[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75356-75386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30333]
[[Page 75355]]
Vol. 80
Tuesday,
No. 230
December 1, 2015
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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Takes of Marine Mammals Incidental to Specified Activities; Marine
Geophysical Survey in the South Atlantic Ocean, January to March 2016;
System of Records; Notice
Federal Register / Vol. 80 , No. 230 / Tuesday, December 1, 2015 /
Notices
[[Page 75356]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE291
Takes of Marine Mammals Incidental to Specified Activities;
Marine Geophysical Survey in the South Atlantic Ocean, January to March
2016
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
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SUMMARY: NMFS has received an application from the Lamont-Doherty Earth
Observatory (Lamont-Doherty) in collaboration with the National Science
Foundation (NSF), for an Incidental Harassment Authorization
(Authorization) to take marine mammals, by harassment only, incidental
to conducting a marine geophysical (seismic) survey in the South
Atlantic Ocean, January through March 2016. The proposed dates for this
action would be early January 2016 through March 31, 2016, to account
for minor deviations due to logistics and weather. Per the Marine
Mammal Protection Act, we are requesting comments on our proposal to
issue an Authorization to Lamont-Doherty to incidentally take, by Level
B harassment, 38 species of marine mammals during the specified
activity and to incidentally take, by Level A harassment, 16 species of
marine mammals. Although considered unlikely, any Level A harassment
potentially incurred would be expected to be in the form of some
smaller degree of permanent hearing loss due in part to the required
monitoring measures for detecting marine mammals and required
mitigation measures for power downs or shut downs of the airgun array
if any animal is likely to enter the Level A exclusion zone. NMFS does
not expect mortality or complete deafness of marine mammals to result
from this survey.
DATES: NMFS must receive comments and information on or before December
31, 2015.
ADDRESSES: Address comments on the application to Jolie Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910. The mailbox address for providing email
comments is [email protected]. Please include 0648-XE291 in the subject
line. Comments sent via email to [email protected], including all
attachments, must not exceed a 25-megabyte file size. NMFS is not
responsible for email comments sent to addresses other than the one
provided here.
Instructions: All submitted comments are a part of the public
record, and NMFS will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
To obtain an electronic copy of Lamont-Doherty's application, NSF's
draft environmental analysis, NMFS' draft Environmental Assessment, and
a list of the references used in this document, write to the previously
mentioned address, telephone the contact listed here (see FOR FURTHER
INFORMATION CONTACT), or visit the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
Information in Lamont-Doherty's application, NSF's draft
environmental analysis, NMFS' draft Environmental Assessment and this
notice collectively provide the environmental information related to
the proposed issuance of the Authorization for public review and
comment.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972,
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of
Commerce to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals of a species or population
stock, by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if, after
NMFS provides a notice of a proposed authorization to the public for
review and comment: (1) NMFS makes certain findings; and (2) the taking
is limited to harassment.
An Authorization shall be granted for the incidental taking of
small numbers of marine mammals 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
also set forth the permissible methods of taking; other means of
effecting the least practicable adverse impact on the species or stock
and its habitat (i.e., mitigation); and requirements pertaining to the
monitoring and reporting of such taking. 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.''
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
On July 29, 2015, NMFS received an application from Lamont-Doherty
requesting that NMFS issue an Authorization for the take of marine
mammals, incidental to Texas A&M University and the University of Texas
conducting a seismic survey in the South Atlantic Ocean, January
through March 2016. Following the initial application submission,
Lamont-Doherty submitted a revised application with revised take
estimates. NMFS considered the revised application adequate and
complete on October 30, 2015.
Lamont-Doherty proposes to conduct a two-dimensional (2-D), seismic
survey on the R/V Marcus G. Langseth (Langseth), a vessel owned by NSF
and operated on its behalf by Columbia University's Lamont-Doherty in
international waters in the South Atlantic Ocean approximately 1,938
kilometers (km) (1,232 miles [mi]) southeast of the west coast of
Brazil for approximately 22 days. The following specific aspect of the
proposed activity has the potential to take marine mammals: Increased
underwater sound generated during the operation of the seismic airgun
array. We anticipate that take, by Level B harassment, of 38 species of
marine mammals could result from the specified activity. Although
unlikely, NMFS also anticipates that a small level of take by Level A
harassment of 16 species of marine
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mammals could occur during the proposed survey.
