2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts, 28824-28826 [2018-13313]
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
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.
The numbers of marine mammals that
we authorize to be taken, for all species
and stocks, would be considered small
relative to the relevant stocks or
populations (less than 11 percent of
each species and stock). See Table 6.
Based on the analysis contained herein
of the proposed 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.
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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
Section 7(a)(2) of the Endangered
Species Act 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 NMFS
Greater Atlantic Regional Fisheries
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Office (GARFO), whenever we propose
to authorize take for endangered or
threatened species.
The NMFS Office of Protected
Resources is authorizing the incidental
take of four species of marine mammals
which are listed under the ESA: The
North Atlantic right, fin, sei, and sperm
whale. BOEM consulted with NMFS
GARFO under section 7 of the ESA on
commercial wind lease issuance and
site assessment activities on the Atlantic
Outer Continental Shelf in
Massachusetts, Rhode Island, New York
and New Jersey Wind Energy Areas. The
NMFS GARFO issued a Biological
Opinion concluding that these activities
may adversely affect but are not
likely to jeopardize the continued
existence of the North Atlantic right, fin,
and sperm whale. The Biological
Opinion can be found online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. Upon request from
the NMFS Office of Protected Resources,
the NMFS GARFO will issue an
amended incidental take statement
associated with this Biological Opinion
to include the takes of the ESA-listed
marine mammal species authorized
through this IHA.
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. Accordingly,
NMFS prepared an Environmental
Assessment (EA) and analyzed the
potential impacts to marine mammals
that would result from the project, as
well as from a similar project proposed
by Garden State Offshore Energy (a
subsidiary of Deepwater Wind) off the
coast of Delaware. A Finding of No
Significant Impact (FONSI) was signed
on June 13, 2018. A copy of the EA and
FONSI is available online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable.
Authorization
NMFS has issued an IHA to
Deepwater Wind New England, LLC for
conducting marine site characterization
surveys offshore of Rhode Island and
Massachusetts and along potential
submarine cable routes, for a period of
one year, provided the previously
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mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: June 15, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–13279 Filed 6–20–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC969
2018 Revision to Technical Guidance
for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing—Underwater
Acoustic Thresholds for Onset of
Permanent and Temporary Threshold
Shifts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
Per approval of the Secretary
of Commerce, The National Marine
Fisheries Service (NMFS) announces the
availability of the 2018 Revision (NOAA
Technical Memorandum NMFS–OPR–
59) to its 2016 Technical Guidance for
Assessing the Effects of Anthropogenic
Sound on Marine Mammal Hearing—
Underwater Acoustic Thresholds for
Onset of Permanent and Temporary
Threshold Shifts (Technical Guidance
or Guidance) based on comments
received during the review of the
Guidance pursuant to section 10 of
Presidential Executive Order,
Implementing an America-First Offshore
Energy Strategy (April 28, 2017).
ADDRESSES: The 2018 Revision to the
Technical Guidance (NOAA Technical
Memorandum NMFS–OPR–59) is
available in electronic form via the
internet at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
FOR FURTHER INFORMATION CONTACT:
Amy R. Scholik-Schlomer, Office of
Protected Resources, 301–427–8449,
Amy.Scholik@noaa.gov.
SUPPLEMENTARY INFORMATION:
Presidential Executive Order (E.O.)
13795, Implementing an America-First
Offshore Energy Strategy (82 FR 20815;
April 28, 2017), states in section 2 that
‘‘It shall be the policy of the United
States to encourage energy exploration
and production, including on the Outer
Continental Shelf, in order to maintain
SUMMARY:
E:\FR\FM\21JNN1.SGM
21JNN1
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
the Nation’s position as a global energy
leader and foster energy security and
resilience for the benefit of the
American people, while ensuring that
any such activity is safe and
environmentally responsible.’’
Among the requirements of E.O.
13795 is section 10, which called for a
review of NMFS’ Technical Guidance as
follows: ‘‘The Secretary of Commerce
shall review [NMFS’ Technical
Guidance] for consistency with the
policy set forth in Section 2 of this order
and, after consultation with the
appropriate Federal agencies, take all
steps permitted by law to rescind or
revise that guidance, if appropriate.’’
