[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44770-44781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18660]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XX45
Takes of Marine Mammals Incidental to Specified Activities;
Marine Geophysical Survey in the Northwest Pacific Ocean, July Through
September, 2010
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth
Observatory (L-DEO), a part of Columbia University, to take small
numbers of marine mammals, by harassment, incidental to conducting a
marine geophysical survey at the Shatsky Rise in the northwest Pacific
Ocean, July through September, 2010.
DATES: Effective July 19, 2010, through September 28, 2010.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National
[[Page 44771]]
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910 or by telephoning the contacts listed here. A copy of the
application containing a list of the references used in this document
may be obtained by writing to the above address, telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting
the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following associated documents are
also available at the same internet address: Environmental Assessment
(EA) prepared by NMFS, and the finding of no significant impact
(FONSI). The NMFS Biological Opinion will be available online at:
http://www.nmfs.noaa.gov/pr/consultation/opinions.htm. Documents cited
in this notice may be viewed, by appointment, during regular business
hours, at the aforementioned address. Documents cited in this notice
may be viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 113 or Benjamin Laws, Office of
Protected Resources, NMFS, (301) 713-2289, ext. 159.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) directs
the Secretary of Commerce to authorize, upon request, the incidental,
but not intentional, taking of small numbers of marine mammals of a
species or population stock, by United States citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and, if the taking is
limited to harassment, a notice of a proposed authorization is provided
to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses. The authorization must set forth the
permissible methods of taking, other means of effecting the least
practicable adverse impact on the species or stock and its habitat, and
monitoring and reporting of such takings. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ``* * * an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application on February 2, 2010 from L-DEO for the
taking by harassment, of marine mammals, incidental to conducting a
marine geophysical survey in the northwest Pacific Ocean. L-DEO, with
research funding from the U.S. National Science Foundation (NSF), plans
to conduct a marine seismic survey in the northwest Pacific Ocean, from
July through September, 2010.
L-DEO plans to use one source vessel, the R/V Marcus G. Langseth
(Langseth), a seismic airgun array, and ocean bottom seismometers (OBS)
to conduct a geophysical survey at the Shatsky Rise, a large igneous
plateau in the northwest Pacific Ocean. The survey will provide data
necessary to decipher the crustal structure of the Shatsky Rise; may
address major questions of Earth history, geodynamics, and tectonics;
could impact the understanding of terrestrial magmatism and mantle
convection; and may obtain data that could be used to improve estimates
of regional earthquake occurrence and distribution. In addition to the
operations of the seismic airgun array, L-DEO intends to operate a
multibeam echosounder (MBES) and a sub-bottom profiler (SBP)
continuously throughout the survey.
Acoustic stimuli (i.e., increased underwater sound) generated
during the operation of the seismic airgun array, may have the
potential to cause marine mammals in the survey area to be behaviorally
disturbed in a manner that NMFS considers to be Level B harassment.
This is the principal means of marine mammal taking associated with
these activities and L-DEO has requested an authorization to take
several marine mammals by Level B harassment.
Description of the Specified Activity
L-DEO's seismic survey on the Shatsky Rise is scheduled to commence
on July 24, 2010, and continue for approximately 17 days ending on
September 7, 2010. L-DEO will operate the Langseth to deploy an airgun
array, deploy and retrieve OBS, and tow a hydrophone streamer to
complete the survey.
The Langseth will transit to the Shatsky Rise, located at 30-37
[deg]N, 154-161[deg]E in international waters offshore from Japan. Some
minor deviation from these dates is possible, depending on logistics,
weather conditions, and the need to repeat some lines if data quality
is substandard. Therefore, NMFS plans to issue an authorization that
extends to September 28, 2010.
Geophysical survey activities will involve conventional seismic
methodologies to decipher the crustal structure of the Shatsky Rise. To
obtain high-resolution, 3-D structures of the area's magmatic systems
and thermal structures, the Langseth will deploy a towed array of 36
airguns as an energy source and approximately 28 OBSs and a 6-kilometer
(km) long hydrophone streamer. As the airgun array is towed along the
survey lines, the hydrophone streamers will receive the returning
acoustic signals and transfer the data to the vessel's onboard
processing system. The OBSs record the returning acoustic signals
internally for later analysis.
The Shatsky Rise study (e.g., equipment testing, startup, line
changes, repeat coverage of any areas, and equipment recovery) will
take place in international waters deeper than 1,000 meters (m) (3,280
feet (ft)) and will require approximately 17 days (d) to complete
approximately 15 transects of variable lengths totaling 3,160
kilometers (km) of survey lines. Data acquisition will include
approximately 408 hours (hr) of airgun operation (17 d x 24 hr).
The scientific team consists of Drs. Jun Korenaga (Yale University,
New Haven, CT), and William Sager (Texas A&M University, College
Station, TX).
NMFS outlined the purpose of the program in a previous notice for
the proposed IHA (75 FR 28568, May 21,
[[Page 44772]]
2010). The activities to be conducted have not changed between the
proposed IHA notice and this final notice announcing the issuance of
the IHA. For a more detailed description of the authorized action,
including vessel and acoustic source specifications, the reader should
refer to the proposed IHA notice (75 FR 28568, May 21, 2010).
Comments and Responses
A notice of receipt of the L-DEO application and proposed IHA was
published in the Federal Register on May 21, 2010 (75 FR 28568).
During the comment period, NMFS received comments from the Marine
Mammal Commission (Commission). The public comments can be found online
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Following are
their comments and NMFS' responses.
Comment 1: The Commission recommends that before issuing the
requested IHA, NMFS provide additional justification for its
preliminary determination that the planned monitoring program will be
sufficient to detect with a high level of confidence, all marine
mammals within or entering the identified exclusion zones.
Response: NMFS believes that the planned monitoring program will be
sufficient to detect (using visual detection and PAM), with reasonable
certainty, most marine mammals within or entering identified exclusion
zones (EZs). This monitoring, along with the required mitigation
measures, will result in the least practicable adverse impact on the
affected species or stocks and will result in a negligible impact on
the affected species or stocks.
At present, NMFS views the combination of visual and passive
acoustic monitoring as the most effective mitigation techniques
available for detecting marine mammals within or entering the exclusion
zone. L-DEO and the federal funding agency (NSF) are receptive to
incorporating proven technologies and techniques to enhance the current
monitoring and mitigation program. Until proven technological advances
are made, nighttime mitigation measures during operations include
combinations of the use of protected species visual observers (PSVOs),
PAM, night vision devices, and continuous shooting of a mitigation gun.
Should the airgun array be powered-down, it is believed that the
operation of a single airgun continues to serve as a sound source
deterrent to marine mammals. In the event of a complete airgun array
shut down, for mitigation or repairs, then science is suspended until
one half hour after civil dawn (when PSO's are able to clear the safety
zone). Science does not begin until the entire safety radius is visible
for at least 30 minutes.