Description of the Specified Activity
Overview
Lamont-Doherty plans to use one source vessel, the Langseth, an
array of 36 airguns as the energy source, a receiving system of seven
ocean bottom seismometers (OBS), and a single 8-kilometer (km)
hydrophone streamer. In addition to the operations of the airguns,
Lamont-Doherty intends to operate a multibeam echosounder and a sub-
bottom profiler continuously throughout the proposed survey. However,
Lamont-Doherty will not operate the multibeam echosounder and sub-
bottom profiler during transits to and from the survey area and in
between transits to each of the five OBS tracklines (i.e., when the
airguns are not operating).
The purpose of the survey is to collect and analyze seismic
refraction data from the Mid-Atlantic Ridge westward to the Rio Grande
Rise to study the evolution of the South Atlantic Ocean crust on
million-year timescales and the evolution and stability of low-
spreading ridges over time. NMFS refers the public to Lamont-Doherty's
application (see page 3) for more detailed information on the proposed
research objectives.
Dates and Duration
Lamont-Doherty proposes to conduct the seismic survey for
approximately 42 days, which includes approximately 22 days of seismic
surveying with 10 days of OBS deployment and retrieval. The proposed
study (e.g., equipment testing, startup, line changes, repeat coverage
of any areas, and equipment recovery) would include approximately 528
hours of airgun operations (i.e., 22 days over 24 hours). Some minor
deviation from Lamont-Doherty's requested dates of January through
March 2016 is possible, depending on logistics, weather conditions, and
the need to repeat some lines if data quality is substandard. Thus, the
proposed Authorization, if issued, would be effective from early
January through March 31, 2016.
NMFS refers the reader to the Detailed Description of Activities
section later in this notice for more information on the scope of the
proposed activities.
Specified Geographic Region
Lamont-Doherty proposes to conduct the proposed seismic survey in
the South Atlantic Ocean, located approximately between 10-35[deg] W,
27-33[deg] S (see Figure 1). Water depths in the survey area range from
approximately 1,150 to 4,800 meters (m) (3,773 feet [ft] to 2.98 miles
[mi]).
Principal and Collaborating Investigators
The proposed survey's principal investigators are Drs. R. Reece and
R. Carlson (Texas A&M University) and Dr. G. Christeson (University of
Texas at Austin).
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Detailed Description of the Specified Activities
Transit Activities
The Langseth would depart and return from Montevideo, Uruguay, and
transit to the survey area. Some minor deviations with the transit
schedule and port locations are possible depending on logistics and
weather.
Vessel Specifications
The survey would involve one source vessel, the R/V Langseth. The
Langseth, owned by NSF and operated by Lamont-Doherty, is a seismic
research vessel with a quiet propulsion system that avoids interference
with the seismic signals emanating from the airgun array. The vessel is
71.5 m (235 ft) long; has a beam of 17.0 m (56 ft); a maximum draft of
5.9 m (19 ft); and a gross tonnage of 3,834 pounds. It has two 3,550
horsepower (hp) Bergen BRG-6 diesel engines that drive two propellers.
Each propeller has four blades and the shaft typically rotates at 750
revolutions per minute. The vessel also has an 800-hp bowthruster,
which is off during seismic acquisition.
The Langseth's speed during seismic operations would be
approximately 4.5 knots (kt) (8.3 km/hour [hr]; 5.1 miles per hour
[mph]). The vessel's cruising speed outside of seismic operations is
approximately 10 kt (18.5 km/hr; 11.5 mph). While the Langseth tows the
airgun array, its turning rate is limited to five degrees per minute.
Thus, the Langseth's maneuverability is limited during operations while
it tows the streamer.
The vessel also has an observation tower from which protected
species visual observers (observers) would watch for marine mammals
before and during the proposed seismic acquisition operations. When
stationed on the observation platform, the observer's eye level will be
approximately 21.5 m (71 ft) above sea level providing the observer an
unobstructed view around the entire vessel.
Data Acquisition Activities
The proposed survey would cover a total of approximately 3,263 km
(2,028 mi) of transect lines. The proposed survey is one continuous
transect line with transect lines that cross the main line at six
locations.
During the survey, the Langseth would deploy 36 airguns as an
energy source with a total volume of 6,600 cubic inches (in\3\). The
receiving system would consist of seven OBSs deployed at each
perpendicular trackline site and a single 8-km (5-mi) hydrophone
streamer. As the Langseth tows the airgun array along the survey lines,
the OBSs and hydrophone streamer would receive the returning acoustic
signals and transfer the data to the on-board processing system.