The 2016 Technical Guidance referred
to in E.O. 13795 is a technical document
that compiles, interprets, and
synthesizes scientific literature to
produce updated received levels, or
acoustic thresholds, above which
individual marine mammals under
NMFS’ jurisdiction are predicted to
experience changes in their hearing
sensitivity (either temporary or
permanent) for all underwater humanmade sound sources. It is intended for
use by NMFS analysts and managers
and other relevant user groups and
stakeholders, including other Federal
agencies, when seeking to determine
whether and how their activities are
expected to result in hearing impacts to
marine mammals via acoustic exposure.
The Technical Guidance helps evaluate
a proposed activity within a
comprehensive effects analysis. It can
inform decisions related to mitigation
and monitoring requirements, but it
does not mandate any specific
mitigation. The Technical Guidance
does not address or change NMFS’
application of standards in the
regulatory context, under applicable
statutes, and does not create or confer
any rights for or on any person, or
operate to bind the public (i.e., the use
of the Technical Guidance is not
mandatory).
The Office of Management and Budget
previously classified the Technical
Guidance as a Highly Influential
Scientific Assessment (HISA). As such,
the document underwent three
independent peer reviews, at three
different stages its development,
including a follow-up to one of the peer
reviews, prior to its dissemination by
NMFS in 2016. Details of each peer
review are included within the
Technical Guidance (Appendix C), and
specific peer reviewer comments and
NMFS’ responses are at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
In addition to three independent peer
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reviews, there were three public
comment periods. The Federal Register
Notice of Availability for the 2016
Guidance (81 FR 51694; August 4, 2016)
summarizes substantive public
comments and NMFS’ responses.
Review Under E.O. 13795
To assist the Secretary of Commerce
in the review of the Technical Guidance
for consistency with the policy in
section 2 of E.O. 13795, NMFS solicited
public comment via a 45-day public
comment period (82 FR 24950; May 31,
2017). Additionally, on September 25,
2017, NMFS hosted an Interagency
Consultation meeting with
representatives from the Bureau of
Ocean Energy Management (BOEM),
Department of State, Federal Highway
Administration, Marine Mammal
Commission, National Park Service,
National Science Foundation, U.S. Air
Force, U.S. Army Corps of Engineers,
U.S. Geological Survey, and U.S. Navy.
During the public comment period,
NMFS received 62 comments from
Federal agencies (Bureau of Ocean
Energy Management, U.S. Navy, and
Marine Mammal Commission), oil and
gas industry representatives, Members
of Congress, subject matter experts, nongovernmental organizations, and
members of the public. Most of the
comments (85%) recommended no
changes to the Technical Guidance. No
public commenter suggested rescinding
the Technical Guidance. The U.S. Navy,
Marine Mammal Commission, Members
of Congress, and subject matter experts
expressed support for the Technical
Guidance’s auditory injury thresholds as
reflecting the best available science. The
remaining comments (15%) focused on
additional scientific publications for
consideration or recommended
revisions to improve implementation of
the Technical Guidance.
At the Federal Interagency
Consultation meeting, none of the
Federal agencies recommended
rescinding the Technical Guidance.
They expressed support for the
Technical Guidance’s auditory injury
thresholds and the science behind their
derivation. Comments received at the
meeting focused on improvements to
implementation of the Technical
Guidance.
During both the public comment
period and the Interagency meeting,
three key topic areas were raised: (1)
The limited scientific data on the
impacts of sound on baleen whale
hearing; (2) the need to determine
accurate sound exposure durations for
all species of marine mammals; and (3)
the need to improve the Technical
Guidance’s optional User Spreadsheet
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Fmt 4703
Sfmt 4703
28825
tool. Commenters also encouraged the
agency to establish working groups to
address these data gaps and future
needs.