In cooperation with NMFS, L-DEO will be conducting efficacy
experiments of night vision devices (NVD) during a future Langseth
cruise. In addition, in response to a recommendation from NMFS, L-DEO
is evaluating the use of handheld thermal imaging cameras to supplement
nighttime mitigation practices. These devices are currently
successfully utilized by another federal agency while conducting
nighttime seismic operations.
Comment 2: The Commission recommends that NMFS require the
applicant to use location-specific environmental parameters to re-
estimate exclusion zones and verify the estimates with field
measurements prior to or at the beginning of the study.
Response: L-DEO and the NSF have invested significant resources
into the Langseth's seismic equipment calibration studies. The data
results from the studies were peer reviewed and the calibration
results, viewed as conservative, were used to determine the cruise-
specific exclusion zones. With the expected low density of marine
mammals, combined with the remote, deep water survey location, NMFS has
determined that the exclusion zones identified in the IHA are
appropriate for the survey.
Comment 3: The Commission recommends that NMFS require the
applicant to re-estimate exposures based upon location-specific
environmental parameters and associated ensonified areas.
Response: See the response to Comment 2. NMFS has concluded that
the exposures estimated in the IHA are appropriate for this survey.
Comment 4: Clarify the qualifiers ``when practical,'' ``if
practical,'' and ``when feasible'' with respect to: (1) Using two
marine mammal observers to monitor the exclusion zone for marine
mammals during daytime operations and nighttime start-ups of the
airguns; (2) using crew members to assist observers in detecting marine
mammals and implementing mitigation requirements; and (3) using marine
mammal observers during daytime periods to compare sighting rates and
animal behavior during times when seismic airguns are and are not
operating.
Response: The Langseth typically carries five trained, NMFS-
qualified and experienced PSVOs for every seismic study involving use
of an airgun system comparable to that planned for the upcoming
project. PSVOs are appointed by L-DEO with NMFS concurrence. L-DEO will
utilize two (except during meal times and restroom breaks), NMFS-
qualified, vessel-based PSVOs to watch for and monitor marine mammals
near the seismic source vessel during all daytime airgun operations and
before and during start-ups of airguns day or night. PSVOs will have
access to reticle binoculars, big-eye binoculars, and night vision
devices to scan the area around the vessel. PSVOs will alternate
between binoculars and the naked eye to avoid eye fatigue. During all
daytime periods, two PSVOs will be on duty from the observation tower
to monitor. During mealtimes it is sometimes difficult to have two
PSVOs on effort, but at least one PSVO will be on watch during bathroom
breaks and mealtimes. Use of two simultaneous observers increases the
effectiveness of detecting animals near the source vessel. However,
during meal times, only one PSVO may be on duty.
The complement of five PSVOs will rotate shifts, with generally
three PSVOs typically on watch at a time, with duty shifts lasting
typically one to four hours. Two PSVOs will also be on visual watch
during all nighttime start-ups of the seismic airguns. A third PSVO
will monitor the PAM equipment 24 hours a day to detect vocalizing
marine mammals present in the action area. In summary, a typical
daytime cruise would have scheduled two PSVOs on duty from the
observation tower, a third PSVO on PAM, and a fourth and fifth PSVO off
duty in preparation for shifts.
L-DEO will also instruct the Langseth crew to assist in detecting
marine mammals and turtles and implementing mitigation requirements.
Last, PSVOs will conduct observations during daytime periods when
the seismic system is not operating for comparison of sighting rates
and behavior both with versus without airgun operations and between
acquisition periods.
Comment 5: Propose to L-DEO that it revise its study design to add
pre- and post-seismic survey assessments as a way of obtaining more
realistic baseline sighting rates for marine mammals, as well as better
assessment of impacts and recovery from those impacts.
Response: Extending the survey is not practicable from an
operational standpoint for the applicant. Due to the remote location of
the survey and the length of time needed to conduct the requested
science experiment, there is little time left for the vessel to operate
without the need for refueling and servicing.
During the cruise, there will be significant amounts of transit
time pre-and post-survey during which PSVOs
[[Page 44773]]
will be on watch (e.g., prior-to and after seismic portions of the
survey and during the deployment and retrieval of the OBSs. Considering
the low marine mammal density anticipated at this survey site, it is
unlikely that the information would result in any statistically robust
conclusions for this particular seismic survey.
Comment 6: Clarify the qualifier ``ideally,'' including the
conditions under which the towed hydrophones would not be monitored,
and clarify and describe the conditions that it assumes would render
the use of passive acoustic monitoring impracticable for supplementing
the visual monitoring program.
Response: The primary PAM streamer on the Langseth is a digital
hydrophone streamer. Should the digital streamer fail, back-up systems
should include an analog spare streamer and a hull-mounted hydrophone.
Every effort would be made to have a working PAM system during the
cruise. In the unlikely event that all three of these systems were to
fail, L-DEO would continue science acquisition with the visual based
PSVO program. Until further technological advances are made with the
PAM system, it is still viewed as a supplementary enhancement to the
visual monitoring program. If weather conditions were to prevent the
use of PAM, then conditions would also likely prevent the use of the
airgun array.
The towed hydrophones will ideally be monitored 24 hours per day
while at the seismic survey area during airgun operations, and during
most periods when the Langseth is underway while the airguns are not
operating; PAM may not be possible if damage occurs to both the primary
and back-up hydrophone arrays during operations.
Comment 7: Extend the monitoring period to at least one hour before
initiation of seismic activities and at least one hour before the
resumption of airgun activities after a shutdown because of a marine
mammal sighting within an exclusion zone.
Response: As the Commission points out, several species of deep-
diving cetaceans are capable of remaining underwater for more than 30
minutes; however, for the following reasons NMFS believes that 30
minutes is an adequate length for the monitoring period prior to the
start-up of airguns:
(1) Because the Langseth is required to monitor before ramp-up of
the airgun array, the time of monitoring prior to start-up of any but
the smallest array is effectively longer than 30 minutes (ramp-up will
begin with the smallest airgun in the array and airguns will be added
in sequence such that the source level of the array will increase in
steps not exceeding approximately 6 dB per 5 minute period over a total
duration of 20 to 30 minutes);
(2) In many cases PSVOs are making observations during times when
the seismic airguns are not being operated and will actually be
observing prior to the 30-minute observation period anyway;
(3) The majority of the species that may be exposed do not stay
underwater more than 30 minutes; and
(4) All else being equal and if deep-diving individuals happened to
be in the area in the short time immediately prior to the pre-start-up
monitoring, if an animal's maximum underwater dive time is 45 minutes,
then there is only a one in three chance that the last random surfacing
would occur prior to the beginning of the required 30-minute monitoring
period and that the animal would not be seen during that 30-minue
period.