Seismic Airguns
The airguns are a mixture of Bolt 1500LL and Bolt 1900LLX airguns
ranging in size from 40 to 220 in\3\, with a firing pressure of 1,950
pounds per square inch. The dominant frequency components range from
zero to 188 Hertz (Hz).
During the survey, Lamont-Doherty would plan to use the full array
with most of the airguns in inactive mode. The Langseth would tow the
array at a depth of 9 m (29.5 ft) resulting in a shot interval of
approximately 65 seconds (s) (approximately 150 m; 492 ft) for the leg
with the OBS lines and a shot interval of approximately 22 s
(approximately 50 m; 164 ft) for the multichannel seismic survey lines
with the hydrophone streamer. During acquisition the airguns will emit
a brief (approximately 0.1 s) pulse of sound. During the intervening
periods of operations, the airguns are silent.
Airguns function by venting high-pressure air into the water, which
creates an air bubble. The pressure signature of an individual airgun
consists of a sharp rise and then fall in pressure, followed by several
positive and negative pressure excursions caused by the oscillation of
the resulting air bubble. The oscillation of the air bubble transmits
sounds downward through the seafloor, and there is also a reduction in
the amount of sound transmitted in the near horizontal direction. The
airgun array also emits sounds that travel horizontally toward non-
target areas.
The nominal source levels of the airgun subarrays on the Langseth
range from 240 to 247 decibels (dB) re: 1
[mu]Pa(peak to peak). (We express sound pressure level as
the ratio of a measured sound pressure and a reference pressure level.
The commonly used unit for sound pressure is dB and the commonly used
reference pressure level in underwater acoustics is 1 microPascal
([mu]Pa)). Briefly, the effective source levels for horizontal
propagation are lower than source levels for downward propagation. We
refer the reader to Lamont-Doherty's Authorization application and
NSF's Environmental Analysis for additional information on downward and
horizontal sound propagation related to the airgun's source levels.
Additional Acoustic Data Acquisition Systems
Multibeam Echosounder: The Langseth will operate a Kongsberg EM 122
multibeam echosounder concurrently during airgun operations to map
characteristics of the ocean floor. However, as stated earlier, Lamont-
Doherty will not operate the multibeam echosounder during transits to
and from the survey areas (i.e., when the airguns are not operating).
The hull-mounted echosounder emits brief pulses of sound (also
called a ping) (10.5 to 13.0 kHz) in a fan-shaped beam that extends
downward and to the sides of the ship. The transmitting beamwidth is 1
or 2[deg] fore-aft and 150[deg] athwartship and the maximum source
level is 242 dB re: 1 [mu]Pa.
Each ping consists of eight (in water greater than 1,000 m; 3,280
ft) or four (in water less than 1,000 m; 3,280 ft) successive, fan-
shaped transmissions, from two to 15 milliseconds (ms) in duration and
each ensonifying a sector that extends 1[deg] fore-aft. Continuous wave
pulses increase from 2 to 15 ms long in water depths up to 2,600 m
(8,530 ft). The echosounder uses frequency-modulated chirp pulses up to
100-ms long in water greater than 2,600 m (8,530 ft). The successive
transmissions span an overall cross-track angular extent of about
150[deg], with 2-ms gaps between the pulses for successive sectors.
Sub-bottom Profiler: The Langseth will also operate a Knudsen Chirp
3260 sub-bottom profiler concurrently during airgun and echosounder
operations to provide information about the sedimentary features and
bottom topography. As with the case of the echosounder, Lamont-Doherty
will not operate the sub-bottom profiler during transits to and from
the survey areas (i.e., when the airguns are not operating).
The profiler is capable of reaching depths of 10,000 m (6.2 mi).
The dominant frequency component is 3.5 kHz and a hull-mounted
transducer on the vessel directs the beam downward in a 27[deg] cone.
The power output is 10 kilowatts (kW), but the actual maximum radiated
power is three kilowatts or 222 dB re: 1 [mu]Pa. The ping duration is
up to 64 ms with a pulse interval of one second, but a common mode of
operation is to broadcast five pulses at 1-s intervals followed by a 5-
s pause.
Ocean Bottom Seismometers: The Langseth would deploy a total of
seven OBS at a 10-km (6.2-mi) spacing interval at each crossline site
and would carry out operations in a west-to-east transit line. For each
OBS profile site, the
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Langseth crew would deploy seven OBSs on the sea floor, would survey
the line, and then would recover the source array and the OBSs before
moving to the next line.
