Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Low-Energy Geophysical Survey in the Northwest Atlantic Ocean, 27954-27972 [2018-12907]
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to economic, regulatory, or other
barriers. To be eligible to participate in
the western Pacific community
development program, a community
must meet the criteria set forth in 50
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community development plan activities
on fish stocks, endangered species,
marine mammals, and other
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for the purposes of compliance with the
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Affected Public: Individuals or
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Dated: June 12, 2018.
Sarah Brabson,
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[FR Doc. 2018–12882 Filed 6–14–18; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF986
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Low-Energy
Geophysical Survey in the Northwest
Atlantic Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Scripps Institution of Oceanography
(SIO) to take marine mammals
incidental to a low-energy marine
geophysical survey in the Northwest
Atlantic Ocean.
DATES: This authorization is valid for
one year from the date of issuance.
FOR FURTHER INFORMATION CONTACT:
Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
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stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
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).
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
incidental harassment authorization)
with respect to potential impacts on the
human environment. This action is
consistent with categories of activities
identified in Categorical Exclusion B4
(incidental harassment authorizations
with no anticipated serious injury or
mortality) of the Companion Manual for
NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of the IHA qualifies to be categorically
excluded from further NEPA review.
Summary of Request
On November 20, 2017, NMFS
received a request from SIO for an IHA
to take marine mammals incidental to
conducting a low-energy marine
geophysical survey in the Northwest
Atlantic Ocean. On February 8, 2018,
we deemed SIO’s application for
authorization to be adequate and
complete. SIO’s request is for take of a
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small number of 35 species of marine
mammals by Level B harassment and
Level A harassment. Neither SIO nor
NMFS expects mortality to result from
this activity, and, therefore, an IHA is
appropriate. The planned activity is not
expected to exceed one year, hence, we
do not expect subsequent MMPA
incidental harassment authorizations
would be issued for this particular
activity.
Description of Specified Activity
Overview
SIO plans to conduct a low-energy
marine seismic survey in the Northwest
Atlantic Ocean for approximately 25
days during June–July 2018. The survey
would occur in International Waters,
between ∼33.5° and 53.5° N, and 37°
and 49° W, at water depths ranging from
1,800 to over 5,000 meters (m) (see
Figure 1 in the IHA application) and
would entail one source vessel, the R/
V Atlantis, which would tow a pair of
45 cubic inch (in3) GI airguns at a depth
of 2–4 m with a total discharge volume
of approximately 90 in3 as an energy
source along predetermined lines. The
receiving system would consist of one
hydrophone streamer, either 200 or 600
m in length. The program consists of a
site survey in support of a potential
future International Ocean Discovery
Program project and would examine
regional seismic stratigraphy and
provide seismic images of changing
sediment distributions from deepwater
production changes. The Principal
Investigators are Drs. M. Lyle (Oregon
State University), G. Mountain (Rutgers
University), and K. Miller (Rutgers
University).
The survey would use two different
types of airgun array configurations. The
first would entail a pair of 45-in3
airguns spaced 8 m apart at a water
depth of 2–4 m with a 200 m
hydrophone streamer and with the
vessel traveling at 8 knots (kt). The
second would entail a pair of 45-in3
airguns, but with airguns spaced 2 m
apart at a depth of 2–4 m with a 600 m
hydrophone streamer and with the
vessel traveling at 5 kt to achieve
especially high-quality seismic
reflection data. Data would be collected
within six grids, and also along track
lines between the six grid locations (see
Figure 1 in the IHA application). A total
of 7,911 kilometers (km) of seismic
acquisition would occur, including
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4,334 km of data collected within the
survey grids (2667 km at 8 kt and 1667
km at 5 kt) and an additional 3,577 km
of track lines connecting the grids.
There could be additional seismic
operations in the project area associated
with equipment testing, re-acquisition
due to equipment malfunction, data
degradation during poor weather, or
interruption due to shutdown or track
deviation in compliance with IHA
requirements.
In addition to the operations of the
airgun array, a multibeam echosounder
(MBES) and a sub-bottom profiler (SBP)
would also be operated continuously
throughout the survey, but not during
transits to and from the project area. The
MBES (a Kongsberg EM122) operates at
10.5–13 (usually 12) kilohertz (kHz) and
is hull-mounted, with the transmitting
beamwidth 1 or 2° fore-aft and 150°
athwartship. The SBP (a Knudsen 3260)
is normally operated to provide
information about the near seafloor
sedimentary features and the bottom
topography that is mapped
simultaneously by the MBES. The beam
of the SBP is transmitted as a 27° cone,
which is directed downward by a 3.5kHz transducer in the hull of the vessel.
TABLE 1—SPECIFICATIONS OF THE R/V ATLANTIS AIRGUN ARRAY
Number of airguns ....................................................................................
Gun positions used ...................................................................................
Tow depth of energy source ....................................................................
Dominant frequency components .............................................................
Air discharge volume ................................................................................
Shot interval ..............................................................................................
A detailed description of SIO’s
planned survey is provided in the
Federal Register notice for the proposed
IHA (83 FR 18644; April 27, 2018).
Since that time, no changes have been
made to SIO’s planned survey activities.
Therefore, a detailed description is not
provided here. Please refer to that
Federal Register notice for the
description of the specific activity.
Mitigation, monitoring, and reporting
measures are described in detail later in
this document (please see ‘‘Mitigation’’
and ‘‘Monitoring and Reporting’’).
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Comments and Responses
NMFS published a notice of proposed
IHA in the Federal Register on April 27,
2018 (83 FR 18644). During the 30-day
public comment period, NMFS received
a comment letter from the Marine
Mammal Commission (Commission).
NMFS has posted the comments online
at: www.fisheries.noaa.gov/national/
marine-mammal-protection/incidental-
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2.
Two inline airguns 2- or 8-m apart.
2–4 m.
0–188 Hz.
Approximately 90 in3.
9.72 seconds (2 m airgun separation survey) and 12.15 seconds (8 m
airgun separation survey).
take-authorizations-research-and-otheractivities. NMFS addresses any
comments specific to SIO’s application
related to the statutory and regulatory
requirements or findings that NMFS
must make under the MMPA in order to
issue an Authorization. The following is
a summary of the public comments and
NMFS’ responses.
Comment 1: The Commission
expressed concerns regarding SIO’s
method to estimate the extent of the
Level A and Level B harassment zones
and the numbers of marine mammal
takes. The Commission stated that the
model is not the best available science
because it assumes spherical spreading,
a constant sound speed, and no bottom
interactions for surveys in deep water,
and that the model provides results to
a water depth of 2,000 m while SIO’s
planned survey would occur in waters
from 1,800 to more than 5,000 m in
depth. In light of their concerns, the
Commission recommended that NMFS
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require SIO, in collaboration with
Lamont-Doherty Earth Observatory of
Columbia University (LDEO) (which
performed the modeling of Level A and
Level B harassment zones) to re-estimate
the Level A and Level B harassment
zones and associated takes of marine
mammals using (1) operational
(including number/type/spacing of
airguns, tow depth, source level/
operating pressure, operational volume)
and site-specific environmental
(including sound speed profiles,
bathymetry, and sediment
characteristics at a minimum)
parameters; (2) a comprehensive source
model (i.e., Gundalf Optimizer or
AASM) and (3) an appropriate sound
propagation model for the proposed
IHA. Specifically, the Commission
states that LDEO should be using the
ray-tracing sound propagation model
BELLHOP, rather than the MATLAB
code currently used.
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NMFS Response: NMFS
acknowledges the Commission’s
concerns about LDEO’s current
modeling approach for estimating Level
A and Level B harassment zones and
takes. SIO’s application (LGL, 2018) and
the Federal Register notice of the
proposed IHA (83 FR 18644; April 27,
2018) describe the applicant’s approach
to modeling Level A and Level B
harassment zones. The model LDEO
currently uses does not allow for the
consideration of environmental and sitespecific parameters as requested by the
Commission.
SIO’s application (LGL, 2018)
describes their approach to modeling
Level A and Level B harassment zones.
In summary, LDEO acquired field
measurements for several array
configurations at shallow, intermediate,
and deep-water depths during acoustic
verification studies conducted in the
northern Gulf of Mexico in 2007 and
2008 (Tolstoy et al., 2009). Based on the
empirical data from those studies, LDEO
developed a sound propagation
modeling approach that predicts
received sound levels as a function of
distance from a particular airgun array
configuration in deep water. For this
survey, LDEO modeled Level A and
Level B harassment zones based on the
empirically-derived measurements from
the Gulf of Mexico calibration survey
(Appendix H of NSF–USGS 2011).
LDEO used the deep-water radii
obtained from model results down to a
maximum water depth of 2,000 m
(Figure 2 and 3 in Appendix H of NSF–
USGS 2011).
In 2015, LDEO explored the question
of whether the Gulf of Mexico
calibration data described above
adequately informs the model to predict
exclusion isopleths in other areas by
conducting a retrospective sound power
analysis of one of the lines acquired
during L–DEO’s seismic survey offshore
New Jersey in 2014 (Crone, 2015).
NMFS presented a comparison of the
predicted radii (i.e., modeled exclusion
zones) with radii based on in situ
measurements (i.e., the upper bound
[95th percentile] of the cross-line
prediction) in a previous notice of
issued Authorization for LDEO (see 80
FR 27635, May 14, 2015, Table 1).
Briefly, the analysis presented in Crone
(2015), specific to the survey site
offshore New Jersey, confirmed that insitu, site specific measurements and
estimates of 160 decibel (dB) and 180
dB isopleths collected by the
hydrophone streamer of the R/V Marcus
Langseth in shallow water were smaller
than the modeled (i.e., predicted) zones
for two seismic surveys conducted
offshore New Jersey in shallow water in
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2014 and 2015. In that particular case,
Crone’s (2015) results showed that
LDEO’s modeled 180 dB and 160 dB
zones were approximately 28 percent
and 33 percent smaller, respectively,
than the in-situ, site-specific
measurements, thus confirming that
LDEO’s model was conservative in that
case.
The following is a summary of two
additional analyses of in-situ data that
support LDEO’s use of the modeled
Level A and Level B harassment zones
in this particular case. In 2010, LDEO
assessed the accuracy of their modeling
approach by comparing the sound levels
of the field measurements acquired in
the Gulf of Mexico study to their model
predictions (Diebold et al., 2010). They
reported that the observed sound levels
from the field measurements fell almost
entirely below the predicted mitigation
radii curve for deep water (i.e., greater
than 1,000 m; 3280.8 ft) (Diebold et al.,
2010). In 2012, LDEO used a similar
process to model distances to isopleths
corresponding to Level A and Level B
harassment thresholds for a shallowwater seismic survey in the northeast
Pacific Ocean offshore Washington
State. LDEO conducted the shallowwater survey using a 6,600 in3 airgun
configuration aboard the R/V Marcus
Langseth and recorded the received
sound levels on both the shelf and slope
using the Langseth’s 8 km hydrophone
streamer. Crone et al. (2014) analyzed
those received sound levels from the
2012 survey and confirmed that in-situ,
site specific measurements and
estimates of the 160 dB and 180 dB
isopleths collected by the Langseth’s
hydrophone streamer in shallow water
were two to three times smaller than
LDEO’s modeling approach had
predicted. While the results confirmed
the role of bathymetry in sound
propagation, Crone et al. (2014) were
also able to confirm that the empirical
measurements from the Gulf of Mexico
calibration survey (the same
measurements used to inform LDEO’s
modeling approach for the planned
surveys in the northwest Atlantic
Ocean) overestimated the size of the
exclusion and buffer zones for the
shallow-water 2012 survey off
Washington State and were thus
precautionary, in that particular case.
NMFS continues to work with LDEO
to address the issue of incorporating
site-specific information for future
authorizations for seismic surveys.
However, LDEO’s current modeling
approach (supported by the three data
points discussed previously) represents
the best available information for NMFS
to reach determinations for this IHA. As
described earlier, the comparisons of
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LDEO’s model results and the field data
collected at multiple locations (i.e., the
Gulf of Mexico, offshore Washington
State, and offshore New Jersey) illustrate
a degree of conservativeness built into
LDEO’s model for deep water, which
NMFS expects to offset some of the
limitations of the model to capture the
variability resulting from site-specific
factors. Based upon the best available
information (i.e., the three data points,
two of which are peer-reviewed,
discussed in this response), NMFS finds
that the Level A and Level B harassment
zone calculations are appropriate for use
in this particular IHA.
LDEO has conveyed to NMFS that
additional modeling efforts to refine the
process and conduct comparative
analysis may be possible with the
availability of research funds and other
resources. Obtaining research funds is
typically accomplished through a
competitive process, including those
submitted to U.S. Federal agencies. The
use of models for calculating Level A
and Level B harassment zones and for
developing take estimates is not a
requirement of the MMPA incidental
take authorization process. Further,
NMFS does not provide specific
guidance on model parameters nor
prescribe a specific model for applicants
as part of the MMPA incidental take
authorization process at this time,
although we do review methods to
ensure adequate for prediction of take.
There is a level of variability not only
with parameters in the models, but also
the uncertainty associated with data
used in models, and therefore, the
quality of the model results submitted
by applicants. NMFS considers this
variability when evaluating applications
and the take estimates and mitigation
measures that the model informs. NMFS
takes into consideration the model used,
and its results, in determining the
potential impacts to marine mammals;
however, it is just one component of the
analysis during the MMPA
authorization process as NMFS also
takes into consideration other factors
associated with the activity (e.g.,
geographic location, duration of
activities, context, sound source
intensity, etc.).
Comment 2: The Commission
recommended that NMFS better
evaluate the numbers of Level A and B
harassment takes it plans to propose for
authorization by considering both
ecological/biological information and
implementation of mitigation measures
for all proposed authorizations prior to
submitting them for publication in the
Federal Register. The Commission
specifically questioned the proposed
authorization of 42 Level A takes of
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harbor porpoises and recommended that
NMFS reduce the numbers of Level A
takes for that particular species.
NMFS Response: We appreciate the
Commission’s concern with authorizing
appropriate numbers of take and their
suggestion regarding the specific
number of Level A takes that it deems
appropriate in this instance. We base
take analyses on the best available
information; in this case, as SIO’s
survey is planned in a geographic area
where data on marine mammal
abundance and density is relatively
limited, the best available information
on cetacean density (including harbor
porpoise density) was represented by
density modeling by Mannocci et al.
(2017). We relied on this information to
calculate the estimated numbers of takes
(including Level A takes of harbor
porpoise), as described in the proposed
IHA. We also acknowledged in the
proposed IHA that harbor porpoises
would be expected to be relatively
uncommon in the proposed survey area,
and that take estimates are conservative.
That said, given the fact that Mannocci
et al. (2017) predict relatively high
densities of harbor porpoises in offshore
waters north of ∼40° N (where much of
the survey would occur) and given the
relative lack of information regarding
the marine mammals that may be
encountered by SIO’s survey, we do not
think a reduction in the number of Level
A takes of harbor porpoises is necessary
in this instance, given the applicant’s
request.
Comment 3: the Commission
questioned the necessity of the 100 m
exclusion zone, specifically for midfrequency (MF) cetaceans, noting that
the Level A harassment zone is
estimated to be less than 1 m for MF
cetaceans. The Commission stated that
NMFS should ensure that marine
mammals are sufficiently protected from
Level A harassment and that activities
can be completed in an appropriate
manner and within an appropriate
timeframe, and recommended that
NMFS more thoroughly assess the
proposed exclusion zones that are to be
implemented for this authorization and
for future proposed incidental take
authorizations, prior to publication in
the Federal Register.
NMFS Response: NMFS agrees with
the Commission that mitigation
measures should ensure sufficient
protection of marine mammals while
facilitating the timely completion of the
specified activities so as to minimize the
overall duration of those activities and
their impacts on marine mammals. It is
for this reason that NMFS has included
a waiver to the shutdown requirement
specifically for small delphinoids
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(which are expected to constitute the
vast majority of MF cetaceans
encountered by SIO’s survey) that
would otherwise result in a shutdown of
SIO’s survey. The shutdown
requirement referenced by the
Commission will be in place for marine
mammals with the exception of small
delphinoids (which are all in the MF
functional hearing group) under certain
circumstances. The small delphinoid
group is intended to encompass those
members of the Family Delphinidae
most likely to voluntarily approach the
source vessel for purposes of interacting
with the vessel and/or airgun array (e.g.,
bow riding). The exception to the
shutdown requirement applies solely to
specific genera of small dolphins—
Tursiops, Steno, Stenella,
Lagenorhynchus and Delphinus. We
have included this exception because
shutdown requirements for small
delphinoids under all circumstances
represent practicability concerns
without likely commensurate benefits
for the animals in question, as
referenced by the Commission. Small
delphinoids are generally the most
commonly observed marine mammals
in the specific geographic region and
would typically be the only marine
mammals likely to intentionally
approach the vessel. As referenced by
the Commission, auditory injury is
extremely unlikely to occur for MF
cetaceans (e.g., delphinids), as this
group is relatively insensitive to sound
produced at the predominant
frequencies in an airgun pulse while
also having a relatively high threshold
for the onset of auditory injury. We refer
the reader to the Federal Register notice
for the proposed IHA (83 FR 18644;
April 27, 2018) for further discussion of
sound metrics and thresholds and
marine mammal hearing.
A large body of anecdotal evidence
indicates that small delphinoids
commonly approach vessels and/or
towed arrays during active sound
production for purposes of bow riding,
with no apparent effect observed in
those delphinoids (e.g., Barkaszi et al.,
2012). As referenced by the
Commission, the potential for increased
shutdowns resulting from such a
measure would require the Atlantis to
revisit the missed track line to reacquire
data, potentially resulting in an increase
in the total duration over which the
survey is active in a given area and an
overall increase in the total sound
energy input to the marine environment.
Although other mid-frequency hearing
specialists (e.g., large delphinoids) are
no more likely to incur auditory injury
than are small delphinoids, they are
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much less likely to approach vessels.
Therefore, contrary to the Commission’s
concerns, retaining a shutdown
requirement for large delphinoids
would not have similar impacts in terms
of either practicability for the applicant
or corollary increase in sound energy
output and time on the water. We also
anticipate some benefit for a shutdown
requirement for large delphinoids in
that it simplifies somewhat the total
range of decision-making for protected
species observers (PSOs) and may
preclude any potential for physiological
effects other than to the auditory system
as well as some more severe behavioral
reactions for any such animals in close
proximity to the source vessel.
Shutdown requirements, including the
waiver to shutdown requirements for
small delphinoids, are discussed in
greater detail in the Mitigation section
below.
Comment 4: The Commission
expressed concern that the method used
to estimate the numbers of takes, which
summed fractions of takes for each
species across project days, does not
account for and negates the intent of
NMFS’ 24-hour reset policy, and
recommended that NMFS provide the
draft criteria for take calculation in a
timely manner.
NMFS Response: We appreciate the
Commission’s ongoing concern in this
matter. Calculating predicted takes is
not an exact science and there are
arguments for taking different
mathematical approaches in different
situations, and for making qualitative
adjustments in other situations. We
believe, however, that the methodology
used for take calculation in this IHA
remains appropriate and is not at odds
with the 24-hour reset policy the
Commission references. We will share
draft guidance on this issue as soon as
possible with the Commission.
Comment 5: The Commission
expressed concern that information was
missing or incorrect in the proposed
IHA and SIO’s application, including
information on the proposed activities
related to the proposed source levels,
shot intervals, and source velocities and
mitigation measures. Therefore the
Commission recommended that NMFS
review more thoroughly applications
prior to deeming them complete and
NMFS’ draft notices prior to submitting
them for publication in the Federal
Register.
NMFS Response: We appreciate the
Commission pointing out the
deficiencies in the notice of proposed
IHA. In response to the Commission’s
concerns we have ensured source levels,
shot intervals, source velocities and
mitigation measures are accurately
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described in this notice and are
accurately factored into harassment
zones and authorized take numbers.
Resultant changes to harassment zones
and take estimates are minimal and are
described in the Take Estimate section
below. NMFS thoroughly reviews all
applications prior to deeming them
complete, and thoroughly reviews draft
notices prior to publishing in the
Federal Register, and will continue to
do so.
Comment 6: The Commission
requested clarification regarding certain
issues associated with NMFS’ notice
that one-year renewals could be issued
in certain limited circumstances and
expressed concern that the process
would bypass the public notice and
comment requirements. The
Commission recommended that NMFS
refrain from implementing its proposed
renewal process and instead use
abbreviated Federal Register notices
and reference existing documents to
streamline the incidental harassment
authorization process. The Commission
suggested that NMFS should discuss the
possibility of renewals through a more
general route, such as a rulemaking,
instead of notice in a specific
authorization. The Commission further
recommended that if NMFS did not
pursue a more general route, that the
agency provide the Commission and the
public with a legal analysis supporting
our conclusion that this process is
consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
NMFS Response: The process of
issuing a renewal IHA does not bypass
the public notice and comment
requirements of the MMPA. The notice
of the proposed IHA expressly notifies
the public that under certain, limited
conditions an applicant could seek a
renewal IHA for an additional year. The
notice describes the conditions under
which such a renewal request could be
considered and expressly seeks public
comment in the event such a renewal is
sought. Importantly, such renewals
would be limited to circumstances
where: The activities are identical or
nearly identical to those analyzed in the
proposed IHA; monitoring does not
indicate impacts that were not
previously analyzed and authorized;
and, the mitigation and monitoring
requirements remain the same, all of
which allow the public to comment on
the appropriateness and effects of a
renewal at the same time the public
provides comments on the initial IHA.
NMFS has, however, modified the
language for future proposed IHAs to
clarify that all IHAs, including renewal
IHAs, are valid for no more than one
year and that the agency would consider
only one renewal for a project at this
time. In addition, notice of issuance or
denial of a renewal IHA would be
published in the Federal Register, as
they are for all IHAs. The option for
issuing renewal IHAs has been in
NMFS’s incidental take regulations
since 1996. We will provide any
additional information to the
Commission and consider posting a
description of the renewal process on
our website before any renewal is issued
utilizing this process.
Description of Marine Mammals in the
Area of Specified Activity
Sections 3 and 4 of SIO’s IHA
application summarize available
information regarding status and trends,
distribution and habitat preferences,
and behavior and life history, of the
potentially affected species. Additional
information regarding population trends
and threats may be found in NMFS’
Stock Assessment Reports (SAR;
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsregion) and more general information
about these species (e.g., physical and
behavioral descriptions) may be found
on NMFS’ website
(www.fisheries.noaa.gov/speciesdirectory).
The populations of marine mammals
considered in this document do not
occur within the U.S. exclusive
economic zone (EEZ) and are therefore
not assigned to stocks and are not
assessed in NMFS’ Stock Assessment
Reports (SAR). As such, information on
potential biological removal (PBR;
defined by the MMPA as the maximum
number of animals, not including
natural mortalities, that may be removed
from a marine mammal stock while
allowing that stock to reach or maintain
its optimum sustainable population)
and on annual levels of serious injury
and mortality from anthropogenic
sources are not available for these
marine mammal populations.