Also, seismic vessels are moving continuously (because of the long,
towed array) and NMFS believes that unless the animal submerges and
follows at the speed of the vessel (highly unlikely, especially when
considering that a significant part of their movements is vertical
[deep-diving]), the vessel will be far beyond the length of the
exclusion zone (EZ) radii within 30 minutes, and therefore it will be
safe to start the airguns again.
The effectiveness of monitoring is science-based and the
requirement that mitigation measures be ``practicable.'' NMFS believes
that the framework for visual monitoring will: (1) Be effective at
spotting almost all species for which take is requested; and (2) that
imposing additional requirements, such as those suggested by the
Commission, would not meaningfully increase the effectiveness of
observing marine mammals approaching or entering the EZs.
Comment 8: The Commission recommends that, before issuing the
requested IHA, NMFS require that observers collect and analyze data on
the effectiveness of ramp-up as a mitigation measure during all such
procedures.
Response: The IHA requires that PSVOs on the Langseth make
observations for 30 minutes prior to ramp-up, during all ramp-ups, and
during all daytime seismic operations and record the following
information when a marine mammal is sighted:
(i) Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc., and including responses to ramp-up), and
behavioral pace; and
(ii) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state of ramp-up
or power-down), Beaufort wind force sea state, visibility, and sun
glare.
One of the primary purposes of monitoring is to result in
``increased knowledge of the species'' and the effectiveness of
monitoring and mitigation measures; the effectiveness of marine
mammal's reaction to ramp-up would be useful information in this
regard. NMFS has asked NSF and L-DEO to gather all data that could
potentially provide information regarding the effectiveness of ramp-ups
as a mitigation measure. However, considering the low numbers of marine
mammal sightings and low numbers of ramp-ups, it is unlikely that the
information will result in any statistically robust conclusions for
this particular seismic survey. Over the long term, these requirements
may provide information regarding the effectiveness of ramp-up as a
mitigation measure, provided animals are detected during ramp-up.
Post-cruise monitoring reports required by the IHA contain vast
amounts of sighting data. LGL Ltd., Environmental Research Associates
(LGL), a contractor for L-DEO, has processed sighting and density and
data, and their publications can be viewed online at: http://www.lgl.com/index.php?option=com_content&view=article&id=69&Itemid=162&lang=en. Post-cruise monitoring
reports are currently available on the NMFS MMPA Incidental Take
Program Web site and future reports will also be available on the NSF
Web site should there be interest in further analysis of this data by
the public.
Comment 9: The Commission requests that NMFS work with the
applicant to correct discrepancies within the application and between
the application and Federal Register notice. The last paragraph of page
8 of the application states that ``[t]hirty-three cetacean species
including 26 odontocete species and seven mysticetes may occur in the
Shatsky Rise area * * *'' but then goes on to state that the
``[i]nformation on the occurrence, distribution, population size, and
conservation status for each of the 34 marine mammal species that may
occur in the study area is presented in Table 2. The text of the notice
refers to 34 species of marine mammals that
[[Page 44774]]
could be taken by harassment, but Table 3 in the notice lists only 32
species.
Response: NMFS could find no discrepancies in L-DEO's application
between the last paragraph on page 8 and Table 2. The application
discussed 33 species which included 26 odontocetes, seven mysticetes
and the addition of one pinniped, the northern fur seal (Callorhinus
ursinus), totaling 34 species shown in Table 2.
Please note that Table 3 combines three cryptic species (Ginkgo-
toothed beaked whale, Stejneger's beaked whale, and Hubb's beaked whale
into one category, named Mesoplodon spp.; thus reducing the number of
species listed in Table 3 by two for a total of 32 species. However,
the total number of species that could be taken by harassment remains
at 34 animals.
Comment 10: The Commission requests that NMFS advise the applicant
of the need to use the 160-dB re 1 [micro]Pa(rms) threshold
for all cetaceans as currently used by the Service or to explain the
bases for using some other sound level as the appropriate threshold.
Response: The applicant understands that the 170-dB level is
currently not an accepted threshold level for an authorization from
NMFS. The requested takes are based on the 160-dB level.
In closing, NMFS is open to meeting with the Commission to further
discuss the broad issues raised in their comments, which relate to more
than just the IHA contemplated here. NMFS' staff has contacted
Commission staff in response to this request and will follow up to
schedule a meeting this year.
Description of the Marine Mammals in the Area of the Specified Activity
Thirty-four marine mammal species may occur in the Shatsky Rise
survey area, including 26 odontocetes (toothed cetaceans), 7 mysticetes
(baleen whales) and one pinniped. Six of these species are listed as
endangered under the U.S. Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.), including the north Pacific right (Eubalena
japonica), humpback (Megaptera novaeangliae), sei (Balaenoptera
borealis), fin (Balaenoptera physalus), blue (Balaenoptera musculus),
and sperm (Physeter macrocephalus) whale.
The western North Pacific gray whale (Eschrichtius robustus) occurs
in the northwest Pacific Ocean and is listed as endangered under the
ESA and as critically endangered by the International Union for
Conservation of Nature (IUCN). L-DEO does not expect to encounter this
species within the survey area as gray whales are known to prefer
nearshore coastal waters. Thus, L-DEO does not present analysis for
this species nor does the application request take for this species.
NMFS has presented a more detailed discussion of the status of
these stocks and their occurrence in the northeastern Pacific Ocean, as
well as other marine mammal species that occur around Shatsky Rise, in
the notice of the proposed IHA (75 FR 28568, May 21, 2010).
Potential Effects on Marine Mammals
Summary of Potential Effects of Airgun Sounds
Level B harassment of cetaceans and pinnipeds has the potential to
occur during the seismic survey due to acoustic stimuli caused by the
firing of a single airgun or the 36-airgun array which introduces sound
into the marine environment. The effects of sounds from airguns might
include one or more of the following: Tolerance, masking of natural
sounds, behavioral disturbance, temporary or permanent hearing
impairment, or non-auditory physical or physiological effects
(Richardson et al., 1995; Gordon et al., 2004; Nowacek et al., 2007;
Southall et al., 2007). Permanent hearing impairment, in the unlikely
event that it occurred, would constitute injury, but temporary
threshold shift (TTS) is not an injury (Southall et al., 2007).
Although the possibility cannot be entirely excluded, it is unlikely
that the project would result in any cases of temporary or permanent
hearing impairment, or any significant non-auditory physical or
physiological effects. Some behavioral disturbance is expected, but
NMFS expects the disturbance to be localized and short-term.
The notice of the proposed IHA (75 FR 28568, May 21, 2010) included
a discussion of the effects of sounds from airguns 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 all types of marine mammals to seismic vessels can be found
in L-DEO's application and NMFS' EA. The notice of the proposed IHA
also included a discussion of the potential effects of the multibeam
echosounder (MBES) and the sub-bottom profiler (SBP). Because of the
shape of the beams of these sources and their power, NMFS believes it
unlikely that marine mammals will be exposed to either the MBES or the
SBP at levels at or above those likely to cause harassment. Further,
NMFS believes that the brief exposure of cetaceans to a few signals
from the multi-beam bathymetric sonar system is not likely to result in
the harassment of marine mammals.
