[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Notices]
[Pages 25693-25706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10495]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB063
Takes of Marine Mammals Incidental to Specified Activities;
Marine Geophysical Survey in the Northwest Pacific Ocean, March Through
May, 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulation, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth
Observatory (L-DEO), a part of Columbia University, for an Incidental
Harassment Authorization (IHA) to take marine mammals, by harassment,
incidental to conducting a marine geophysical (seismic) survey in the
northwest Pacific Ocean, March through May, 2012.
DATES: Effective March 24 through May 7, 2012.
ADDRESSES: An electronic copy of the IHA and application containing a
list of the references used in this document may be obtained by writing
to P. Michael Payne, Chief, Permits and Conservation Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225 or by visiting the internet
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
An electronic copy of the application containing a list of the
references used in this document may be obtained by writing to the
above address, telephoning the contact listed here (see FOR FURTHER
INFORMATION CONTACT), or by 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: The National Science Foundation's (NSF) draft
Environmental Analysis (EA) pursuant to Executive Order 12114. The EA
incorporates an ``Environmental Assessment of a Marine Geophysical
Survey by the R/V Marcus G. Langseth in the Northwest Pacific Ocean,
March-April, 2012,'' prepared by LGL Limited, on behalf of NSF; and a
finding of no significant impact (FONSI) prepared by the NSF. NMFS
prepared its own EA and FONSI, which is available at the same Internet
address.. Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
The NMFS Biological Opinion will be available online at: http://www.nmfs.noaa.gov/pr/consultation/opinions.htm.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protect Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of
Commerce to authorize, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals of a species or
population stock, by United States citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region if certain findings are made and, if the taking is
limited to harassment, a notice of a proposed authorization is provided
to the public for review.
[[Page 25694]]
Authorization for the incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and requirements pertaining to the mitigation, monitoring and
reporting of such takings. NMFS has defined ``negligible impact'' as
``* * *an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization. NMFS must publish a notice in the Federal Register
within 30 days of its determination to issue or deny the authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Summary of Request
NMFS received an application on October 31, 2011, from L-DEO for
the taking by harassment, of marine mammals, incidental to conducting a
marine geophysical survey in the northwest Pacific Ocean in
international waters. Upon receipt of additional information, NMFS
determined the application complete and adequate on December 23, 2011.
NMFS made the complete application available for public comment (see
ADDRESSES) for this IHA.
L-DEO, with research funding from the U.S. National Science
Foundation (NSF), plans to conduct the survey from March 24, 2012,
through April 16, 2012. 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, the
authorization is effective from March 24, 2012 to May 7, 2012.
L-DEO received an IHA in 2010 to conduct the same specified
activity in the same location. However, due to medical emergencies, L-
DEO suspended its operations and was unable to complete the seismic
survey. Thus, this 2012 survey will allow L-DEO to acquire data
necessary to complete the abbreviated 2010 study.
L-DEO plans to use one source vessel, the R/V Marcus G. Langseth
(Langseth), a seismic airgun array, and a single hydrophone streamer 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 and hydrophone streamer, L-DEO
intends to operate a multibeam echosounder (MBES) and a sub-bottom
profiler (SBP) continuously throughout the survey.
L-DEO, the Langseth's operator, will conduct all planned seismic
data acquisition activities, with on-board assistance by the scientists
who will conduct the study. The scientific team for this survey
consists of Drs. Jun Korenaga (Yale University, New Haven, CT) and
William Sager (Texas A&M University, College Station, TX).
NMFS expects that acoustic stimuli resulting from the operation of
the single airgun or the 36-airgun array has the potential to harass
marine mammals, incidental to the conduct of the seismic survey. NMFS
expects these disturbances to be temporary and result in a temporary
modification in behavior and/or low-level physiological effects (Level
B harassment only) of small numbers of certain species of marine
mammals.
NMFS does not expect that the movement of the Langseth, during the
conduct of the seismic survey, has the potential to harass marine
mammals because of the relatively slow operation speed of the vessel
(4.6 knots (kts); 8.5 kilometers per hour (km/h); 5.3 miles per hour
(mph)) during seismic acquisition.
NMFS outlined the purpose of the program in a previous notice for
the proposed IHA (77 FR 4765, January 31, 2012). 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 notice of the
proposed IHA (77 FR 4765, January 31, 2012), the application, and
associated documents referenced above this section.
Description of the Specified Geographic Region
L-DEO will conduct the survey in international waters in the
northwest Pacific Ocean. The study area will encompass an area on the
Shatsky Rise bounded by approximately 33.5-36 degrees ([deg]) North by
156-161[deg] East. Water depths in the survey area range from
approximately 3,000 to 5,000 meters (m) (1.9 to 3.1 mi).
Comments and Responses
NMFS published a notice of receipt of the L-DEO application and
proposed IHA in the Federal Register on January 31, 2012 (77 FR 4765).
During the 30-day public comment period, NMFS received comments from
the Marine Mammal Commission (Commission) only. The Commission's
comments are 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 require L-DEO to re-estimate the proposed exclusion
zones (EZ) and buffer zones and associated takes of marine mammals
using site-specific information--if the EZs and buffer zones and
numbers of takes are not re-estimated, require L-DEO to provide a
detailed justification: (1) For basing the EZs and buffer zones for the
proposed survey in the northwest Pacific Ocean on empirical data
collected in the Gulf of Mexico (GOM) or on modeling that relies on
measurements from the GOM; and (2) that explains why simple ratios were
used to adjust for tow depth.
Response: The Langseth will conduct the survey in water depths
where site-specific source signature requirements are neither warranted
nor practical. Site signature measurements are normally
[[Page 25695]]
conducted commercially by shooting a test pattern over an ocean bottom
instrument in shallow water. This method is neither practical nor valid
in water depths as great as 3,000 meters (m) (9,842.5 feet (ft)). The
alternative method of conducting site-specific attenuation measurements
would require a second vessel, which is impractical both logistically
and financially. Sound propagation varies noticeably less between deep
water sites than between shallow water sites (because of the reduced
signature of bottom interaction), thus decreasing the importance of
site-specific estimates.
Based on these reasons, and the information provided by L-DEO in
their application and environmental analysis, NMFS is satisfied that
the data supplied are sufficient for NMFS to conduct its analysis and
support its determinations and therefore no further effort is needed by
the applicant. While exposures of marine mammals to acoustic stimuli
are difficult to estimate, NMFS is confident that the levels of take
provided by L-DEO in their IHA application and EA, and authorized
herein are estimated based upon the best available scientific
information and estimation methodology. The 160-decibel (dB) zone used
to estimate exposure is appropriate and sufficient for purposes of
supporting NMFS' analysis and determinations required under section
101(a)(5)(D) of the MMPA and its implementing regulations.
Appendix A in the environmental analysis includes information from
the calibration study conducted on the Langseth in 2007 and 2008. This
information is available in the EA on NSF's Web site at http://www.nsf.gov/geo/oce/envcomp/index.jsp. Appendix A describes the
modeling process and compares the model results with results of the
2007 to 2008 Langseth calibration experiment in shallow, intermediate,
and deep water. The conclusions identified in Appendix A show that the
model represents the actual produced levels, particularly within the
first few kilometers, where the predicted EZs (i.e., safety radii) lie.