Abundance estimates for marine
mammals in the survey location are
lacking; therefore the abundance
estimates presented here are based on
the U.S. Atlantic SARs (Hayes et al.,
2017) and on the Canadian Trans-North
Atlantic Sighting Survey which
provided full coverage of the Atlantic
Canadian coast (Lawson and Gosselin,
2009), as these sources are considered
the best available information on
potential abundance of marine
mammals in the area. However, as
described above, the marine mammals
encountered by the proposed survey are
not assigned to stocks. All abundance
estimate values presented in Table 2 are
the most recent available at the time of
publication and are available in the
2017 U.S. Atlantic draft SARs (e.g.,
Hayes et al. 2017) available online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments, except
where noted otherwise.
Table 2 lists all species with expected
potential for occurrence in the survey
area and with the potential to be taken
as a result of the proposed survey, and
summarizes information related to the
population, including regulatory status
under the MMPA and ESA. For
taxonomy, we follow Committee on
Taxonomy (2016).
TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA AND THAT MAY BE AFFECTED BY THE
SPECIFIED ACTIVITIES
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Species
ESA/
MMPA
status;
strategic
(Y/N) 1
Stock
Abundance 2
Relative
occurrence in
project area
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family: Balaenopteridae
Humpback whale 3 (Megaptera novaeangliae) ...................................................
Minke whale 4 (Balaenoptera acutorostrata) .......................................................
Bryde’s whale (Balaenoptera brydei) ..................................................................
Sei whale (Balaenoptera borealis) ......................................................................
Fin whale 4 (Balaenoptera physalus) ..................................................................
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n/a
n/a
n/a
n/a
n/a
-/-; N
-/-; N
-/-; N
E/D; Y
E/D; Y
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12,312
20,741
unknown
357
3,522
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
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TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA AND THAT MAY BE AFFECTED BY THE
SPECIFIED ACTIVITIES—Continued
Species
ESA/
MMPA
status;
strategic
(Y/N) 1
Stock
Blue whale (Balaenoptera musculus) .................................................................
n/a
E/D; Y
Abundance 2
440
Relative
occurrence in
project area
Uncommon.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Physeteridae
Sperm whale (Physeter macrocephalus) ............................................................
n/a E/D; Y
2,288
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Kogiidae
Pygmy sperm whale 5 (Kogia breviceps) ............................................................
Dwarf sperm whale 5 (Kogia sima) .....................................................................
n/a
n/a
-/-; N
-/-; N
3,785
3,785
Uncommon.
Rare.
Rare.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family delphinidae
Killer whale (Orcinus orca) .................................................................................
False killer whale (Pseudorca crassidens) .........................................................
Pygmy killer whale (Feresa attenuata) ...............................................................
Short-finned pilot whale (Globicephala macrorhynchus) ....................................
Long-finned pilot whale (Globicephala melas) ...................................................
Harbor porpoise (Phocoena phocoena) .............................................................
Bottlenose dolphin (Tursiops truncatus) .............................................................
Striped dolphin (Stenella coeruleoala) ................................................................
Risso’s dolphin (Grampus griseus) .....................................................................
Common dolphin 4 (Delphinus delphis) ..............................................................
Atlantic white-sided dolphin (Lagenorhynchus obliquidens) ...............................
Atlantic spotted dolphin (Stenella frontalis) ........................................................
Pantropical spotted dolphin (Stenella attenuate) ................................................
White beaked dolphin (Lagenorhynchus albirostris) ..........................................
Rough-toothed dolphin (Steno bredanensis) ......................................................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
-/-; N
-/-; N
-/-; N
-/-; N
-/-; N
-/-; N
-/-; N
-/-; N
-/-; N
-; N
-; N
-; N
-; N
-; N
-; N
unknown
442
unknown
21,515
5,636
79,833
77,532
54,807
18,250
173,486
48,819
44,715
3,333
2,003
271
Uncommon.
Uncommon.
Rare.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Uncommon.
Rare.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Ziphiidae
Cuvier’s beaked whale (Ziphius cavirostris) .......................................................
Blainville’s beaked whale 6 (Mesoplodon densirostris) .......................................
True’s beaked whale 6 (Mesoplodon mirus) .......................................................
Gervais beaked whale 6 (Mesoplodon europaeus) .............................................
Sowerby’s beaked whale 6 (Mesoplodon bidens) ...............................................
Northern bottlenose whale (Hyperoodon ampullatus) ........................................
n/a
n/a
n/a
n/a
n/a
n/a
-/-; N
-; N
-/-; N
-; N
-; N
-; N
n/a
n/a
n/a
-; N
-; N
-; N
6,532
7,092
7,092
7,092
7,092
unknown
Uncommon.
Uncommon.
Rare.
Uncommon.
Uncommon.
Uncommon.
Order Carnivora—Superfamily Pinnipedia
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Family Phocidae (earless seals)
Hooded seal (Cystophora cristata) .....................................................................
Harp seal (Pagophilus groenlandicus) ................................................................
Ringed seal (Pusa hispida) 7 ..............................................................................
592,100
7,100,000
unknown
Rare.
Rare.
Rare.
1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is
not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct
human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 Abundance estimates are from the NMFS 2017 draft Atlantic SAR (Hayes et al., 2017) unless otherwise noted. We note that marine mammals in the survey area would not belong to NMFS stocks, as the survey area is outside the geographic boundaries for stock assessments, thus
stock abundance estimates are provided for comparison purposes only.
3 NMFS defines a stock of humpback whales only on the basis of the Gulf of Maine feeding population; however, multiple feeding populations
originate from the Distinct Population Segment (DPS) that is expected to occur in the proposed survey area (the West Indies DPS). As West Indies DPS whales from multiple feeding populations may be encountered in the proposed survey area, the total abundance of the West Indies
DPS best reflects the abundance of the population that may encountered by the proposed survey. The West Indies DPS abundance estimate
shown here reflects the latest estimate as described in the NMFS Status Review of the Humpback Whale under the Endangered Species Act
(Bettridge et al., 2015).
4 Abundance for these species is from the 2007 TNASS, which provided full coverage of the Atlantic Canadian coast (Lawson and Gosselin,
2009). Abundance estimates from TNASS were corrected for perception and availability bias, when possible. In general, where the TNASS survey effort provided superior coverage of a stock’s range (as compared with NOAA shipboard survey effort), we elect to use the resulting abundance estimate over the current NMFS abundance estimate (derived from survey effort with inferior coverage of the stock range).
5 Abundance estimate represents pygmy and dwarf sperm whales combined.
6 Abundance estimate represents all species of Mesoplodon in the Atlantic.
7 NMFS does not have a defined stock of ringed seals in the Atlantic Ocean.
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Four marine mammal species that are
listed under the Endangered Species Act
(ESA) may be present in the survey area
and are included in the take request:
The fin whale, sei whale, blue whale
and sperm whale. Though marine
mammal species other than those
described in Table 2 are known to occur
in the North Atlantic Ocean, the
temporal and/or spatial occurrence of
several of these species is such that take
of these species is not expected to occur,
and they are therefore not discussed
further beyond the explanation
provided here. Four cetacean species,
although present in the wider North
Atlantic Ocean, likely would not be
found near the proposed project area
because their ranges generally do not
extend as far north: Clymene dolphin,
Fraser’s dolphin, spinner dolphin, and
melon-headed whale. Another cetacean
species, the North Atlantic right whale,
occurs in nearshore waters off the U.S.
coast, and its range does not extend as
far offshore as the proposed project area.
Another three cetacean species occur in
arctic waters, and their ranges generally
do not extend as far south as the
proposed project area: The bowhead
whale, narwhal, and beluga. Two
additional cetacean species, the Atlantic
humpback dolphin (which occurs in
coastal waters of western Africa) and the
long-beaked common dolphin (which
occurs in coastal waters of South
America and western Africa) do not
occur in deep offshore waters. Several
pinniped species also are known to
occur in North Atlantic waters, but are
not expected to occur in deep offshore
waters of the proposed project area,
including the gray seal, harbor seal, and
bearded seal.
A detailed description of the species
likely to be affected by SIO’s survey,
including brief introductions to the
species and relevant stocks as well as
available information regarding
population trends and threats, and
information regarding local occurrence,
were provided in the Federal Register
notice of the proposed IHA (83 FR
18644; April 27, 2018); since that time,
we are not aware of any changes in the
status of these species and stocks;
therefore, detailed descriptions are not
repeated here. Please refer to that
Federal Register notice for these
descriptions. Please also refer to NMFS’
website (www.fisheries.noaa.gov/
species-directory) for generalized
species accounts.
Information concerning marine
mammal hearing, including marine
mammal functional hearing groups, was
provided in the Federal Register notice
of the proposed IHA (83 FR 18644; April
27, 2018), therefore that information is
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not repeated here; please refer to that
Federal Register notice for this
information. For further information
about marine mammal functional
hearing groups and associated frequency
ranges, please see NMFS (2016) for a
review of available information. Thirtythree marine mammal species (thirty
cetacean and three pinniped (all phocid)
species) have the reasonable potential to
co-occur with the proposed survey
activities (Table 2). Of the cetacean
species that may be present, six are
classified as low-frequency cetaceans
(i.e., all mysticete species), twenty-two
are classified as mid-frequency
cetaceans (i.e., all delphinid species,
beaked whales, and sperm whale), and
three are classified as a high-frequency
cetaceans (i.e., harbor porpoise, pygmy
and dwarf sperm whales).
Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The effects of underwater noise from
SIO’s survey activities have the
potential to result in behavioral
harassment of marine mammals in the
vicinity of the survey area. The Federal
Register notice of the proposed IHA (83
FR 18644; April 27, 2018) included a
discussion of the effects of
anthropogenic noise on marine
mammals and their habitat, therefore
that information is not repeated here;
please refer to that Federal Register
notice for that information. No instances
of hearing threshold shifts, injury,
serious injury, or mortality are expected
as a result of the planned activities.
Estimated Take
This section provides an estimate of
the number of incidental takes
authorized through this IHA, which will
inform both NMFS’ consideration of
‘‘small numbers’’ and the negligible
impact determination.
Harassment is the only type of take
expected to result from these activities.
Except with respect to certain activities
not pertinent here, section 3(18) of 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).
Authorized takes would primarily be
by Level B harassment, as use of the
seismic airguns have the potential to
result in disruption of behavioral
patterns for individual marine
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mammals. There is also some potential
for auditory injury (Level A harassment)
to result, primarily for high frequency
cetaceans. Auditory injury is unlikely to
occur for low- and mid-frequency
cetaceans given very small modeled
zones of injury for those species. The
mitigation and monitoring measures are
expected to minimize the severity of
such taking to the extent practicable. As
described previously, no mortality is
anticipated or authorized for this
activity. Below we describe how the
take is estimated.
Described in the most basic way, we
estimate take by considering: (1)
Acoustic thresholds above which NMFS
believes the best available science
indicates marine mammals will be
behaviorally harassed or incur some
degree of permanent hearing
impairment; (2) the area or volume of
water that will be ensonified above
these levels in a day; (3) the density or
occurrence of marine mammals within
these ensonified areas; and (4) and the
number of days of activities. Below, we
describe these components in more
detail and present the exposure estimate
and associated numbers of take
authorized.
Acoustic Thresholds
Using the best available science,
NMFS has developed acoustic
thresholds that identify the received
level of underwater sound above which
exposed marine mammals would be
reasonably expected to be behaviorally
harassed (equated to Level B
harassment) or to incur PTS of some
degree (equated to Level A harassment).
Level B Harassment for non-explosive
sources—Though significantly driven by
received level, the onset of behavioral
disturbance from anthropogenic noise
exposure is also informed to varying
degrees by other factors related to the
source (e.g., frequency, predictability,
duty cycle), the environment (e.g.,
bathymetry), and the receiving animals
(hearing, motivation, experience,
demography, behavioral context) and
can be difficult to predict (Southall et
al., 2007, Ellison et al. 2011). Based on
the best available science and the
practical need to use a threshold based
on a factor that is both predictable and
measurable for most activities, NMFS
uses a generalized acoustic threshold
based on received level to estimate the
onset of behavioral harassment. NMFS
predicts that marine mammals are likely
to be behaviorally harassed in a manner
we consider to fall under Level B
harassment when exposed to
underwater anthropogenic noise above
received levels of 120 dB re 1 mPa (rms)
for continuous (e.g. vibratory pile-
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driving, drilling) and above 160 dB re 1
mPa (rms) for non-explosive impulsive
(e.g., seismic airguns) or intermittent
(e.g., scientific sonar) sources. SIO’s
proposed activity includes the use of
impulsive seismic sources. Therefore,
the 160 dB re 1 mPa (rms) criteria is
applicable for analysis of level B
harassment.
Level A harassment for non-explosive
sources— NMFS’ Technical Guidance
for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing (NMFS, 2016)
identifies dual criteria to assess auditory
injury (Level A harassment) to five
different marine mammal groups (based
on hearing sensitivity) as a result of
exposure to noise from two different
types of sources (impulsive or nonimpulsive). As described above, SIO’s
proposed activity includes the use of
intermittent and impulsive seismic
sources. These thresholds are provided
in Table 3.
These thresholds are provided in the
table below. The references, analysis,
and methodology used in the
development of the thresholds are
described in NMFS 2016 Technical
Guidance, which may be accessed at:
https://www.nmfs.noaa.gov/pr/acoustics/
guidelines.htm.
TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS
PTS onset thresholds
Hearing group
Impulsive *
Low-Frequency (LF) Cetaceans ..............................................................
Mid-Frequency (MF) Cetaceans .............................................................
High-Frequency (HF) Cetaceans ............................................................
Phocid Pinnipeds (PW) (Underwater) .....................................................
Otariid Pinnipeds (OW) (Underwater) .....................................................
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
Lpk,flat:
219
230
202
218
232
dB
dB
dB
dB
dB
Non-impulsive
LE,LF,24h: 183 dB ...
LE,MF,24h: 185 dB ..
LE,HF,24h: 155 dB ...
LE,PW,24h: 185 dB ..
LE,OW,24h: 203 dB ..
LE,LF,24h: 199 dB.
LE,MF,24h: 198 dB.
LE,HF,24h: 173 dB.
LE,PW,24h: 201 dB.
LE,OW,24h: 219 dB.
Note:* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a nonimpulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds
should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure
is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being
included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
sradovich on DSK3GMQ082PROD with NOTICES
Ensonified Area
Here, we describe operational and
environmental parameters of the activity
that will feed into estimating the area
ensonified above the acoustic
thresholds.
The survey would entail the use of a
2-airgun array with a total discharge of
90 in3 at a tow depth of 2–4 m. The
distances to the predicted isopleths
corresponding to the threshold for Level
B harassment (160 dB re 1 mPa) were
calculated for both array configurations
based on results of modeling performed
by LDEO. Received sound levels were
predicted by LDEO’s model (Diebold et
al. 2010) as a function of distance from
the airgun array. The LDEO modeling
approach uses ray tracing for the direct
wave traveling from the array to the
receiver and its associated source ghost
(reflection at the air-water interface in
the vicinity of the array), in a constantvelocity half-space (infinite
homogeneous ocean layer unbounded
by a seafloor). In addition, propagation
measurements of pulses from a 36airgun array at a tow depth of 6 m have
been reported in deep water (∼1,600 m),
intermediate water depth on the slope
(∼600–1100 m), and shallow water (∼50
m) in the Gulf of Mexico in 2007–2008
(Tolstoy et al. 2009; Diebold et al. 2010).
The estimated distances to Level B
harassment isopleths for the two
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configurations of the Atlantis airgun
array are shown in Table 4.
TABLE 4—PREDICTED RADIAL DISTANCES FROM R/V ATLANTIS 90 IN3
SEISMIC SOURCE TO ISOPLETH CORRESPONDING TO LEVEL B HARASSMENT THRESHOLD
Predicted
distance to
threshold (160
dB re 1 μPa)
Array configuration
2 m airgun separation ..........
8 m airgun separation ..........
578 m
539 m
For modeling of radial distances to
predicted isopleths corresponding to
harassment thresholds in deep water
(>1,000 m), LDEO used the deep-water
radii for various Sound Exposure Levels
obtained from LDEO model results
down to a maximum water depth of
2,000 m (see Figures 2 and 3 in the IHA
application). LDEO’s modeling
methodology is described in greater
detail in the IHA application (LGL,
2018) and we refer to the reader to that
document rather than repeating it here.
Predicted distances to Level A
harassment isopleths, which vary based
on marine mammal functional hearing
groups (Table 3), were calculated based
on modeling performed by LDEO using
the Nucleus software program and the
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NMFS User Spreadsheet, described
below. The updated acoustic thresholds
for impulsive sounds (such as airguns)
contained in the Technical Guidance
(NMFS, 2016) were presented as dual
metric acoustic thresholds using both
cumulative sound exposure level
(SELcum) and peak sound pressure level
metrics. As dual metrics, NMFS
considers onset of PTS (Level A
harassment) to have occurred when
either one of the two metrics is
exceeded (i.e., metric resulting in the
largest isopleth). The SELcum metric
considers both level and duration of
exposure, as well as auditory weighting
functions by marine mammal hearing
group. In recognition of the fact that the
requirement to calculate Level A
harassment ensonified areas could be
more technically challenging to predict
due to the duration component and the
use of weighting functions in the new
SELcum thresholds, NMFS developed an
optional User Spreadsheet that includes
tools to help predict a simple isopleth
that can be used in conjunction with
marine mammal density or occurrence
to facilitate the estimation of take
numbers.
The values for SELcum and peak SPL
for the Atlantis airgun array were
derived from calculating the modified
farfield signature (Table 5). The farfield
signature is often used as a theoretical
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representation of the source level. To
compute the farfield signature, the
source level is estimated at a large
distance below the array (e.g., 9 km),
and this level is back projected
mathematically to a notional distance of
1 m from the array’s geometrical center.
However, when the source is an array of
multiple airguns separated in space, the
source level from the theoretical farfield
signature is not necessarily the best
measurement of the source level that is
physically achieved at the source
(Tolstoy et al. 2009). Near the source (at
short ranges, distances <1 km), the
pulses of sound pressure from each
individual airgun in the source array do
not stack constructively, as they do for
the theoretical farfield signature. The
pulses from the different airguns spread
out in time such that the source levels
observed or modeled are the result of
the summation of pulses from a few
airguns, not the full array (Tolstoy et al.
2009). At larger distances, away from
the source array center, sound pressure
of all the airguns in the array stack
coherently, but not within one time
sample, resulting in smaller source
levels (a few dB) than the source level
derived from the farfield signature.
Because the farfield signature does not
take into account the array effect near
the source and is calculated as a point
source, the modified farfield signature is
a more appropriate measure of the
sound source level for distributed sound
sources, such as airgun arrays. Though
the array effect is not expected to be as
pronounced in the case of a 2-airgun
array as it would be with a larger airgun
array, the modified farfield method is
considered more appropriate than use of
the theoretical farfield signature.
TABLE 5—MODELED SOURCE LEVELS (dB) FOR R/V ATLANTIS 90 IN3 AIRGUN ARRAY
Functional hearing group
8-kt survey
with
8-m airgun
separation:
Peak SPLflat
Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ...........................
Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB) ............................
High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB) ..........................
Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ..................
Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ..................
228.8 ..........
N/A .............
233 .............
230 .............
N/A .............
In order to more realistically
incorporate the Technical Guidance’s
weighting functions over the seismic
array’s full acoustic band, unweighted
spectrum data for the Atlantis’s airgun
array (modeled in 1 Hz bands) was used
to make adjustments (dB) to the
unweighted spectrum levels, by
frequency, according to the weighting
functions for each relevant marine
mammal hearing group. These adjusted/
weighted spectrum levels were then
converted to pressures (mPa) in order to
integrate them over the entire
broadband spectrum, resulting in
broadband weighted source levels by
hearing group that could be directly
incorporated within the User
Spreadsheet (i.e., to override the
Spreadsheet’s more simple weighting
factor adjustment). Using the User
Spreadsheet’s ‘‘safe distance’’
methodology for mobile sources
(described by Sivle et al., 2014) with the
hearing group-specific weighted source
levels, and inputs assuming spherical
spreading propagation, a source velocity
of 2.57 m/second (for the 2 m airgun
separation survey) and 4.12 m/second
(for the 8 m airgun separation survey),
and a shot interval of 9.72 seconds (for
the 2 m airgun separation survey) and
8-kt survey
with
8-m airgun
separation:
SELcum
207
206.7
207.6
206.7
203
5-kt survey
with
2-m airgun
separation:
Peak SPLflat
232.8
229.8
232.9
232.8
225.6
5-kt survey
with
2-m airgun
separation:
SELcum
206.7
206.9
207.2
206.9
207.4
12.15 seconds (for the 8 m airgun
separation survey) (LGL, 2018),
potential radial distances to auditory
injury zones were calculated for SELcum
thresholds, for both array
configurations. Inputs to the User
Spreadsheet are shown in Table 5.
Outputs from the User Spreadsheet in
the form of estimated distances to Level
A harassment isopleths are shown in
Table 6. As described above, the larger
distance of the dual criteria (SELcumor
Peak SPLflat) is used for estimating takes
by Level A harassment. The weighting
functions used are shown in Table 3 of
the IHA application.
TABLE 6—MODELED RADIAL DISTANCES (m) FROM R/V ATLANTIS 90 IN3 AIRGUN ARRAY TO ISOPLETHS CORRESPONDING
TO LEVEL A HARASSMENT THRESHOLDS
8-kt survey
with
8-m airgun
separation:
Peak SPLflat
Functional hearing group
(Level A harassment thresholds)
sradovich on DSK3GMQ082PROD with NOTICES
Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ........................
Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB) ........................
High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB) ......................
Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ..............
Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ...............
8-kt survey
with
8-m airgun
separation:
SELcum
3.08
0
1 35.53
4.02
0
2.4
0
0
0
0
5-kt survey
with
2-m airgun
separation:
Peak SPLflat
4.89
0.98
1 35.13
5.51
0.48
5-kt survey
with
2-m airgun
separation:
SELcum
6.5
0
0
0.1
0
1 Distances to isopleths corresponding to Level A harassment threshold for HF cetaceans (peak SPL) have been revised from those shown in
the proposed IHA based on use of radial distances (vs radii) to estimate Level A isopleths for high frequency cetaceans.
We note that radial distances to
isopleths corresponding to the Level A
harassment threshold for high frequency
cetaceans shown in Table 6, for the peak
SPL metric, are slightly different than
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the distances that were presented in the
proposed IHA. The proposed IHA
presented the radii (versus radial
distances) to the Level A isopleth for
high frequency cetaceans, for the peak
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SPL metric, as shown in Table 6 of the
IHA application (the distances to radii
are 34.62 m for the 2-m airgun
separation survey and 34.84 m for the 8m airgun separation survey). However,
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as radial distances to the Level A
isopleth for high frequency cetaceans,
for the peak SPL metric, are slightly
larger than the radii, we determined
that, to be conservative, the radial
distances (as shown in Table 6) should
be used to calculate ensonified areas
and to estimate take.
