[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66597-66602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26721]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XJ24
Small Takes of Marine Mammals Incidental to Specified Activities;
Low-Energy Marine Geophysical Survey in the Santa Barbara Channel,
November 2008
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the Scripps Institute of
Oceanography (SIO), for the take of marine mammals, by Level B
harassment only, incidental to conducting a marine seismic survey in
the Santa Barbara Channel, California, during November 2008.
DATES: Effective November 1, 2008, through November 31, 2008.
ADDRESSES: A copy of the IHA and the application are available by
writing to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225 or by
telephoning the contact listed here. A copy of the application
containing a list of the references used in this document may be
obtained by writing to the address specified above, telephoning the
contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting
the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Howard Goldstein,
Office of Protected Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of marine mammals by U.S.
citizens who engage in a specified activity (other than
[[Page 66598]]
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
Authorization shall be granted if NMFS finds that the taking will
have a negligible impact on the species or stock(s), will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant), and if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth. NMFS has
defined ``negligible impact'' in 50 CFR 216.103 as ''...an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except with respect to certain activities not pertinent here, the MMPA
and 16 U.S.C. section 1362(18) defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either approve or deny the authorization.
Summary of Request
On June 27, 2008, NMFS received an application from SIO for the
taking, by Level B harassment only, of small numbers of 16 species of
marine mammals incidental to conducting a twelve day, low-energy marine
seismic survey within the Santa Barbara Channel, CA, in November 2008.
The funding for this research survey is provided by the National
Science Foundation (NSF). The purpose of the research program is
described in NMFS' notice of the proposed IHA (73 FR 50760, August 28,
2008).
Description of the Activity
The planned survey will involve one source vessel, the seismic ship
R/V Melville, owned by the U.S. Navy and operated by SIO. The Melville
is expected to depart San Diego and spend approximately 12 days
conducting the survey and piston coring activities in November 2008. At
three deeper-water sites outside state waters, a small 45-in\3\ GI
airgun will be used, but will likely be reduced to 25 or 35 in\3\. At
two shallow-water sites that cross into California state waters, a 1.5-
kJ electromechanical boomer or a 2-kJ electric sparker system will be
used, depending on water depth and seafloor conditions, and depending
on which source provides the highest resolution and best sub- seafloor
signal penetration. The two systems will not operate concurrently and,
in general, the boomer source likely will be preferred. As the boomer,
sparker, or GI airgun are towed along the survey lines, a towed 72-
channel, 450 m hydrophone streamer will receive the returning acoustic
signals and transfer the data to the on-board processing system. All
survey operations will take place in less than or equal to 1000 m water
depth.
In addition to the GI airgun, sparker, and boomer, a towed chirp
system, a multibeam echosounder (MBES), and a sub-bottom profiler (SBP)
will be used at various times during the cruise. The chirp system will
be used in tandem with the seismic sources, or will be used separately
to locate optimal piston core sites, up to 4 hours at a time to a
maximum of 8 10 hours per day. A 3.5-kHz SBP will be used to help
verify seafloor conditions at possible coring sites, and will also be
used in tandem with a MBES during transit to and from the Santa Barbara
Channel area to collect additional seafloor bathymetric data. A more
detailed description of the authorized action, including vessel and
acoustic source specifications, is detailed in the proposed IHA notice
(73 FR 50760, August 28, 2008).
Safety Radii
NMFS has established a 160dB re 1 microParms behavioral
harassment (Level B) threshold for both cetaceans and pinnipeds and a
190dB and 180 dB re 1 microParms threshold for the potential
onset of injury (Level A) for pinnipeds and cetaceans, respectively.
Corresponding harassment and safety isopleths have been modeled for
both shallow and deep water by Lamont-Doherty Earth Observatory of
Columbia University (L-DEO) for a number of airgun configurations,
including the size used during the SIO survey, 45 in\3\ (Table 1).
Airgun operations will occur only in depths of 100-1000 m; therefore
the 12 m, 35 m, and 330 m radii are applicable.