At greater distances, local oceanographic variations begin to take
effect, and the model tends to over predict. Further, since the
modeling matches the observed measurement data, the authors have
concluded that the models can continue to be used for defining EZs,
including for predicting mitigation radii for various tow depths. The
data results from the studies were peer reviewed, and calibration
results, although viewed as conservative, were used to determine the
cruise-specific EZs.
At present, the L-DEO model does not account for site-specific
environmental conditions. The calibration study of the L-DEO model
predicted that using site-specific information may actually provide
less conservative EZ radii at greater distances. The Final Programmatic
Environmental Impact Statement for Marine Seismic Research Funded by
the National Science Foundation or Conducted by the U.S. Geological
Survey prepared pursuant to the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) did incorporate various site-specific
environmental conditions in the modeling of the Detailed Analysis
Areas.
The IHA issued to L-DEO, under section 101(a)(5)(D) of the MMPA
provides monitoring and mitigation requirements that will protect
marine mammals from injury, serious injury, or mortality. L-DEO is
required to comply with the IHA's requirements. These analyses are
supported by extensive scientific research and data. NMFS is confident
in the peer-reviewed results of the L-DEO scientific calibration
studies which, although viewed as conservative, are used to determine
cruise-specific EZs and which factor into exposure estimates. NMFS
determined that these reviews are the best scientific data available
for review of the IHA application and to support the necessary analyses
and determinations under the MMPA, Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) and NEPA.
Based on NMFS' analysis of the likely effects of the specified
activity on marine mammals and their habitat, NMFS has determined that
the EZs identified in the IHA are appropriate for the survey and that
additional field measurement is not necessary at this time. While
exposures of marine mammals to acoustic stimuli are difficult to
estimate, NMFS is confident that the levels of take authorized have
been estimated based upon the best scientific information and
estimation methodology. The 160-dB zone used to estimate exposure is
appropriate and sufficient for purposes of supporting NMFS' analysis
and determinations required under section 101(a)(5)(D) of the MMPA and
its implementing regulations.
Comment 2: The Commission recommends that, before issuing the
requested IHA, NMFS use species-specific maximum densities (i.e.,
estimated by multiplying the existing density estimates by a
precautionary correction factor) and then re-estimate the anticipated
number of takes.
Response: For purposes of this IHA, NMFS is using the best (i.e.,
average or mean) densities to estimate the number of authorized takes
for L-DEO's seismic survey in the northwestern Pacific Ocean as NMFS is
confident in the assumptions and calculations used to estimate density
for this survey area. NMFS makes a decision on whether to use maximum
or best densities on a case-by-case basis, depending on the nature and
robustness of existing data. NMFS has used best densities to estimate
the number of incidental takes in IHAs for several seismic surveys in
the past. The results of the associated monitoring reports show that
the use of the best estimates is appropriate for and does not refute
NMFS' determinations.
Comment 3: The Commission recommends that, before issuing the
requested IHA, NMFS condition the authorization to prohibit the use of
a shortened pause before ramping-up after a power-down or shut-down of
the airguns based on the presence of a marine mammal in the EZ and the
Langseth's movement (speed and direction).
Response: The IHA specifies the conditions under which the Langseth
will resume full-power operations of the airguns. During periods of
active seismic operations, there are occasions when the airguns need to
be temporarily shut-down (e.g., due to equipment failure, maintenance,
or shut-down) or when a power-down is necessary (e.g., when a marine
mammal is seen to either enter or about to enter the EZ). In these
instances, should the airguns be inactive or powered-down for more than
eight minutes, then L-DEO would follow the ramp-up procedures
identified in the ``Mitigation'' section (discussed later in this
document) where airguns will be re-started beginning with the smallest
airgun in the array and increase in steps not to exceed 6 dB per 5
minutes over a total duration of approximately 30 minutes. NMFS and NSF
believe that the 8-minute period in question is an appropriate minimum
amount of time to pass after which a ramp-up process should be
followed. In these instances, should it be possible for L-DEO to
reactivate the airguns without exceeding the 8-minute period (e.g.,
equipment is fixed or a marine mammal is visually observed to have left
the EZ for the full source level), then L-DEO would reactivate the
airguns to the full operating source level identified for the survey
(in this case, 6,600 in\3\) without need for initiating ramp-up
procedures. In the event a marine mammal enters the EZ and L-DEO
initiates a power-down, and the protected species observers do not
visually observe the marine mammal leaving the EZ, then L-DEO must wait
15 minutes (for
[[Page 25696]]
species with shorter dive durations--small odontocetes and pinnipeds)
or 30 minutes (for species with longer dive durations--mysticetes and
large odontocetes) after the last sighting before initiating a 30-
minute ramp-up. However, ramp-up will not occur as long as a marine
mammal is detected within the EZ, which provides more time for animals
to leave the EZ, and accounts for the position, swim speed, and heading
of marine mammals within the EZ.
Comment 4: The Commission recommends that, before issuing the
requested IHA, NMFS extend the 30-minute period following a marine
mammal sighting in the EZ to cover the maximum dive times of all
species likely to be encountered.
Response: NMFS recognizes that several species of deep-diving
cetaceans are capable of remaining underwater for more than 30 minutes
(e.g., sperm whales and several species of beaked whales); however, for
the following reasons NMFS believes that 30 minutes is an adequate
length for the monitoring period prior to the ramp-up of airguns:
(1) Because the Langseth is required to monitor before ramp-up of
the airgun array, the time of monitoring prior to the start-up of any
but the smallest array is effectively longer than 30 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 about 30 minutes;
(2) In many cases PSVOs are observing during times when L-DEO is
not operating the seismic airguns and would observe the area prior to
the 30-minute observation period;
(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-ramp-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-minute
period.
Finally, seismic vessels are moving continuously (because of the
long, towed array and streamer) and NMFS believes that unless the
animal submerges and follows at the speed of the vessel (highly
unlikely, especially when considering that a significant part of their
movement is vertical [deep-diving]), the vessel will be far beyond the
length of the EZ within 30 minutes, and therefore it will be safe to
start the airguns again.
Under the MMPA, incidental take authorizations must include means
of effecting the least practicable impact on marine mammal species and
their habitat. Monitoring and mitigation measures are designed to
comply with this requirement. The effectiveness of monitoring is
science-based, and monitoring and mitigation measures must 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 and thus further minimize the potential for take.
Comment 5: The Commission recommends that, before issuing the
requested IHA, NMFS provide additional justification for its
preliminary determination that the proposed monitoring program will be
sufficient to detect, with a high level of confidence, all marine
mammals within or entering the identified EZs and buffer zones,
including:
(1) Identifying those species that it believes can be detected with
a high degree of confidence using visual monitoring only;
(2) Describing detection probability as a function of distance from
the vessel;
(3) Describing changes in detection probability under various sea
state and weather conditions and light levels; and
(4) Explaining how close to the vessel marine mammals must be for
Protected Species Visual Observers (PSVOs) to achieve high nighttime
detection rates.
Response: NMFS believes that the planned monitoring program will be
sufficient to detect (using visual monitoring and passive acoustic
monitoring (PAM)), with reasonable certainty, marine mammals within or
entering identified EZs. This monitoring, along with the required
mitigation measures, will result in the least practicable adverse
impact on the affected species or stocks and will result in a
negligible impact on the affected species or stocks of marine mammals.