Note that because of some of the
assumptions included in the methods
used, isopleths produced may be
overestimates to some degree, which
will ultimately result in some degree of
overestimate of Level A take. However,
these tools offer the best way to predict
appropriate isopleths when more
sophisticated 3D modeling methods are
not available, and NMFS continues to
develop ways to quantitatively refine
these tools and will qualitatively
address the output where appropriate.
For mobile sources, such as the
proposed seismic survey, the User
Spreadsheet predicts the closest
distance at which a stationary animal
would not incur PTS if the sound source
traveled by the animal in a straight line
at a constant speed.
Marine Mammal Occurrence
In this section we provide the
information about the presence, density,
or group dynamics of marine mammals
that will inform the take calculations.
The best available scientific information
was considered in conducting marine
mammal exposure estimates (the basis
for estimating take). For all cetacean
species, densities calculated by
Mannocci et al. (2017) were used. These
represent the most comprehensive and
recent density data available for
cetacean species in the survey area.
Mannocci et al. (2017) modeled marine
mammal densities using available line
transect survey data and habitat-based
covariates and extrapolated model
predictions to unsurveyed regions,
including the proposed survey area. The
authors considered line transect surveys
that used two or more protected species
observers and met the assumptions of
the distance sampling methodology as
presented by Buckland et al. (2001), and
included data from shipboard and aerial
surveys conducted from 1992 to 2014 by
multiple U.S. organizations (details
provided in Roberts et al. (2016)). The
data underlying the model predictions
for the proposed survey area originated
from shipboard survey data presented in
Waring et al. (2008). To increase the
success of model transferability to new
regions, the authors considered
biological covariates expected to be
related directly to cetacean densities
(Wenger & Olden, 2012), namely
biomass and production of epipelagic
micronekton and zooplankton predicted
with the Spatial Ecosystem and
Population DYnamics Model
(SEAPODYM) (Lehodey et al. 2010).
Zooplankton and epipelagic
micronekton (i.e., squid, crustaceans,
and fish) constitute potential prey for
many of the cetaceans considered, in
particular dolphins and mysticetes
(Pauly et al. 1998), and all these
covariates correlate with cetacean
distributions (e.g., Ferguson et al. 2006;
Doniol-Valcroze et al. 2007; Lambert et
al. 2014). There is some uncertainty
related to the estimated density data and
the assumptions used in their
calculations, as with all density data
estimates. However, the approach used
is based on the best available data.
Take Calculation and Estimation
Here we describe how the information
provided above is brought together to
produce a quantitative take estimate. In
order to estimate the number of marine
mammals predicted to be exposed to
sound levels that would result in Level
B harassment or Level A harassment,
radial distances to predicted isopleths
corresponding to the Level A
harassment and Level B harassment
thresholds are calculated, as described
above (Table 7). Those distances are
then used to calculate the area(s) around
the airgun array predicted to be
ensonified to sound levels that exceed
the Level A and Level B harassment
thresholds. The areas estimated to be
ensonified in a single day of the survey
are then calculated, based on the areas
predicted to be ensonified around the
array and the estimated trackline
distance traveled per day (Table 8). This
number is then multiplied by the
number of survey days (i.e., 7.5 days for
the 5-kt survey with 2-m airgun
separation and 17.5 days for the 8-kt
survey with 8-m airgun separation). The
product is then multiplied by 1.25 to
account for an additional 25 percent
contingency for potential additional
seismic operations due to airgun testing,
mechanical failure, etc. This results in
an estimate of the total areas (km2)
expected to be ensonified to the Level
A harassment and Level B harassment
thresholds. For purposes of Level B take
calculations, areas estimated to be
ensonified to Level A harassment
thresholds are subtracted from total
areas estimated to be ensonified to Level
B harassment thresholds in order to
avoid double counting the animals
taken (i.e., if an animal is taken by Level
A harassment, it is not also counted as
taken by Level B harassment). Areas
estimated to be ensonified over the
duration of the survey are shown in
Table 9. The marine mammals predicted
to occur within these respective areas,
based on estimated densities, are
assumed to be incidentally taken.
Estimated takes for all marine mammal
species are shown in Table 10.
TABLE 7—DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS
Survey
All marine
mammals
5-kt survey with 2-m airgun separation ...
8-kt survey with 8-m airgun separation ...
sradovich on DSK3GMQ082PROD with NOTICES
Level A harassment threshold 1
Level B
harassment
threshold
Low frequency
cetaceans
Mid frequency
cetaceans
6.5
3.08
High
frequency
cetaceans
0.98
0
539
578
2 35.13
2 35.53
Otariid
pinnipeds
5.51
4.02
Phocid
pinnipeds
0.48
0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SEL
cum and
peak SPL).
2 Distances to isopleths corresponding to Level A harassment threshold for HF cetaceans have been revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A isopleths for high frequency cetaceans, as described above.
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TABLE 8—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS PER DAY
Level A harassment threshold 1
Level B
harassment
threshold
Survey
Low frequency
cetaceans
All marine
mammals
5-kt survey with 2-m airgun separation ...
8-kt survey with 8-m airgun separation ...
Mid frequency
cetaceans
2.90
2.19
High
frequency
cetaceans
0.44
0
240.68
412.10
Otariid
pinnipeds
2 15.63
2.45
2.86
2 25.28
Phocid
pinnipeds
0.21
0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SEL
cum and
peak SPL).
2 Ensonified areas have been revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A
isopleths for high frequency cetaceans, as described above.
Note: Estimated areas shown for single day do not include additional 25 percent contingency.
TABLE 9—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS OVER
DURATION OF SURVEY
Level A harassment threshold 1
Level B
harassment
threshold
Survey
Low frequency
cetaceans
All marine
mammals
5-kt survey with 2-m airgun separation ...
8-kt survey with 8-m airgun separation ...
Mid frequency
cetaceans
27.10
47.84
4.09
0
2256.33
9014.56
High
frequency
cetaceans
2146.57
2552.93
Otariid
pinnipeds
22.97
62.50
Phocid
pinnipeds
2.0
0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SEL
cum and
peak PL).
2 Ensonified areas have been revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A
isopleths for high frequency cetaceans, as described above.
Note: Estimated areas shown include additional 25 percent contingency.
TABLE 10—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED
sradovich on DSK3GMQ082PROD with NOTICES
Species
Density
(#/1,000 km 2)
Humpback whale 2 .......
Minke whale .................
Bryde’s whale ...............
Sei whale 2 ...................
Fin whale ......................
Blue whale ...................
Sperm whale ................
Cuvier’s beaked whale 3
Northern bottlenose
whale 4 ......................
True’s beaked whale 3
Gervais beaked whale 3
Sowerby’s beaked
whale 3 ......................
Blainville’s beaked
whale 3 ......................
Rough-toothed dolphin
Bottlenose dolphin 4 .....
Pantropical spotted dolphin ...........................
Atlantic spotted dolphin
Striped dolphin .............
Atlantic white-sided dolphin 4 .........................
White-beaked dolphin ..
Common dolphin ..........
Risso’s dolphin 4 ...........
Pygmy killer whale 5 .....
False killer whale .........
Killer whale 5 6 ........
VerDate Sep<11>2014
17:11 Jun 14, 2018
Estimated
Level A takes
Authorized
Level A takes
Estimated
Level B takes
Authorized
Level B takes
Total takes
authorized
Total
instances of
takes as a
percentage of
SAR
abundance 1
10
4
0.1
10
8
0
40
60
1
0
0
1
1
0
0
0
0
0
0
0
0
0
0
0
112
45
1
112
89
0
451
135
113
45
1
113
90
1
451
135
113
45
1
113
90
1
451
135
* 0.9
* 0.2
unknown
31.4
* 2.6
0.2
19.7
2.0
0.8
60
60
0
0
0
0
0
0
9
135
135
9
135
135
9
135
135
unknown
1.9
1.9
60
0
0
135
135
135
1.9
60
3
60
0
0
0
0
0
0
135
34
676
135
34
676
135
34
676
1.9
12.5
0.9
10
40
80
0
0
0
0
0
0
113
451
902
113
451
902
113
451
902
3.4
1.0
1.6
60
1
800
20
1.5
2
0.2
0
0
3
0
0
0
0
0
0
0
0
0
0
0
676
11
9014
225
17
23
2
676
11
9017
225
17
23
5
676
11
9017
225
17
23
5
1.4
0.6
* 5.2
1.2
unknown
5.2
unknown
Jkt 244001
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TABLE 10—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED—Continued
Species
Density
(#/1,000 km 2)
Long-finned/shortfinned Pilot
whale 7 ................
Pygmy/dwarf sperm
whale ........................
Harbor porpoise 8 .........
Ringed seal 5 ................
Hooded seal .................
Harp seal ......................
Estimated
Level A takes
Authorized
Level A takes
Estimated
Level B takes
Authorized
Level B takes
Total takes
authorized
Total
instances of
takes as a
percentage of
SAR
abundance 1
200
1
0
2253
2254
2254
8.3
0.6
60
0
0
0
0
42
0
0
0
0
42
0
0
0
7
634
0
0
0
7
634
1
1
1
7
676
1
1
1
0.2
0.8
unknown
<0.1
<0.1
sradovich on DSK3GMQ082PROD with NOTICES
1 While we have in most cases provided comparisons of the instances of takes as a percentage of SAR abundance as the best available information regarding population abundance, we note that these are likely underestimates of the relevant North Atlantic populations, as the proposed
survey area is outside the U.S. EEZ.
* Instances of takes are shown as a percentage of abundance as described by TNASS or NMFS Status Review, as described above.
2 Level A takes of these species were estimated based on NMFS’ take calculation methodology, but NMFS has determined Level A take of
these species is not likely to occur, as described in more detail in the text below. To avoid undercounting the takes estimated to occur, the number of takes by Level A harassment that had been estimated for these species, but that NMFS has determined are unlikely to occur as described
below, are therefore assumed to be Level B harassment takes. Thus the number of Level A harassment takes that had been calculated for these
species has been added to the number of Level B takes authorized for the species.
3 Density value represents the density for all beaked whale species combined. Requested take and take authorized are based on the proportion of all beaked whales expected to be taken (thus 677 total estimated beaked whale takes were calculated based on the density of all beaked
whales combined, and this number has been divided by 5 (for the 5 species of beaked whales expected to be taken) for a total of 135 takes per
species of beaked whale.
4 Number of take authorized has been revised slightly from that shown in proposed IHA due to math error.
5 The population abundance for the species is unknown.
6 Authorized take number for killer whales has been increased from the calculated take to mean group size for the species. Source for mean
group size is Waring et al. (2008).
7 Values for density, take number, and percentage of population authorized are for short-finned and long-finned pilot whales combined.
8 Number of Level A and Level B takes authorized is slightly different than shown in proposed IHA due to use of radial distance (vs radii) to
level A isopleth as described above.
For some marine mammal species, we
authorize a different number of
incidental takes than the number of
incidental takes requested by SIO (see
Table 8 in the IHA application for
requested take numbers). For instance,
SIO requested 1 take of a North Atlantic
right whale and 3 takes of bowhead
whales; however, we have determined
the likelihood of the survey
encountering these species is so low as
to be discountable, therefore we do not
authorize takes of these species. Also,
SIO requested Level A takes of
humpback whales, sei whales, fin
whales, common dolphins, and pilot
whales; however, due to very small
zones corresponding to Level A
harassment for low-frequency and midfrequency cetaceans (Table 6) we have
determined the likelihood of Level A
take occurring for species from these
functional hearing groups is so low as
to be discountable, therefore we do not
authorize Level A take of these species.
Note that the Level A takes that were
calculated for these species (humpback
whales, sei whales, fin whales, common
dolphins, and pilot whales) have been
included in the number of Level B takes.
Finally, SIO requested 2,254 takes of
short-finned pilot whales and 2,254
takes of long-finned pilot whales (total
4,508 pilot whale takes requested);
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however, as Mannocci et al. (2017)
presents one single density estimate for
all pilot whales (the pilot whale
‘‘guild’’), a total of 2,254 takes of pilot
whales were calculated as potentially
taken by the proposed survey. Thus
SIO’s request take number is actually
double the number of take that was
calculated. We do not think doubling
the take estimate is warranted, thus we
authorize a total of 2,254 takes of pilot
whales (short-finned and long-finned
pilot whales combined). We note that
numbers of take authorized for
bottlenose dolphin, Atlantic white-sided
dolphin, and Risso’s dolphin have
changed slightly (each has been reduced
by one take) from the numbers of take
presented in the proposed IHA due to a
math error. We note also that the
number of instances of authorized Level
A take of harbor porpoise has increased
by one, and the number of instances of
authorized Level B take of harbor
porpoise has decreased by one, versus
the numbers of take presented in the
proposed IHA, due to the slight change
in the estimate of the Level A ensonified
area for high frequency cetaceans as
described above; the total number of
harbor porpoise takes has not changed
from the total presented in the proposed
IHA.
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Species with Take Estimates Less than
Mean Group Size: Using the approach
described above to estimate take, the
take estimate for killer whales was less
than the average group size estimated
for the species (Waring et al., 2008).
Information on the social structure and
life history of the species indicates it is
common for the species to be
encountered in groups. The results of
take calculations support the likelihood
that SIO’s survey may encounter and
incidentally take the species, and we
believe it is likely that the species may
be encountered in groups; therefore it is
reasonable to conservatively assume
that one group of the species will be
taken during the proposed survey. We
therefore authorize the take of the
average (mean) group size for the
species to account for the possibility
that SIO’s survey encounters a group of
killer whales.
Species with No Available Density
Data: No density data were available for
the blue whale; however, blue whales
have been observed in the survey area
(Waring et al., 2008), thus we
determined there is a possibility that the
proposed survey may encounter one
blue whale and that one blue whale may
be taken by Level B harassment by the
proposed survey; we therefore authorize
one take of blue whale as requested by
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sradovich on DSK3GMQ082PROD with NOTICES
SIO. No density data were available for
ringed seal, hooded seal or harp seal;
however based on the ranges of these
species we have determined it is
possible they may be encountered and
taken by Level B harassment by the
proposed survey, therefore we authorize
one take of each species as requested by
SIO.
It should be noted that the take
numbers shown in Table 10 are believed
to be conservative for several reasons.
First, in the calculations of estimated
take, 25 percent has been added in the
form of operational survey days
(equivalent to adding 25 percent to the
proposed line km to be surveyed) to
account for the possibility of additional
seismic operations associated with
airgun testing, and repeat coverage of
any areas where initial data quality is
sub-standard.
Mitigation
In order to issue an IHA 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 impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses (latter not
applicable for this action). NMFS
regulations require applicants for
incidental take authorizations to include
information about the availability and
feasibility (economic and technological)
of equipment, methods, and manner of
conducting such activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or
may not be appropriate to ensure the
least practicable adverse impact on
species or stocks and their habitat, as
well as subsistence uses where
applicable, we carefully consider two
primary factors:
(1) The manner in which, and the
degree to which, the successful
implementation of the measure(s) is
expected to reduce impacts to marine
mammals, marine mammal species or
stocks, and their habitat. This considers
the nature of the potential adverse
impact being mitigated (likelihood,
scope, range). It further considers the
likelihood that the measure will be
effective if implemented (probability of
accomplishing the mitigating result if
implemented as planned) the likelihood
of effective implementation (probability
implemented as planned); and
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(2) The practicability of the measures
for applicant implementation, which
may consider such things as cost,
impact on operations, and, in the case
of a military readiness activity,
personnel safety, practicality of
implementation, and impact on the
effectiveness of the military readiness
activity.
SIO has reviewed mitigation measures
employed during seismic research
surveys authorized by NMFS under
previous incidental harassment
authorizations, as well as recommended
best practices in Richardson et al.
(1995), Pierson et al. (1998), Weir and
Dolman (2007), Nowacek et al. (2013),
Wright (2014), and Wright and
Cosentino (2015), and has incorporated
a suite of mitigation measures into their
project description based on the above
sources.
To reduce the potential for
disturbance from acoustic stimuli
associated with the activities, SIO has
proposed to implement the following
mitigation measures for marine
mammals:
(1) Vessel-based visual mitigation
monitoring;
(2) Establishment of a marine
mammal exclusion zone (EZ);
(3) Shutdown procedures;
(4) Ramp-up procedures; and
(5) Vessel strike avoidance measures.
In addition to the measures proposed
by SIO, NMFS has incorporated the
following mitigation measure:
Establishment of a marine mammal
buffer zone.
PSO observations will take place
during all daytime airgun operations
and nighttime start-ups (if applicable) of
the airguns. If airguns are operating
throughout the night, observations will
begin 30 minutes prior to sunrise. If
airguns are operating after sunset,
observations will continue until 30
minutes following sunset. Following a
shutdown for any reason, observations
will occur for at least 30 minutes prior
to the planned start of airgun
operations. Observations will also occur
for 30 minutes after airgun operations
cease for any reason. Observations will
also be made during daytime periods
when the Atlantis is underway without
seismic operations, such as during
transits, to allow for comparison of
sighting rates and behavior with and
without airgun operations and between
acquisition periods. Airgun operations
will be suspended when marine
mammals are observed within, or about
to enter, the designated EZ (as described
below).
During seismic operations, three
visual PSOs will be based aboard the
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Atlantis. PSOs will be appointed by SIO
with NMFS approval. During the
majority of seismic operations, two
PSOs will monitor for marine mammals
around the seismic vessel. A minimum
of one PSO must be on duty at all times
when the array is active. PSO(s) will be
on duty in shifts of duration no longer
than 4 hours. Other crew will also be
instructed to assist in detecting marine
mammals and in implementing
mitigation requirements (if practical).
Before the start of the seismic survey,
the crew will be given additional
instruction in detecting marine
mammals and implementing mitigation
requirements.
The Atlantis is a suitable platform
from which PSOs will watch for marine
mammals. Standard equipment for
marine mammal observers will be 7 × 50
reticule binoculars and optical range
finders. At night, night-vision
equipment will be available. The
observers will be in communication
with ship’s officers on the bridge and
scientists in the vessel’s operations
laboratory, so they can advise promptly
of the need for avoidance maneuvers or
seismic source shutdown.
The PSOs must have no tasks other
than to conduct observational effort,
record observational data, and
communicate with and instruct relevant
vessel crew with regard to the presence
of marine mammals and mitigation
requirements. PSO resumes will be
provided to NMFS for approval. At least
one PSO must have a minimum of 90
days at-sea experience working as PSOs
during a seismic survey. One
‘‘experienced’’ visual PSO will be
designated as the lead for the entire
protected species observation team. The
lead will serve as primary point of
contact for the vessel operator. The
PSOs must have successfully completed
relevant training, including completion
of all required coursework and passing
a written and/or oral examination
developed for the training program, and
must have successfully attained a
bachelor’s degree from an accredited
college or university with a major in one
of the natural sciences and a minimum
of 30 semester hours or equivalent in
the biological sciences and at least one
undergraduate course in math or
statistics. The educational requirements
may be waived if the PSO has acquired
the relevant skills through alternate
training, including (1) secondary
education and/or experience
comparable to PSO duties; (2) previous
work experience conducting academic,
commercial, or government-sponsored
marine mammal surveys; or (3) previous
work experience as a PSO; the PSO
should demonstrate good standing and
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consistently good performance of PSO
duties.
Exclusion Zone and Buffer Zone
An EZ is a defined area within which
occurrence of a marine mammal triggers
mitigation action intended to reduce the
potential for certain outcomes, e.g.,
auditory injury, disruption of critical
behaviors. The PSOs will establish a
minimum EZ with a 100 m radius for
the airgun array. The 100 m EZ will be
based on radial distance from any
element of the airgun array (rather than
being based on the center of the array
or around the vessel itself). With certain
exceptions (described below), if a
marine mammal appears within, enters,
or appears on a course to enter this
zone, the acoustic source will be shut
down (see Shutdown Procedures
below).
The 100 m radial distance of the
standard EZ is precautionary in the
sense that it would be expected to
contain sound exceeding injury criteria
for all marine mammal hearing groups
(Table 6) while also providing a
consistent, reasonably observable zone
within which PSOs would typically be
able to conduct effective observational
effort. In this case, the 100 m radial
distance would also be expected to
contain sound that would exceed the
Level A harassment threshold based on
sound exposure level (SELcum) criteria
for all marine mammal hearing groups
(Table 6). In the 2011 Programmatic
Environmental Impact Statement for
marine scientific research funded by the
National Science Foundation or the U.S.
Geological Survey (NSF–USGS 2011),
Alternative B (the Preferred Alternative)
conservatively applied a 100 m EZ for
all low-energy acoustic sources in water
depths >100 m, with low-energy
acoustic sources defined as any towed
acoustic source with a single or a pair
of clustered airguns with individual
volumes of ≤250 in3. Thus the 100 m EZ
for this survey is consistent with the
PEIS.
Our intent in prescribing a standard
EZ distance is to (1) encompass zones
within which auditory injury could
occur on the basis of instantaneous
exposure; (2) provide additional
protection from the potential for more
severe behavioral reactions (e.g., panic,
antipredator response) for marine
mammals at relatively close range to the
acoustic source; (3) provide consistency
for PSOs, who need to monitor and
implement the EZ; and (4) define a
distance within which detection
probabilities are reasonably high for
most species under typical conditions.
PSOs will also establish and monitor
a 200 m buffer zone. During use of the
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acoustic source, occurrence of marine
mammals within the buffer zone (but
outside the EZ) will be communicated
to the operator to prepare for potential
shutdown of the acoustic source. The
buffer zone is discussed further under
Ramp Up Procedures below.
Shutdown Procedures
If a marine mammal is detected
outside the EZ but is likely to enter the
EZ, the airguns will be shut down before
the animal is within the EZ. Likewise,
if a marine mammal is already within
the EZ when first detected, the airguns
will be shut down immediately.
Following a shutdown, airgun activity
will not resume until the marine
mammal has cleared the 100 m EZ. The
animal will be considered to have
cleared the 100 m EZ if the following
conditions have been met:
• It is visually observed to have
departed the 100 m EZ; or
• it has not been seen within the 100
m EZ for 15 min in the case of small
odontocetes and pinnipeds; or
• it has not been seen within the 100
m EZ for 30 min in the case of
mysticetes and large odontocetes,
including sperm, pygmy and dwarf
sperm, and beaked whales.