Table 1. Distances to which sound levels [gteqt]190, 180, and 160 dB re
1 microParms could be received from the 45-in\3\ GI airgun that will be
used during the seismic surveys in the Santa Barbara Channel in November
2008. Distances are based on model results provided by L-DEO.
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Estimated Distances (m) at
Received Levels
Water Depth -----------------------------
190 dB 180 dB 160 dB
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>1000 m 8 23 220
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100-1000 m 12 35 330
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The boomer's source level is higher than that of the mini sparker
thus the propagation distances for the boomer will be used for both
types of sources. Received sound levels from the boomer to be used in
this study (source level 209 dB) in shallow water have not been modeled
or measured. However, Burgess and Lawson (2001) measured received sound
levels from a boomer with a source level of 203 dB re 1 microParms
in water depths 12-14 m, and Greene (2006) measured received sound
levels from a boomer with a source level of 188.8 dB re 1
microParms in water depths 37- 48 m, both in the Alaskan
Beaufort Sea. Based on the spherical spreading model, distances to
which sound levels [gteqt]190, 180, and 160 dB re 1 microParms
could be received from the boomer are 9, 28, and 280, respectively
(Table 2).
[[Page 66599]]
Table 2. Distances to which received sound levels [gteqt]190, 180, and 160 dB re 1 microParms were measured for
two boomers in the Alaskan Beaufort Sea, and distances predicted by a spherical spreading model for those
sources and for the boomer to be used in the proposed surveys.
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Estimated Distance (m) at Received Levels
Boomer source level (dB re 1 micro -----------------------------------------------------------------------------
Pa) 190 dB 180 dB 160 dB
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203 (measured) < 1 2 22
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203 (modeled) 4.5 16 140
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188.8 (measured) 0.9 2.3 14.6
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188.8 (modeled) 1 2.7 27.5
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209 (this survey, modeled) 9 28 280
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Comments and Responses
A notice of receipt of SIO's application and proposed IHA was
published in the Federal Register on August 28, 2008 (73 FR 50760).
During the 30-day comment period, NMFS received comments from the
Marine Mammal Commission (MMC). Following are the comments from the MMC
and NMFS' responses.
Comment 1: The MMC recommends that the applicant be required to
conduct all practicable monitoring and mitigation measures that
reasonably can be expected to protect the potentially affected marine
mammal species from serious injury.
Response: NMFS agrees with this recommendation and has required the
applicant to conduct all practicable monitoring and mitigation measures
that can reasonably be expected to protect affected marine mammal
species from serious injury. The IHA requires that marine mammal visual
observers (MMVOs) on the Melville make observations for 30 minutes
prior to all seismic source operations and record the following
information when a marine mammal is sighted: (i) species, group size,
and age/size/sex categories (if determinable); behavior when first
sighted and after initial sighting; heading (if consistent), bearing,
and distance from seismic vessel; sighting cue; apparent reaction to
the seismic source or vessel (e.g., none, avoidance, approach,
paralleling, etc.); and behavioral pace; and
(ii) time, location, heading, speed, sea state, visibility, and sun
glare- these data will also be recorded at the start and end of each
observation watch, and during a watch whenever there is a change in one
or more of the variables.
The IHA also requires sufficient mitigation requirements,
implemented by the NMFS approved MMVOs, to ensure that no marine mammal
is killed or experiences serious injury, including mandatory shut downs
and delay of operations (e.g., mandatory shut down if a marine mammal
is seen within or approaching the safety radius). See Mitigation
section (below) for a complete list of mitigation requirements under
this IHA.
Comment 2: The MMC recommends that operations be suspended
immediately, pending review by NMFS, if a dead or seriously injured
marine mammal is found in the vicinity of the operations and the death
or injury could have occurred incidental to the seismic survey.
Response: NMFS agrees with this recommendation. The IHA does not
authorize Level A harassment to marine mammals (i.e., serious injury or
mortality). In addition, a condition is included in the IHA which state
that in the unanticipated event that any cases of marine mammal injury
or mortality in the vicinity of the seismic operations are judged to
result from these activities, SIO will cease operating seismic sources
and report the incident to the Office of Protected Resources, NMFS,
immediately. Seismic operations will then be postponed until NMFS is
able to review the circumstances and work with SIO to determine whether
modifications in the activities are appropriate and necessary.
Description of Marine Mammals in the Activity Area
A total of 32 marine mammal species are known to or may occur in
the Santa Barbara Channel, including 18 odontocete species (dolphins
and toothed whales), 8 mysticete species (baleen whales), 6 pinniped
species (seals and sea lions), and the sea otter. Seven of the species
that may occur in the project area are listed as endangered under the
U.S. Endangered Species Act (ESA): the Pacific right, blue, humpback,
sei, fin, and sperm whale and the Steller sea lion. The sea otter is
under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS)
and therefore is not considered further in this analysis. SIO requested
and has been authorized to take 16 of the 32 marine mammals based on
likelihood of encountering these species. This likelihood factor took
into account temporal, spatial, and abundance data of each species,
harassment radii, and specifics of the survey (e.g., survey design,
seismic source specifications, etc.). The remaining 15 species under
NMFS jurisdiction are not expected to be encountered during the survey
and are not authorized to be taken.