Also, NMFS expects some animals to avoid areas around the airgun array
ensonified at the level of the EZ.
NMFS acknowledges that the detection probability for certain
species of marine mammal varies depending on the animal's size and
behavior, as well as sea state and weather conditions and light levels.
The detectability of marine mammals likely decreases in low light
(i.e., darkness), higher Beaufort sea states and wind conditions, and
poor weather (e.g., fog and/or rain). However, at present, NMFS views
the combination of visual monitoring and PAM as the most effective
monitoring and mitigation techniques available for detecting marine
mammals within or entering the EZ. The final monitoring and mitigation
measures are the most effective feasible measures and NMFS is not aware
of any additional measures which could meaningfully increase the
likelihood of detecting marine mammals in and around the EZ. Further,
public comment has not revealed any additional monitoring and
mitigation measures that could be feasibly implemented to increase the
effectiveness of detection.
NSF and L-DEO are receptive to incorporating proven technologies
and techniques to enhance the current monitoring and mitigation
program. Until proven technological advances are made, nighttime
mitigation measures during operations include combinations of the use
of PSVOs for ramp-ups, PAM, night vision devices, and continuous
shooting of a mitigation airgun. Should the airgun array be powered-
down, the operation of a single airgun would continue to serve as a
sound deterrent to marine mammals. In the event of a complete shut-down
of the airgun array at night for mitigation or repairs, L-DEO suspends
the data collection until 30 minutes after nautical twilight-dawn (when
PSVOs are able to clear the EZ). L-DEO will not activate the airguns
until the entire EZ is visible for at least 30 minutes.
In cooperation with NMFS, L-DEO will be conducting efficacy
experiments of NVDs during a future Langseth cruise. In addition, in
response to a recommendation from NMFS, L-DEO is evaluating the use of
forward-looking thermal imaging cameras to supplement nighttime
monitoring and mitigation practices. During other low-power seismic and
seafloor mapping surveys, L-DEO successfully used these devices while
conducting nighttime seismic operations.
Comment 6: The Commission recommends that, before issuing the
requested IHA, NMFS consult with the funding agency (i.e., NSF) and
individual applicants (e.g., L-DEO) to develop, validate, and implement
a monitoring program that provides a scientifically sound, reasonably
accurate assessment of the types of marine mammal taking and the number
of marine mammals taken.
[[Page 25697]]
Response: Several studies have reported on the abundance and
distribution of marine mammals inhabiting the Pacific Ocean, and L-DEO
has incorporated this data into their analyses used to predict marine
mammal take in their application. NMFS believes that L-DEO's current
approach for estimating abundance in the survey area (prior to the
survey) is the best available approach.
There will be significant amounts of transit time during the
cruise, and PSVOs will be on watch prior to and after the seismic
portions of the survey, in addition to during the survey. The
collection of this visual observational data by PSVOs may contribute to
baseline data on marine mammals (presence/absence) and provide some
generalized support for estimated take numbers, but it is unlikely that
the information gathered from this single cruise alone would result in
any statistically robust conclusions for any particular species because
of the small number of animals typically observed.
NMFS acknowledges the Commission's recommendations and is open to
further coordination with the Commission, NSF (the vessel owner), and
L-DEO (the ship operator on behalf of NSF), to develop, validate, and
implement a monitoring program that will provide or contribute towards
a more scientifically sound and reasonably accurate assessment of the
types of marine mammal taking and the number of marine mammals taken.
However, the cruise's primary focus is marine geophysical research and
the survey may be operationally limited due to considerations such as
location, time, fuel, services, and other resources.
Comment 7: The Commission recommends that, before issuing the
requested IHA NMFS require the applicant to:
(1) Report the number of marine mammals that were detected
acoustically and for which a power-down or shut-down of the airguns was
initiated;
(2) Specify if such animals also were detected visually;
(3) Compare the results from the two monitoring methods (visual
versus acoustic) to help identify their respective strengths and
weaknesses; and
(4) Use that information to improve mitigation and monitoring
methods.
Response: The IHA requires that PSAOs on the Langseth do and record
the following when a marine mammal is detected by PAM:
(i) Notify the on-duty PSVO(s) immediately of a vocalizing marine
mammal so a power-down or shut-down can be initiated, if required;
(ii) Enter the information regarding the vocalization into a
database. The data to be entered include an acoustic encounter
identification number, whether it was linked with a visual sighting,
date, time when first and last heard and whenever any additional
information was recorded, position, and water depth when first
detected, bearing if determinable, species or species group (e.g.,
unidentified dolphin, sperm whale), types and nature of sounds heard
(e.g., clicks, continuous, sporadic, whistles, creaks, burst pulses,
strength of signal, etc.), and any other notable information.
NMFS acknowledges the Commission's request for a comparison between
L-DEO's visual and acoustic monitoring programs and we will work with
the NSF (the vessel owner) and L-DEO (the ship operator on behalf of
NSF) to analyze the results of the two monitoring methods to help
identify their respective strengths and weaknesses. The results of our
analyses may provide information to improve mitigation and monitoring
for future seismic surveys.
L-DEO reports on the number of acoustic detections made by the PAM
system within the post-cruise monitoring reports as required by the
IHA. The report also includes a description of any acoustic detections
that were concurrent with visual sightings, which allows for a
comparison of acoustic and visual detection methods for each cruise.
The post-cruise monitoring reports also include the following
information: The total operation effort in daylight (hours), the total
operation effort at night (hours), the total number of hours of visual
observations conducted, the total number of sightings, and the total
number of hours of acoustic detections conducted.
LGL Ltd., Environmental Research Associates (LGL), a contractor for
L-DEO, has processed sighting and density data, and their publications
can be viewed online at: 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 NMFS' MMPA Incidental Take Program
Web site and on the NSF Web site (http://www.nsf.gov/geo/oce/envcomp/index.jsp) should there be interest in further analysis of this data by
the public.
Comment 8: The Commission recommends that, before issuing the
requested IHA, NMFS work with NSF to analyze those data to help
determine the effectiveness of ramp-up procedures as a mitigation
measure for seismic surveys after the data are compiled and quality
control measures have been completed.
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 of the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc., and including responses to ramp-up), and
behavioral pace; and
(ii) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state of ramp-up
or power-down), Beaufort sea state and wind force, 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 ramp-up as a
mitigation measure and marine mammal reaction to ramp-up would be
useful information in this regard. NMFS has asked NSF and L-DEO to
gather all data that could potentially provide information regarding
the effectiveness of ramp-ups as a mitigation measure. However,
considering the low numbers of marine mammal sightings and low numbers
of ramp-ups, it is unlikely that the information will result in any
statistically robust conclusions for this particular seismic survey.
Over the long term, these requirements may provide information
regarding the effectiveness of ramp-up as a mitigation measure,
provided animals are detected during ramp-up.