Anticipated Effects on Marine Mammal Habitat
A detailed discussion of the potential effects of this action on
marine mammal habitat, including physiological and behavioral effects
on marine fish and invertebrates was included in the proposed IHA (75
FR 28568, May 21, 2010). Based on the discussion in the proposed IHA
notice and the nature of the activities (limited duration), the
authorized operations are not expected to result in any permanent
impact on habitats used by marine mammals, including the food sources
they use. The main impact associated with the activity will be
temporarily elevated noise levels and the associated direct effects on
marine mammals.
Mitigation
In order to issue an incidental take authorization (ITA) under
Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
L-DEO has based the mitigation measures described herein, to be
implemented for the seismic survey, on the following:
(1) Protocols used during previous L-DEO seismic research cruises
as approved by NMFS;
(2) previous IHA applications and IHAs approved and authorized by
NMFS; and
(3) recommended best practices in Richardson et al. (1995), Pierson
et al. (1998), and Weir and Dolman, (2007).
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, L-DEO and/or its designees will
implement the following mitigation measures for marine mammals:
(1) Exclusion zones;
(2) power-down procedures;
(3) shutdown procedures, including procedures for species of
concern such as emergency shut-down procedures for North Pacific right
whales; and
(4) ramp-up procedures.
Exclusion Zones-During the study, all survey effort will take place
in deep (greater than 1,000 m) water. L-DEO
[[Page 44775]]
uses safety radii to designate exclusion zones and to estimate take
(described in greater detail in Section VII of the application) for
marine mammals. Table 1 shows the distances at which three sound levels
(160-, 180-, and 190-dB) are expected to be received from the 36-airgun
array and a single airgun. The 180- and 190-dB levels are shut-down
criteria applicable to cetaceans and pinnipeds, respectively, as
specified by NMFS (2000); and L-DEO used these levels to establish the
EZs.
Table 1--Measured (Array) or Predicted (Single Airgun) Distances to Which Sound Levels >=190, 180, and 160 dB
re: 1 [mu]Pa Could be Received in Deep (>1000 m; 3280 ft) Water From the 36-Airgun Array, as Well as a Single
Airgun, During the Shatsky Rise Seismic Survey, July--September, 2010 (Based on L-DEO Models and Tolstoy et al.,
2009).
----------------------------------------------------------------------------------------------------------------
Predicted RMS Distances (m)
Source and volume Tow depth (m) --------------------------------
190 dB 180 dB 160 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun 40 in \3\................................ *9-12 12 40 385
4 Strings 36 airguns 6,600 in \3\........................... 9 400 940 3,850
12 460 1,100 4,400
----------------------------------------------------------------------------------------------------------------
*The tow depth has minimal effect on the maximum near-field output and the shape of the frequency spectrum for
the single 40-in \3\ airgun; thus the predicted safety radii are essentially the same at each tow depth.
If the protected species visual observer (PSVO) detects marine
mammal(s) within or about to enter the appropriate EZ, the Langseth
crew will immediately power down the airguns, or perform a shut down
immediately (see Shut-down Procedures).
Power-Down Procedures--A power down involves decreasing the number
of airguns in use such that the radius of the 180-dB zone is decreased
to the extent that marine mammals are no longer in or about to enter
the EZ. A power down of the airgun array can also occur when the vessel
is moving from one seismic line to another. During a power down for
mitigation, L-DEO will operate one airgun. The continued operation of
one airgun is intended to alert marine mammals to the presence of the
seismic vessel in the area. In contrast, a shut down occurs when the
Langseth suspends all airgun activity.
If the PSVO detects a marine mammal (other than a north Pacific
right whale--see Shut-down Procedures) outside the EZ, but it is likely
to enter the EZ, L-DEO will power down the airguns to a single airgun
before the animal is within the EZ. Likewise, if a mammal is already
within the EZ when first detected L-DEO will power down the airguns
immediately. During a power down of the airgun array, L-DEO will also
operate the 40-in\3\ airgun. If the PSVO detects a marine mammal within
or near the smaller EZ around that single airgun (Table 1), L-DEO will
shut down the airgun (see next Section).
Following a power down, L-DEO will not resume airgun activity until
the marine mammal has cleared the safety zone for the full array. L-DEO
will consider the animal to have cleared the EZ if:
A PSVO has visually observed the animal leave the EZ, or
a PSVO has not sighted the animal within the EZ for 15
minutes. for small odontocetes (or pinnipeds), or 30 min. for
mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf
sperm, and beaked whales.
During airgun operations following a power down (or shut down)
whose duration has exceeded the time limits specified previously, L-DEO
will ramp-up the airgun array gradually (see Shut-down Procedures).
Shut-down Procedures--L-DEO will shut down the operating airgun(s)
if a marine mammal is seen within or approaching the EZ for the single
airgun. L-DEO will implement a shut down:
(1) If an animal enters the EZ of the single airgun after L-DEO has
initiated a power down, or
(2) If an animal is initially seen within the EZ of the single
airgun when more than one airgun (typically the full airgun array) is
operating. L-DEO will not resume airgun activity until the marine
mammal has cleared the EZ, or until the PSVO is confident that the
animal has left the vicinity of the vessel. Criteria for judging that
the animal has cleared the EZ will be as described in the preceding
section.
Considering the conservation status for North Pacific right whales,
L-DEO will shut down the airgun(s) immediately in the unlikely event
that this species is observed, regardless of the distance from the
Langseth. L-DEO will only begin a ramp-up if the right whale has not
been seen for 30 minutes.
Ramp-Up Procedures--L-DEO will follow a ramp-up procedure when the
airgun array begins operating after a specified period without airgun
operations or when a power down has exceeded that period. L-DEO
proposes that, for the present cruise, this period would be
approximately 8 minutes. This period is based on the 180-dB radius (940
m, 3,084 ft) for the 36-airgun array towed at a depth of 9 m relation
to the minimum planned speed of the Langseth while shooting (7.4 km/h,
4.6 mi/h). Similar periods (approximately 8-10 minutes) were used
during previous L-DEO surveys.
Ramp-up will begin with the smallest airgun in the array (40-in
\3\). Airguns will be added in a sequence such that the source level of
the array will increase in steps not exceeding six dB per five-minute
period over a total duration of approximately 35 minutes. During ramp-
up, the PSVOs will monitor the EZ, and if marine mammals are sighted,
L-DEO will implement a power down or shut down as though the full
airgun array were operational.