This shutdown requirement will be in
place for all marine mammals, with the
exception of small delphinoids under
certain circumstances. As defined here,
the small delphinoid group is intended
to encompass those members of the
Family Delphinidae most likely to
voluntarily approach the source vessel
for purposes of interacting with the
vessel and/or airgun array (e.g., bow
riding). This exception to the shutdown
requirement will apply solely to specific
genera of small dolphins—Tursiops,
Steno, Stenella, Lagenorhynchus and
Delphinus—and will only apply if the
animals were traveling, including
approaching the vessel. If, for example,
an animal or group of animals is
stationary for some reason (e.g., feeding)
and the source vessel approaches the
animals, the shutdown requirement
applies. An animal with sufficient
incentive to remain in an area rather
than avoid an otherwise aversive
stimulus could either incur auditory
injury or disruption of important
behavior. If there is uncertainty
regarding identification (i.e., whether
the observed animal(s) belongs to the
group described above) or whether the
animals are traveling, the shutdown will
be implemented.
We include this small delphinoid
exception because shutdown
requirements for small delphinoids
under all circumstances represent
practicability concerns without likely
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commensurate benefits for the animals
in question. Small delphinoids are
generally the most commonly observed
marine mammals in the specific
geographic region and would typically
be the only marine mammals likely to
intentionally approach the vessel. As
described below, auditory injury is
extremely unlikely to occur for midfrequency cetaceans (e.g., delphinids),
as this group is relatively insensitive to
sound produced at the predominant
frequencies in an airgun pulse while
also having a relatively high threshold
for the onset of auditory injury (i.e.,
permanent threshold shift). Please see
the Federal Register notice of proposed
IHA (83 FR 18644; April 27, 2018) for
further discussion of sound metrics and
thresholds and marine mammal hearing.
A large body of anecdotal evidence
indicates that small delphinoids
commonly approach vessels and/or
towed arrays during active sound
production for purposes of bow riding,
with no apparent effect observed in
those delphinoids (e.g., Barkaszi et al.,
2012). The potential for increased
shutdowns resulting from such a
measure would require the Atlantis to
revisit the missed track line to reacquire
data, resulting in an overall increase in
the total sound energy input to the
marine environment and an increase in
the total duration over which the survey
is active in a given area. Although other
mid-frequency hearing specialists (e.g.,
large delphinoids) are no more likely to
incur auditory injury than are small
delphinoids, they are much less likely
to approach vessels. Therefore, retaining
a shutdown requirement for large
delphinoids would not have similar
impacts in terms of either practicability
for the applicant or corollary increase in
sound energy output and time on the
water. We do anticipate some benefit for
a shutdown requirement for large
delphinoids in that it simplifies
somewhat the total range of decisionmaking for PSOs and may preclude any
potential for physiological effects other
than to the auditory system as well as
some more severe behavioral reactions
for any such animals in close proximity
to the source vessel.
Shutdown of the acoustic source will
also be required upon observation of
any of the following:
• A large whale (i.e., sperm whale or
any baleen whale) with a calf observed
at any distance;
• an aggregation of six or more large
whales of any species (i.e., sperm whale
or any baleen whale) that does not
appear to be traveling (e.g., feeding,
socializing, etc.) observed at any
distance; or
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• a species for which authorization
has not been granted, or, a species for
which authorization has been granted
but the authorized number of takes are
met, observed approaching or within the
Level A or B harassment zone.
Ramp-up Procedures
Ramp-up of an acoustic source is
intended to provide a gradual increase
in sound levels following a shutdown,
enabling animals to move away from the
source if the signal is sufficiently
aversive prior to its reaching full
intensity. Ramp-up will be required
after the array is shut down for any
reason. Ramp-up will begin with the
activation of one 45 in3 airgun, with the
second 45 in3 airgun activated after 5
minutes.
At least two PSOs will be required to
monitor during ramp-up. During ramp
up, the PSOs will monitor the EZ, and
if marine mammals were observed
within the EZ or buffer zone, a
shutdown will be implemented as
though the full array were operational.
If airguns have been shut down due to
PSO detection of a marine mammal
within or approaching the 100 m EZ,
ramp-up will not be initiated until all
marine mammals have cleared the EZ,
during the day or night. Criteria for
clearing the EZ will be as described
above.
Thirty minutes of pre-clearance
observation are required prior to rampup for any shutdown of longer than 30
minutes (i.e., if the array were shut
down during transit from one line to
another). This 30 minute pre-clearance
period may occur during any vessel
activity (i.e., transit). If a marine
mammal were observed within or
approaching the 100 m EZ during this
pre-clearance period, ramp-up will not
be initiated until all marine mammals
cleared the EZ. Criteria for clearing the
EZ will be as described above. If the
airgun array has been shut down for
reasons other than mitigation (e.g.,
mechanical difficulty) for a period of
less than 30 minutes, it may be activated
again without ramp-up if PSOs have
maintained constant visual observation
and no detections of any marine
mammal have occurred within the EZ or
buffer zone. Ramp-up will be planned to
occur during periods of good visibility
when possible. However, ramp-up is
allowed at night and during poor
visibility if the 100 m EZ and 200 m
buffer zone have been monitored by
visual PSOs for 30 minutes prior to
ramp-up.
The operator is required to notify a
designated PSO of the planned start of
ramp-up as agreed-upon with the lead
PSO; the notification time should not be
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less than 60 minutes prior to the
planned ramp-up. A designated PSO
must be notified again immediately
prior to initiating ramp-up procedures
and the operator must receive
confirmation from the PSO to proceed.
The operator must provide information
to PSOs documenting that appropriate
procedures were followed. Following
deactivation of the array for reasons
other than mitigation, the operator is
required to communicate the near-term
operational plan to the lead PSO with
justification for any planned nighttime
ramp-up.
Vessel Strike Avoidance Measures
Vessel strike avoidance measures are
intended to minimize the potential for
collisions with marine mammals. These
requirements do not apply in any case
where compliance creates an imminent
and serious threat to a person or vessel
or to the extent that a vessel is restricted
in its ability to maneuver and, because
of the restriction, cannot comply.
The measures include the following:
Vessel operator and crew will maintain
a vigilant watch for all marine mammals
and slow down or stop the vessel or
alter course to avoid striking any marine
mammal. A visual observer aboard the
vessel will monitor a vessel strike
avoidance zone around the vessel
according to the parameters stated
below. Visual observers monitoring the
vessel strike avoidance zone will be
either third-party observers or crew
members, but crew members
responsible for these duties will be
provided sufficient training to
distinguish marine mammals from other
phenomena. Vessel strike avoidance
measures will be followed during
surveys and while in transit.
The vessel will maintain a minimum
separation distance of 100 m from large
whales (i.e., baleen whales and sperm
whales). If a large whale is within 100
m of the vessel the vessel will reduce
speed and shift the engine to neutral,
and will not engage the engines until
the whale has moved outside of the
vessel’s path and the minimum
separation distance has been
established. If the vessel is stationary,
the vessel will not engage engines until
the whale(s) has moved out of the
vessel’s path and beyond 100 m. The
vessel will maintain a minimum
separation distance of 50 m from all
other marine mammals (with the
exception of delphinids of the genera
Tursiops, Steno, Stenella,
Lagenorhynchus and Delphinus that
approach the vessel, as described
above). If an animal is encountered
during transit, the vessel will attempt to
remain parallel to the animal’s course,
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avoiding excessive speed or abrupt
changes in course. Vessel speeds will be
reduced to 10 knots or less when
mother/calf pairs or large assemblages of
cetaceans (what constitutes ‘‘large’’ will
vary depending on species) are observed
within 500 m of the vessel. Mariners
may use professional judgment as to
when such circumstances warranting
additional caution are present.
Based on our evaluation of the
applicant’s proposed measures, NMFS
has determined that the mitigation
measures provide the means effecting
the least practicable impact on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
In order to issue an IHA 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 authorizations 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 proposed action area.
Effective reporting is critical both to
compliance as well as ensuring that the
most value is obtained from the required
monitoring.
Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) Action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
action; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
cumulative impacts from multiple
stressors;
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• How anticipated responses to
stressors impact either: (1) Long-term
fitness and survival of individual
marine mammals; or (2) populations,
species, or stocks;
• Effects on marine mammal habitat
(e.g., marine mammal prey species,
acoustic habitat, or other important
physical components of marine
mammal habitat); and
• Mitigation and monitoring
effectiveness.
SIO submitted a marine mammal
monitoring and reporting plan in their
IHA application. Monitoring that is
designed specifically to facilitate
mitigation measures, such as monitoring
of the EZ to inform potential shutdowns
of the airgun array, are described above
and are not repeated here.
SIO’s monitoring and reporting plan
includes the following measures:
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Vessel-Based Visual Monitoring
As described above, PSO observations
will take place during daytime airgun
operations and nighttime start-ups (if
applicable) of the airguns. During
seismic operations, three visual PSOs
will be based aboard the Atlantis. PSOs
will be appointed by SIO with NMFS
approval. During the majority of seismic
operations, one PSO will monitor for
marine mammals around the seismic
vessel. PSOs will be on duty in shifts of
duration no longer than 4 hours. Other
crew will also be instructed to assist in
detecting marine mammals and in
implementing mitigation requirements
(if practical). During daytime, PSOs will
scan the area around the vessel
systematically with reticle binoculars
(e.g., 7×50 Fujinon) and with the naked
eye. At night, PSOs will be equipped
with night-vision equipment.
PSOs 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
shutdown 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; and
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(2) Time, location, heading, speed,
activity of the vessel, sea state,
visibility, and sun glare.
All observations and shutdowns 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. The time, location,
heading, speed, activity of the vessel,
sea state, visibility, and sun glare 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.
Results from the vessel-based
observations will provide:
(1) The basis for real-time mitigation
(e.g., airgun shutdown);
(2) Information needed to estimate the
number of marine mammals potentially
taken by harassment, which must be
reported to NMFS;
(3) Data on the occurrence,
distribution, and activities of marine
mammals in the area where the seismic
study is conducted;
(4) Information to compare the
distance and distribution of marine
mammals relative to the source vessel at
times with and without seismic activity;
and
(5) Data on the behavior and
movement patterns of marine mammals
seen at times with and without seismic
activity.
Reporting
A report will be submitted to NMFS
within 90 days after the end of the
survey. The report will describe the
operations that were conducted and
sightings of marine mammals near the
operations. The report will provide full
documentation of methods, results, and
interpretation pertaining to all
monitoring and will summarize the
dates and locations of seismic
operations, 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 occurred above the
harassment threshold based on PSO
observations, including an estimate of
those on the trackline but not detected.
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Negligible Impact Analysis and
Determination
NMFS has defined negligible impact
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
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of takes alone is not enough information
on which to base an impact
determination. In addition to
considering estimates of the number of
marine mammals that might be ‘‘taken’’
through harassment, NMFS considers
other factors, such as the likely nature
of any responses (e.g., intensity,
duration), the context of any responses
(e.g., critical reproductive time or
location, migration), as well as effects
on habitat, and the likely effectiveness
of the mitigation. We also assess the
number, intensity, and context of
estimated takes by evaluating this
information relative to population
status. Consistent with the 1989
preamble for NMFS’s implementing
regulations (54 FR 40338; September 29,
1989), the impacts from other past and
ongoing anthropogenic activities are
incorporated into this analysis via their
impacts on the environmental baseline
(e.g., as reflected in the regulatory status
of the species, population size and
growth rate where known, ongoing
sources of human-caused mortality, or
ambient noise levels).
To avoid repetition, our analysis
applies to all the species listed in Table
2, given that NMFS expects the
anticipated effects of the planned
seismic survey to be similar in nature.
Where there are meaningful differences
between species or stocks, or groups of
species, in anticipated individual
responses to activities, impact of
expected take on the population due to
differences in population status, or
impacts on habitat, NMFS has identified
species-specific factors to inform the
analysis.
NMFS does not anticipate that serious
injury or mortality will occur as a result
of SIO’s planned seismic survey, even in
the absence of mitigation. Thus the
authorization does not authorize any
mortality. As discussed in the Potential
Effects section, non-auditory physical
effects, stranding, and vessel strike are
not expected to occur.
We authorize a limited number of
instances of Level A harassment (Table
10) for one species. However, we believe
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that any PTS incurred in marine
mammals as a result of the planned
activity would be in the form of only a
small degree of PTS and not total
deafness that would not be likely to
affect the fitness of any individuals,
because of the constant movement of
both the Atlantis and of the marine
mammals in the project area, as well as
the fact that the vessel is not expected
to remain in any one area in which
individual marine mammals would be
expected to concentrate for an extended
period of time (i.e., since the duration of
exposure to loud sounds will be
relatively short). Also, as described
above, we expect that marine mammals
would be likely to move away from a
sound source that represents an aversive
stimulus, especially at levels that would
be expected to result in PTS, given
sufficient notice of the Atlantis’s
approach due to the vessel’s relatively
low speed when conducting seismic
surveys. We expect that the majority of
takes would be in the form of short-term
Level B behavioral harassment in the
form of temporary avoidance of the area
or decreased foraging (if such activity
were occurring), reactions that are
considered to be of low severity and
with no lasting biological consequences
(e.g., Southall et al., 2007).
Potential impacts to marine mammal
habitat were discussed previously in
this document (see Potential Effects of
the Specified Activity on Marine
Mammals and their Habitat). Marine
mammal habitat may be impacted by
elevated sound levels, but these impacts
would be temporary. Feeding behavior
is not likely to be significantly
impacted, as marine mammals appear to
be less likely to exhibit behavioral
reactions or avoidance responses while
engaged in feeding activities
(Richardson et al., 1995). Prey species
are mobile and are broadly distributed
throughout the project area; therefore,
marine mammals that may be
temporarily displaced during survey
activities are expected to be able to
resume foraging once they have moved
away from areas with disturbing levels
of underwater noise. Because of the
temporary nature of the disturbance, the
availability of similar habitat and
resources in the surrounding area, and
the lack of important or unique marine
mammal habitat, the impacts to marine
mammals and the food sources that they
utilize are not expected to cause
significant or long-term consequences
for individual marine mammals or their
populations. In addition, there are no
feeding, mating or calving areas known
to be biologically important to marine
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mammals within the proposed project
area.
As described above, though marine
mammals in the survey area would not
be assigned to NMFS stocks, for
purposes of the small numbers analysis
we rely on stock numbers from the U.S.
Atlantic SARs as the best available
information on the abundance estimates
for the species of marine mammals that
could be taken. The activity is expected
to impact a very small percentage of all
marine mammal populations that would
be affected by SIO’s planned survey
(less than 32 percent each for all marine
mammal stocks, when compared with
stocks from the U.S. Atlantic as
described above). Additionally, the
acoustic ‘‘footprint’’ of the proposed
survey would be very small relative to
the ranges of all marine mammals that
would potentially be affected. Sound
levels would increase in the marine
environment in a relatively small area
surrounding the vessel compared to the
range of the marine mammals within the
proposed survey area. The seismic array
would be active 24 hours per day
throughout the duration of the proposed
survey. However, the very brief overall
duration of the proposed survey (25
days) would further limit potential
impacts that may occur as a result of the
proposed activity.
The mitigation measures are expected
to reduce the number and/or severity of
takes by allowing for detection of
marine mammals in the vicinity of the
vessel by visual and acoustic observers,
and by minimizing the severity of any
potential exposures via shutdowns of
the airgun array. Based on previous
monitoring reports for substantially
similar activities that have been
previously authorized by NMFS, we
expect that the mitigation measures will
be effective in preventing at least some
extent of potential PTS in marine
mammals that may otherwise occur in
the absence of mitigation measures.
Of the marine mammal species under
our jurisdiction that are likely to occur
in the project area, the following species
are listed as endangered under the ESA:
fin, sei, blue, and sperm whales. There
are currently insufficient data to
determine population trends for these
species (Hayes et al., 2017); however,
we are authorizing very small numbers
of takes for these species (Table 10),
relative to their population sizes (again,
when compared to U.S. Atlantic stocks,
for purposes of comparison only),
therefore we do not expect populationlevel impacts to any of these species.
The other marine mammal species that
may be taken by harassment during
SIO’s seismic survey are not listed as
threatened or endangered under the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
ESA. There is no designated critical
habitat for any ESA-listed marine
mammals within the project area; of the
non-listed marine mammals for which
we authorize take, none are considered
‘‘depleted’’ or ‘‘strategic’’ by NMFS
under the MMPA.
NMFS concludes that exposures to
marine mammal species due to SIO’s
seismic survey would result in only
short-term (temporary and short in
duration) effects to individuals exposed,
or some small degree of PTS to a very
small number of individuals of four
species. Marine mammals may
temporarily avoid the immediate area,
but are not expected to permanently
abandon the area. Major shifts in habitat
use, distribution, or foraging success are
not expected. NMFS does not anticipate
the take estimates to impact annual rates
of recruitment or survival.
In summary and as described above,
the following factors primarily support
our determination that the impacts
resulting from this activity are not
expected to adversely affect the species
or stock through effects on annual rates
of recruitment or survival:
• No mortality is anticipated or
authorized;
• The anticipated impacts of the
proposed activity on marine mammals
would primarily be temporary
behavioral changes due to avoidance of
the area around the survey vessel. The
relatively short duration of the proposed
survey (25 days) would further limit the
potential impacts of any temporary
behavioral changes that would occur;
• The number of instances of PTS
that may occur are expected to be very
small in number (Table 10). Instances of
PTS that are incurred in marine
mammals would be of a low level, due
to constant movement of the vessel and
of the marine mammals in the area, and
the nature of the survey design (not
concentrated in areas of high marine
mammal concentration);
• The availability of alternate areas of
similar habitat value for marine
mammals to temporarily vacate the
survey area during the proposed survey
to avoid exposure to sounds from the
activity;
• The proposed project area does not
contain areas of significance for feeding,
mating or calving;
• The potential adverse effects on fish
or invertebrate species that serve as prey
species for marine mammals from the
proposed survey would be temporary
and spatially limited; and
• The mitigation measures, including
visual and acoustic monitoring and
shutdowns, are expected to minimize
potential impacts to marine mammals.
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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
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
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from the specified activity
will have a negligible impact on all
affected marine mammal species or
stocks.
Small Numbers
As noted above, only small numbers
of incidental take may be authorized
under Section 101(a)(5)(D) of the MMPA
for specified activities other than
military readiness activities. The MMPA
does not define small numbers and so,
in practice, where estimated numbers
are available, NMFS compares the
number of individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
Due to the location of SIO’s survey,
some of the marine mammals
potentially taken by the proposed
survey would not be expected to
originate from the U.S. Atlantic stocks
as defined by NMFS (Hayes et al., 2017).
Population abundance data for marine
mammal species in the survey area is
not available. Therefore, in most cases
the U.S. Atlantic SARs represent the
best available information on marine
mammal abundance in the Northwest
Atlantic Ocean. For certain species (i.e.,
fin whale, minke whale and common
dolphin) the 2007 Canadian TransNorth Atlantic Sighting Survey
(TNASS), which provided full coverage
of the Atlantic Canadian coast (Lawson
and Gosselin, 2009) represents the best
available information on abundance, as
noted previously. Abundance estimates
from TNASS were corrected for
perception and availability bias, when
possible. In general, where the TNASS
survey effort provided more extensive
coverage of a stock’s range (as compared
with NOAA shipboard survey effort), we
elected to use the resulting abundance
estimate over the current NMFS
abundance estimate (derived from
survey effort with more limited coverage
of the stock range). For the humpback
whale, NMFS defines a stock of
humpback whales in the Atlantic only
on the basis of the Gulf of Maine feeding
population; however, multiple feeding
populations originate from the DPS of
humpback whales that is expected to
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17:11 Jun 14, 2018
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occur in the proposed survey area (the
West Indies DPS). As West Indies DPS
whales from multiple feeding
populations may be encountered in the
proposed survey area, the total
abundance of the West Indies DPS best
reflects the abundance of the population
that may encountered by the proposed
survey. The West Indies DPS abundance
estimate used here reflects the latest
estimate as described in the NMFS
Status Review of the Humpback Whale
under the Endangered Species Act
(Bettridge et al., 2015). Therefore, we
use abundance data from the SARs in
most cases, as well as from the TNASS
and NMFS Status Review, for purposes
of the small numbers analysis.
The numbers of takes that we
authorize are less than 10 percent of the
population abundance for the majority
of species and stocks, and 20 percent for
sperm whales and 31 percent for fin
whales, when compared to abundance
estimates from U.S. Atlantic SARs and
TNASS and NMFS Status Review (Table
10). We again note that while some
animals from U.S. stocks may occur in
the proposed survey area, the proposed
survey area is outside the geographic
boundaries of the U.S. Atlantic SARs,
thus populations of marine mammals in
the proposed survey area would not be
limited to the U.S. stocks and those
populations may in fact be larger than
the U.S. stock abundance estimates. In
addition, it should be noted that take
numbers represent instances of take, not
individuals taken. Given the relatively
small survey grids (Figure 1 in the IHA
application), it is reasonable to expect
that some individuals may be exposed
more than one time, which would mean
that the number of individuals taken is
somewhat smaller than the total
instances of take indicated in Table 10.
No known current regional
population estimates are available for
five marine mammal species that could
be incidentally taken as a result of the
planned survey: the Bryde’s whale,
killer whale, pygmy killer whale,
Northern bottlenose whale, and ringed
seal. NMFS has reviewed the geographic
distributions of these species in
determining whether the numbers of
takes authorized are likely to represent
small numbers. Bryde’s whales are
distributed worldwide in tropical and
sub-tropical waters (Kato and Perrin,
2009). Killer whales are broadly
distributed in the Atlantic from the
Arctic ice edge to the West Indies
(Waring et al., 2015). The pygmy killer
whale is distributed worldwide in
tropical to sub-tropical waters (Jefferson
et al. 1994). Northern bottlenose whales
are distributed in the North Atlantic
from Nova Scotia to about 70° N in the
PO 00000
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Sfmt 4703
27971
Davis Strait, along the east coast of
Greenland to 77° N and from England,
Norway, Iceland and the Faroe Islands
to the south coast of Svalbard (Waring
et al., 2015). The harp seal occurs
throughout much of the North Atlantic
and Arctic Oceans (Lavigne and Kovacs
1988). Based on the broad spatial
distributions of these species relative to
the areas where the proposed survey
would occur, NMFS concludes that the
authorized take of these species
represent small numbers relative to the
affected species’ overall population
sizes, though we are unable to quantify
the authorized take numbers as a
percentage of population.
Based on the analysis contained
herein of the specified activity
(including the mitigation and
monitoring measures) and the
anticipated take of marine mammals,
NMFS finds that small numbers of
marine mammals will be taken relative
to the population size of the affected
species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
Section 7(a)(2) of the ESA of 1973 (16
U.S.C. 1531 et seq.) requires that each
Federal agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the ESA Interagency
Cooperation Division, whenever we
propose to authorize take for
endangered or threatened species.
The NMFS Permits and Conservation
Division is authorizing the incidental
take of 4 species of marine mammals
which are listed under the ESA: The sei
whale, fin whale, blue whale and sperm
whale. Under Section 7 of the ESA, we
requested initiation of Section 7
consultation with the NMFS OPR
Interagency Cooperation Division for the
issuance of this IHA. In June, 2018, the
NMFS OPR Interagency Cooperation
Division issued a Biological Opinion
with an incidental take statement,
which concluded that the issuance of
E:\FR\FM\15JNN1.SGM
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27972
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
the IHA was not likely to jeopardize the
continued existence of the sei whale, fin
whale, blue whale and sperm whale.