2018 Revisions to Technical Guidance
In response to the feedback received
during the public comment period and
the Interagency meeting, NMFS has
improved the Technical Guidance and
updated User Spreadsheet tool in
several ways. Since none of the public
commenters or Federal agencies offered
additional scientific data to modify the
auditory injury thresholds, including
those for baleen whales, no changes are
warranted on that topic at this time.
Nevertheless, NMFS plans to convene a
working group later in 2018 to continue
to examine and refine the auditory
injury thresholds for baleen whales as
more scientific data become available.
Also, since none of the public
commenters or Federal agencies offered
additional scientific data to modify the
sound exposure durations for all species
of marine mammals, no specific changes
are warranted on that topic at this time
either. Nevertheless, NMFS plans to
convene a working group later in 2018
to evaluate sound exposure durations to
determine whether revisions are
appropriate for future updates of the
Technical Guidance based on any new
information.
To help applicants implement the
Technical Guidance and optional User
Spreadsheet tool, NMFS has: (a) Drafted
a new User Manual for the optional User
Spreadsheet that provides more detailed
instructions and examples on how to
use it and plans to submit this User
Manual for public comment later in
2018 to gain input from stakeholders
and inform future versions of this
manual; (b) modified the optional User
Spreadsheet to provide additional
capabilities to assess auditory injury
thresholds; (c) modified the current
optional User Spreadsheet tool to
facilitate assessing auditory injury
thresholds for commonly used sound
source; (d) modified the Technical
Guidance to be more reflective of an
updated international standard
specifically developed for underwater
acoustics that became available after the
documents finalization in 2016; (e)
included a summary and preliminary
analysis of relevant scientific literature
published since the 2016 Technical
Guidance’s finalization; and (f) updated
the Technical Guidance to include the
Navy’s finalized version of their 2016
Technical Report that was used to
derive the Technical Guidance’s
auditory injury thresholds.
The 2018 Revision to the Technical
Guidance (NOAA Technical
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
Memorandum NMFS–OPR–59) with the
updated User Spreadsheet tool and the
new companion User Manual is
available in electronic form via the
internet at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-acoustic-technical-guidance.
Dated: June 18, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2018–13313 Filed 6–20–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG132
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the South Basin
Improvements Project at the San
Francisco Ferry Terminal
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
San Francisco Bay Area Water
Emergency Transportation Authority
(WETA) to incidentally harass, by Level
B harassment only, marine mammals
during construction activities associated
with the Downtown San Francisco Ferry
Terminal Expansion Project, South
Basin Improvements Project in San
Francisco, California.
DATES: This Authorization is effective
from June 1, 2018 through May 31,
2019.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Amy Fowler, 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: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
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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
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 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)
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Frm 00026
Fmt 4703
Sfmt 4703
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 January 22, 2018, NMFS received
a request from WETA for an IHA to take
marine mammals incidental to
expansion and improvements at the
downtown San Francisco ferry terminal.
The application was determined to be
adequate and complete on April 10,
2018. WETA’s request was for take of
seven species of marine mammals by
Level A and Level B harassment. This
authorization is valid from June 1, 2018
to May 31, 2019. Neither WETA nor
NMFS expect serious injury or mortality
to result from this activity and,
therefore, an IHA is appropriate.
NMFS previously issued an IHA to
WETA for similar work (82 FR 29521;
June 29, 2017). WETA complied with all
the requirements (e.g., mitigation,
monitoring, and reporting) of the
previous IHA and information regarding
their monitoring results may be found in
the ‘‘Estimated Take’’ section.
Description of Activity
WETA is planning to expand berthing
capacity at the Downtown San
Francisco Ferry Terminal, located at the
San Francisco Ferry Building, to
support existing and future planned
water transit services operated on San
Francisco Bay by WETA and WETA’s
emergency operations. The Downtown
San Francisco Ferry Terminal
Expansion Project includes the
construction of three new water transit
gates and overwater berthing facilities,
in addition to supportive landside
improvements, such as additional
passenger waiting and queueing areas,
circulation improvements, and other
water transit-related amenities. The new
gates and other improvements would be
designed to accommodate future
planned water transit services between
Downtown San Francisco and Antioch,
Berkeley, Martinez, Hercules, Redwood
City, Richmond, and Treasure Island, as
well as emergency operation needs. The
new gates will be constructed using 81
steel piles, ranging in diameter from 24
to 36 inches (in). All piles will be driven
during the authorized in-water work
window of June 1 to November 30,
2018.