Species authorized to be harassed, their habitat and abundance in
the project area, and the authorized take levels are outlined in Table
3. Additional information regarding the status and distribution of the
marine mammals in the area and how the densities were calculated was
included in the notice of the proposed IHA (73 FR 50760, August 28,
2007) and may be found in SIO's application.
[[Page 66600]]
Table 3. Number of animals authorized to be taken, by species, in the IHA. Corresponding habitat and abundance of each species is also listed.
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Species Habitat Abundance Authorized Take
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Humpback whale Mainly nearshore waters and banks >6000 2
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Fin whale Slope, mostly pelagic 13,620-18,680 2
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Blue whale Pelagic and coastal 1186 2
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Sperm whale Usually deep pelagic 24,000 8
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Pygmy sperm whale Deep waters off shelf N.A. 9
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Cuvier's beaked whale Slope and pelagic 20,000 1
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Offshore bottlenose dolphin Offshore, slope, shelf 3257 3
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Coastal bottlenose dolphin Within 1 km of shore 323 ...............
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Striped dolphin Off continental shelf 1,824,000 1
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Short-beaked common dolphin Shelf, pelagic, high relief 487,622 591
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Long-beaked common dolphin Coastal, high relief 1893 76
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Pacific white-sided dolphin Offshore, slope 931,000 14
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Northern right whale dolphin Slope, offshore waters 15,305 7
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Risso's dolphin Shelf, slope, seamounts 12,093 8
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Dall's porpoise Shelf, slope, offshore 57,549 4
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California sea lion Coastal, shelf 238,000 87
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Harbor seal Coastal 34,233 20
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Potential Effects on Marine Mammals
The effects of sounds from airguns might include one or more of the
following: avoidance, tolerance, masking of natural sounds, behavioral
disturbances, and at least in theory, temporary or permanent hearing
impairment, or non-auditory physical or physiological effects
(Richardson et al., 1995; Gordon et al., 2004; Nowacek et al., 2007).
However, for this survey, it is unlikely there would be any cases of
hearing impairment or any significant non-auditory physical or
physiological effects given the small size of the seismic sources and
mitigation. Also, behavioral disturbance is expected to be limited to
relatively short distances.
SIO's application and NMFS' notice of the proposed IHA (73 FR
50760, August 28, 2007) included a detailed discussion of the potential
effects of sounds from the single airgun, boomer, and sparker on
mysticetes, odontocetes, and pinnipeds, including tolerance, masking,
behavioral disturbance, hearing impairment, and other non-auditory
physical effects. Additional information on the behavioral reactions
(or lack thereof) by marine mammals to seismic vessels can be found in
SIO's application and in Appendix A of the accompanying EA.
The notice of the proposed IHA also included a discussion of the
potential effects of the MBES and SBP. Because of the narrow beam of
the echosounder, directionality, and short pulse duration, NMFS
believes it unlikely that marine mammals will be exposed to sound
levels at or above those that have the potential to cause harassment
from these sources. Further detail on impacts from these sources may be
found in the proposed Federal Register notice and SIO's application.
Estimated Take by Incidental Harassment
SIO's application and the notice of the proposed IHA (73 FR 50760,
August 28, 2008) included an in-depth discussion of the methods used to
calculate the densities of the marine mammals in the area of the
seismic survey and the take estimates. A summary is included here.
All anticipated takes authorized by this IHA are Level B harassment
only. Take calculations were based on maximum exposure estimates (based
on maximum density estimates) vs. best estimates and are based on the
160-dB Level B harassment isopleth. Harassment distances for the airgun
are from a full sized chamber; however, the applicant has indicated
that most likely the chamber size will be reduced to 25 in\3\. In
addition, the sparker has a lower source level than the boomer.
Regardless, isopleth distances from the boomer will be used while the
sparker is operating. Given these considerations, the predicted number
of marine mammals that might be exposed to sounds at or above 160 dB is
likely an overestimate.
Numbers of animals authorized to be taken, by species, is outlined
in Table 3. When compared to population estimates for each stock, take
numbers for each species are considered small. For example, blue whale
population abundance in the action area is 1,186 individuals and the
applicant is requesting two animals to be taken. A complete list of
abundance estimates for each species in outlined in Table 3 in the
application.