If the complete EZ has not been visible for at least 30 minutes
prior to the start of operations in either daylight or nighttime, L-DEO
will not commence the ramp-up unless at least one airgun (40-in \3\ or
similar) has been operating during the interruption of seismic survey
operations. Given these provisions, it is likely that the airgun array
will not be ramped up from a complete shut down at night or in thick
fog, because the outer part of the safety zone for that array will not
be visible during those conditions. If one airgun has operated during a
power-down period, ramp-up to full power will be permissible at night
or in poor visibility, on the assumption that marine mammals will be
alerted to the approaching seismic vessel by the sounds from the single
airgun and could move away. L-DEO will not initiate a ramp-up of the
airguns if a marine mammal is sighted within or near the applicable EZs
during the day or close to the vessel at night.
[[Page 44776]]
NMFS has carefully evaluated the applicant's mitigation measures
and has considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
adverse impact on the affected marine mammal species and stocks and
their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another: (1)
The manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals; (2) the proven or likely efficacy of the specific
measure to minimize adverse impacts as planned; and (3) the
practicability of the measure for applicant implementation.
Based on our evaluation of the applicant's mitigation measures, as
well as other measures considered by NMFS or recommended by the public,
NMFS has determined that the required mitigation measures provide the
means of effecting the least practicable adverse impacts on marine
mammals species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance.
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
L-DEO proposes to sponsor marine mammal monitoring during the
present project, in order to implement the mitigation measures that
require real-time monitoring, and to satisfy the anticipated monitoring
requirements of the IHA. L-DEO's Monitoring Plan is described below
this section and was planned as a self-contained project independent of
any other related monitoring projects that may be occurring
simultaneously in the same regions. L-DEO is prepared to discuss
coordination of its monitoring program with any related work that might
be done by other groups insofar as this is practical.
Vessel-based Visual Monitoring
PSVOs will be based aboard the seismic source vessel and will watch
for marine mammals near the vessel during daytime airgun operations and
during any start-ups at night. PSVOs will also watch for marine mammals
near the seismic vessel for at least 30 minutes prior to the start of
airgun operations after an extended shut down. When feasible, PSVOs
will also observe during daytime periods when the seismic system is not
operating for comparison of sighting rates and behavior with airgun
operations versus without airgun operations. Based on PSVO
observations, L-DEO will power down or shut down the airguns when
marine mammals are observed within a designated EZ or are about to
enter a designated EZ. The EZ is a region in which a possibility exists
of adverse effects on animal hearing or other physical effects.
During seismic operations at the Shatsky Rise, five PSVOs will be
based aboard the Langseth. L-DEO will appoint the PSVOs with NMFS'
concurrence. At least one PSVO and when practical, two PSVOs will
monitor marine mammals near the seismic vessel during ongoing daytime
operations and nighttime start ups of the airguns. Use of two
simultaneous PSVOs will increase the effectiveness of detecting animals
near the sound source. PSVOs will be on duty in shifts of duration no
longer than four hours. L-DEO will also instruct other vessel crew to
assist in detecting marine mammals and implementing mitigation
requirements (if practical). Before the start of the seismic survey, L-
DEO will give the crew additional instruction regarding how to
accomplish this task.
The Langseth is a suitable platform for marine mammal and turtle
observations. When stationed on the observation platform, the eye level
will be approximately 21.5 m (70.5 ft) above sea level, and the
observer will have a good view around the entire vessel. During
daytime, the PSVOs will scan the area around the vessel systematically
with reticle binoculars (e.g., 7 x 50 Fujinon), Big-eye binoculars (25
x 150), and with the naked eye. During darkness, night vision devices
(NVDs) will be available (ITT F500 Series Generation 3 binocular-image
intensifier or equivalent), when required. Laser range-finding
binoculars (Leica LRF 1200 laser rangefinder or equivalent) will be
available to assist with distance estimation. These devices are useful
in training PSVOs to estimate distances visually, but are generally not
useful in measuring distances to animals directly; that is done
primarily with the reticles in the binoculars' lenses.
Passive Acoustic Monitoring
Passive Acoustic Monitoring (PAM) will complement the visual
monitoring program, when practicable. Visual monitoring typically is
not effective during periods of poor visibility (e.g., bad weather) or
at night. In instances of with good visibility, visual monitoring is
unable to detect marine mammals when they are below the surface or
beyond visual range. L-DEO can use acoustical monitoring in addition to
visual observations to improve detection, identification, and
localization of cetaceans. The acoustic monitoring will serve to alert
visual observers (if on duty) when vocalizing cetaceans are detected.
It is only useful when marine mammals call, but it can be effective
either by day or by night, and does not depend on good visibility. It
will be monitored in real time so that the visual observers can be
advised when cetaceans are detected. When bearings (primary and mirror-
image) to calling cetacean(s) are determined, the bearings will be
relayed to the visual observer to help him/her sight the calling
animal(s).
The PAM system consists of hardware (i.e., hydrophones) and
software. The ``wet end'' of the system consists of a towed four-
hydrophone array, two of which are monitored simultaneously; the active
section of the array is approximately 30 m (98 ft) long. The array is
attached to the vessel by a 250-m (820 ft) electromechanical lead-in
cable and a 50-m (164 ft) long deck lead-in cable. However, not the
entire length of lead-in cable is used; thus, the hydrophones are
typically located 120 m (394 ft) behind the stern of the ship. The deck
cable is connected from the array to a computer in the laboratory where
signal conditioning and processing takes place. The digitized signal is
then sent to the main laboratory, where the acoustic PSVO monitors the
system. The hydrophone array is typically towed at depths less than 20
m (66 ft).
The towed hydrophones will ideally be monitored 24 hr/d while at
the seismic survey area during airgun operations, and during most
periods when the Langseth is underway while the airguns are not
operating. One PSVO will monitor the acoustic detection system at any
one time, by listening to the signals from two channels via headphones
and/or speakers and watching the real-time spectrographic display for
frequency ranges produced by cetaceans. PSVOs monitoring the acoustical
data will be on shift for one
[[Page 44777]]
to six hours at a time. Besides the PSVO, an additional protected
species observer (PSO) with primary responsibility for PAM will also be
aboard. All PSVOs are expected to rotate through the PAM position,
although the most experienced with acoustics will be on PAM duty more
frequently.
When a vocalization is detected while visual observations are in
progress, the acoustic PSO will contact the visual PSVO immediately, to
alert him/her to the presence of cetaceans (if not already visually
detected), and initiate a power down or shut down, if required. The
information regarding the call will be entered into a database. The
data to be entered include an acoustic encounter identification number,
whether it was linked with a visual sighting, date, time when first and
last heard and whenever any additional information was recorded,
position and water depth when first detected, bearing if determinable,
species or species group (e.g., unidentified dolphin, sperm whale),
types and nature of sounds heard (e.g., clicks, continuous, sporadic,
whistles, creaks, burst pulses, strength of signal, etc.), and any
other notable information. The acoustic detection can also be recorded
for further analysis.
PSVO Data and Documentation
PSVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document apparent
disturbance reactions or lack thereof. Data will be used to estimate
numbers of animals potentially `taken' by harassment (as defined in the
MMPA). They will also provide information needed to order a power down
or shut down of the airguns when a marine mammal is within or near the
EZ.