The Biological Opinion also concluded
that the issuance of the IHA would not
destroy or adversely modify designated
critical habitat for these species.
Authorization
NMFS has issued an IHA to SIO for
the potential harassment of small
numbers of 35 marine mammal species
incidental to a low-energy marine
geophysical survey in the northwest
Atlantic Ocean, provided the previously
mentioned mitigation, monitoring and
reporting requirements are incorporated.
Dated: June 12, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–12907 Filed 6–14–18; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add products and a service to the
Procurement List that will be furnished
by nonprofit agencies employing
persons who are blind or have other
severe disabilities, and deletes products
and a service previously furnished by
such agencies.
DATES: Comments must be received on
or before: July 15, 2018.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S Clark Street, Suite 715,
Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Amy B. Jensen,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or email CMTEFedReg@
AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
Additions
If the Committee approves the
proposed additions, the entities of the
VerDate Sep<11>2014
17:11 Jun 14, 2018
Jkt 244001
Federal Government identified in this
notice will be required to procure the
products and service listed below from
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
The following products and service
are proposed for addition to the
Procurement List for production by the
nonprofit agencies listed:
Products
NSN(s)—Product Name(s):
8405–00–NIB–0542—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 131⁄2 x 32
8405–00–NIB–0543—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 30
8405–00–NIB–0544—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 31
8405–00–NIB–0545—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 32
8405–00–NIB–0546—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 33
8405–00–NIB–0547—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 34
8405–00–NIB–0548—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 141⁄2 x 35
8405–00–NIB–0549—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 14 x 30
8405–00–NIB–0550—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 14 x 32
8405–00–NIB–0551—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 14 x 33
8405–00–NIB–0552—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 14 x 34
8405–00–NIB–0553—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 30
8405–00–NIB–0554—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 31
8405–00–NIB–0555—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 32
8405–00–NIB–0556—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 33
8405–00–NIB–0557—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 34
8405–00–NIB–0558—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 35
8405–00–NIB–0559—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 151⁄2 x 36
8405–00–NIB–0560—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 30
8405–00–NIB–0561—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 31
8405–00–NIB–0562—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 32
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
8405–00–NIB–0563—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 33
8405–00–NIB–0564—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 34
8405–00–NIB–0565—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 35
8405–00–NIB–0566—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 36
8405–00–NIB–0567—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 15 x 37
8405–00–NIB–0568—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 161⁄2 x 31
8405–00–NIB–0569—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 161⁄2 x 32
8405–00–NIB–0570—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 161⁄2 x 33
8405–00–NIB–0571—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 161⁄2 x 34
8405–00–NIB–0572—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 161⁄2 x 35
8405–00–NIB–0573—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 161⁄2 x 36
8405–00–NIB–0574—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 161⁄2 x 37
8405–00–NIB–0575—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 16 x 31
8405–00–NIB–0576—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 16 x 32
8405–00–NIB–0577—Kit, Pre-Cut Fabric,
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8405–00–NIB–0578—Kit, Pre-Cut Fabric,
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8405–00–NIB–0579—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 16 x 35
8405–00–NIB–0580—Kit, Pre-Cut Fabric,
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Men’s, Long Sleeve, White, 16 x 36
8405–00–NIB–0581—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
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8405–00–NIB–0582—Kit, Pre-Cut Fabric,
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8405–00–NIB–0583—Kit, Pre-Cut Fabric,
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8405–00–NIB–0585—Kit, Pre-Cut Fabric,
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8405–00–NIB–0587—Kit, Pre-Cut Fabric,
Pinpoint Dress Shirt, Coast Guard,
Men’s, Long Sleeve, White, 17 x 33
E:\FR\FM\15JNN1.SGM
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Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27954-27972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12907]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF986
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to a Low-Energy Geophysical Survey in
the Northwest Atlantic Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the Scripps Institution of Oceanography (SIO) to take marine mammals
incidental to a low-energy marine geophysical survey in the Northwest
Atlantic Ocean.
DATES: This authorization is valid for one year from the date of
issuance.
FOR FURTHER INFORMATION CONTACT: Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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).
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an
incidental harassment authorization) with respect to potential impacts
on the human environment. This action is consistent with categories of
activities identified in Categorical Exclusion B4 (incidental
harassment authorizations with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Summary of Request
On November 20, 2017, NMFS received a request from SIO for an IHA
to take marine mammals incidental to conducting a low-energy marine
geophysical survey in the Northwest Atlantic Ocean. On February 8,
2018, we deemed SIO's application for authorization to be adequate and
complete. SIO's request is for take of a
[[Page 27955]]
small number of 35 species of marine mammals by Level B harassment and
Level A harassment. Neither SIO nor NMFS expects mortality to result
from this activity, and, therefore, an IHA is appropriate. The planned
activity is not expected to exceed one year, hence, we do not expect
subsequent MMPA incidental harassment authorizations would be issued
for this particular activity.
Description of Specified Activity
Overview
SIO plans to conduct a low-energy marine seismic survey in the
Northwest Atlantic Ocean for approximately 25 days during June-July
2018. The survey would occur in International Waters, between
~33.5[deg] and 53.5[deg] N, and 37[deg] and 49[deg] W, at water depths
ranging from 1,800 to over 5,000 meters (m) (see Figure 1 in the IHA
application) and would entail one source vessel, the R/V Atlantis,
which would tow a pair of 45 cubic inch (in\3\) GI airguns at a depth
of 2-4 m with a total discharge volume of approximately 90 in\3\ as an
energy source along predetermined lines. The receiving system would
consist of one hydrophone streamer, either 200 or 600 m in length. The
program consists of a site survey in support of a potential future
International Ocean Discovery Program project and would examine
regional seismic stratigraphy and provide seismic images of changing
sediment distributions from deepwater production changes. The Principal
Investigators are Drs. M. Lyle (Oregon State University), G. Mountain
(Rutgers University), and K. Miller (Rutgers University).
The survey would use two different types of airgun array
configurations. The first would entail a pair of 45-in\3\ airguns
spaced 8 m apart at a water depth of 2-4 m with a 200 m hydrophone
streamer and with the vessel traveling at 8 knots (kt). The second
would entail a pair of 45-in\3\ airguns, but with airguns spaced 2 m
apart at a depth of 2-4 m with a 600 m hydrophone streamer and with the
vessel traveling at 5 kt to achieve especially high-quality seismic
reflection data. Data would be collected within six grids, and also
along track lines between the six grid locations (see Figure 1 in the
IHA application). A total of 7,911 kilometers (km) of seismic
acquisition would occur, including 4,334 km of data collected within
the survey grids (2667 km at 8 kt and 1667 km at 5 kt) and an
additional 3,577 km of track lines connecting the grids. There could be
additional seismic operations in the project area associated with
equipment testing, re-acquisition due to equipment malfunction, data
degradation during poor weather, or interruption due to shutdown or
track deviation in compliance with IHA requirements.
In addition to the operations of the airgun array, a multibeam
echosounder (MBES) and a sub-bottom profiler (SBP) would also be
operated continuously throughout the survey, but not during transits to
and from the project area. The MBES (a Kongsberg EM122) operates at
10.5-13 (usually 12) kilohertz (kHz) and is hull-mounted, with the
transmitting beamwidth 1 or 2[deg] fore-aft and 150[deg] athwartship.
The SBP (a Knudsen 3260) is normally operated to provide information
about the near seafloor sedimentary features and the bottom topography
that is mapped simultaneously by the MBES. The beam of the SBP is
transmitted as a 27[deg] cone, which is directed downward by a 3.5-kHz
transducer in the hull of the vessel.
Table 1--Specifications of the R/V Atlantis Airgun Array
------------------------------------------------------------------------
------------------------------------------------------------------------
Number of airguns...................... 2.
Gun positions used..................... Two inline airguns 2- or 8-m
apart.
Tow depth of energy source............. 2-4 m.
Dominant frequency components.......... 0-188 Hz.
Air discharge volume................... Approximately 90 in\3\.
Shot interval.......................... 9.72 seconds (2 m airgun
separation survey) and 12.15
seconds (8 m airgun separation
survey).
------------------------------------------------------------------------
A detailed description of SIO's planned survey is provided in the
Federal Register notice for the proposed IHA (83 FR 18644; April 27,
2018). Since that time, no changes have been made to SIO's planned
survey activities. Therefore, a detailed description is not provided
here. Please refer to that Federal Register notice for the description
of the specific activity. Mitigation, monitoring, and reporting
measures are described in detail later in this document (please see
``Mitigation'' and ``Monitoring and Reporting'').
Comments and Responses
NMFS published a notice of proposed IHA in the Federal Register on
April 27, 2018 (83 FR 18644). During the 30-day public comment period,
NMFS received a comment letter from the Marine Mammal Commission
(Commission). NMFS has posted the comments online at:
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. NMFS addresses any
comments specific to SIO's application related to the statutory and
regulatory requirements or findings that NMFS must make under the MMPA
in order to issue an Authorization. The following is a summary of the
public comments and NMFS' responses.
Comment 1: The Commission expressed concerns regarding SIO's method
to estimate the extent of the Level A and Level B harassment zones and
the numbers of marine mammal takes. The Commission stated that the
model is not the best available science because it assumes spherical
spreading, a constant sound speed, and no bottom interactions for
surveys in deep water, and that the model provides results to a water
depth of 2,000 m while SIO's planned survey would occur in waters from
1,800 to more than 5,000 m in depth. In light of their concerns, the
Commission recommended that NMFS require SIO, in collaboration with
Lamont-Doherty Earth Observatory of Columbia University (LDEO) (which
performed the modeling of Level A and Level B harassment zones) to re-
estimate the Level A and Level B harassment zones and associated takes
of marine mammals using (1) operational (including number/type/spacing
of airguns, tow depth, source level/operating pressure, operational
volume) and site-specific environmental (including sound speed
profiles, bathymetry, and sediment characteristics at a minimum)
parameters; (2) a comprehensive source model (i.e., Gundalf Optimizer
or AASM) and (3) an appropriate sound propagation model for the
proposed IHA. Specifically, the Commission states that LDEO should be
using the ray-tracing sound propagation model BELLHOP, rather than the
MATLAB code currently used.
[[Page 27956]]
NMFS Response: NMFS acknowledges the Commission's concerns about
LDEO's current modeling approach for estimating Level A and Level B
harassment zones and takes. SIO's application (LGL, 2018) and the
Federal Register notice of the proposed IHA (83 FR 18644; April 27,
2018) describe the applicant's approach to modeling Level A and Level B
harassment zones. The model LDEO currently uses does not allow for the
consideration of environmental and site-specific parameters as
requested by the Commission.
SIO's application (LGL, 2018) describes their approach to modeling
Level A and Level B harassment zones. In summary, LDEO acquired field
measurements for several array configurations at shallow, intermediate,
and deep-water depths during acoustic verification studies conducted in
the northern Gulf of Mexico in 2007 and 2008 (Tolstoy et al., 2009).
Based on the empirical data from those studies, LDEO developed a sound
propagation modeling approach that predicts received sound levels as a
function of distance from a particular airgun array configuration in
deep water. For this survey, LDEO modeled Level A and Level B
harassment zones based on the empirically-derived measurements from the
Gulf of Mexico calibration survey (Appendix H of NSF-USGS 2011). LDEO
used the deep-water radii obtained from model results down to a maximum
water depth of 2,000 m (Figure 2 and 3 in Appendix H of NSF-USGS 2011).
In 2015, LDEO explored the question of whether the Gulf of Mexico
calibration data described above adequately informs the model to
predict exclusion isopleths in other areas by conducting a
retrospective sound power analysis of one of the lines acquired during
L-DEO's seismic survey offshore New Jersey in 2014 (Crone, 2015). NMFS
presented a comparison of the predicted radii (i.e., modeled exclusion
zones) with radii based on in situ measurements (i.e., the upper bound
[95th percentile] of the cross-line prediction) in a previous notice of
issued Authorization for LDEO (see 80 FR 27635, May 14, 2015, Table 1).
Briefly, the analysis presented in Crone (2015), specific to the survey
site offshore New Jersey, confirmed that in-situ, site specific
measurements and estimates of 160 decibel (dB) and 180 dB isopleths
collected by the hydrophone streamer of the R/V Marcus Langseth in
shallow water were smaller than the modeled (i.e., predicted) zones for
two seismic surveys conducted offshore New Jersey in shallow water in
2014 and 2015. In that particular case, Crone's (2015) results showed
that LDEO's modeled 180 dB and 160 dB zones were approximately 28
percent and 33 percent smaller, respectively, than the in-situ, site-
specific measurements, thus confirming that LDEO's model was
conservative in that case.
The following is a summary of two additional analyses of in-situ
data that support LDEO's use of the modeled Level A and Level B
harassment zones in this particular case. In 2010, LDEO assessed the
accuracy of their modeling approach by comparing the sound levels of
the field measurements acquired in the Gulf of Mexico study to their
model predictions (Diebold et al., 2010). They reported that the
observed sound levels from the field measurements fell almost entirely
below the predicted mitigation radii curve for deep water (i.e.,
greater than 1,000 m; 3280.8 ft) (Diebold et al., 2010). In 2012, LDEO
used a similar process to model distances to isopleths corresponding to
Level A and Level B harassment thresholds for a shallow-water seismic
survey in the northeast Pacific Ocean offshore Washington State. LDEO
conducted the shallow-water survey using a 6,600 in\3\ airgun
configuration aboard the R/V Marcus Langseth and recorded the received
sound levels on both the shelf and slope using the Langseth's 8 km
hydrophone streamer. Crone et al. (2014) analyzed those received sound
levels from the 2012 survey and confirmed that in-situ, site specific
measurements and estimates of the 160 dB and 180 dB isopleths collected
by the Langseth's hydrophone streamer in shallow water were two to
three times smaller than LDEO's modeling approach had predicted. While
the results confirmed the role of bathymetry in sound propagation,
Crone et al. (2014) were also able to confirm that the empirical
measurements from the Gulf of Mexico calibration survey (the same
measurements used to inform LDEO's modeling approach for the planned
surveys in the northwest Atlantic Ocean) overestimated the size of the
exclusion and buffer zones for the shallow-water 2012 survey off
Washington State and were thus precautionary, in that particular case.
NMFS continues to work with LDEO to address the issue of
incorporating site-specific information for future authorizations for
seismic surveys. However, LDEO's current modeling approach (supported
by the three data points discussed previously) represents the best
available information for NMFS to reach determinations for this IHA. As
described earlier, the comparisons of LDEO's model results and the
field data collected at multiple locations (i.e., the Gulf of Mexico,
offshore Washington State, and offshore New Jersey) illustrate a degree
of conservativeness built into LDEO's model for deep water, which NMFS
expects to offset some of the limitations of the model to capture the
variability resulting from site-specific factors. Based upon the best
available information (i.e., the three data points, two of which are
peer-reviewed, discussed in this response), NMFS finds that the Level A
and Level B harassment zone calculations are appropriate for use in
this particular IHA.
LDEO has conveyed to NMFS that additional modeling efforts to
refine the process and conduct comparative analysis may be possible
with the availability of research funds and other resources. Obtaining
research funds is typically accomplished through a competitive process,
including those submitted to U.S. Federal agencies. The use of models
for calculating Level A and Level B harassment zones and for developing
take estimates is not a requirement of the MMPA incidental take
authorization process. Further, NMFS does not provide specific guidance
on model parameters nor prescribe a specific model for applicants as
part of the MMPA incidental take authorization process at this time,
although we do review methods to ensure adequate for prediction of
take. There is a level of variability not only with parameters in the
models, but also the uncertainty associated with data used in models,
and therefore, the quality of the model results submitted by
applicants. NMFS considers this variability when evaluating
applications and the take estimates and mitigation measures that the
model informs. NMFS takes into consideration the model used, and its
results, in determining the potential impacts to marine mammals;
however, it is just one component of the analysis during the MMPA
authorization process as NMFS also takes into consideration other
factors associated with the activity (e.g., geographic location,
duration of activities, context, sound source intensity, etc.).
Comment 2: The Commission recommended that NMFS better evaluate the
numbers of Level A and B harassment takes it plans to propose for
authorization by considering both ecological/biological information and
implementation of mitigation measures for all proposed authorizations
prior to submitting them for publication in the Federal Register. The
Commission specifically questioned the proposed authorization of 42
Level A takes of
[[Page 27957]]
harbor porpoises and recommended that NMFS reduce the numbers of Level
A takes for that particular species.
NMFS Response: We appreciate the Commission's concern with
authorizing appropriate numbers of take and their suggestion regarding
the specific number of Level A takes that it deems appropriate in this
instance. We base take analyses on the best available information; in
this case, as SIO's survey is planned in a geographic area where data
on marine mammal abundance and density is relatively limited, the best
available information on cetacean density (including harbor porpoise
density) was represented by density modeling by Mannocci et al. (2017).
We relied on this information to calculate the estimated numbers of
takes (including Level A takes of harbor porpoise), as described in the
proposed IHA. We also acknowledged in the proposed IHA that harbor
porpoises would be expected to be relatively uncommon in the proposed
survey area, and that take estimates are conservative. That said, given
the fact that Mannocci et al. (2017) predict relatively high densities
of harbor porpoises in offshore waters north of ~40[deg] N (where much
of the survey would occur) and given the relative lack of information
regarding the marine mammals that may be encountered by SIO's survey,
we do not think a reduction in the number of Level A takes of harbor
porpoises is necessary in this instance, given the applicant's request.
Comment 3: the Commission questioned the necessity of the 100 m
exclusion zone, specifically for mid-frequency (MF) cetaceans, noting
that the Level A harassment zone is estimated to be less than 1 m for
MF cetaceans. The Commission stated that NMFS should ensure that marine
mammals are sufficiently protected from Level A harassment and that
activities can be completed in an appropriate manner and within an
appropriate timeframe, and recommended that NMFS more thoroughly assess
the proposed exclusion zones that are to be implemented for this
authorization and for future proposed incidental take authorizations,
prior to publication in the Federal Register.
NMFS Response: NMFS agrees with the Commission that mitigation
measures should ensure sufficient protection of marine mammals while
facilitating the timely completion of the specified activities so as to
minimize the overall duration of those activities and their impacts on
marine mammals. It is for this reason that NMFS has included a waiver
to the shutdown requirement specifically for small delphinoids (which
are expected to constitute the vast majority of MF cetaceans
encountered by SIO's survey) that would otherwise result in a shutdown
of SIO's survey. The shutdown requirement referenced by the Commission
will be in place for marine mammals with the exception of small
delphinoids (which are all in the MF functional hearing group) under
certain circumstances. The small delphinoid group is intended to
encompass those members of the Family Delphinidae most likely to
voluntarily approach the source vessel for purposes of interacting with
the vessel and/or airgun array (e.g., bow riding). The exception to the
shutdown requirement applies solely to specific genera of small
dolphins--Tursiops, Steno, Stenella, Lagenorhynchus and Delphinus. We
have included this exception because shutdown requirements for small
delphinoids under all circumstances represent practicability concerns
without likely commensurate benefits for the animals in question, as
referenced by the Commission. Small delphinoids are generally the most
commonly observed marine mammals in the specific geographic region and
would typically be the only marine mammals likely to intentionally
approach the vessel. As referenced by the Commission, auditory injury
is extremely unlikely to occur for MF cetaceans (e.g., delphinids), as
this group is relatively insensitive to sound produced at the
predominant frequencies in an airgun pulse while also having a
relatively high threshold for the onset of auditory injury. We refer
the reader to the Federal Register notice for the proposed IHA (83 FR
18644; April 27, 2018) for further discussion of sound metrics and
thresholds and marine mammal hearing.
A large body of anecdotal evidence indicates that small delphinoids
commonly approach vessels and/or towed arrays during active sound
production for purposes of bow riding, with no apparent effect observed
in those delphinoids (e.g., Barkaszi et al., 2012). As referenced by
the Commission, the potential for increased shutdowns resulting from
such a measure would require the Atlantis to revisit the missed track
line to reacquire data, potentially resulting in an increase in the
total duration over which the survey is active in a given area and an
overall increase in the total sound energy input to the marine
environment. Although other mid-frequency hearing specialists (e.g.,
large delphinoids) are no more likely to incur auditory injury than are
small delphinoids, they are much less likely to approach vessels.
Therefore, contrary to the Commission's concerns, retaining a shutdown
requirement for large delphinoids would not have similar impacts in
terms of either practicability for the applicant or corollary increase
in sound energy output and time on the water. We also anticipate some
benefit for a shutdown requirement for large delphinoids in that it
simplifies somewhat the total range of decision-making for protected
species observers (PSOs) and may preclude any potential for
physiological effects other than to the auditory system as well as some
more severe behavioral reactions for any such animals in close
proximity to the source vessel. Shutdown requirements, including the
waiver to shutdown requirements for small delphinoids, are discussed in
greater detail in the Mitigation section below.
Comment 4: The Commission expressed concern that the method used to
estimate the numbers of takes, which summed fractions of takes for each
species across project days, does not account for and negates the
intent of NMFS' 24-hour reset policy, and recommended that NMFS provide
the draft criteria for take calculation in a timely manner.
NMFS Response: We appreciate the Commission's ongoing concern in
this matter. Calculating predicted takes is not an exact science and
there are arguments for taking different mathematical approaches in
different situations, and for making qualitative adjustments in other
situations. We believe, however, that the methodology used for take
calculation in this IHA remains appropriate and is not at odds with the
24-hour reset policy the Commission references. We will share draft
guidance on this issue as soon as possible with the Commission.
Comment 5: The Commission expressed concern that information was
missing or incorrect in the proposed IHA and SIO's application,
including information on the proposed activities related to the
proposed source levels, shot intervals, and source velocities and
mitigation measures. Therefore the Commission recommended that NMFS
review more thoroughly applications prior to deeming them complete and
NMFS' draft notices prior to submitting them for publication in the
Federal Register.
NMFS Response: We appreciate the Commission pointing out the
deficiencies in the notice of proposed IHA. In response to the
Commission's concerns we have ensured source levels, shot intervals,
source velocities and mitigation measures are accurately
[[Page 27958]]
described in this notice and are accurately factored into harassment
zones and authorized take numbers. Resultant changes to harassment
zones and take estimates are minimal and are described in the Take
Estimate section below. NMFS thoroughly reviews all applications prior
to deeming them complete, and thoroughly reviews draft notices prior to
publishing in the Federal Register, and will continue to do so.