Description of the Marine Mammals in the Area of the Specified Activity
Thirty-four marine mammal species may occur in the Shatsky Rise
survey area, including 26 odontocetes (toothed cetaceans), seven
mysticetes (baleen whales) and one species of pinniped during March
through May. Six of these species are listed as endangered under the
Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.), including
the blue (Balaenoptera musculus), fin (Balaenoptera physalus), humpback
(Megaptera novaeangliae), north Pacific right (Eubalaena japonica), sei
(Balaenoptera borealis),and sperm (Physeter macrocephalus) whales.
[[Page 25698]]
Based on available data, it is unlikely that the western north
Pacific gray whale (Eschrichtius robustus), the pygmy killer (Feresa
attenuata), the ginkgo-toothed (Mesoplodon ginkgodens), the Stejneger's
(M. stejnegeri), or the Hubb's (M. carlhubbsi) beaked whale would occur
in the survey area. Based on available data, L-NMFS does not expect to
L-DEO to encounter the western north Pacific gray whale within the
study area as gray whales are known to prefer nearshore coastal waters.
However, NMFS has authorized take for the species to account for an
estimated mean group size that may potentially be exposed to sounds
from the seismic survey. L-DEO did not request and NMFS did not
authorize take of four species: pygmy killer whale or ginkgo-toothed,
Stejneger's, or Hubb's beaked whales; because of the low likelihood of
encountering these species during the cruise. Thus, the issued IHA only
addresses requested take authorizations for 30 species: seven
mysticetes, 22 odontocetes, and one species of pinniped. The species of
marine mammals expected to be most common in the survey area (all
delphinids) include the short-beaked common (Delphinus delphis),
striped (Stenella coeruleoalba), and Fraser's (Lagenodelphis hosei)
dolphins, and Dall's porpoise (Phocoenoides dalli).
NMFS has presented a more detailed discussion of the status of
these stocks and their occurrence in the northwestern Pacific Ocean in
the notice of the proposed IHA (77 FR 4765, January 31, 2012).
Potential Effects on Marine Mammals
Acoustic stimuli generated by the operation of the airguns, which
introduce sound into the marine environment, may have the potential to
cause Level B harassment of marine mammals in the survey area. The
effects of sounds from airgun operations might include one or more of
the following: Tolerance, masking of natural sounds, behavioral
disturbance, temporary or permanent impairment, or non-auditory
physical or physiological effects (Richardson et al., 1995; Gordon et
al., 2004; Nowacek et al., 2007; Southall et al., 2007).
Permanent hearing impairment, in the unlikely event that it
occurred, would constitute injury, but temporary threshold shift (TTS)
is not an injury (Southall et al., 2007). Although the possibility
cannot be entirely excluded, it is unlikely that the project would
result in any cases of temporary or permanent hearing impairment, or
any significant non-auditory physical or physiological effects. Based
on the available data and studies described here, some behavioral
disturbance is expected, but NMFS expects the disturbance to be
localized and short-term.
The notice of the proposed IHA (77 FR 4765, January 31, 2012)
included a discussion of the effects of sounds from airguns on
mysticetes and odontocetes including tolerance, masking, behavioral
disturbance, hearing impairment, and other non-auditory physical
effects. NMFS refers the reader to L-DEO's application and
environmental analysis and NMFS' EA for additional information on the
behavioral reactions (or lack thereof) by all types of marine mammals
to seismic vessels.
Anticipated Effects on Marine Mammal Habitat
NMFS included a detailed discussion of the potential effects of
this action on marine mammal habitat, including physiological and
behavioral effects on marine fish and invertebrates in the notice of
the proposed IHA (77 FR 4765, January 31, 2012). While NMFS anticipates
that the specified activity may result in marine mammals avoiding
certain areas due to temporary ensonification, this impact to habitat
is temporary and reversible which NMFS considered in further detail in
the notice of the proposed IHA (77 FR 4765, January 31, 2012) as
behavioral modification. The main impact associated with the activity
would be temporarily elevated noise levels and the associated direct
effects on marine mammals.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
L-DEO has based the mitigation measures described herein, to be
implemented for the proposed seismic survey, on the following:
(1) Protocols used during previous L-DEO seismic research cruises
as approved by NMFS;
(2) Previous IHA applications and IHAs approved and authorized by
NMFS; and
(3) Recommended best practices in Richardson et al. (1995), Pierson
et al. (1998), and Weir and Dolman, (2007).
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, L-DEO and/or its designees would
implement the following mitigation measures for marine mammals:
(1) Proposed exclusion zones (EZ);
(2) Power-down procedures;
(3) Shutdown procedures; and
(4) Ramp-up procedures.
Exclusion Zones--L-DEO uses safety radii to designate EZs and to
estimate take for marine mammals. The 180-dB and 190-dB level shut-down
criteria are applicable to cetaceans and pinnipeds, respectively, as
specified by NMFS (2000); and L-DEO used these levels to establish the
EZs. If the PSVO detects marine mammal(s) within or about to enter the
appropriate EZ, the Langseth crew will immediately power-down the
airgun array, or perform a shut down if necessary (see Shut-down
Procedures). Table 1 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 in deep water.
Table 1--Measured (Array) or Predicted (Single Airgun) Distances to Which Sound Levels Greater Than or Equal to
160 and 180 dB re: 1 [mu]Parms That Could be Received in Deep Water Using a 36-Airgun Array, as Well as a Single
Airgun Towed at a Depth of 9 m (29.5 ft) During the Proposed Survey in the Northwest Pacific Ocean, During March-
May, 2012.
[Distances are based on model results provided by L-DEO.]
----------------------------------------------------------------------------------------------------------------
Predicted RMS distances (m)
Source and volume Water depth -----------------------------------------------
160 dB 180 dB 190 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun.................... Deep (> 1,000 m)........ 385 40 12
[[Page 25699]]
36-Airgun Array....................... Deep (> 1,000 m)........ 3,850 940 400
----------------------------------------------------------------------------------------------------------------
Power-down Procedures--A power-down involves decreasing the number
of airguns in use such that the radius of the 180-dB (or 190-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 (40 cubic
inches (in\3\)). 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 shutdown occurs when the Langseth suspends all airgun
activity.
If the PSVO detects a marine mammal outside the EZ, which is likely
to enter the EZ, L-DEO will power-down the airguns before the animal
enters the EZ. Likewise, if a mammal is already within the EZ, when
first detected L-DEO will power-down the airguns immediately. During a
powerdown of the airgun array, L-DEO will operate the 40-in\3\ airgun.
If a marine mammal is detected within or near the smaller EZ around
that single airgun (Table 1), L-DEO will shut down the airgun (see next
section).
Following a power-down, L-DEO will not resume airgun activity until
the marine mammal has cleared the safety zone. L-DEO will consider the
animal to have cleared the EZ if:
A PSVO has visually observed the animal leave the EZ; or
A PSVO has not sighted the animal within the EZ for 15
minutes for species with shorter dive durations (i.e., small
odontocetes or pinnipeds), or 30 minutes for species with longer dive
durations (i.e., mysticetes and large odontocetes, including sperm,
pygmy sperm, dwarf sperm, and beaked whales); or
The vessel has moved outside the EZ (e.g., if a marine
mammal is sighted close to the vessel and the ship speed is 8.5 km/h
(5.3 mph), it would take the vessel approximately eight minutes to
leave the vicinity of the marine mammal).