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]]>Agencies
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28824-28826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC969
2018 Revision to Technical Guidance for Assessing the Effects of
Anthropogenic Sound on Marine Mammal Hearing--Underwater Acoustic
Thresholds for Onset of Permanent and Temporary Threshold Shifts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Per approval of the Secretary of Commerce, The National Marine
Fisheries Service (NMFS) announces the availability of the 2018
Revision (NOAA Technical Memorandum NMFS-OPR-59) to its 2016 Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing--Underwater Acoustic Thresholds for Onset of Permanent
and Temporary Threshold Shifts (Technical Guidance or Guidance) based
on comments received during the review of the Guidance pursuant to
section 10 of Presidential Executive Order, Implementing an America-
First Offshore Energy Strategy (April 28, 2017).
ADDRESSES: The 2018 Revision to the Technical Guidance (NOAA Technical
Memorandum NMFS-OPR-59) is available in electronic form via the
internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
FOR FURTHER INFORMATION CONTACT: Amy R. Scholik-Schlomer, Office of
Protected Resources, 301-427-8449, [email protected].
SUPPLEMENTARY INFORMATION:
Presidential Executive Order (E.O.) 13795, Implementing an America-
First Offshore Energy Strategy (82 FR 20815; April 28, 2017), states in
section 2 that ``It shall be the policy of the United States to
encourage energy exploration and production, including on the Outer
Continental Shelf, in order to maintain
[[Page 28825]]
the Nation's position as a global energy leader and foster energy
security and resilience for the benefit of the American people, while
ensuring that any such activity is safe and environmentally
responsible.''
Among the requirements of E.O. 13795 is section 10, which called
for a review of NMFS' Technical Guidance as follows: ``The Secretary of
Commerce shall review [NMFS' Technical Guidance] for consistency with
the policy set forth in Section 2 of this order and, after consultation
with the appropriate Federal agencies, take all steps permitted by law
to rescind or revise that guidance, if appropriate.''
The 2016 Technical Guidance referred to in E.O. 13795 is a
technical document that compiles, interprets, and synthesizes
scientific literature to produce updated received levels, or acoustic
thresholds, above which individual marine mammals under NMFS'
jurisdiction are predicted to experience changes in their hearing
sensitivity (either temporary or permanent) for all underwater human-
made sound sources. It is intended for use by NMFS analysts and
managers and other relevant user groups and stakeholders, including
other Federal agencies, when seeking to determine whether and how their
activities are expected to result in hearing impacts to marine mammals
via acoustic exposure. The Technical Guidance helps evaluate a proposed
activity within a comprehensive effects analysis. It can inform
decisions related to mitigation and monitoring requirements, but it
does not mandate any specific mitigation. The Technical Guidance does
not address or change NMFS' application of standards in the regulatory
context, under applicable statutes, and does not create or confer any
rights for or on any person, or operate to bind the public (i.e., the
use of the Technical Guidance is not mandatory).
The Office of Management and Budget previously classified the
Technical Guidance as a Highly Influential Scientific Assessment
(HISA). As such, the document underwent three independent peer reviews,
at three different stages its development, including a follow-up to one
of the peer reviews, prior to its dissemination by NMFS in 2016.
Details of each peer review are included within the Technical Guidance
(Appendix C), and specific peer reviewer comments and NMFS' responses
are at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. In addition to
three independent peer reviews, there were three public comment
periods. The Federal Register Notice of Availability for the 2016
Guidance (81 FR 51694; August 4, 2016) summarizes substantive public
comments and NMFS' responses.