Comment 6: The Commission requested clarification regarding certain
issues associated with NMFS' notice that one-year renewals could be
issued in certain limited circumstances and expressed concern that the
process would bypass the public notice and comment requirements. The
Commission recommended that NMFS refrain from implementing its proposed
renewal process and instead use abbreviated Federal Register notices
and reference existing documents to streamline the incidental
harassment authorization process. The Commission suggested that NMFS
should discuss the possibility of renewals through a more general
route, such as a rulemaking, instead of notice in a specific
authorization. The Commission further recommended that if NMFS did not
pursue a more general route, that the agency provide the Commission and
the public with a legal analysis supporting our conclusion that this
process is consistent with the requirements of section 101(a)(5)(D) of
the MMPA.
NMFS Response: The process of issuing a renewal IHA does not bypass
the public notice and comment requirements of the MMPA. The notice of
the proposed IHA expressly notifies the public that under certain,
limited conditions an applicant could seek a renewal IHA for an
additional year. The notice describes the conditions under which such a
renewal request could be considered and expressly seeks public comment
in the event such a renewal is sought. Importantly, such renewals would
be limited to circumstances where: The activities are identical or
nearly identical to those analyzed in the proposed IHA; monitoring does
not indicate impacts that were not previously analyzed and authorized;
and, the mitigation and monitoring requirements remain the same, all of
which allow the public to comment on the appropriateness and effects of
a renewal at the same time the public provides comments on the initial
IHA. NMFS has, however, modified the language for future proposed IHAs
to clarify that all IHAs, including renewal IHAs, are valid for no more
than one year and that the agency would consider only one renewal for a
project at this time. In addition, notice of issuance or denial of a
renewal IHA would be published in the Federal Register, as they are for
all IHAs. The option for issuing renewal IHAs has been in NMFS's
incidental take regulations since 1996. We will provide any additional
information to the Commission and consider posting a description of the
renewal process on our website before any renewal is issued utilizing
this process.
Description of Marine Mammals in the Area of Specified Activity
Sections 3 and 4 of SIO's IHA application summarize available
information regarding status and trends, distribution and habitat
preferences, and behavior and life history, of the potentially affected
species. Additional information regarding population trends and threats
may be found in NMFS' Stock Assessment Reports (SAR;
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region) and more general information about
these species (e.g., physical and behavioral descriptions) may be found
on NMFS' website (www.fisheries.noaa.gov/species-directory).
The populations of marine mammals considered in this document do
not occur within the U.S. exclusive economic zone (EEZ) and are
therefore not assigned to stocks and are not assessed in NMFS' Stock
Assessment Reports (SAR). As such, information on potential biological
removal (PBR; defined by the MMPA as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population) and on annual levels of serious injury and
mortality from anthropogenic sources are not available for these marine
mammal populations. Abundance estimates for marine mammals in the
survey location are lacking; therefore the abundance estimates
presented here are based on the U.S. Atlantic SARs (Hayes et al., 2017)
and on the Canadian Trans-North Atlantic Sighting Survey which provided
full coverage of the Atlantic Canadian coast (Lawson and Gosselin,
2009), as these sources are considered the best available information
on potential abundance of marine mammals in the area. However, as
described above, the marine mammals encountered by the proposed survey
are not assigned to stocks. All abundance estimate values presented in
Table 2 are the most recent available at the time of publication and
are available in the 2017 U.S. Atlantic draft SARs (e.g., Hayes et al.
2017) available online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments, except where noted
otherwise.
Table 2 lists all species with expected potential for occurrence in
the survey area and with the potential to be taken as a result of the
proposed survey, and summarizes information related to the population,
including regulatory status under the MMPA and ESA. For taxonomy, we
follow Committee on Taxonomy (2016).
Table 2--Marine Mammal Species Potentially Present in the Project Area and That May be Affected by the Specified
Activities
----------------------------------------------------------------------------------------------------------------
ESA/ MMPA status;
Species Stock strategic (Y/N) Abundance \2\ Relative occurrence in
\1\ project area
----------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
----------------------------------------------------------------------------------------------------------------
Family: Balaenopteridae
Humpback whale \3\ (Megaptera n/a -/-; N 12,312 Uncommon.
novaeangliae).
Minke whale \4\ (Balaenoptera n/a -/-; N 20,741 Uncommon.
acutorostrata).
Bryde's whale (Balaenoptera n/a -/-; N unknown Uncommon.
brydei).
Sei whale (Balaenoptera n/a E/D; Y 357 Uncommon.
borealis).
Fin whale \4\ (Balaenoptera n/a E/D; Y 3,522 Uncommon.
physalus).
[[Page 27959]]
Blue whale (Balaenoptera n/a E/D; Y 440 Uncommon.
musculus).
----------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
----------------------------------------------------------------------------------------------------------------
Family: Physeteridae
Sperm whale (Physeter n/a E/D; Y 2,288 Uncommon.
macrocephalus).
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
----------------------------------------------------------------------------------------------------------------
Family: Kogiidae
Pygmy sperm whale \5\ (Kogia n/a -/-; N 3,785 Rare.
breviceps).
Dwarf sperm whale \5\ (Kogia n/a -/-; N 3,785 Rare.
sima).
----------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
----------------------------------------------------------------------------------------------------------------
Family delphinidae
Killer whale (Orcinus orca).... n/a -/-; N unknown Uncommon.
False killer whale (Pseudorca n/a -/-; N 442 Uncommon.
crassidens).
Pygmy killer whale (Feresa n/a -/-; N unknown Rare.
attenuata).
Short-finned pilot whale n/a -/-; N 21,515 Uncommon.
(Globicephala macrorhynchus).
Long-finned pilot whale n/a -/-; N 5,636 Uncommon.
(Globicephala melas).
Harbor porpoise (Phocoena n/a -/-; N 79,833 Uncommon.
phocoena).
Bottlenose dolphin (Tursiops n/a -/-; N 77,532 Uncommon.
truncatus).
Striped dolphin (Stenella n/a -/-; N 54,807 Uncommon.
coeruleoala).
Risso's dolphin (Grampus n/a -/-; N 18,250 Uncommon.
griseus).
Common dolphin \4\ (Delphinus n/a -; N 173,486 Uncommon.
delphis).
Atlantic white-sided dolphin n/a -; N 48,819 Uncommon.
(Lagenorhynchus obliquidens).
Atlantic spotted dolphin n/a -; N 44,715 Uncommon.
(Stenella frontalis).
Pantropical spotted dolphin n/a -; N 3,333 Uncommon.
(Stenella attenuate).
White beaked dolphin n/a -; N 2,003 Uncommon.
(Lagenorhynchus albirostris).
Rough-toothed dolphin (Steno n/a -; N 271 Rare.
bredanensis).
----------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
----------------------------------------------------------------------------------------------------------------
Family: Ziphiidae
Cuvier's beaked whale (Ziphius n/a -/-; N 6,532 Uncommon.
cavirostris).
Blainville's beaked whale \6\ n/a -; N 7,092 Uncommon.
(Mesoplodon densirostris).
True's beaked whale \6\ n/a -/-; N 7,092 Rare.
(Mesoplodon mirus).
Gervais beaked whale \6\ n/a -; N 7,092 Uncommon.
(Mesoplodon europaeus).
Sowerby's beaked whale \6\ n/a -; N 7,092 Uncommon.
(Mesoplodon bidens).
Northern bottlenose whale n/a -; N unknown Uncommon.
(Hyperoodon ampullatus).
----------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
----------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals)
Hooded seal (Cystophora n/a -; N 592,100 Rare.
cristata).
Harp seal (Pagophilus n/a -; N 7,100,000 Rare.
groenlandicus).
Ringed seal (Pusa hispida) \7\. n/a -; N unknown Rare.
----------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-)
indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the
MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is
determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or
stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ Abundance estimates are from the NMFS 2017 draft Atlantic SAR (Hayes et al., 2017) unless otherwise noted.
We note that marine mammals in the survey area would not belong to NMFS stocks, as the survey area is outside
the geographic boundaries for stock assessments, thus stock abundance estimates are provided for comparison
purposes only.
\3\ NMFS defines a stock of humpback whales only on the basis of the Gulf of Maine feeding population; however,
multiple feeding populations originate from the Distinct Population Segment (DPS) that is expected to occur in
the proposed survey area (the West Indies DPS). As West Indies DPS whales from multiple feeding populations
may be encountered in the proposed survey area, the total abundance of the West Indies DPS best reflects the
abundance of the population that may encountered by the proposed survey. The West Indies DPS abundance
estimate shown here reflects the latest estimate as described in the NMFS Status Review of the Humpback Whale
under the Endangered Species Act (Bettridge et al., 2015).
\4\ Abundance for these species is from the 2007 TNASS, which provided full coverage of the Atlantic Canadian
coast (Lawson and Gosselin, 2009). Abundance estimates from TNASS were corrected for perception and
availability bias, when possible. In general, where the TNASS survey effort provided superior coverage of a
stock's range (as compared with NOAA shipboard survey effort), we elect to use the resulting abundance
estimate over the current NMFS abundance estimate (derived from survey effort with inferior coverage of the
stock range).
\5\ Abundance estimate represents pygmy and dwarf sperm whales combined.
\6\ Abundance estimate represents all species of Mesoplodon in the Atlantic.
\7\ NMFS does not have a defined stock of ringed seals in the Atlantic Ocean.
[[Page 27960]]
Four marine mammal species that are listed under the Endangered
Species Act (ESA) may be present in the survey area and are included in
the take request: The fin whale, sei whale, blue whale and sperm whale.
Though marine mammal species other than those described in Table 2 are
known to occur in the North Atlantic Ocean, the temporal and/or spatial
occurrence of several of these species is such that take of these
species is not expected to occur, and they are therefore not discussed
further beyond the explanation provided here. Four cetacean species,
although present in the wider North Atlantic Ocean, likely would not be
found near the proposed project area because their ranges generally do
not extend as far north: Clymene dolphin, Fraser's dolphin, spinner
dolphin, and melon-headed whale. Another cetacean species, the North
Atlantic right whale, occurs in nearshore waters off the U.S. coast,
and its range does not extend as far offshore as the proposed project
area. Another three cetacean species occur in arctic waters, and their
ranges generally do not extend as far south as the proposed project
area: The bowhead whale, narwhal, and beluga. Two additional cetacean
species, the Atlantic humpback dolphin (which occurs in coastal waters
of western Africa) and the long-beaked common dolphin (which occurs in
coastal waters of South America and western Africa) do not occur in
deep offshore waters. Several pinniped species also are known to occur
in North Atlantic waters, but are not expected to occur in deep
offshore waters of the proposed project area, including the gray seal,
harbor seal, and bearded seal.
A detailed description of the species likely to be affected by
SIO's survey, including brief introductions to the species and relevant
stocks as well as available information regarding population trends and
threats, and information regarding local occurrence, were provided in
the Federal Register notice of the proposed IHA (83 FR 18644; April 27,
2018); since that time, we are not aware of any changes in the status
of these species and stocks; therefore, detailed descriptions are not
repeated here. Please refer to that Federal Register notice for these
descriptions. Please also refer to NMFS' website
(www.fisheries.noaa.gov/species-directory) for generalized species
accounts.
Information concerning marine mammal hearing, including marine
mammal functional hearing groups, was provided in the Federal Register
notice of the proposed IHA (83 FR 18644; April 27, 2018), therefore
that information is not repeated here; please refer to that Federal
Register notice for this information. For further information about
marine mammal functional hearing groups and associated frequency
ranges, please see NMFS (2016) for a review of available information.
Thirty-three marine mammal species (thirty cetacean and three pinniped
(all phocid) species) have the reasonable potential to co-occur with
the proposed survey activities (Table 2). Of the cetacean species that
may be present, six are classified as low-frequency cetaceans (i.e.,
all mysticete species), twenty-two are classified as mid-frequency
cetaceans (i.e., all delphinid species, beaked whales, and sperm
whale), and three are classified as a high-frequency cetaceans (i.e.,
harbor porpoise, pygmy and dwarf sperm whales).
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from SIO's survey activities have
the potential to result in behavioral harassment of marine mammals in
the vicinity of the survey area. The Federal Register notice of the
proposed IHA (83 FR 18644; April 27, 2018) included a discussion of the
effects of anthropogenic noise on marine mammals and their habitat,
therefore that information is not repeated here; please refer to that
Federal Register notice for that information. No instances of hearing
threshold shifts, injury, serious injury, or mortality are expected as
a result of the planned activities.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform both NMFS' consideration
of ``small numbers'' and the negligible impact determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of 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).
Authorized takes would primarily be by Level B harassment, as use
of the seismic airguns have the potential to result in disruption of
behavioral patterns for individual marine mammals. There is also some
potential for auditory injury (Level A harassment) to result, primarily
for high frequency cetaceans. Auditory injury is unlikely to occur for
low- and mid-frequency cetaceans given very small modeled zones of
injury for those species. The mitigation and monitoring measures are
expected to minimize the severity of such taking to the extent
practicable. As described previously, no mortality is anticipated or
authorized for this activity. Below we describe how the take is
estimated.
Described in the most basic way, we estimate take by considering:
(1) Acoustic thresholds above which NMFS believes the best available
science indicates marine mammals will be behaviorally harassed or incur
some degree of permanent hearing impairment; (2) the area or volume of
water that will be ensonified above these levels in a day; (3) the
density or occurrence of marine mammals within these ensonified areas;
and (4) and the number of days of activities. Below, we describe these
components in more detail and present the exposure estimate and
associated numbers of take authorized.
Acoustic Thresholds
Using the best available science, NMFS has developed acoustic
thresholds that identify the received level of underwater sound above
which exposed marine mammals would be reasonably expected to be
behaviorally harassed (equated to Level B harassment) or to incur PTS
of some degree (equated to Level A harassment).
Level B Harassment for non-explosive sources--Though significantly
driven by received level, the onset of behavioral disturbance from
anthropogenic noise exposure is also informed to varying degrees by
other factors related to the source (e.g., frequency, predictability,
duty cycle), the environment (e.g., bathymetry), and the receiving
animals (hearing, motivation, experience, demography, behavioral
context) and can be difficult to predict (Southall et al., 2007,
Ellison et al. 2011). Based on the best available science and the
practical need to use a threshold based on a factor that is both
predictable and measurable for most activities, NMFS uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS predicts that marine mammals are likely to
be behaviorally harassed in a manner we consider to fall under Level B
harassment when exposed to underwater anthropogenic noise above
received levels of 120 dB re 1 [mu]Pa (rms) for continuous (e.g.
vibratory pile-
[[Page 27961]]
driving, drilling) and above 160 dB re 1 [mu]Pa (rms) for non-explosive
impulsive (e.g., seismic airguns) or intermittent (e.g., scientific
sonar) sources. SIO's proposed activity includes the use of impulsive
seismic sources. Therefore, the 160 dB re 1 [mu]Pa (rms) criteria is
applicable for analysis of level B harassment.
Level A harassment for non-explosive sources-- NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (NMFS, 2016) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive). As
described above, SIO's proposed activity includes the use of
intermittent and impulsive seismic sources. These thresholds are
provided in Table 3.
These thresholds are provided in the table below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS 2016 Technical Guidance, which may be accessed at:
https://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.
Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
in Marine Mammals
------------------------------------------------------------------------
PTS onset thresholds
Hearing group ---------------------------------------
Impulsive * Non-impulsive
------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.... Lpk,flat: 219 dB LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans.... Lpk,flat: 230 dB LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans... Lpk,flat: 202 dB LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) Lpk,flat: 218 dB LE,PW,24h: 201 dB.
(Underwater). LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) Lpk,flat: 232 dB LE,OW,24h: 219 dB.
(Underwater). LE,OW,24h: 203 dB.
------------------------------------------------------------------------
Note:* Dual metric acoustic thresholds for impulsive sounds: Use
whichever results in the largest isopleth for calculating PTS onset.
If a non-impulsive sound has the potential of exceeding the peak sound
pressure level thresholds associated with impulsive sounds, these
thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and
cumulative sound exposure level (LE) has a reference value of
1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect
American National Standards Institute standards (ANSI 2013). However,
peak sound pressure is defined by ANSI as incorporating frequency
weighting, which is not the intent for this Technical Guidance. Hence,
the subscript ``flat'' is being included to indicate peak sound
pressure should be flat weighted or unweighted within the generalized
hearing range. The subscript associated with cumulative sound exposure
level thresholds indicates the designated marine mammal auditory
weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
and that the recommended accumulation period is 24 hours. The
cumulative sound exposure level thresholds could be exceeded in a
multitude of ways (i.e., varying exposure levels and durations, duty
cycle). When possible, it is valuable for action proponents to
indicate the conditions under which these acoustic thresholds will be
exceeded.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that will feed into estimating the area ensonified above the
acoustic thresholds.
The survey would entail the use of a 2-airgun array with a total
discharge of 90 in\3\ at a tow depth of 2-4 m. The distances to the
predicted isopleths corresponding to the threshold for Level B
harassment (160 dB re 1 [mu]Pa) were calculated for both array
configurations based on results of modeling performed by LDEO. Received
sound levels were predicted by LDEO's model (Diebold et al. 2010) as a
function of distance from the airgun array. The LDEO modeling approach
uses ray tracing for the direct wave traveling from the array to the
receiver and its associated source ghost (reflection at the air-water
interface in the vicinity of the array), in a constant-velocity half-
space (infinite homogeneous ocean layer unbounded by a seafloor). In
addition, propagation measurements of pulses from a 36-airgun array at
a tow depth of 6 m have been reported in deep water (~1,600 m),
intermediate water depth on the slope (~600-1100 m), and shallow water
(~50 m) in the Gulf of Mexico in 2007-2008 (Tolstoy et al. 2009;
Diebold et al. 2010). The estimated distances to Level B harassment
isopleths for the two configurations of the Atlantis airgun array are
shown in Table 4.
Table 4--Predicted Radial Distances From R/V Atlantis 90 in\3\ Seismic
Source to Isopleth Corresponding to Level B Harassment Threshold
------------------------------------------------------------------------
Predicted
distance to
Array configuration threshold (160
dB re 1
[mu]Pa)
------------------------------------------------------------------------
2 m airgun separation................................... 578 m
8 m airgun separation................................... 539 m
------------------------------------------------------------------------
For modeling of radial distances to predicted isopleths
corresponding to harassment thresholds in deep water (>1,000 m), LDEO
used the deep-water radii for various Sound Exposure Levels obtained
from LDEO model results down to a maximum water depth of 2,000 m (see
Figures 2 and 3 in the IHA application). LDEO's modeling methodology is
described in greater detail in the IHA application (LGL, 2018) and we
refer to the reader to that document rather than repeating it here.
Predicted distances to Level A harassment isopleths, which vary
based on marine mammal functional hearing groups (Table 3), were
calculated based on modeling performed by LDEO using the Nucleus
software program and the NMFS User Spreadsheet, described below. The
updated acoustic thresholds for impulsive sounds (such as airguns)
contained in the Technical Guidance (NMFS, 2016) were presented as dual
metric acoustic thresholds using both cumulative sound exposure level
(SELcum) and peak sound pressure level metrics. As dual
metrics, NMFS considers onset of PTS (Level A harassment) to have
occurred when either one of the two metrics is exceeded (i.e., metric
resulting in the largest isopleth). The SELcum metric
considers both level and duration of exposure, as well as auditory
weighting functions by marine mammal hearing group. In recognition of
the fact that the requirement to calculate Level A harassment
ensonified areas could be more technically challenging to predict due
to the duration component and the use of weighting functions in the new
SELcum thresholds, NMFS developed an optional User
Spreadsheet that includes tools to help predict a simple isopleth that
can be used in conjunction with marine mammal density or occurrence to
facilitate the estimation of take numbers.
The values for SELcum and peak SPL for the Atlantis
airgun array were derived from calculating the modified farfield
signature (Table 5). The farfield signature is often used as a
theoretical
[[Page 27962]]
representation of the source level. To compute the farfield signature,
the source level is estimated at a large distance below the array
(e.g., 9 km), and this level is back projected mathematically to a
notional distance of 1 m from the array's geometrical center. However,
when the source is an array of multiple airguns separated in space, the
source level from the theoretical farfield signature is not necessarily
the best measurement of the source level that is physically achieved at
the source (Tolstoy et al. 2009). Near the source (at short ranges,
distances <1 km), the pulses of sound pressure from each individual
airgun in the source array do not stack constructively, as they do for
the theoretical farfield signature. The pulses from the different
airguns spread out in time such that the source levels observed or
modeled are the result of the summation of pulses from a few airguns,
not the full array (Tolstoy et al. 2009). At larger distances, away
from the source array center, sound pressure of all the airguns in the
array stack coherently, but not within one time sample, resulting in
smaller source levels (a few dB) than the source level derived from the
farfield signature. Because the farfield signature does not take into
account the array effect near the source and is calculated as a point
source, the modified farfield signature is a more appropriate measure
of the sound source level for distributed sound sources, such as airgun
arrays. Though the array effect is not expected to be as pronounced in
the case of a 2-airgun array as it would be with a larger airgun array,
the modified farfield method is considered more appropriate than use of
the theoretical farfield signature.
Table 5--Modeled Source Levels (dB) for R/V Atlantis 90 in\3\ Airgun Array
----------------------------------------------------------------------------------------------------------------
5-kt survey
8-kt survey with 2-m 5-kt survey
8-kt survey with 8-m with 8-m airgun with 2-m
Functional hearing group airgun separation: Peak airgun separation: airgun
SPLflat separation: Peak SPLflat separation:
SELcum SELcum
----------------------------------------------------------------------------------------------------------------
Low frequency cetaceans (Lpk,flat: 219 228.8................... 207 232.8 206.7
dB; LE,LF,24h: 183 dB).
Mid frequency cetaceans (Lpk,flat: 230 N/A..................... 206.7 229.8 206.9
dB; LE,MF,24h: 185 dB).
High frequency cetaceans (Lpk,flat: 233..................... 207.6 232.9 207.2
202 dB; LE,HF,24h: 155 dB).
Phocid Pinnipeds (Underwater) 230..................... 206.7 232.8 206.9
(Lpk,flat: 218 dB; LE,HF,24h: 185 dB).
Otariid Pinnipeds (Underwater) N/A..................... 203 225.6 207.4
(Lpk,flat: 232 dB; LE,HF,24h: 203 dB).
----------------------------------------------------------------------------------------------------------------
In order to more realistically incorporate the Technical Guidance's
weighting functions over the seismic array's full acoustic band,
unweighted spectrum data for the Atlantis's airgun array (modeled in 1
Hz bands) was used to make adjustments (dB) to the unweighted spectrum
levels, by frequency, according to the weighting functions for each
relevant marine mammal hearing group. These adjusted/weighted spectrum
levels were then converted to pressures ([mu]Pa) in order to integrate
them over the entire broadband spectrum, resulting in broadband
weighted source levels by hearing group that could be directly
incorporated within the User Spreadsheet (i.e., to override the
Spreadsheet's more simple weighting factor adjustment). Using the User
Spreadsheet's ``safe distance'' methodology for mobile sources
(described by Sivle et al., 2014) with the hearing group-specific
weighted source levels, and inputs assuming spherical spreading
propagation, a source velocity of 2.57 m/second (for the 2 m airgun
separation survey) and 4.12 m/second (for the 8 m airgun separation
survey), and a shot interval of 9.72 seconds (for the 2 m airgun
separation survey) and 12.15 seconds (for the 8 m airgun separation
survey) (LGL, 2018), potential radial distances to auditory injury
zones were calculated for SELcum thresholds, for both array
configurations. Inputs to the User Spreadsheet are shown in Table 5.