During airgun operations following a power-down or shutdown whose
duration has exceeded the time limits specified previously, L-DEO will
ramp up the airgun array gradually (see Shutdown and Ramp-up
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 subarrays begin operating after a specified period without
airgun operations or when a power-down has exceeded that period. L-DEO
estimates that, for the present cruise, this period will be
approximately 8 minutes. This period is based on the 180-dB radius (940
m; 3,083 ft) for the 36-airgun array towed at a depth of 9 m (29.5 ft)
in relation to the minimum planned speed of the Langseth while shooting
(8.5 km/h; 5.3 mph; 4.6 kts). L-DEO has used similar periods (8-10 min)
during previous L-DEO surveys. L-DEO will not resume operations if a
marine mammal has not cleared the EZ as described earlier.
Ramp-up will begin with the smallest airgun in the array (40-
in\3\). Airguns will be added in a sequence such that the source level
of the array will increase in steps not exceeding six dB per 5-minute
period over a total duration of approximately 30 minutes. During ramp-
up, the PSVOs will monitor the EZ, and if he/she sights a marine
mammal, L-DEO will implement a power-down or shut down as though the
full airgun array were operational.
If the complete EZ is not visible to the PSVO for at least 30
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
L-DEO will not ramp up the airgun array from a complete shut-down at
night or in thick fog, because the outer part of the EZ for that array
will not be visible during those conditions. If one airgun has operated
during a power-down period, ramp-up to full power will be permissible
at night or in poor visibility, on the assumption that marine mammals
will be alerted to the approaching seismic vessel by the sounds from
the single airgun and could move away. L-DEO will not initiate a ramp-
up of the airguns if a marine mammal is sighted within or near the
applicable EZs during the day or close to the vessel at night.
NMFS has carefully evaluated the applicant's proposed mitigation
measures and has considered a range of other measures in the context of
ensuring that NMFS prescribed the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. NMFS' 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
[[Page 25700]]
(3) The practicability of the measure for applicant implementation.
Based on NMFS' evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS or recommended by the public,
NMFS has determined that the mitigation measures provide the means of
effecting the least practicable adverse impacts on marine mammal
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.
Monitoring
L-DEO will conduct marine mammal monitoring during the present
project, in order to implement the mitigation measures that require
real-time monitoring, and to satisfy the monitoring requirements of the
IHA. L-DEO's Monitoring Plan is described below this section. L-DEO
understands that this monitoring plan will be subject to review by
NMFS, and that refinements may be required. L-DEO has planned the
monitoring work as a self-contained project independent of any other
related monitoring projects that may be occurring simultaneously in the
same regions. L-DEO is prepared to discuss coordination of its
monitoring program with any related work that might be done by other
groups insofar as this is practical and desirable.
Vessel-Based Visual Monitoring
L-DEO will position PSVOs aboard the seismic source vessel to watch
for marine mammals near the vessel during daytime airgun operations and
during any start-ups at night. PSVOs will also watch for marine mammals
near the seismic vessel for at least 30 minutes prior to the start of
airgun operations after an extended shut down (i.e., greater than
approximately eight minutes for this proposed cruise). When feasible,
the PSVOs will conduct observations during daytime periods when the
seismic system is not operating for comparison of sighting rates and
behavior with and without airgun operations and between acquisition
periods. Based on PSVO observations, the Langseth will power-down or
shut down the airguns when marine mammals are observed within or about
to enter a designated EZ. The EZ is a region in which a possibility
exists of adverse effects on animal hearing or other physical effects.
During seismic operations on the Shatsky Rise, at least four
protected species observers (PSO) (i.e., either a PSVO and/or a
protected species acoustic observer (PSAO)) will be based aboard the
Langseth. L-DEO will appoint the PSOs with NMFS' concurrence. The PSOs
will conduct observations during ongoing daytime operations and
nighttime ramp-ups of the airgun array. During the majority of seismic
operations, two PSVOs will be on duty from the observation tower to
monitor marine mammals near the seismic vessel. Use of two simultaneous
PSVOs will increase the effectiveness of detecting animals near the
source vessel. However, during mealtimes and bathroom breaks, it is
sometimes difficult to have two PSVOs on effort, but at least one PSVO
will be on watch during bathroom breaks and mealtimes. PSVOs will be on
duty in shifts of no longer than four hours in duration.
Two PSVOs will also be on visual watch during all nighttime ramp-
ups of the seismic airguns. A third PSAO 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, and a third PSAO on PAM.
Other crew will also be instructed to assist in detecting marine
mammals and implementing mitigation requirements (if practical). Before
the start of the seismic survey, the crew will be given additional
instruction on how to do so.
The Langseth is a suitable platform for marine mammal observations.
When stationed on the observation platform, the eye level will be
approximately 21.5 m (70.5 ft) above sea level, and the observer will
have a good view around the entire vessel. During daytime, the PSVOs
will scan the area around the vessel systematically with reticle
binoculars (e.g., 7 x 50 Fujinon), Big-eye binoculars (25 x 150), and
with the naked eye. During darkness, night vision devices (NVDs) will
be available (ITT F500 Series Generation 3 binocular-image intensifier
or equivalent), when required. Laser range-finding binoculars (Leica
LRF 1200 laser rangefinder or equivalent) will be available to assist
with distance estimation. Those are useful in training observers to
estimate distances visually, but are generally not useful in measuring
distances to animals directly; that is done primarily with the reticles
in the binoculars.
When the PSVOs observe marine mammals within or about to enter the
designated EZ, the Langseth will immediately power-down or shut-down
the airguns if necessary. The PSVO(s) will continue to maintain watch
to determine when the animal(s) are outside the EZ by visual
confirmation. Airgun operations will not resume until the animal is
confirmed to have left the EZ, or if not observed after 15 minutes for
species with shorter dive durations (small odontocetes and pinnipeds)
or 30 minutes for species with longer dive durations (mysticetes and
large odontocetes, including sperm, pygmy sperm, dwarf sperm, killer,
and beaked whales).
Passive Acoustic Monitoring
Passive Acoustic Monitoring (PAM) will complement the visual
monitoring program, when practicable. Visual monitoring typically is
not effective during periods of poor visibility or at night, and even
with good visibility, is unable to detect marine mammals when they are
below the surface or beyond visual range. Acoustical monitoring can be
used in conjunction with 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. The PSAO will monitor the system in real time so that
he/she can advise the PSVO when cetaceans are detected. When bearings
(primary and mirror-image) to calling cetacean(s) are determined, the
bearings will be relayed to the visual observer to help him/her sight
the calling animal(s).
The PAM system consists of hardware (i.e., hydrophones) and
software. The ``wet end'' of the system consists of a towed hydrophone
array that is connected to the vessel by a tow cable. The tow cable is
250 m (820.2 ft) long, and the hydrophones are fitted in the last 10 m
(32.8 ft) of cable. A depth gauge is attached to the free end of the
cable, and the cable is typically towed at depths less than 20 m (65.6
ft). L-DEO will deploy the array from a winch located on the back deck.
A deck cable will connect the tow cable to the electronics unit in the
main computer lab where the acoustic station, signal
[[Page 25701]]
conditioning, and processing system will be located. The acoustic
signals received by the hydrophones are amplified, digitized, and then
processed by the Pamguard software. The system can detect marine mammal
vocalizations at frequencies up to 250 kilohertz.
