email, or telephone.
In the event that L-DEO discovers an injured or dead marine mammal,
and the lead PSVO determines that the cause of the injury or death is
unknown and the death is relatively recent (i.e., in less than a
moderate state of decomposition as described in the next paragraph), L-
DEO will immediately report the incident to the Chief of the Permits
and Conservation Division, Office of Protected Resources, NMFS, at
(301) 427-8401 and/or by email to Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and the Pacific Islands Regional Stranding
Coordinator at (808) 944-2269 (David.Schofield@noaa.gov). The report
must include the same information identified in the paragraph above.
Activities may continue while NMFS reviews the circumstances of the
incident. NMFS will work with L-DEO to determine whether modifications
in the activities are appropriate.
In the event that L-DEO discovers an injured or dead marine mammal,
and the lead PSVO determines that the injury or death is not associated
with or related to the activities authorized in the IHA (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), L-DEO will report the incident to
the Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and the Pacific Islands
Regional Stranding Coordinator at (808) 944-2269
[[Page 75534]]
(David.Schofield@noaa.gov), within 24 hours of the discovery. L-DEO
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS.
Estimated Take by Incidental 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].
Only take by Level B harassment is authorized as a result of the
marine geophysical survey in the central Pacific Ocean. Acoustic
stimuli (i.e., increased underwater sound) generated during the
operation of the seismic airgun array may have the potential to cause
marine mammals in the survey area to be exposed to sounds at or greater
than 160 dB or cause temporary, short-term changes in behavior. There
is no evidence that the planned activities could result in injury,
serious injury or mortality within the specified geographic area for
which L-DEO seeks the IHA. Take by