Lamont-Doherty proposes to use one of two types of OBSs: The Woods
Hole Oceanographic Institute (WHOI) or the Scripps Institution of
Oceanography (SIO) OBS.
The WHOI D2 OBS is approximately 0.9 m (2.9 ft) high with a maximum
diameter of 50 centimeters (cm) (20 inches [in]). An anchor, made of a
rolled steel bar grate that measures approximately 2.5 by 30.5 by 38.1
cm (1 by 12 by 15 in) and weighs 23 kilograms (kg) (51 pounds [lbs])
would anchor the seismometer to the seafloor. The SIO L-Cheapo OBS is
approximately 0.9 m (2.9 ft) high with a maximum diameter of 97
centimeters (cm) (3.1 ft). The SIO anchors consist of 36-kg (79-lb)
iron gates and measure approximately 7 by 91 by 91.5 cm (3 by 36 by 36
inches).
After the Langseth completes the proposed seismic survey, an
acoustic signal would trigger the release of each seismometer from the
ocean floor. The Langseth's acoustic release transponder, located on
the vessel, communicates with the seismometer at a frequency of 9 to13
kilohertz (kHz). The maximum source level of the release signal is 242
dB re: 1 [mu]Pa with an 8-millisecond pulse length. The received signal
activates the seismometer's double burn-wire release assembly which
then releases the seismometer from the anchor. The seismometer then
floats to the ocean surface for retrieval by the Langseth. The steel
grate anchors from each of the seismometers would remain on the
seafloor.
The Langseth crew would deploy the seismometers one-by-one from the
stern of the vessel while onboard protected species observers will
alert them to the presence of marine mammals and recommend ceasing
deploying or recovering the seismometers to avoid potential
entanglement with marine mammal.
Hydrophone Streamer: Lamont-Doherty would deploy the single
hydrophone streamer for multichannel operations after concluding the
OBS operations. As the Langseth tows the airgun array along the survey
lines, the streamer transfers the data to the on-board processing
system.
Description of Marine Mammals in the Area of the Specified Activity
Table 1 in this notice provides the following: All marine mammal
species with possible or confirmed occurrence in the proposed activity
area; information on those species' regulatory status under the MMPA
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
abundance; local occurrence and range; and seasonality in the proposed
activity area. Based on the best available information, NMFS expects
that there may be a potential for certain cetacean and pinniped species
to occur within the survey area (i.e., potentially be taken) and have
included additional information for these species in Table 1 of this
notice. NMFS will carry forward analyses on the species listed in Table
1 later in this document.
Table 1--General Information on Marine Mammals That Could Potentially Occur in the Proposed Survey Areas Within
the South Atlantic Ocean
[January through March 2016]
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Species
Species Regulatory status 1 abundance Local occurrence Season \5\
2 \3\ and range \4\
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Antarctic minke whale MMPA-NC, ESA-NL.... \6\ 515,000 Uncommon, shelf, Winter.
(Balaenoptera bonaerensis). pelagic.
Blue whale (B. musculus)........ MMPA-D, ESA-EN..... \7\ 2,300 Rare, coastal, Winter.
slope, pelagic.
Bryde's whale (B. edeni)........ MMPA-NC, ESA-NL.... \8\ 43,633 Rare, coastal, Winter.
pelagic.
Common (dwarf) minke whale (B. MMPA-NC, ESA-NL.... \6\ 515,000 Uncommon, shelf, Winter.
acutorostrata). pelagic.
Fin whale (B. physalus)......... MMPA-D, ESA-EN..... \9\ 22,000 Uncommon, Coastal, Fall.
pelagic.
Humpback whale (Megaptera MMPA-D, ESA-EN..... \10\42,000 Uncommon, Coastal, Winter.
novaeangliae). shelf, pelagic.
Sei whale (B. borealis)......... MMPA-D, ESA-EN..... \11\ 10,000 Uncommon, Shelf Winter.
edges, pelagic.
Southern right whale (Eubalaena MMPA-D, ESA-EN..... \12\ 12,000 Uncommon, Coastal, Winter.
australis). shelf.
Sperm whale (Physeter MMPA-D, ESA-EN..... \13\ Uncommon, Slope, Winter.
macrocephalus). 355,000 pelagic.
Dwarf sperm whale (Kogia sima).. MMPA-NC, ESA-NL.... 3,785 Rare, Shelf, slope, Winter.
pelagic.