One PSAO, an expert bioacoustician with primary responsibility for
PAM, will be aboard the Langseth in addition to the four PSVOs. The
PSAO will monitor the towed hydrophones 24 hours per day during airgun
operations and during most periods when the Langseth is underway while
the airguns are not operating. However, PAM may not be possible if
damage occurs to both the primary and back-up hydrophone arrays during
operations. The primary PAM streamer on the Langseth is a digital
hydrophone streamer. Should the digital streamer fail, back-up systems
should include an analog spare streamer and a hull-mounted hydrophone.
One PSAO will monitor the acoustic detection system 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. The PSAO monitoring the acoustical data will be
on shift for one to six hours at a time. The other PSVOs are expected
to rotate through the PAM position, although the expert PSAO will be on
PAM duty more frequently.
When a vocalization is detected while visual observations are in
progress, the PSAO on duty will contact the PSVO immediately, to alert
him/her to the presence of cetaceans (if they have not already been
seen), and to allow a power-down or shut down to be initiated, if
required. The information regarding the call will be entered into a
database. Data entry will include an acoustic encounter identification
number, whether it was linked with a visual sighting, date, time when
first and last heard and whenever any additional information was
recorded, position and water depth when first detected, bearing if
determinable, species or species group (e.g., unidentified dolphin,
sperm whale), types and nature of sounds heard (e.g., clicks,
continuous, sporadic, whistles, creaks, burst pulses, strength of
signal, etc.), and any other notable information. The acoustic
detection can also be recorded for further analysis.
PSVO Data and Documentation
PSVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document apparent
disturbance reactions or lack thereof. Data will be used to estimate
numbers of animals potentially `taken' by harassment (as defined in the
MMPA). They will also provide information needed to order a power-down
or shut-down of the airguns when a marine mammal is within or near the
EZ.
When a sighting is made, the following information about the
sighting will be recorded:
1. Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc.), and behavioral pace.
2. Time, location, heading, speed, activity of the vessel, sea
state, visibility, and sun glare.
The data listed under (2) will also be recorded at the start and
end of each observation watch, and during a watch whenever there is a
change in one or more of the variables.
All observations and power-downs or shut-downs will be recorded in
a standardized format. Data will be entered into an electronic
database. The accuracy of the data entry will be verified by
computerized data validity checks as the data are entered and by
subsequent manual checking of the database. These procedures will allow
initial summaries of data to be prepared during and shortly after the
field program, and will facilitate transfer of the data to statistical,
graphical, and other programs for further processing and archiving.
Results from the vessel-based observations will provide:
1. The basis for real-time mitigation (airgun power-down or shut-
down).
2. Information needed to estimate the number of marine mammals
potentially taken by harassment, which must be reported to NMFS.
3. Data on the occurrence, distribution, and activities of marine
mammals and turtles in the area where the seismic study is conducted.
4. Information to compare the distance and distribution of marine
mammals and turtles relative to the source vessel at times with and
without seismic activity.
5. Data on the behavior and movement patterns of marine mammals
seen at times with and without seismic activity.
Reporting
L-DEO will submit a report to NMFS and NSF within 90 days after the
end of the cruise. The report will describe the operations that were
conducted and sightings of marine mammals and turtles near the
operations. The report will provide full documentation of methods,
results, and interpretation pertaining to all monitoring. The 90-day
report will summarize the dates and locations of seismic operations,
and all marine mammal sightings (dates, times, locations, activities,
associated seismic survey activities). The report will also include
estimates of the number and nature of exposures that could result in
``takes'' of marine mammals by harassment or in other ways.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), L-DEO shall
immediately cease the specified activities and immediately report the
incident to the Acting Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at 301-427-8401 and/or by email to
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and the NMFS Pacific
Islands Regional Stranding Coordinator at 808-944-2269
(David.Schofield@noaa.gov). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with L-DEO to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. L-DEO may not resume their
activities until notified by NMFS via letter, email, or telephone.
In the event that L-DEO discovers an injured or dead marine mammal,
and the lead PSVO determines that the cause of the injury or death is
unknown and the death is relatively recent (i.e., in less than a
moderate state of decomposition
[[Page 25702]]
as described in the next paragraph), L-DEO will immediately report the
incident to the Acting Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at 301-427-8401 and/or by email to
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and the NMFS Pacific
Islands Regional Stranding Coordinator at 808-944-2269
(David.Schofield@noaa.gov). The report must include the same
information identified in the paragraph above this section. Activities
may continue while NMFS reviews the circumstances of the incident. NMFS
will work with L-DEO to determine whether modifications in the
activities are appropriate.
In the event that L-DEO discovers an injured or dead marine mammal,
and the lead PSVO determines that the injury or death is not associated
with or related to the activities authorized in the IHA (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), L-DEO will report the incident to
the Acting Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401 and/or by email to
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and the NMFS Pacific
Islands Regional Stranding Coordinator at 808-944-2269
(David.Schofield@noaa.gov), within 24 hours of the discovery. L-DEO
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
NMFS anticipates and authorizes take by Level B harassment only as
a result of the marine geophysical survey in the northwestern Pacific
Ocean. Acoustic stimuli (i.e., increased underwater sound) generated
during the operation of the seismic airgun array may have the potential
to cause marine mammals in the survey area to be exposed to sounds at
or greater than 160 dB or cause temporary, short-term changes in
behavior. There is no evidence that the planned activities could result
in injury, serious injury or mortality within the specified geographic
area for which L-DEO seeks the IHA. The required mitigation and
monitoring measures will minimize any potential risk for injury,
serious injury, or mortality.
The following sections describe L-DEO's methods to estimate take by
incidental harassment and present the applicant's estimates of the
numbers of marine mammals that could be affected during the proposed
seismic program. The 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
1,216 km (755.6 mi) of survey lines on the Shatsky Rise in the
northwestern Pacific Ocean.
L-DEO assumes that, during simultaneous operations of the airgun
array and the other sources, any marine mammals close enough to be
affected by the MBES and SBP would already be affected by the airguns.
However, whether or not the airguns are operating simultaneously with
the other sources, marine mammals are expected to exhibit no more than
short-term and inconsequential responses to the MBES and SBP given
their characteristics (e.g., narrow downward-directed beam) and other
considerations described previously. Such reactions are not considered
to constitute ``taking'' (NMFS, 2001). Therefore, L-DEO provides no
additional allowance for animals that could be affected by sound
sources other than airguns.
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 proposed survey area, data from the western North Pacific right
whale are not available (see Table 3 in L-DEO's application). L-DEO is
not aware of any density estimates for three of those species--Hubb's
(Mesoplodon carlhubbsi), Stejneger's (Mesoplodon stejnegeri), and
gingko-toothed beaked whales (Mesoplodon ginkgodens). For the remaining
13 species out of the 16, (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' 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[ordm]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 proposed 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
[[Page 25703]]
Japanese Whale Research Program under Special Permit (JARPN/JARPN II).
For example, The available densities in Miyashita (1993a) and Buckland
et al. (1993) are from the 1980s; although these densities represent
the best available information for the Shatsky Rise area at present,
they will be biased if abundance or distributions of those species have
changed since the data were collected. Therefore, there is uncertainty
with respect to the expected marine mammal densities during this time.