When a sighting is made, the PSVO/L-DEO will record the following
information about the sighting:
1. Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc.), and behavioral pace.
2. Time, location, heading, speed, activity of the vessel, sea
state, visibility, and sun glare.
The data listed under (2) will also be recorded at the start and
end of each observation watch, and during a watch whenever there is a
change in one or more of the variables.
All observations and power downs or shut downs will be recorded in
a standardized format. Data will be entered into an electronic
database. The accuracy of the data entry will be verified by
computerized data validity checks as the data are entered and by
subsequent manual checking of the database. These procedures will allow
initial summaries of data to be prepared during and shortly after the
field program, and will facilitate transfer of the data to statistical,
graphical, and other programs for further processing and archiving.
Results from the vessel-based observations will provide:
1. The basis for real-time mitigation (airgun power down or shut
down).
2. Information needed to estimate the number of marine mammals
potentially taken by harassment, which must be reported to NMFS.
3. Data on the occurrence, distribution, and activities of marine
mammals and turtles in the area where the seismic study is conducted.
4. Information to compare the distance and distribution of marine
mammals and turtles relative to the source vessel at times with and
without seismic activity.
5. Data on the behavior and movement patterns of marine mammals and
turtles seen at times with and without seismic activity.
L-DEO will submit a report to NMFS and NSF within 90 days after the
end of the cruise. The report will describe the operations conducted
and sightings of marine mammals and turtles near the operations. The
report will provide full documentation of methods, results, and
interpretation pertaining to all monitoring. The 90-day report will
summarize the dates and locations of seismic operations, and all marine
mammal sightings (dates, times, locations, activities, associated
seismic survey activities). The report will also include estimates of
the number and nature of exposures that could result in ``takes'' of
marine mammals by harassment or in other ways.
L-DEO will report all injured or dead marine mammals (regardless of
cause) to NMFS as soon as practicable. The report should include the
species or description of the animal, the condition of the animal,
location, time first found, observed behaviors (if alive) and photo or
video, if available.
Estimated Take of Marine Mammals by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is anticipated and authorized as a
result of the marine geophysical survey at the Shatsky Rise. Acoustic
stimuli (i.e., increased underwater sound) generated during the
operation of the seismic airgun array, may have the potential to cause
marine mammals in the survey area to be exposed to sounds at or greater
than 160 decibels (dB) or cause temporary, short-term changes in
behavior. There is no evidence that the activities could result in
injury or mortality within the specified geographic area for which L-
DEO seeks the IHA. The required mitigation and monitoring measures are
expected to minimize the possibility of takes by (Level A harassment),
serious injury, or mortality.
NMFS included an in-depth discussion of the methods used to
calculate the densities of the marine mammals in the area of the
seismic survey in a previous notice for the proposed IHA (75 FR 28568,
May 21, 2010). A summary is included here.
L-DEO's estimates are based on a consideration of the number of
marine mammals that could be disturbed appreciably by operations with
the 36-airgun array to be used during approximately 3,160 km of seismic
surveys at the Shatsky Rise.
Density data on 18 marine mammal species in the Shatsky Rise area
are available from two sources using conventional line transect
methods: Japanese sighting surveys conducted since the early 1980s, and
fisheries observers in the high-seas driftnet fisheries during 1987-
1990 (see Table 3 in L-DEO's application). For the 16 other marine
mammal species that could be encountered in the survey area, data from
the western North Pacific right whale are not available (see Table 3 in
L-DEO's application). NMFS is not aware of any density estimates for
three of those species--Hubb's, Stejneger's, and gingko-toothed beaked
whales. For the remaining 13 species (see Table 3 in L-DEO's
application), density estimates are available from other areas of the
Pacific: 11 species from the offshore stratum of the 2002 Hawaiian
Islands survey (Barlow, 2006) and two species from surveys of the
California Current ecosystem off the U.S. west coast between 1991 and
2005 (Barlow and Forney, 2007). Those estimates are based on standard
line-transect protocols developed by NMFS'
[[Page 44778]]
Southwest Fisheries Science Center (SWFSC).
Densities for 14 species are available from Japanese sighting
surveys in the Shatsky Rise survey area. Miyashita (1993a) provided
estimates for six dolphin species in this area that have been taken in
the Japanese drive fisheries. The densities used here are Miyashita's
(1993a) estimates for the `Eastern offshore' survey area (30-42[deg] N,
145[deg]-180[deg] E). Kato and Miyashita (1998) provided estimates for
sperm whale densities from Japanese sightings data during 1982 to 1996
in the western North Pacific (20-50[deg] N, 130[deg]-180[deg] E), and
Hakamada et al. (2004) provided density estimates for sei whales during
August through September in the JARPN II sub-areas 8 and 9 (35-50[deg]
N, 150-170[deg] E excluding waters in the Exclusive Economic Zone of
Russia) during 2002 and 2003. L-DEO used density estimates during 1994
through 2007 for minke whales at 35-40[deg] N, 157-170[deg] E from
Hakamada et al. (2009), density estimates during 1998 through 2002 for
Bryde's whales at 31-43[deg] N, 145-165[deg] E from Kitakado et al.
(2008), and density estimates during 1994-2007 for blue, fin, humpback,
and North Pacific right whales at 31-51[deg] N, 140-170[deg] E from
Matsuoka et al. (2009).
For four species (northern fur seal, Dall's porpoise, Pacific
white-sided dolphin (Lagenorhynchus obliquidens), northern right-whale
dolphin (Lissodelphis borealis)), estimates of densities in the Shatsky
Rise area are available from sightings data collected by observers in
the high-seas driftnet fisheries during 1987 through 1990 (Buckland et
al., 1993). Those data were analyzed for 5[deg] x 5[deg] blocks, and
the densities used here are from blocks for which available data
overlap the survey area. In general, those data represent the average
annual density in the northern half of the Shatsky Rise survey area
(35-40[deg] N).
The densities mentioned above had been corrected by the original
authors for detectability bias and, with the exception of Kitakado et
al. (2008) and Hakamada et al. (2009), for availability bias.
Detectability bias is associated with diminishing sightability with
increasing lateral distance from the track line [f(0)]. Availability
bias refers to the fact that there is less than a 100 percent
probability of sighting an animal that is present along the survey
track line, and it is measured by g(0).
There is some uncertainty about the accuracy of the density data
from the Japanese Whale Research Program under Special Permit (JARPN/
JARPN II). For example, densities in Miyashita (1993a) and Buckland et
al. (1993) are from the 1980s and represent the best available
information for the Shatsky Rise area at this time. To provide some
allowance for these uncertainties, particularly underestimates of
densities present and numbers of marine mammals potentially affected
have been derived; L-DEO's maximum estimates (precautionary estimates)
are 1.5 times greater than the best estimates.