Review Under E.O. 13795
To assist the Secretary of Commerce in the review of the Technical
Guidance for consistency with the policy in section 2 of E.O. 13795,
NMFS solicited public comment via a 45-day public comment period (82 FR
24950; May 31, 2017). Additionally, on September 25, 2017, NMFS hosted
an Interagency Consultation meeting with representatives from the
Bureau of Ocean Energy Management (BOEM), Department of State, Federal
Highway Administration, Marine Mammal Commission, National Park
Service, National Science Foundation, U.S. Air Force, U.S. Army Corps
of Engineers, U.S. Geological Survey, and U.S. Navy.
During the public comment period, NMFS received 62 comments from
Federal agencies (Bureau of Ocean Energy Management, U.S. Navy, and
Marine Mammal Commission), oil and gas industry representatives,
Members of Congress, subject matter experts, non-governmental
organizations, and members of the public. Most of the comments (85%)
recommended no changes to the Technical Guidance. No public commenter
suggested rescinding the Technical Guidance. The U.S. Navy, Marine
Mammal Commission, Members of Congress, and subject matter experts
expressed support for the Technical Guidance's auditory injury
thresholds as reflecting the best available science. The remaining
comments (15%) focused on additional scientific publications for
consideration or recommended revisions to improve implementation of the
Technical Guidance.
At the Federal Interagency Consultation meeting, none of the
Federal agencies recommended rescinding the Technical Guidance. They
expressed support for the Technical Guidance's auditory injury
thresholds and the science behind their derivation. Comments received
at the meeting focused on improvements to implementation of the
Technical Guidance.
During both the public comment period and the Interagency meeting,
three key topic areas were raised: (1) The limited scientific data on
the impacts of sound on baleen whale hearing; (2) the need to determine
accurate sound exposure durations for all species of marine mammals;
and (3) the need to improve the Technical Guidance's optional User
Spreadsheet tool. Commenters also encouraged the agency to establish
working groups to address these data gaps and future needs.
2018 Revisions to Technical Guidance
In response to the feedback received during the public comment
period and the Interagency meeting, NMFS has improved the Technical
Guidance and updated User Spreadsheet tool in several ways. Since none
of the public commenters or Federal agencies offered additional
scientific data to modify the auditory injury thresholds, including
those for baleen whales, no changes are warranted on that topic at this
time. Nevertheless, NMFS plans to convene a working group later in 2018
to continue to examine and refine the auditory injury thresholds for
baleen whales as more scientific data become available. Also, since
none of the public commenters or Federal agencies offered additional
scientific data to modify the sound exposure durations for all species
of marine mammals, no specific changes are warranted on that topic at
this time either. Nevertheless, NMFS plans to convene a working group
later in 2018 to evaluate sound exposure durations to determine whether
revisions are appropriate for future updates of the Technical Guidance
based on any new information.
To help applicants implement the Technical Guidance and optional
User Spreadsheet tool, NMFS has: (a) Drafted a new User Manual for the
optional User Spreadsheet that provides more detailed instructions and
examples on how to use it and plans to submit this User Manual for
public comment later in 2018 to gain input from stakeholders and inform
future versions of this manual; (b) modified the optional User
Spreadsheet to provide additional capabilities to assess auditory
injury thresholds; (c) modified the current optional User Spreadsheet
tool to facilitate assessing auditory injury thresholds for commonly
used sound source; (d) modified the Technical Guidance to be more
reflective of an updated international standard specifically developed
for underwater acoustics that became available after the documents
finalization in 2016; (e) included a summary and preliminary analysis
of relevant scientific literature published since the 2016 Technical
Guidance's finalization; and (f) updated the Technical Guidance to
include the Navy's finalized version of their 2016 Technical Report
that was used to derive the Technical Guidance's auditory injury
thresholds.
The 2018 Revision to the Technical Guidance (NOAA Technical
[[Page 28826]]
Memorandum NMFS-OPR-59) with the updated User Spreadsheet tool and the
new companion User Manual is available in electronic form via the
internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
Dated: June 18, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018-13313 Filed 6-20-18; 8:45 am]
BILLING CODE 3510-22-P