However, the approach used here is based on the best available data.
The estimated numbers of individuals potentially exposed are based
on the 160-dB re: 1 [mu]Pa 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 proposed surveys will be completed; in fact, the ensonified areas
calculated using the planned number of line-kilometers have been
increased by 25 percent to accommodate turns, lines that may need to be
repeated, equipment testing, etc. As is typical during 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 zone will result in
the shutdown of seismic operations as a mitigation measure. Thus, the
following estimates of the numbers of marine mammals potentially
exposed to 160-dB re: 1 [mu]Pa sounds are precautionary, and probably
overestimate the actual numbers of marine mammals that might be
involved. These estimates assume that there will be no weather,
equipment, or mitigation delays, which is highly unlikely.
L-DEO estimated the number of different individuals that may be
exposed to airgun sounds with received levels greater than or equal to
160 dB re: 1 [mu]Pa on one or more occasions by considering the total
marine area that would be within the 160-dB radius around the operating
airgun array on at least one occasion and the expected density of
marine mammals. The number of possible exposures (including repeated
exposures of the same individuals) can be estimated by considering the
total marine area that would be within the 160-dB radius around the
operating airguns, including areas of overlap. In the proposed survey,
the majority of seismic lines are widely spaced in the survey area, so
few individual mammals would be exposed numerous times during the
survey. The area including overlap is only 1.01 times the area
excluding overlap, so a marine mammal that stayed in the survey area
during the entire survey could be exposed only once. However, 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 was calculated by
multiplying:
(1) The expected species density, times;
(2) The anticipated area to be ensonified to that level during
airgun operations excluding overlap, which is approximately 10,971
square kilometers (km\2\) (4,235.9 square miles (mi\2\)).
The area expected to be ensonified was determined by entering the
planned survey lines into a MapInfo GIS, using the GIS to identify the
relevant areas by ``drawing'' the applicable 160-dB buffer (see Table 1
in this document) around each seismic line, and then calculating the
total area within the buffers. Areas of overlap were included only once
when estimating the number of individuals exposed. Applying this
approach, approximately 9,229 km\2\ (3,563 mi\2\) (11,536 km\2\; 4, 454
mi\2\ including the 25 percent contingency) would be within the 160-dB
isopleth on one or more occasions during the survey. Because this
approach does not allow for turnover in the mammal populations in the
study area during the course of the survey, the actual number of
individuals exposed could be underestimated. However, the approach
assumes that no cetaceans will move away from or toward the trackline
as the Langseth approaches in response to increasing sound levels prior
to the time the levels reach 160-dB, which will result in overestimates
for those species known to avoid seismic vessels.
The total estimate of the number of individual cetaceans that could
be exposed to seismic sounds with received levels greater than or equal
to 160 dB re: 1 [mu]Pa during the survey is 7,375 (see Table 2). That
total includes 74 baleen whales, 39 of which are endangered: 5 humpback
whales or 0.53% of the regional population, 21 sei whales (0.21%), 9
fin whales (0.05%), and 4 blue whales (0.13%). In addition, 12 sperm
whales (also listed as endangered under the ESA) or 0.04% of the
regional population could be exposed during the survey, and 108 beaked
whales including Cuvier's, Longman's, Baird's, and Blainville's beaked
whales. Most (96 percent) 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, with estimates of 3,569 (0.12% of the regional
population), 1,374 (0.24%), 812 (0.19%), and 420 (0.04%) exposed to
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 in the Northwestern Pacific
Ocean During March Through May, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated number of
Species individuals exposed to sound Requested or adjusted take Approximate percent of
levels >=160 dB re: 1 FPa\1\ authorization regional population \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Pacific right whale..................................... 0 \2\ 2 0.23
Humpback whale................................................ 5 5 0.53
Minke whale................................................... 29 29 0.12
Bryde's whale................................................. 6 6 0.03
Sei whale..................................................... 21 21 0.21
Fin whale..................................................... 9 9 0.05
Blue whale.................................................... 4 4 0.13
Sperm whale................................................... 12 12 0.04
Pygmy sperm whale............................................. 37 37 N.A.
Dwarf sperm whale............................................. 90 90 <0.01
Cuvier's beaked whale......................................... 78 78 0.39
Baird's beaked whale.......................................... 10 10 N.A.
Longman's beaked whale........................................ 5 \3\ 18 N.A.
[[Page 25704]]
Blainville's beaked whale..................................... 15 15 0.06
Rough-toothed dolphin......................................... 36 36 0.02
Bottlenose dolphin............................................ 277 277 0.16
Pantropical spotted dolphin................................... 812 812 0.19
Spinner dolphin............................................... 10 \2\ 32 <0.01
Striped dolphin............................................... 1374 1374 0.24
Fraser's dolphin.............................................. 53 \2\ 286 0.02
Short-beaked common dolphin................................... 3569 3569 0.12
Pacific white-sided dolphin................................... 420 420 0.04
Northern right whale dolphin.................................. 5 5 <0.01
Risso's dolphin............................................... 125 125 0.01
Melon-headed whale............................................ 15 \2\ 89 0.03
False killer whale............................................ 24 24 0.15
Killer whale.................................................. 2 73 0.02
Short-finned pilot whale...................................... 58 \2\ 65 0.11
Dall's porpoise............................................... 253 253 0.02
Northern fur seal............................................. 21 21 <0.01
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Estimates are based on densities in Table 3 of L-DEO's application and an ensonified area (including 25% contingency 11,536 km\2\).
\2\ Requested Take Authorization increased to mean group size from density sources in Table 3 of L-DEO's application.
\3\ Regional population size estimates are from Table 4 of L-DEO's application; NA means not available.
Encouraging and Coordinating Research
L-DEO and NSF will coordinate the planned marine mammal monitoring
program associated with the seismic survey in the northwestern Pacific
Ocean with other parties that may have interest in the area and/or be
conducting marine mammal studies in the same region during the seismic
survey.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' as ``...an impact resulting
from the specified activity that cannot be reasonably expected to, and
is not reasonably likely to, adversely affect the species or stock
through effects on annual rates of recruitment or survival.'' In making
a negligible impact determination, NMFS considers:
(1) The number of anticipated injuries, serious injuries, or
mortalities;
(2) The number, nature, and intensity, and duration of Level B
harassment (all relatively limited); and
(3) The context in which the takes occur (i.e., impacts to areas of
significance, impacts to local populations, and cumulative impacts when
taking into account successive/contemporaneous actions when added to
baseline data);
(4) The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
(5) Impacts on habitat affecting rates of recruitment/survival; and
(6) The effectiveness of monitoring and mitigation measures.
For reasons stated previously in this document, the specified
activities associated with the marine seismic survey are not likely to
cause permanent threshold shift (PTS), or other non-auditory injury,
serious injury, or death 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 potential for temporary or permanent hearing impairment is
relatively low and would likely be avoided through the incorporation of
the required monitoring and mitigation measures (described previously
in this document);
(3) The fact that cetaceans would have to be closer than 940 m
(3,084 ft) in deep water when the 36-airgun array is in use at 9 m
(29.5 ft) tow depth, and 40 m (131.2 ft) in deep water when the single
airgun is in use at 9 m from the vessel to be exposed to levels of
sound believed to have even a minimal chance of causing PTS; and
(4) The likelihood that marine mammal detection ability by trained
PSVOs is high at close proximity to the vessel.