The estimated numbers of individuals potentially exposed are based
on the 160-dB re 1 [mu]Pa [middot] mrms criterion for all
cetaceans (see Table 2 in this notice). It is assumed that marine
mammals exposed to airgun sounds that strong might change their
behavior sufficiently to be considered ``taken by harassment.''
L-DEO's estimates of exposures to various sound levels assume that
the surveys will be completed. As is typical during offshore ship
surveys, inclement weather and equipment malfunctions are likely to
cause delays and may limit the number of useful line-kilometers of
seismic operations that can be undertaken. Furthermore, any marine
mammal sightings within or near the designated exclusion zones will
result in the power down or shut down of seismic operations as a
mitigation measure. Thus, the following estimates of the numbers of
marine mammals potentially exposed to sound levels of 160 re 1 [mu]Pa
[middot] mrms are precautionary and probably overestimate
the actual numbers of marine mammals that might be involved. These
estimates also assume that there will be no weather, equipment, or
mitigation delays, which is highly unlikely.
Table 2 in this notice shows the best and maximum estimated number
of exposures and the number of different individuals potentially
exposed during the seismic survey if no animals moved away from the
survey vessel. The take authorization is based on the maximum estimates
in Table 2 rather than the best estimates of the numbers of individuals
exposed, because of uncertainties associated with applying density data
from one area to another.
The number of different individuals that may be exposed to airgun
sounds with received levels greater than or equal to 160 dB re 1 [mu]Pa
[middot] mrms on one or more occasions was estimated by
considering the total marine area that would be within the 160-dB
radius around the operating airgun array on at least one occasion. The
number of possible exposures (including repeated exposures of the same
individuals) can be estimated by considering the total marine area that
would be within the 160-dB radius around the operating airguns,
including areas of overlap. In the survey, the seismic lines are widely
spaced in the survey area, so an individual mammal would most likely
not be exposed numerous times during the survey; the area including
overlap is only 1.4 times the area excluding overlap. Moreover, it is
unlikely that a particular animal would stay in the area during the
entire survey. The number of different individuals potentially exposed
to received levels greater than or equal to 160 re 1 [mu]Pa [middot]
mrms was calculated by multiplying:
(1) The expected species density, either ``mean'' (i.e., best
estimate) or ``maximum'', times
(2) the anticipated minimum area to be ensonified to that level
during airgun operations including overlap (exposures), or
(3) the anticipated area to be ensonified to that level during
airgun operations excluding overlap (individuals).
The area expected to be ensonified was determined by entering the
planned survey lines into a MapInfo Geographic Information System
(GIS), using the GIS to identify the relevant areas by ``drawing'' the
applicable 160-dB buffer (see Table 1) around each seismic line, and
then calculating the total area within the buffers. Areas of overlap
were included only once when estimating the number of individuals
exposed.
Applying the approach described above, approximately 20,831 square
kilometers (km\2\) would be within the 160-dB isopleth on one or more
occasions during the survey, whereas 22,614 km\2\ is the area
ensonified to greater than or equal to 160 dB when overlap is included.
Thus, an average individual marine mammal would be exposed only once
during the survey. Because this approach does not allow for turnover in
the mammal populations in the study area during the course of the
survey, the actual number of individuals exposed could be
underestimated. However, the approach assumes that no cetaceans will
move away from or toward the trackline as the Langseth approaches in
response to increasing sound levels prior to the time the levels reach
160 dB, which will result in overestimates for those species known to
avoid seismic vessels.
The `maximum estimate' of the number of individual cetaceans that
could be exposed to seismic sounds with received levels greater than or
equal to 160 dB re: 1 [mu]Pa during the survey is 20,003. Most (96%) of
the cetaceans potentially exposed are delphinids; short-beaked common,
striped, pantropical spotted, and Pacific white-sided dolphins are
estimated to be the most common species in the area,
[[Page 44779]]
with maximum estimates of 9,666 (0.3% of the regional population),
3,721 (0.7%), 2,200 (0.5%), and 1,137 (0.1%) exposed to levels greater
than or equal to 160 dB re: 1 [mu]Pa, respectively.
Table 2--Estimates of the Possible Numbers of Marine Mammals Exposed To Different Sound Levels During L-DEO's
Seismic Survey at Shatsky Rise During July--September, 2010.
----------------------------------------------------------------------------------------------------------------
Estimated number of Estimated number of
individuals exposed to sound individuals exposed to sound
Species levels >= 160 dB re: 1 levels >= 160 dB re: 1
[mu]Pa (Best) [mu]Pa (Maximum)
----------------------------------------------------------------------------------------------------------------
North Pacific right whale........................... 1 2
Humpback whale...................................... 15 22
Minke whale......................................... 57 85
Bryde's whale....................................... 11 16
Sei whale........................................... 37 56
Fin whale........................................... 22 34
Blue whale.......................................... 12 18
Sperm whale......................................... 22 32
Pygmy sperm whale................................... 66 100
Dwarf sperm whale................................... 163 244
Cuvier's beaked whale............................... 142 212
Baird's beaked whale................................ 18 27
Longman's beaked whale.............................. 9 14
Blainville's beaked whale........................... 27 40
Mesoplodon spp...................................... 2 3
Rough-toothed dolphin............................... 65 97
Bottlenose dolphin.................................. 500 750
Pantropical spotted dolphin......................... 1,467 2,200
Spinner dolphin..................................... 17 26
Striped dolphin..................................... 2,480 3,721
Fraser's dolphin.................................... 95 143
Short-beaked common dolphin......................... 6,444 9,666
Pacific white-sided dolphin......................... 758 1,137
Northern right whale dolphin........................ 9 13
Risso's dolphin..................................... 225 337
Melon-headed whale.................................. 27 41
Pygmy killer whale.................................. 0 0
False killer whale.................................. 43 64
Killer whale........................................ 3 5
Short-finned pilot whale............................ 104 156
Dall's porpoise..................................... 457 686
Northern fur seal................................... 37 56
----------------------------------------------------------------------------------------------------------------
Best and maximum estimates are based on Table 3 in L-DEO's application. N.A. means not available. Mesoplodon
spp. could include ginkgo-toothed, Stejneger's, or Hubb's beaked whales; density (not available) is an
arbitrary low value.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``* * *
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' In making a negligible impact determination,
NMFS considers:
(1) The number of anticipated mortalities;
(2) the number and nature of anticipated injuries;
(3) the number, nature, and intensity, and duration of Level B
harassment; and
(4) the context in which the takes occur.
As mentioned previously, NMFS estimates that 34 species of marine
mammals could be potentially affected by Level B harassment over the
course of the IHA. For each species, these numbers are small (each,
less than two percent) relative to the population size.
No takes by (Level A harassment), serious injury, or mortality are
anticipated to occur as a result of the L-DEO's marine geophysical
survey, and none are authorized. Only short-term behavioral disturbance
is anticipated to occur due to the brief and sporadic duration of the
survey activities. Due to the nature, degree, and context of the
behavioral harassment anticipated, the activity is not expected to
impact rates of recruitment or survival.