Pygmy sperm whale (K. breviceps) MMPA-NC, ESA-NL.... 3,785 Rare, Shelf, slope, Winter.
pelagic.
Cuvier's beaked whale (Ziphius MMPA-NC, ESA-NL.... \14\ Uncommon, Slope.... Winter.
cavirostris). 599,300
Andrew's beaked whale MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter.
(Mesoplodon bowdoini). 599,300
Arnoux's beaked whale (Berardius MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter.
arnuxii). 599,300
Blainville's beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, Slope, Winter.
densirostris). 599,300 pelagic.
Gervais' beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter.
europaeus). 599,300
Gray's beaked whale (M. grayi).. MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter.
599,300
Hector's beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter.
hectori). 599,300
Shepherd's beaked whale MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter.
(Tasmacetus shepherdi). 599,300
Strap-toothed beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter.
layardii). 599,300
True's beaked whale (M. mirus).. MMPA-NC, ESA-NL.... 7,092 Rare, pelagic...... Winter.
Southern bottlenose whale MMPA-NC, ESA-NL.... \14\ Rare, Coastal, Winter.
(Hyperoodon planifrons). 599,300 shelf, pelagic.
Bottlenose dolphin (Tursiops MMPA-NC, ESA-NL.... \15\ Uncommon, Coastal, Winter.
truncatus). 600,000 pelagic.
Rough-toothed dolphin (Steno MMPA-NC, ESA-NL.... 271 Uncommon, shelf, Winter.
bredanensis). pelagic.
Pantropical spotted dolphin MMPA-NC, ESA-NL.... 3,333 Uncommon, Coastal, Winter.
(Stenella attennuata). slope, pelagic.
Striped dolphin (S. MMPA-NC, ESA-NL.... 54,807 Rare, Pelagic...... Winter.
coeruleoalba).
Fraser's dolphin (Lagenodelphis MMPA-NC, ESA-NL.... \16\ Uncommon, Pelagic.. Winter.
hosei). 289,000
Spinner dolphin (Stenella MMPA-NC, ESA-NL.... \16\ Rare, Pelagic...... Winter.
longirostris). 1,200,000
Atlantic spotted dolphin (S. MMPA-NC, ESA-NL.... 44,715 Uncommon, Pelagic.. Winter.
frontalis).
[[Page 75360]]
Clymene dolphin (S. clymene).... MMPA-NC, ESA-NL.... 6,215 Rare, Pelagic...... Winter.
Risso's dolphin (Grampus MMPA-NC, ESA-NL.... 20,692 Uncommon, Pelagic.. Winter.
griseus).
Long-beaked common dolphin MMPA-NC, ESA-NL.... \17\ 20,000 Rare, Coastal...... Winter.
(Delphinus capensis).
Short-beaked common dolphin MMPA-NC, ESA-NL.... 173,486 Uncommon, Coastal, Winter.
(Delphinus delphis). shelf.
Southern right whale dolphin MMPA-NC, ESA-NL.... Unknown Uncommon, Coastal, Winter.
(Lissodelphis peronii). shelf.
Melon-headed whale MMPA-NC, ESA-NL.... \18\ 50,000 Uncommon, Coastal, Winter.
(Peponocephala electra). shelf, pelagic.
Pygmy killer whale (Feresa MMPA-NC, ESA-NL.... 3,585 Uncommon, Coastal, Winter.
attenuate). shelf, pelagic.
False killer whale (Pseudorca MMPA-NC, ESA-NL.... 442 Rare, Pelagic...... Winter.
crassidens).
Killer whale (Orcinus orca)..... MMPA-NC, ESA-NL.... \19\ 50,000 Uncommon, Coastal, Winter.
pelagic.
Long-finned pilot whale MMPA-NC, ESA-NL.... \14\ Uncommon, Pelagic.. Winter.
(Globicephala melas). 200,000
Short-finned pilot whale MMPA-NC, ESA-NL.... \14\ Uncommon, Pelagic.. Winter.
(Globicephala macrorhynchus). 200,000
Southern Elephant Seal (Mirounga MMPA-NC, ESA-NL.... \20\ Rare, Coastal...... Winter.
leonina). 650,000
Subantarctic fur seal MMPA-NC, ESA-NL.... \21\ Uncommon, Pelagic.. Winter.