Potential Effects on Habitat
A detailed discussion of the potential effects of this action on
marine mammal habitat, including physiological and behavioral effects
on marine fish and
[[Page 66601]]
invertebrates, was included in the notice of the proposed IHA (73 FR
50760, August 28, 2007) and can also be found in SIO's application and
appendices in the accompanying EA. While impacts to fish and other
marine mammal prey may occur, this is expected to be negligible given
the short duration of the survey (approximately 12 days) and that a
single low-energy airgun is being used. Seismic sound does not impact
physical or chemical characteristics of the habitat (e.g., water
temperature, nutrient availability, salinity). Therefore, the
authorized operations are not expected to have any habitat-related
effects that could cause significant or long-term consequences for
individual marine mammals or their populations or stocks.
Monitoring
Vessel-based Visual Monitoring
Vessel-based marine mammal visual observers (MMVOs) will be based
on board the seismic source vessel, and they will watch for marine
mammals and turtles near the vessel during seismic operations. MMVOs
will also watch for marine mammals and turtles near the seismic vessel
for at least 30 minutes prior to the start of seismic operations and
after an extended shutdown. When feasible, MMVOs will also make
observations during daytime periods when the seismic system is not
operating for comparison of animal abundance and behavior. Based on
MMVO observations, the seismic sources will be shut down when marine
mammals are observed within or about to enter the designating safety
zones.
Reporting
MMVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document any apparent
disturbance reactions or lack thereof. Data will be used to estimate
the numbers of mammals potentially ``taken'' by harassment. They will
also provide information needed to order a shutdown of the airgun,
boomer, or sparker when marine mammals are within or near the
corresponding safety radii. When a sighting is made, the following
information about the sighting will be recorded:
(1) Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc. and including responses to ramp-up), and
behavioral pace.
(2) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state or ramp-up,
power-down, or full power), sea state, visibility, cloud cover, and sun
glare.
The data listed under (2) will also be recorded at the start and
end of each observation watch and during a watch, whenever there is a
change in one or more of the variables. A final report will be
submitted to NMFS within 90 days after the end of the cruise. The
report will describe the operations that were conducted and sightings
of marine mammals near the operations. The report will provide full
documentation of methods, results, and interpretation pertaining to all
monitoring and will summarize the dates and locations of seismic
operations, all marine mammal sightings (dates, times, locations,
activities, associated seismic survey activities), and estimates of the
amount and nature of potential ``take'' of marine mammals by harassment
or in other ways. More information on reporting requirements can be
found in the proposed IHA Federal Register notice.
Mitigation
Mitigation and monitoring measures implemented for the Melville
cruise have been developed and refined during previous seismic surveys
funded by NSF. The mitigation and monitoring measures described herein
represent a combination of the procedures required by past IHAs for
other similar projects and on recommended best practices in Richardson
et al. (1995), Pierson et al. (1998), and Weir and Dolman (2007). The
measures are described in detail below.
Mitigation measures include (1) vessel speed or course alteration,
provided that doing so will not compromise operational safety
requirements, (2) GI-airgun, boomer, or sparker shut down when a marine
mammal is within or approaching the designated safety zones, and (3)
delay starting seismic operations if a marine mammal is sighted within
or approaching the safety zone; and (4) shut down at any range in the
unlikely event that a North Pacific right whale is sighted. Two other
standard mitigation measures airgun array power down and airgun array
ramp up are not possible because only one, low-volume GI airgun,
boomer, or sparker will be used for the surveys. Finally, avoidance of
airgun operations over or near steep slopes or submarine canyons has
become a standard mitigation measure, as these are places where beaked
whales tend to concentrate. However, no such bathymetric features exist
in the study area; therefore, this mitigation measure is not applicable
to these surveys.
Speed or Course Alteration
If a marine mammal is detected outside the safety zone but is
likely to enter it based on relative movement of the vessel and the
animal, then the vessel speed and/or course will be adjusted in the
safest manner allowable to minimize the likelihood of the animal
entering that zone. Major course and speed adjustments are often
impractical when towing long seismic streamers and large source arrays,
but, in this case, because only one small source and a short (450-m)
streamer will be used, this mitigation measure is practicable to
enforce.
In addition, if concentrations of beaked whales are observed just
prior to or during the airgun, boomer, or sparker operations, those
operations will be moved to another location based on recommendations
by the on-duty MMVO aboard the Melville.
Shut-down and Delay Requirements and Procedures
If a marine mammal is detected outside the exclusion zones but is
likely to enter the exclusion zone, and if the vessel's speed and/or
course cannot be changed to avoid having the animal enter the exclusion
zone, the seismic source will be shut down before the animal is within
the exclusion zone. Likewise, if a mammal is already within the safety
zone when first detected, the seismic source will be shut down
immediately.