NMFS has determined, provided that the aforementioned mitigation
and monitoring measures are implemented, that the impact of conducting
a marine geophysical survey at the Shatsky Rise in the northwest
Pacific Ocean, July through September 2010, may result, at worst, in a
temporary modification in behavior and/or low-level physiological
effects (Level B harassment) of small numbers of certain species of
marine mammals.
While behavioral modifications, including temporarily vacating the
area during the operation of the airgun(s), may be made by these
species to avoid the resultant acoustic disturbance, the availability
of alternate areas within these areas and the short and sporadic
duration of the research activities, have led NMFS to determine that
this action will have a negligible impact on the species in the
specified geographic region.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that L-DEO's planned research activities, will
result in the incidental take of small numbers of marine mammals, by
Level B
[[Page 44780]]
harassment only, and that the total taking from the marine geophysical
survey will have a negligible impact on the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act
Of the 34 species of marine mammals that may occur in the survey
area, six are listed as endangered under the ESA, including the north
Pacific right, humpback, sei, fin, blue, and sperm whales. Under
Section 7 of the ESA, NSF had initiated formal consultation with the
NMFS, Office of Protected Resources, Endangered Species Division, on
this seismic survey. NMFS' Office of Protected Resources, Permits,
Conservation and Education Division, also initiated formal consultation
under Section 7 of the ESA with NMFS' Office of Protected Resources,
Endangered Species Division, to obtain a Biological Opinion (BiOp)
evaluating the effects of issuing the IHA on threatened and endangered
marine mammals and, if appropriate, authorizing incidental take. On
July 16, 2010, NMFS concluded formal Section 7 consultation with itself
and issued a BiOp which concluded that the proposed action and issuance
of the IHA are not likely to jeopardize the continued existence of the
north Pacific right, humpback, sei, fin, blue, and sperm whales and
leatherback (Dermochelys coriacea), green (Chelonia mydas), loggerhead
(Caretta caretta), hawksbill (Eretmochelys imbricata), and olive ridley
(Lepidochelys olivacea) sea turtles. The BiOp also concluded that
designated critical habitat for these species does not occur in the
action area and would not be affected by the survey. L-DEO must comply
with the Relevant Terms and Conditions of the Incidental Take Statement
corresponding to NMFS' BiOp issued to both NSF and NMFS' Office of
Protected Resources.
National Environmental Policy Act (NEPA)
To meet NMFS' National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) requirements for the issuance of an IHA to L-DEO, NMFS
has prepared an Environmental Assessment (EA) titled ``Issuance of an
Incidental Harassment Authorization to the Lamont-Doherty Earth
Observatory to Take Marine Mammals by Harassment Incidental to a Marine
Geophysical Survey on the Shatsky Rise in the Northwest Pacific Ocean,
July-September 2010.'' This EA incorporates the NSF's Environmental
Analysis Pursuant To Executive Order 12114 (NSF, 2010) and an
associated report (Report) prepared by LGL Limited Environmental
Research Associates (LGL) for NSF, titled, ``Environmental Assessment
of a Marine Geophysical Survey by the R/V Marcus G. Langseth on the
Shatsky Rise in the Northwest Pacific Ocean, July-September, 2010,
(LGL, 2010)'' by reference pursuant to 40 Code of Federal Regulations
(CFR) 1502.21 and NOAA Administrative Order (NAO) 216-6 Sec. 5.09(d).
NMFS' EA analyzes the direct, indirect and cumulative environmental
impacts of the specified activities on marine mammals including those
listed as threatened or endangered under the ESA.
The NMFS has made a Finding of No Significant Impact (FONSI) and,
therefore, it is not necessary to prepare an environmental impact
statement for the issuance of an IHA to L-DEO for this activity. The EA
and the NMFS FONSI for this activity are available upon request (see
ADDRESSES).
Determinations
NMFS has determined that the impact of conducting the specific
seismic survey activities described in this notice and the IHA request
in the specific geographic region within the Shatsky Rise area in the
northwest Pacific Ocean may result, at worst, in a temporary
modification in behavior (Level B harassment) of small numbers of
marine mammals. Further, this activity is expected to result in a
negligible impact on the affected species or stocks of marine mammals.
The provision requiring that the activity not have an unmitigable
impact on the availability of the affected species or stock of marine
mammals for subsistence uses is not implicated for this action.
For reasons stated previously, the specified activities associated
with the survey are not likely to cause TTS, PTS or other non-auditory
injury, serious injury, or death to affected marine mammals because:
(1) The likelihood that, given sufficient notice through relatively
slow ship speed, marine mammals are expected to move away from a noise
source that is annoying prior to its becoming potentially injurious;
(2) The fact that cetaceans would have to be closer than 940 m
(0.61 mi) in deep water when the full array is in use at a 9 m (29.5
ft) tow depth from the vessel to be exposed to levels of sound believed
to have even a minimal chance of causing PTS;
(3) The fact that marine mammals would have to be closer than 3,850
m (2.4 mi) in deep water when the full array is in use at a 9 m (29.5
ft) tow depth from the vessel to be exposed to levels of sound (160 dB)
believed to have even a minimal chance at causing TTS; and
(4) The likelihood that marine mammal detection ability by trained
observers is high at that short distance from the vessel;
(5) The use of PAM, which is effective out to tens of kilometers,
will assist in the detection of vocalizing marine mammals at greater
distances from the vessel;
(6) The incorporation of other required mitigation measures (i.e.,
ramp-up, power-down, shut-down, temporal and spatial avoidance, special
measures for species of particular concern, and additional mitigation
measures); and
(7) The relatively limited duration and geographically widespread
distances of the seismic survey in the Shatsky Rise study area
(approximately 17 days).
As a result, no take by injury, serious injury, or death is
anticipated or authorized, and the potential for temporary or permanent
hearing impairment is very low and will be avoided through the
incorporation of the monitoring and mitigation measures.
While the number of marine mammals potentially incidentally
harassed will depend on the distribution and abundance of marine
mammals in the vicinity of the survey activity, the number of potential
Level B incidental harassment takings (see Table 2) is estimated to be
small, equal to or less than two percent of any of the estimated
population sizes based on the data disclosed in Table 2 of this notice,
and has been mitigated to the lowest level practicable through
incorporation of the monitoring and mitigation measures mentioned
previously in this document. Also, there are no known important
reproductive or feeding areas in the action area.
Authorization
As a result of these determinations, NMFS proposes to issue an IHA
to L-DEO for conducting a marine geophysical survey at the Shatsky Rise
area in the northwest Pacific Ocean, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
The duration of the IHA would not exceed one year from the date of its
issuance.
[[Page 44781]]
Dated: July 26, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-18660 Filed 7-28-10; 8:45 am]
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