Outputs from the User Spreadsheet in the form of estimated distances to
Level A harassment isopleths are shown in Table 6. As described above,
the larger distance of the dual criteria (SELcumor Peak
SPLflat) is used for estimating takes by Level A harassment.
The weighting functions used are shown in Table 3 of the IHA
application.
Table 6--Modeled Radial Distances (m) From R/V Atlantis 90 in\3\ Airgun Array to Isopleths Corresponding to
Level A Harassment Thresholds
----------------------------------------------------------------------------------------------------------------
8-kt survey 5-kt survey
with 8-m 8-kt survey with 2-m 5-kt survey
Functional hearing group (Level A harassment airgun with 8-m airgun with 2-m
thresholds) separation: airgun separation: airgun
Peak SPLflat separation: Peak SPLflat separation:
SELcum SELcum
----------------------------------------------------------------------------------------------------------------
Low frequency cetaceans (Lpk,flat: 219 dB; 3.08 2.4 4.89 6.5
LE,LF,24h: 183 dB).............................
Mid frequency cetaceans (Lpk,flat: 230 dB; 0 0 0.98 0
LE,MF,24h: 185 dB).............................
High frequency cetaceans (Lpk,flat: 202 dB; \1\ 35.53 0 \1\ 35.13 0
LE,HF,24h: 155 dB).............................
Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; 4.02 0 5.51 0.1
LE,HF,24h: 185 dB).............................
Otariid Pinnipeds (Underwater) (Lpk,flat: 232 0 0 0.48 0
dB; LE,HF,24h: 203 dB).........................
----------------------------------------------------------------------------------------------------------------
\1\ Distances to isopleths corresponding to Level A harassment threshold for HF cetaceans (peak SPL) have been
revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A
isopleths for high frequency cetaceans.
We note that radial distances to isopleths corresponding to the
Level A harassment threshold for high frequency cetaceans shown in
Table 6, for the peak SPL metric, are slightly different than the
distances that were presented in the proposed IHA. The proposed IHA
presented the radii (versus radial distances) to the Level A isopleth
for high frequency cetaceans, for the peak SPL metric, as shown in
Table 6 of the IHA application (the distances to radii are 34.62 m for
the 2-m airgun separation survey and 34.84 m for the 8-m airgun
separation survey). However,
[[Page 27963]]
as radial distances to the Level A isopleth for high frequency
cetaceans, for the peak SPL metric, are slightly larger than the radii,
we determined that, to be conservative, the radial distances (as shown
in Table 6) should be used to calculate ensonified areas and to
estimate take.
Note that because of some of the assumptions included in the
methods used, isopleths produced may be overestimates to some degree,
which will ultimately result in some degree of overestimate of Level A
take. However, these tools offer the best way to predict appropriate
isopleths when more sophisticated 3D modeling methods are not
available, and NMFS continues to develop ways to quantitatively refine
these tools and will qualitatively address the output where
appropriate. For mobile sources, such as the proposed seismic survey,
the User Spreadsheet predicts the closest distance at which a
stationary animal would not incur PTS if the sound source traveled by
the animal in a straight line at a constant speed.
Marine Mammal Occurrence
In this section we provide the information about the presence,
density, or group dynamics of marine mammals that will inform the take
calculations. The best available scientific information was considered
in conducting marine mammal exposure estimates (the basis for
estimating take). For all cetacean species, densities calculated by
Mannocci et al. (2017) were used. These represent the most
comprehensive and recent density data available for cetacean species in
the survey area. Mannocci et al. (2017) modeled marine mammal densities
using available line transect survey data and habitat-based covariates
and extrapolated model predictions to unsurveyed regions, including the
proposed survey area. The authors considered line transect surveys that
used two or more protected species observers and met the assumptions of
the distance sampling methodology as presented by Buckland et al.
(2001), and included data from shipboard and aerial surveys conducted
from 1992 to 2014 by multiple U.S. organizations (details provided in
Roberts et al. (2016)). The data underlying the model predictions for
the proposed survey area originated from shipboard survey data
presented in Waring et al. (2008). To increase the success of model
transferability to new regions, the authors considered biological
covariates expected to be related directly to cetacean densities
(Wenger & Olden, 2012), namely biomass and production of epipelagic
micronekton and zooplankton predicted with the Spatial Ecosystem and
Population DYnamics Model (SEAPODYM) (Lehodey et al. 2010). Zooplankton
and epipelagic micronekton (i.e., squid, crustaceans, and fish)
constitute potential prey for many of the cetaceans considered, in
particular dolphins and mysticetes (Pauly et al. 1998), and all these
covariates correlate with cetacean distributions (e.g., Ferguson et al.
2006; Doniol-Valcroze et al. 2007; Lambert et al. 2014). There is some
uncertainty related to the estimated density data and the assumptions
used in their calculations, as with all density data estimates.
However, the approach used is based on the best available data.
Take Calculation and Estimation
Here we describe how the information provided above is brought
together to produce a quantitative take estimate. In order to estimate
the number of marine mammals predicted to be exposed to sound levels
that would result in Level B harassment or Level A harassment, radial
distances to predicted isopleths corresponding to the Level A
harassment and Level B harassment thresholds are calculated, as
described above (Table 7). Those distances are then used to calculate
the area(s) around the airgun array predicted to be ensonified to sound
levels that exceed the Level A and Level B harassment thresholds. The
areas estimated to be ensonified in a single day of the survey are then
calculated, based on the areas predicted to be ensonified around the
array and the estimated trackline distance traveled per day (Table 8).
This number is then multiplied by the number of survey days (i.e., 7.5
days for the 5-kt survey with 2-m airgun separation and 17.5 days for
the 8-kt survey with 8-m airgun separation). The product is then
multiplied by 1.25 to account for an additional 25 percent contingency
for potential additional seismic operations due to airgun testing,
mechanical failure, etc. This results in an estimate of the total areas
(km\2\) expected to be ensonified to the Level A harassment and Level B
harassment thresholds. For purposes of Level B take calculations, areas
estimated to be ensonified to Level A harassment thresholds are
subtracted from total areas estimated to be ensonified to Level B
harassment thresholds in order to avoid double counting the animals
taken (i.e., if an animal is taken by Level A harassment, it is not
also counted as taken by Level B harassment). Areas estimated to be
ensonified over the duration of the survey are shown in Table 9. The
marine mammals predicted to occur within these respective areas, based
on estimated densities, are assumed to be incidentally taken. Estimated
takes for all marine mammal species are shown in Table 10.
Table 7--Distances (m) to Isopleths Corresponding to Level A and Level B Harassment Thresholds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Level A harassment threshold \1\
harassment -------------------------------------------------------------------------------
threshold
Survey ---------------- Low frequency Mid frequency High frequency Otariid Phocid
All marine cetaceans cetaceans cetaceans pinnipeds pinnipeds
mammals
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-kt survey with 2-m airgun separation.................. 539 6.5 0.98 \2\ 35.13 5.51 0.48
8-kt survey with 8-m airgun separation.................. 578 3.08 0 \2\ 35.53 4.02 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak
SPL).
\2\ Distances to isopleths corresponding to Level A harassment threshold for HF cetaceans have been revised from those shown in the proposed IHA based
on use of radial distances (vs radii) to estimate Level A isopleths for high frequency cetaceans, as described above.
[[Page 27964]]
Table 8--Areas (km\2\) Estimated To Be Ensonified to Level A and Level B Harassment Thresholds per Day
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Level A harassment threshold \1\
harassment -------------------------------------------------------------------------------
threshold
Survey ---------------- Low frequency Mid frequency High frequency Otariid Phocid
All marine cetaceans cetaceans cetaceans pinnipeds pinnipeds
mammals
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-kt survey with 2-m airgun separation.................. 240.68 2.90 0.44 \2\ 15.63 2.45 0.21
8-kt survey with 8-m airgun separation.................. 412.10 2.19 0 \2\ 25.28 2.86 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak
SPL).
\2 \ Ensonified areas have been revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A isopleths
for high frequency cetaceans, as described above.
Note: Estimated areas shown for single day do not include additional 25 percent contingency.
Table 9--Areas (km\2\) Estimated To Be Ensonified to Level A and Level B Harassment Thresholds Over Duration of Survey
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Level A harassment threshold \1\
harassment -------------------------------------------------------------------------------
threshold
Survey ---------------- Low frequency Mid frequency High frequency Otariid Phocid
All marine cetaceans cetaceans cetaceans pinnipeds pinnipeds
mammals
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-kt survey with 2-m airgun separation.................. 2256.33 27.10 4.09 \2\146.57 22.97 2.0
8-kt survey with 8-m airgun separation.................. 9014.56 47.84 0 \2\552.93 62.50 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak
PL).
\2\ Ensonified areas have been revised from those shown in the proposed IHA based on use of radial distances (vs radii) to estimate Level A isopleths
for high frequency cetaceans, as described above.
Note: Estimated areas shown include additional 25 percent contingency.
Table 10--Numbers of Potential Incidental Take of Marine Mammals Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
instances of
Density (#/ Estimated Authorized Estimated Authorized Total takes takes as a
Species 1,000 km \2\) Level A takes Level A takes Level B takes Level B takes authorized percentage of
SAR abundance
\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale \2\...................... 10 1 0 112 113 113 * 0.9
Minke whale............................. 4 0 0 45 45 45 * 0.2
Bryde's whale........................... 0.1 0 0 1 1 1 unknown
Sei whale \2\........................... 10 1 0 112 113 113 31.4
Fin whale............................... 8 1 0 89 90 90 * 2.6
Blue whale.............................. 0 0 0 0 1 1 0.2
Sperm whale............................. 40 0 0 451 451 451 19.7
Cuvier's beaked whale \3\............... 60 0 0 135 135 135 2.0
Northern bottlenose whale \4\........... 0.8 0 0 9 9 9 unknown
True's beaked whale \3\................. 60 0 0 135 135 135 1.9
Gervais beaked whale \3\................ 60 0 0 135 135 135 1.9
Sowerby's beaked whale \3\.............. 60 0 0 135 135 135 1.9
Blainville's beaked whale \3\........... 60 0 0 135 135 135 1.9
Rough-toothed dolphin................... 3 0 0 34 34 34 12.5
Bottlenose dolphin \4\.................. 60 0 0 676 676 676 0.9
Pantropical spotted dolphin............. 10 0 0 113 113 113 3.4
Atlantic spotted dolphin................ 40 0 0 451 451 451 1.0
Striped dolphin......................... 80 0 0 902 902 902 1.6
Atlantic white-sided dolphin \4\........ 60 0 0 676 676 676 1.4
White-beaked dolphin.................... 1 0 0 11 11 11 0.6
Common dolphin.......................... 800 3 0 9014 9017 9017 * 5.2
Risso's dolphin \4\..................... 20 0 0 225 225 225 1.2
Pygmy killer whale \5\.................. 1.5 0 0 17 17 17 unknown
False killer whale...................... 2 0 0 23 23 23 5.2
Killer whale \ 5 6\..................... 0.2 0 0 2 5 5 unknown
[[Page 27965]]
Long-finned/short-finned Pilot whale \ 200 1 0 2253 2254 2254 8.3
7\.....................................
Pygmy/dwarf sperm whale................. 0.6 0 0 7 7 7 0.2
Harbor porpoise \8\..................... 60 42 42 634 634 676 0.8
Ringed seal \5\......................... 0 0 0 0 1 1 unknown
Hooded seal............................. 0 0 0 0 1 1 <0.1
Harp seal............................... 0 0 0 0 1 1 <0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1 \ While we have in most cases provided comparisons of the instances of takes as a percentage of SAR abundance as the best available information
regarding population abundance, we note that these are likely underestimates of the relevant North Atlantic populations, as the proposed survey area
is outside the U.S. EEZ.
* Instances of takes are shown as a percentage of abundance as described by TNASS or NMFS Status Review, as described above.
\2\ Level A takes of these species were estimated based on NMFS' take calculation methodology, but NMFS has determined Level A take of these species is
not likely to occur, as described in more detail in the text below. To avoid undercounting the takes estimated to occur, the number of takes by Level
A harassment that had been estimated for these species, but that NMFS has determined are unlikely to occur as described below, are therefore assumed
to be Level B harassment takes. Thus the number of Level A harassment takes that had been calculated for these species has been added to the number of
Level B takes authorized for the species.
\3\ Density value represents the density for all beaked whale species combined. Requested take and take authorized are based on the proportion of all
beaked whales expected to be taken (thus 677 total estimated beaked whale takes were calculated based on the density of all beaked whales combined,
and this number has been divided by 5 (for the 5 species of beaked whales expected to be taken) for a total of 135 takes per species of beaked whale.
\4\ Number of take authorized has been revised slightly from that shown in proposed IHA due to math error.
\5\ The population abundance for the species is unknown.
\6\ Authorized take number for killer whales has been increased from the calculated take to mean group size for the species. Source for mean group size
is Waring et al. (2008).
\7\ Values for density, take number, and percentage of population authorized are for short-finned and long-finned pilot whales combined.
\8\ Number of Level A and Level B takes authorized is slightly different than shown in proposed IHA due to use of radial distance (vs radii) to level A
isopleth as described above.
For some marine mammal species, we authorize a different number of
incidental takes than the number of incidental takes requested by SIO
(see Table 8 in the IHA application for requested take numbers). For
instance, SIO requested 1 take of a North Atlantic right whale and 3
takes of bowhead whales; however, we have determined the likelihood of
the survey encountering these species is so low as to be discountable,
therefore we do not authorize takes of these species. Also, SIO
requested Level A takes of humpback whales, sei whales, fin whales,
common dolphins, and pilot whales; however, due to very small zones
corresponding to Level A harassment for low-frequency and mid-frequency
cetaceans (Table 6) we have determined the likelihood of Level A take
occurring for species from these functional hearing groups is so low as
to be discountable, therefore we do not authorize Level A take of these
species. Note that the Level A takes that were calculated for these
species (humpback whales, sei whales, fin whales, common dolphins, and
pilot whales) have been included in the number of Level B takes.
Finally, SIO requested 2,254 takes of short-finned pilot whales and
2,254 takes of long-finned pilot whales (total 4,508 pilot whale takes
requested); however, as Mannocci et al. (2017) presents one single
density estimate for all pilot whales (the pilot whale ``guild''), a
total of 2,254 takes of pilot whales were calculated as potentially
taken by the proposed survey. Thus SIO's request take number is
actually double the number of take that was calculated. We do not think
doubling the take estimate is warranted, thus we authorize a total of
2,254 takes of pilot whales (short-finned and long-finned pilot whales
combined). We note that numbers of take authorized for bottlenose
dolphin, Atlantic white-sided dolphin, and Risso's dolphin have changed
slightly (each has been reduced by one take) from the numbers of take
presented in the proposed IHA due to a math error. We note also that
the number of instances of authorized Level A take of harbor porpoise
has increased by one, and the number of instances of authorized Level B
take of harbor porpoise has decreased by one, versus the numbers of
take presented in the proposed IHA, due to the slight change in the
estimate of the Level A ensonified area for high frequency cetaceans as
described above; the total number of harbor porpoise takes has not
changed from the total presented in the proposed IHA.
Species with Take Estimates Less than Mean Group Size: Using the
approach described above to estimate take, the take estimate for killer
whales was less than the average group size estimated for the species
(Waring et al., 2008). Information on the social structure and life
history of the species indicates it is common for the species to be
encountered in groups. The results of take calculations support the
likelihood that SIO's survey may encounter and incidentally take the
species, and we believe it is likely that the species may be
encountered in groups; therefore it is reasonable to conservatively
assume that one group of the species will be taken during the proposed
survey. We therefore authorize the take of the average (mean) group
size for the species to account for the possibility that SIO's survey
encounters a group of killer whales.
Species with No Available Density Data: No density data were
available for the blue whale; however, blue whales have been observed
in the survey area (Waring et al., 2008), thus we determined there is a
possibility that the proposed survey may encounter one blue whale and
that one blue whale may be taken by Level B harassment by the proposed
survey; we therefore authorize one take of blue whale as requested by
[[Page 27966]]
SIO. No density data were available for ringed seal, hooded seal or
harp seal; however based on the ranges of these species we have
determined it is possible they may be encountered and taken by Level B
harassment by the proposed survey, therefore we authorize one take of
each species as requested by SIO.
It should be noted that the take numbers shown in Table 10 are
believed to be conservative for several reasons. First, in the
calculations of estimated take, 25 percent has been added in the form
of operational survey days (equivalent to adding 25 percent to the
proposed line km to be surveyed) to account for the possibility of
additional seismic operations associated with airgun testing, and
repeat coverage of any areas where initial data quality is sub-
standard.
Mitigation
In order to issue an IHA 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 impact on
such species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned) the likelihood of effective implementation (probability
implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
SIO has reviewed mitigation measures employed during seismic
research surveys authorized by NMFS under previous incidental
harassment authorizations, as well as recommended best practices in
Richardson et al. (1995), Pierson et al. (1998), Weir and Dolman
(2007), Nowacek et al. (2013), Wright (2014), and Wright and Cosentino
(2015), and has incorporated a suite of mitigation measures into their
project description based on the above sources.
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, SIO has proposed to implement the
following mitigation measures for marine mammals:
(1) Vessel-based visual mitigation monitoring;
(2) Establishment of a marine mammal exclusion zone (EZ);
(3) Shutdown procedures;
(4) Ramp-up procedures; and
(5) Vessel strike avoidance measures.
In addition to the measures proposed by SIO, NMFS has incorporated
the following mitigation measure: Establishment of a marine mammal
buffer zone.
PSO observations will take place during all daytime airgun
operations and nighttime start-ups (if applicable) of the airguns. If
airguns are operating throughout the night, observations will begin 30
minutes prior to sunrise. If airguns are operating after sunset,
observations will continue until 30 minutes following sunset. Following
a shutdown for any reason, observations will occur for at least 30
minutes prior to the planned start of airgun operations. Observations
will also occur for 30 minutes after airgun operations cease for any
reason. Observations will also be made during daytime periods when the
Atlantis is underway without seismic operations, such as during
transits, to allow for comparison of sighting rates and behavior with
and without airgun operations and between acquisition periods. Airgun
operations will be suspended when marine mammals are observed within,
or about to enter, the designated EZ (as described below).
During seismic operations, three visual PSOs will be based aboard
the Atlantis. PSOs will be appointed by SIO with NMFS approval. During
the majority of seismic operations, two PSOs will monitor for marine
mammals around the seismic vessel. A minimum of one PSO must be on duty
at all times when the array is active. PSO(s) will be on duty in shifts
of duration no longer than 4 hours. Other crew will also be instructed
to assist in detecting marine mammals and in implementing mitigation
requirements (if practical). Before the start of the seismic survey,
the crew will be given additional instruction in detecting marine
mammals and implementing mitigation requirements.
The Atlantis is a suitable platform from which PSOs will watch for
marine mammals. Standard equipment for marine mammal observers will be
7 x 50 reticule binoculars and optical range finders. At night, night-
vision equipment will be available. The observers will be in
communication with ship's officers on the bridge and scientists in the
vessel's operations laboratory, so they can advise promptly of the need
for avoidance maneuvers or seismic source shutdown.
The PSOs must have no tasks other than to conduct observational
effort, record observational data, and communicate with and instruct
relevant vessel crew with regard to the presence of marine mammals and
mitigation requirements. PSO resumes will be provided to NMFS for
approval. At least one PSO must have a minimum of 90 days at-sea
experience working as PSOs during a seismic survey. One ``experienced''
visual PSO will be designated as the lead for the entire protected
species observation team. The lead will serve as primary point of
contact for the vessel operator. The PSOs must have successfully
completed relevant training, including completion of all required
coursework and passing a written and/or oral examination developed for
the training program, and must have successfully attained a bachelor's
degree from an accredited college or university with a major in one of
the natural sciences and a minimum of 30 semester hours or equivalent
in the biological sciences and at least one undergraduate course in
math or statistics. The educational requirements may be waived if the
PSO has acquired the relevant skills through alternate training,
including (1) secondary education and/or experience comparable to PSO
duties; (2) previous work experience conducting academic, commercial,
or government-sponsored marine mammal surveys; or (3) previous work
experience as a PSO; the PSO should demonstrate good standing and
[[Page 27967]]
consistently good performance of PSO duties.
Exclusion Zone and Buffer Zone
An EZ is a defined area within which occurrence of a marine mammal
triggers mitigation action intended to reduce the potential for certain
outcomes, e.g., auditory injury, disruption of critical behaviors. The
PSOs will establish a minimum EZ with a 100 m radius for the airgun
array. The 100 m EZ will be based on radial distance from any element
of the airgun array (rather than being based on the center of the array
or around the vessel itself). With certain exceptions (described
below), if a marine mammal appears within, enters, or appears on a
course to enter this zone, the acoustic source will be shut down (see
Shutdown Procedures below).
The 100 m radial distance of the standard EZ is precautionary in
the sense that it would be expected to contain sound exceeding injury
criteria for all marine mammal hearing groups (Table 6) while also
providing a consistent, reasonably observable zone within which PSOs
would typically be able to conduct effective observational effort. In
this case, the 100 m radial distance would also be expected to contain
sound that would exceed the Level A harassment threshold based on sound
exposure level (SELcum) criteria for all marine mammal
hearing groups (Table 6). In the 2011 Programmatic Environmental Impact
Statement for marine scientific research funded by the National Science
Foundation or the U.S. Geological Survey (NSF-USGS 2011), Alternative B
(the Preferred Alternative) conservatively applied a 100 m EZ for all
low-energy acoustic sources in water depths >100 m, with low-energy
acoustic sources defined as any towed acoustic source with a single or
a pair of clustered airguns with individual volumes of <=250 in\3\.
Thus the 100 m EZ for this survey is consistent with the PEIS.
Our intent in prescribing a standard EZ distance is to (1)
encompass zones within which auditory injury could occur on the basis
of instantaneous exposure; (2) provide additional protection from the
potential for more severe behavioral reactions (e.g., panic,
antipredator response) for marine mammals at relatively close range to
the acoustic source; (3) provide consistency for PSOs, who need to
monitor and implement the EZ; and (4) define a distance within which
detection probabilities are reasonably high for most species under
typical conditions.
PSOs will also establish and monitor a 200 m buffer zone. During
use of the acoustic source, occurrence of marine mammals within the
buffer zone (but outside the EZ) will be communicated to the operator
to prepare for potential shutdown of the acoustic source. The buffer
zone is discussed further under Ramp Up Procedures below.