Following a shut down, seismic activity will not resume until the
marine mammal or turtle has cleared the safety zone. In addition, if a
marine mammal is sighted within or approaching the safety zone before
seismic operations commence, a delay shall occur until that animal has
cleared the safety zone. The animal will be considered to have cleared
the safety zone if it is visually observed to have left that zone; has
not been seen within the zone for 15 min in the case of shallow diving
odontocetes (i.e., dolphins, porpoise) and pinnipeds; or has not been
seen within the zone for 30 min in the case of deeper diving cetaceans
(i.e., mysticetes and large odontocetes, including sperm, pygmy sperm,
and beaked whales).
In the unanticipated event that any cases of marine mammal injury
or mortality are judged to result from these activities, SIO will cease
operating seismic airgun operation and report theincident to the Office
of Protected Resources, NMFS, and the Southwest
[[Page 66602]]
Regional Administrator, NMFS, immediately. Seismic operations will then
be postponed until NMFS is able to review the circumstances and work
with SIO to determine whether modifications in the activities are
appropriate and necessary.
Endangered Species Act (ESA)
Pursuant to section 7 of the ESA, NSF has consulted with the NMFS,
Office of Protected Resources, Endangered Species Division on this
seismic survey. NMFS has also consulted internally pursuant to section
7 of the ESA on the issuance of an IHA under section 101(a)(5)(D) of
the MMPA for this activity. NMFS has issued a Biological Opinion
(BiOp), which concluded that the proposed action and issuance of an IHA
are not likely to jeopardize the continued existence of blue, fin,
humpback and sperm whales and green, leatherback, loggerhead, and olive
ridley sea turtles. The BiOp also concluded that the proposed action
would have no effect on critical habitat since none has been designated
within the action area. An incidental take statement (ITS) has been
issued for the take of blue, fin, humpback, and sperm whales and green,
leatherback, loggerhead, and olive ridley sea turtles. Relevant Terms
and Conditions of the ITS have been incorporated into the IHA.
National Environmental Policy Act (NEPA)
NSF prepared an Environmental Assessment of a Marine Geophysical
Survey by the R/V Melville in the Santa Barbara Channel, November 2008.
NMFS has adopted NSF's EA and issued a Finding of No Significant Impact
for the issuance of the IHA.
Determinations
NMFS has determined that the impact of conducting a low-energy
seismic survey in the Santa Barbara Channel in November may result, at
worst, in a temporary modification in behavior (Level B Harassment) of
small numbers of 14 species of cetaceans and 2 species of pinnipeds.
This activity is expected to result in a negligible impact on the
affected species or stocks. The provision requiring that the activity
not have an unmitigable adverse impact on the availability of the
affected species or stock for subsistence uses does not apply for this
action.
This negligible impact determination is supported by: (1) the
likelihood that, given sufficient notice through relatively slow ship
speed, marine mammals are expected to move away from a noise source
that is annoying prior to it becoming potentially injurious; (2) during
airgun use, marine mammals would have to be closer than 35 m (114 ft)
in waters 100-1000 m (the water depth for this survey) from the vessel
to be exposed to levels of sound (180 dB) believed to have even a
minimal chance of causing TTS; (3) during boomer or sparker use, marine
mammals would have to be closer than 28 m (91 ft) from the vessel to be
exposed to levels of sound (180 dB) believed to have even a minimal
chance of causing TTS; (4) the likelihood that marine mammal detection
ability by trained observers is good at those distances from the
vessel; and (5) the incorporation of other required mitigation measures
(i.e., shutdown and delay requirements, vessel course and speed
alterations). As a result, no take by injury or death is anticipated,
and the potential for temporary or permanent hearing impairment will be
avoided through the incorporation of the required mitigation measures.
While the number of potential incidental harassment takes will
depend on the distribution and abundance of marine mammals in the
vicinity of the survey activity, the number of potential harassment
takings is estimated to be a small percent of any of the estimated
population sizes, and has been mitigated to ensure the least impact
practicable through incorporation of the measures mentioned previously
in this document. In addition, there will not be an unmitigable impact
on subsistence uses because there are none in the action area.
Authorization
As a result of these determinations, NMFS has issued an IHA to SIO
for conducting a marine geophysical survey in the Santa Barbara
Channel, November 2008, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
Dated: November 4, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-26721 Filed 11-7-08; 8:45 am]
BILLING CODE 3510-22-S