No injuries, serious injuries, or mortalities are anticipated to
occur as a result of the L-DEO's marine seismic survey, and none are
authorized by NMFS. NMFS anticipates that only short-term behavioral
disturbance would occur due to the brief duration of the survey
activities. Table 2 of this document outlines the number of requested
Level B harassment takes that are anticipated as a result of these
activities. Due to the nature, degree, and context of Level B
(behavioral) harassment anticipated and described (see ``Potential
Effects on Marine Mammals'' section in this notice), the activity is
not expected to impact rates of recruitment or survival for any
affected species or stock. Additionally, the seismic survey will not
adversely impact marine mammal habitat.
Many animals perform vital functions, such as feeding, resting,
traveling, and socializing, on a diel cycle (i.e., 24 hour cycle).
Behavioral reactions to noise exposure (such as disruption of critical
life functions, displacement, or avoidance of important habitat) are
more likely to be significant if they last more than one diel cycle or
recur on subsequent days (Southall et al., 2007). While seismic
operations are anticipated to occur on consecutive days, the entire
duration of the survey is not expected to last more than approximately
23 days (i.e., 7 days of seismic operations, 16 days of transit) and
the Langseth will be continuously moving along planned tracklines that
are geographically spread-out. Therefore, the seismic survey will be
increasing sound levels in the marine environment in a relatively small
area surrounding the vessel, which is constantly travelling over far
distances,
[[Page 25705]]
for a relatively short time period (i.e., one week) in the study area.
Of the 34 marine mammal species under NMFS' jurisdiction that are
known to occur or likely to occur in the study area, six of these
species are listed as endangered under the ESA: The blue, fin,
humpback, north Pacific right, sei, and sperm whales. These species are
also categorized as depleted under the MMPA. L-DEO has requested
authorized take for the six listed species. To protect these animals
(and other marine mammals in the study area), L-DEO must cease or
reduce airgun operations if animals enter designated zones. No injury,
serious injury, or mortality is expected to occur, and due to the
nature, degree, and context of the Level B harassment anticipated, the
activity is not expected to impact rates of recruitment or survival.
Further, the activity would not take place in areas of significance for
marine mammal feeding, resting, breeding, or calving.
As mentioned previously, NMFS estimates that 30 species of marine
mammals under its jurisdiction could be potentially affected by Level B
harassment over the course of the IHA. As stated previously, L-DEO did
not request and NMFS did not authorize take of four species: Pygmy
killer whale or ginkgo-toothed, Stejneger's, or Hubb's beaked whales;
because of the low likelihood of encountering these species during the
cruise.
For each species, these numbers are small (each, less than one
percent) relative to the regional population size. NMFS provided the
population estimates for the marine mammal species that may be taken by
Level B harassment in Table 2 of this document.
NMFS' practice has been to apply the 160 dB re: 1 [micro]Pa
received level threshold for underwater impulse sound levels to
determine whether take by Level B harassment occurs. Southall et al.
(2007) provides a severity scale for ranking observed behavioral
responses of both free-ranging marine mammals and laboratory subjects
to various types of anthropogenic sound (see Table 4 in Southall et al.
[2007]).
NMFS has determined, provided that the aforementioned mitigation
and monitoring measures are implemented, that the impact of conducting
a marine seismic survey on the Shatsky Rise in the northwestern Pacific
Ocean, March to May, 2012, 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.
See Table 2 in this document for the requested authorized take numbers
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 and the short 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 harassment only, and that the total taking from the marine
seismic survey will have a negligible impact on the affected species or
stocks of marine mammals; and that impacts to affected species or
stocks of marine mammals have been mitigated to the lowest level
practicable.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) of the MMPA also requires NMFS to determine
that the authorization will not have an unmitigable adverse effect on
the availability of marine mammal species or stocks for subsistence
use. There are no relevant subsistence uses of marine mammals in the
study area (Shatsky Rise, northwestern Pacific Ocean) that implicate
MMPA section 101(a)(5)(D).
Endangered Species Act
Of the species of marine mammals that may occur in the proposed
survey area, several are listed as endangered under the ESA, including
the blue, fin, humpback, north Pacific right, sei, and sperm whales. L-
DEO did not request take of endangered western north Pacific gray
whales because of the low likelihood of encountering these species
during the cruise.
Under section 7 of the ESA, NSF has initiated formal consultation
with the NMFS', Office of Protected Resources, Endangered Species Act
Interagency Cooperation Division, on this proposed seismic survey.
NMFS' Office of Protected Resources, Permits and Conservation Division,
also initiated formal consultation under section 7 of the ESA with
NMFS' Office of Protected Resources, Endangered Species Act Interagency
Cooperation Division, to obtain a Biological Opinion (BiOp) evaluating
the effects of issuing an IHA for threatened and endangered marine
mammals and, if appropriate, authorizing incidental take. In March,
2012, NMFS issued a BiOp and concluded that the action and issuance of
the IHA are not likely to jeopardize the continued existence of blue,
fin, humpback, north Pacific right, sei, and sperm whales. The BiOp
also concluded that designated critical habitat for these species would
not be affected by the survey. NSF and L-DEO must comply with the
Relevant Terms and Conditions of the Incidental Take Statement (ITS)
corresponding to NMFS' BiOp issued to NSF, L-DEO, and NMFS' Office of
Protected Resources. L-DEO must also comply with the mitigation and
monitoring requirements included in the IHA in order to be exempt under
the ITS in the BiOp from the prohibition on take of listed endangered
marine mammal species otherwise prohibited by section 9 of the ESA.
National Environmental Policy Act (NEPA)
To meet NMFS' 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 in the Northwest Pacific Ocean, March through May,
2012.'' This EA incorporated the NSF's Environmental Analysis Pursuant
To Executive Order 12114 (NSF, 2010) and an associated report (Report)
prepared by LGL Limited Environmental Research Associates (LGL) for
NSF, titled, ``Environmental Assessment of a Marine Geophysical Survey
by the R/V Marcus G. Langseth in the Northwest Pacific Ocean, March-
April, 2012,'' by reference pursuant to 40 CFR 1502.21 and NOAA
Administrative Order (NAO) 216-6 Sec. 5.09(d). NMFS provided relevant
environmental information to the public through the notice for the
proposed IHA (77 FR 4765, January 31, 2012) and has considered public
comments received in response prior to finalizing its EA and deciding
whether or not to issue a Finding of No Significant Impact (FONSI).
NMFS has concluded that issuance of an IHA would not significantly
affect the quality of the human environment and has issued a FONSI.
Because the NMFS has made a FONSI, it is not necessary to prepare an
environmental impact statement for the issuance of an
[[Page 25706]]
IHA to L-DEO for this activity. The EA and FONSI for this activity are
available upon request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an IHA to L-
DEO for the take of small numbers of marine mammals, by Level B
harassment incidental to conducting a marine geophysical survey in the
northwest Pacific Ocean, March through May, 2012, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: April 25, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-10495 Filed 4-30-12; 8:45 am]
BILLING CODE 3510-22-P