Shutdown Procedures
If a marine mammal is detected outside the EZ but is likely to
enter the EZ, the airguns will be shut down before the animal is within
the EZ. Likewise, if a marine mammal is already within the EZ when
first detected, the airguns will be shut down immediately.
Following a shutdown, airgun activity will not resume until the
marine mammal has cleared the 100 m EZ. The animal will be considered
to have cleared the 100 m EZ if the following conditions have been met:
It is visually observed to have departed the 100 m EZ; or
it has not been seen within the 100 m EZ for 15 min in the
case of small odontocetes and pinnipeds; or
it has not been seen within the 100 m EZ for 30 min in the
case of mysticetes and large odontocetes, including sperm, pygmy and
dwarf sperm, and beaked whales.
This shutdown requirement will be in place for all marine mammals,
with the exception of small delphinoids under certain circumstances. As
defined here, the small delphinoid group is intended to encompass those
members of the Family Delphinidae most likely to voluntarily approach
the source vessel for purposes of interacting with the vessel and/or
airgun array (e.g., bow riding). This exception to the shutdown
requirement will apply solely to specific genera of small dolphins--
Tursiops, Steno, Stenella, Lagenorhynchus and Delphinus--and will only
apply if the animals were traveling, including approaching the vessel.
If, for example, an animal or group of animals is stationary for some
reason (e.g., feeding) and the source vessel approaches the animals,
the shutdown requirement applies. An animal with sufficient incentive
to remain in an area rather than avoid an otherwise aversive stimulus
could either incur auditory injury or disruption of important behavior.
If there is uncertainty regarding identification (i.e., whether the
observed animal(s) belongs to the group described above) or whether the
animals are traveling, the shutdown will be implemented.
We include this small delphinoid exception because shutdown
requirements for small delphinoids under all circumstances represent
practicability concerns without likely commensurate benefits for the
animals in question. Small delphinoids are generally the most commonly
observed marine mammals in the specific geographic region and would
typically be the only marine mammals likely to intentionally approach
the vessel. As described below, auditory injury is extremely unlikely
to occur for mid-frequency cetaceans (e.g., delphinids), as this group
is relatively insensitive to sound produced at the predominant
frequencies in an airgun pulse while also having a relatively high
threshold for the onset of auditory injury (i.e., permanent threshold
shift). Please see the Federal Register notice of proposed IHA (83 FR
18644; April 27, 2018) for further discussion of sound metrics and
thresholds and marine mammal hearing.
A large body of anecdotal evidence indicates that small delphinoids
commonly approach vessels and/or towed arrays during active sound
production for purposes of bow riding, with no apparent effect observed
in those delphinoids (e.g., Barkaszi et al., 2012). The potential for
increased shutdowns resulting from such a measure would require the
Atlantis to revisit the missed track line to reacquire data, resulting
in an overall increase in the total sound energy input to the marine
environment and an increase in the total duration over which the survey
is active in a given area. Although other mid-frequency hearing
specialists (e.g., large delphinoids) are no more likely to incur
auditory injury than are small delphinoids, they are much less likely
to approach vessels. Therefore, retaining a shutdown requirement for
large delphinoids would not have similar impacts in terms of either
practicability for the applicant or corollary increase in sound energy
output and time on the water. We do anticipate some benefit for a
shutdown requirement for large delphinoids in that it simplifies
somewhat the total range of decision-making for PSOs and may preclude
any potential for physiological effects other than to the auditory
system as well as some more severe behavioral reactions for any such
animals in close proximity to the source vessel.
Shutdown of the acoustic source will also be required upon
observation of any of the following:
A large whale (i.e., sperm whale or any baleen whale) with
a calf observed at any distance;
an aggregation of six or more large whales of any species
(i.e., sperm whale or any baleen whale) that does not appear to be
traveling (e.g., feeding, socializing, etc.) observed at any distance;
or
[[Page 27968]]
a species for which authorization has not been granted,
or, a species for which authorization has been granted but the
authorized number of takes are met, observed approaching or within the
Level A or B harassment zone.
Ramp-up Procedures
Ramp-up of an acoustic source is intended to provide a gradual
increase in sound levels following a shutdown, enabling animals to move
away from the source if the signal is sufficiently aversive prior to
its reaching full intensity. Ramp-up will be required after the array
is shut down for any reason. Ramp-up will begin with the activation of
one 45 in\3\ airgun, with the second 45 in\3\ airgun activated after 5
minutes.
At least two PSOs will be required to monitor during ramp-up.
During ramp up, the PSOs will monitor the EZ, and if marine mammals
were observed within the EZ or buffer zone, a shutdown will be
implemented as though the full array were operational. If airguns have
been shut down due to PSO detection of a marine mammal within or
approaching the 100 m EZ, ramp-up will not be initiated until all
marine mammals have cleared the EZ, during the day or night. Criteria
for clearing the EZ will be as described above.
Thirty minutes of pre-clearance observation are required prior to
ramp-up for any shutdown of longer than 30 minutes (i.e., if the array
were shut down during transit from one line to another). This 30 minute
pre-clearance period may occur during any vessel activity (i.e.,
transit). If a marine mammal were observed within or approaching the
100 m EZ during this pre-clearance period, ramp-up will not be
initiated until all marine mammals cleared the EZ. Criteria for
clearing the EZ will be as described above. If the airgun array has
been shut down for reasons other than mitigation (e.g., mechanical
difficulty) for a period of less than 30 minutes, it may be activated
again without ramp-up if PSOs have maintained constant visual
observation and no detections of any marine mammal have occurred within
the EZ or buffer zone. Ramp-up will be planned to occur during periods
of good visibility when possible. However, ramp-up is allowed at night
and during poor visibility if the 100 m EZ and 200 m buffer zone have
been monitored by visual PSOs for 30 minutes prior to ramp-up.
The operator is required to notify a designated PSO of the planned
start of ramp-up as agreed-upon with the lead PSO; the notification
time should not be less than 60 minutes prior to the planned ramp-up. A
designated PSO must be notified again immediately prior to initiating
ramp-up procedures and the operator must receive confirmation from the
PSO to proceed. The operator must provide information to PSOs
documenting that appropriate procedures were followed. Following
deactivation of the array for reasons other than mitigation, the
operator is required to communicate the near-term operational plan to
the lead PSO with justification for any planned nighttime ramp-up.
Vessel Strike Avoidance Measures
Vessel strike avoidance measures are intended to minimize the
potential for collisions with marine mammals. These requirements do not
apply in any case where compliance creates an imminent and serious
threat to a person or vessel or to the extent that a vessel is
restricted in its ability to maneuver and, because of the restriction,
cannot comply.
The measures include the following: Vessel operator and crew will
maintain a vigilant watch for all marine mammals and slow down or stop
the vessel or alter course to avoid striking any marine mammal. A
visual observer aboard the vessel will monitor a vessel strike
avoidance zone around the vessel according to the parameters stated
below. Visual observers monitoring the vessel strike avoidance zone
will be either third-party observers or crew members, but crew members
responsible for these duties will be provided sufficient training to
distinguish marine mammals from other phenomena. Vessel strike
avoidance measures will be followed during surveys and while in
transit.
The vessel will maintain a minimum separation distance of 100 m
from large whales (i.e., baleen whales and sperm whales). If a large
whale is within 100 m of the vessel the vessel will reduce speed and
shift the engine to neutral, and will not engage the engines until the
whale has moved outside of the vessel's path and the minimum separation
distance has been established. If the vessel is stationary, the vessel
will not engage engines until the whale(s) has moved out of the
vessel's path and beyond 100 m. The vessel will maintain a minimum
separation distance of 50 m from all other marine mammals (with the
exception of delphinids of the genera Tursiops, Steno, Stenella,
Lagenorhynchus and Delphinus that approach the vessel, as described
above). If an animal is encountered during transit, the vessel will
attempt to remain parallel to the animal's course, avoiding excessive
speed or abrupt changes in course. Vessel speeds will be reduced to 10
knots or less when mother/calf pairs or large assemblages of cetaceans
(what constitutes ``large'' will vary depending on species) are
observed within 500 m of the vessel. Mariners may use professional
judgment as to when such circumstances warranting additional caution
are present.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the mitigation measures provide the means effecting
the least practicable impact on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA 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
authorizations 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
proposed action area. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
[[Page 27969]]
How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
SIO submitted a marine mammal monitoring and reporting plan in
their IHA application. Monitoring that is designed specifically to
facilitate mitigation measures, such as monitoring of the EZ to inform
potential shutdowns of the airgun array, are described above and are
not repeated here.
SIO's monitoring and reporting plan includes the following
measures:
Vessel-Based Visual Monitoring
As described above, PSO observations will take place during daytime
airgun operations and nighttime start-ups (if applicable) of the
airguns. During seismic operations, three visual PSOs will be based
aboard the Atlantis. PSOs will be appointed by SIO with NMFS approval.
During the majority of seismic operations, one PSO will monitor for
marine mammals around the seismic vessel. PSOs will be on duty in
shifts of duration no longer than 4 hours. Other crew will also be
instructed to assist in detecting marine mammals and in implementing
mitigation requirements (if practical). During daytime, PSOs will scan
the area around the vessel systematically with reticle binoculars
(e.g., 7x50 Fujinon) and with the naked eye. At night, PSOs will be
equipped with night-vision equipment.
PSOs 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 shutdown 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; and
(2) Time, location, heading, speed, activity of the vessel, sea
state, visibility, and sun glare.
All observations and shutdowns 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. The time, location, heading, speed,
activity of the vessel, sea state, visibility, and sun glare 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.
Results from the vessel-based observations will provide:
(1) The basis for real-time mitigation (e.g., airgun shutdown);
(2) Information needed to estimate the number of marine mammals
potentially taken by harassment, which must be reported to NMFS;
(3) Data on the occurrence, distribution, and activities of marine
mammals in the area where the seismic study is conducted;
(4) Information to compare the distance and distribution of marine
mammals relative to the source vessel at times with and without seismic
activity; and
(5) Data on the behavior and movement patterns of marine mammals
seen at times with and without seismic activity.
Reporting
A report will be submitted to NMFS within 90 days after the end of
the survey. The report will describe the operations that were conducted
and sightings of marine mammals near the operations. The report will
provide full documentation of methods, results, and interpretation
pertaining to all monitoring and will summarize the dates and locations
of seismic operations, 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 occurred above the harassment threshold based on PSO
observations, including an estimate of those on the trackline but not
detected.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact 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 (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29, 1989), the impacts from other
past and ongoing anthropogenic activities are incorporated into this
analysis via their impacts on the environmental baseline (e.g., as
reflected in the regulatory status of the species, population size and
growth rate where known, ongoing sources of human-caused mortality, or
ambient noise levels).
To avoid repetition, our analysis applies to all the species listed
in Table 2, given that NMFS expects the anticipated effects of the
planned seismic survey to be similar in nature. Where there are
meaningful differences between species or stocks, or groups of species,
in anticipated individual responses to activities, impact of expected
take on the population due to differences in population status, or
impacts on habitat, NMFS has identified species-specific factors to
inform the analysis.
NMFS does not anticipate that serious injury or mortality will
occur as a result of SIO's planned seismic survey, even in the absence
of mitigation. Thus the authorization does not authorize any mortality.
As discussed in the Potential Effects section, non-auditory physical
effects, stranding, and vessel strike are not expected to occur.
We authorize a limited number of instances of Level A harassment
(Table 10) for one species. However, we believe
[[Page 27970]]
that any PTS incurred in marine mammals as a result of the planned
activity would be in the form of only a small degree of PTS and not
total deafness that would not be likely to affect the fitness of any
individuals, because of the constant movement of both the Atlantis and
of the marine mammals in the project area, as well as the fact that the
vessel is not expected to remain in any one area in which individual
marine mammals would be expected to concentrate for an extended period
of time (i.e., since the duration of exposure to loud sounds will be
relatively short). Also, as described above, we expect that marine
mammals would be likely to move away from a sound source that
represents an aversive stimulus, especially at levels that would be
expected to result in PTS, given sufficient notice of the Atlantis's
approach due to the vessel's relatively low speed when conducting
seismic surveys. We expect that the majority of takes would be in the
form of short-term Level B behavioral harassment in the form of
temporary avoidance of the area or decreased foraging (if such activity
were occurring), reactions that are considered to be of low severity
and with no lasting biological consequences (e.g., Southall et al.,
2007).
Potential impacts to marine mammal habitat were discussed
previously in this document (see Potential Effects of the Specified
Activity on Marine Mammals and their Habitat). Marine mammal habitat
may be impacted by elevated sound levels, but these impacts would be
temporary. Feeding behavior is not likely to be significantly impacted,
as marine mammals appear to be less likely to exhibit behavioral
reactions or avoidance responses while engaged in feeding activities
(Richardson et al., 1995). Prey species are mobile and are broadly
distributed throughout the project area; therefore, marine mammals that
may be temporarily displaced during survey activities are expected to
be able to resume foraging once they have moved away from areas with
disturbing levels of underwater noise. Because of the temporary nature
of the disturbance, the availability of similar habitat and resources
in the surrounding area, and the lack of important or unique marine
mammal habitat, the impacts to marine mammals and the food sources that
they utilize are not expected to cause significant or long-term
consequences for individual marine mammals or their populations. In
addition, there are no feeding, mating or calving areas known to be
biologically important to marine mammals within the proposed project
area.
As described above, though marine mammals in the survey area would
not be assigned to NMFS stocks, for purposes of the small numbers
analysis we rely on stock numbers from the U.S. Atlantic SARs as the
best available information on the abundance estimates for the species
of marine mammals that could be taken. The activity is expected to
impact a very small percentage of all marine mammal populations that
would be affected by SIO's planned survey (less than 32 percent each
for all marine mammal stocks, when compared with stocks from the U.S.
Atlantic as described above). Additionally, the acoustic ``footprint''
of the proposed survey would be very small relative to the ranges of
all marine mammals that would potentially be affected. Sound levels
would increase in the marine environment in a relatively small area
surrounding the vessel compared to the range of the marine mammals
within the proposed survey area. The seismic array would be active 24
hours per day throughout the duration of the proposed survey. However,
the very brief overall duration of the proposed survey (25 days) would
further limit potential impacts that may occur as a result of the
proposed activity.
The mitigation measures are expected to reduce the number and/or
severity of takes by allowing for detection of marine mammals in the
vicinity of the vessel by visual and acoustic observers, and by
minimizing the severity of any potential exposures via shutdowns of the
airgun array. Based on previous monitoring reports for substantially
similar activities that have been previously authorized by NMFS, we
expect that the mitigation measures will be effective in preventing at
least some extent of potential PTS in marine mammals that may otherwise
occur in the absence of mitigation measures.
Of the marine mammal species under our jurisdiction that are likely
to occur in the project area, the following species are listed as
endangered under the ESA: fin, sei, blue, and sperm whales. There are
currently insufficient data to determine population trends for these
species (Hayes et al., 2017); however, we are authorizing very small
numbers of takes for these species (Table 10), relative to their
population sizes (again, when compared to U.S. Atlantic stocks, for
purposes of comparison only), therefore we do not expect population-
level impacts to any of these species. The other marine mammal species
that may be taken by harassment during SIO's seismic survey are not
listed as threatened or endangered under the ESA. There is no
designated critical habitat for any ESA-listed marine mammals within
the project area; of the non-listed marine mammals for which we
authorize take, none are considered ``depleted'' or ``strategic'' by
NMFS under the MMPA.
NMFS concludes that exposures to marine mammal species due to SIO's
seismic survey would result in only short-term (temporary and short in
duration) effects to individuals exposed, or some small degree of PTS
to a very small number of individuals of four species. Marine mammals
may temporarily avoid the immediate area, but are not expected to
permanently abandon the area. Major shifts in habitat use,
distribution, or foraging success are not expected. NMFS does not
anticipate the take estimates to impact annual rates of recruitment or
survival.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stock through
effects on annual rates of recruitment or survival:
No mortality is anticipated or authorized;
The anticipated impacts of the proposed activity on marine
mammals would primarily be temporary behavioral changes due to
avoidance of the area around the survey vessel. The relatively short
duration of the proposed survey (25 days) would further limit the
potential impacts of any temporary behavioral changes that would occur;
The number of instances of PTS that may occur are expected
to be very small in number (Table 10). Instances of PTS that are
incurred in marine mammals would be of a low level, due to constant
movement of the vessel and of the marine mammals in the area, and the
nature of the survey design (not concentrated in areas of high marine
mammal concentration);
The availability of alternate areas of similar habitat
value for marine mammals to temporarily vacate the survey area during
the proposed survey to avoid exposure to sounds from the activity;
The proposed project area does not contain areas of
significance for feeding, mating or calving;
The potential adverse effects on fish or invertebrate
species that serve as prey species for marine mammals from the proposed
survey would be temporary and spatially limited; and
The mitigation measures, including visual and acoustic
monitoring and shutdowns, are expected to minimize potential impacts to
marine mammals.
[[Page 27971]]
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 monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
specified activity will have a negligible impact on all affected marine
mammal species or stocks.
Small Numbers
As noted above, only small numbers of incidental take may be
authorized under Section 101(a)(5)(D) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, where estimated numbers are
available, NMFS compares the number of individuals taken to the most
appropriate estimation of abundance of the relevant species or stock in
our determination of whether an authorization is limited to small
numbers of marine mammals. Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.
Due to the location of SIO's survey, some of the marine mammals
potentially taken by the proposed survey would not be expected to
originate from the U.S. Atlantic stocks as defined by NMFS (Hayes et
al., 2017). Population abundance data for marine mammal species in the
survey area is not available. Therefore, in most cases the U.S.
Atlantic SARs represent the best available information on marine mammal
abundance in the Northwest Atlantic Ocean. For certain species (i.e.,
fin whale, minke whale and common dolphin) the 2007 Canadian Trans-
North Atlantic Sighting Survey (TNASS), which provided full coverage of
the Atlantic Canadian coast (Lawson and Gosselin, 2009) represents the
best available information on abundance, as noted previously. Abundance
estimates from TNASS were corrected for perception and availability
bias, when possible. In general, where the TNASS survey effort provided
more extensive coverage of a stock's range (as compared with NOAA
shipboard survey effort), we elected to use the resulting abundance
estimate over the current NMFS abundance estimate (derived from survey
effort with more limited coverage of the stock range). For the humpback
whale, NMFS defines a stock of humpback whales in the Atlantic only on
the basis of the Gulf of Maine feeding population; however, multiple
feeding populations originate from the DPS of humpback whales that is
expected to occur in the proposed survey area (the West Indies DPS). As
West Indies DPS whales from multiple feeding populations may be
encountered in the proposed survey area, the total abundance of the
West Indies DPS best reflects the abundance of the population that may
encountered by the proposed survey. The West Indies DPS abundance
estimate used here reflects the latest estimate as described in the
NMFS Status Review of the Humpback Whale under the Endangered Species
Act (Bettridge et al., 2015). Therefore, we use abundance data from the
SARs in most cases, as well as from the TNASS and NMFS Status Review,
for purposes of the small numbers analysis.
The numbers of takes that we authorize are less than 10 percent of
the population abundance for the majority of species and stocks, and 20
percent for sperm whales and 31 percent for fin whales, when compared
to abundance estimates from U.S. Atlantic SARs and TNASS and NMFS
Status Review (Table 10). We again note that while some animals from
U.S. stocks may occur in the proposed survey area, the proposed survey
area is outside the geographic boundaries of the U.S. Atlantic SARs,
thus populations of marine mammals in the proposed survey area would
not be limited to the U.S. stocks and those populations may in fact be
larger than the U.S. stock abundance estimates. In addition, it should
be noted that take numbers represent instances of take, not individuals
taken. Given the relatively small survey grids (Figure 1 in the IHA
application), it is reasonable to expect that some individuals may be
exposed more than one time, which would mean that the number of
individuals taken is somewhat smaller than the total instances of take
indicated in Table 10.
No known current regional population estimates are available for
five marine mammal species that could be incidentally taken as a result
of the planned survey: the Bryde's whale, killer whale, pygmy killer
whale, Northern bottlenose whale, and ringed seal. NMFS has reviewed
the geographic distributions of these species in determining whether
the numbers of takes authorized are likely to represent small numbers.
Bryde's whales are distributed worldwide in tropical and sub-tropical
waters (Kato and Perrin, 2009). Killer whales are broadly distributed
in the Atlantic from the Arctic ice edge to the West Indies (Waring et
al., 2015). The pygmy killer whale is distributed worldwide in tropical
to sub-tropical waters (Jefferson et al. 1994). Northern bottlenose
whales are distributed in the North Atlantic from Nova Scotia to about
70[deg] N in the Davis Strait, along the east coast of Greenland to
77[deg] N and from England, Norway, Iceland and the Faroe Islands to
the south coast of Svalbard (Waring et al., 2015). The harp seal occurs
throughout much of the North Atlantic and Arctic Oceans (Lavigne and
Kovacs 1988). Based on the broad spatial distributions of these species
relative to the areas where the proposed survey would occur, NMFS
concludes that the authorized take of these species represent small
numbers relative to the affected species' overall population sizes,
though we are unable to quantify the authorized take numbers as a
percentage of population.
Based on the analysis contained herein of the specified activity
(including the mitigation and monitoring measures) and the anticipated
take of marine mammals, NMFS finds that small numbers of marine mammals
will be taken relative to the population size of the affected species
or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
Endangered Species Act (ESA)
Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 et seq.)
requires that each Federal agency insure that any action it authorizes,
funds, or carries out is not likely to jeopardize the continued
existence of any endangered or threatened species or result in the
destruction or adverse modification of designated critical habitat. To
ensure ESA compliance for the issuance of IHAs, NMFS consults
internally, in this case with the ESA Interagency Cooperation Division,
whenever we propose to authorize take for endangered or threatened
species.
The NMFS Permits and Conservation Division is authorizing the
incidental take of 4 species of marine mammals which are listed under
the ESA: The sei whale, fin whale, blue whale and sperm whale. Under
Section 7 of the ESA, we requested initiation of Section 7 consultation
with the NMFS OPR Interagency Cooperation Division for the issuance of
this IHA. In June, 2018, the NMFS OPR Interagency Cooperation Division
issued a Biological Opinion with an incidental take statement, which
concluded that the issuance of
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the IHA was not likely to jeopardize the continued existence of the sei
whale, fin whale, blue whale and sperm whale. The Biological Opinion
also concluded that the issuance of the IHA would not destroy or
adversely modify designated critical habitat for these species.
Authorization
NMFS has issued an IHA to SIO for the potential harassment of small
numbers of 35 marine mammal species incidental to a low-energy marine
geophysical survey in the northwest Atlantic Ocean, provided the
previously mentioned mitigation, monitoring and reporting requirements
are incorporated.
Dated: June 12, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-12907 Filed 6-14-18; 8:45 am]
BILLING CODE 3510-22-P