(Arctocephalus tropicalis). 310,000
----------------------------------------------------------------------------------------------------------------
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ Except where noted abundance information obtained from NOAA Technical Memorandum NMFS-NE-231, U.S. Atlantic
and Gulf of Mexico Marine Mammal Stock Assessments-2014 (Waring et al., 2015) and the Draft 2015 U.S. Atlantic
and Gulf of Mexico Marine Mammal Stock Assessments (in review, 2015). NA = Not available.
\4\ Occurrence and range information available from the International Union for the Conservation of Nature
(IUCN).
\5\ NA= Not available due to limited information on that species' seasonal occurrence in the proposed area.
\6\ Best estimate from the International Whaling Commission's (IWC) estimate for the minke whale population
(Southern Hemisphere, 2004).
\7\ Best estimate from the IWC's estimate for the blue whale population (Southern Hemisphere, 1998).
\8\ Estimate from IUCN Web page for Bryde's whales. Southern Hemisphere: Southern Indian Ocean (13,854); western
South Pacific (16,585); and eastern South Pacific (13,194) (IWC, 1981).
\9\ Best estimate from the IWC's estimate for the fin whale population (East Greenland to Faroes, 2007).
\10\ Best estimate from the IWC's estimate for the humpback whale population (Southern Hemisphere, partial
coverage of Antarctic feeding grounds, 2007).
\11\ Estimate from the IUCN Web page for sei whales (IWC, 1996).
\12\ Best estimate from the IWC's estimate for the southern right whale population (Southern Hemisphere, 2009).
\13\ Whitehead, (2002).
\14\ Abundance estimates for beaked, southern bottlenose, and pilot whales south of the Antarctic Convergence in
January (Kasamatsu and Joyce, 1995).
\15\ Wells and Scott, (2009).
\16\ Jefferson et al., (2008).
\17\ Cockcroft and Peddemors, (1990).
\18\ Estimate from the IUCN Web page for melon-headed whales (IUCN, 2015).
\19\ Estimate from the IUCN Web page for killer whales (IUCN, 2015).
\20\ Estimate from the IUCN Web page for southern elephant seals (IUCN, 2015).
\21\ Arnoud, (2009).
NMFS refers the public to Lamont-Doherty's application, NSF's draft
environmental analysis (see ADDRESSES), NOAA Technical Memorandum NMFS-
NE-231, U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments-2014 (Waring et al., 2015); and the Draft 2015 U.S.
Atlantic and Gulf of Mexico Marine Mammal Stock Assessments (in review,
2015) available online at: http://www.nmfs.noaa.gov/pr/sars/species.htm
for further information on the biology and local distribution of these
species.
Potential Effects of the Specified Activities on Marine Mammals
This section includes a summary and discussion of the ways that
components (e.g., seismic airgun operations, vessel movement) of the
specified activity may impact marine mammals. The ``Estimated Take by
Incidental Harassment'' section later in this document will include a
quantitative analysis of the number of individuals that NMFS expects to
be taken by this activity. The ``Negligible Impact Analysis'' section
will include the analysis of how this specific proposed activity would
impact marine mammals and will consider the content of this section,
the ``Estimated Take by Incidental Harassment'' section, the ``Proposed
Mitigation'' section, and the ``Anticipated Effects on Marine Mammal
Habitat'' section to draw conclusions regarding the likely impacts of
this activity on the reproductive success or survivorship of
individuals and from that on the affected marine mammal populations or
stocks.
NMFS intends to provide a background of potential effects of
Lamont-Doherty's activities in this section. This section does not
consider the specific manner in which Lamont-Doherty would carry out
the proposed activity, what mitigation measures Lamont-Doherty would
implement, and how either of those would shape the anticipated impacts
from this specific activity. Operating active acoustic sources, such as
airgun arrays, has the potential for adverse effects on marine mammals.
The majority of anticipated impacts would be from the use of the airgun
array.
Acoustic Impacts
When considering the influence of various kinds of sound on the
marine environment, it is necessary to understand that different kinds
of marine life are sensitive to different frequencies of sound. Current
data indicate that not all marine mammal species have equal hearing
capabilities (Richardson et al., 1995; Southall et al.,
[[Page 75361]]
1997; Wartzok and Ketten, 1999; Au and Hastings, 2008).
Southall et al. (2007) designated ``functional hearing groups'' for
marine mammals based on available behavioral data; audiograms derived
from auditory evoked potentials; anatomical modeling; and other data.
Southall et al. (2007) also estimated the lower and upper frequencies
of functional hearing for each group. However, animals are less
sensitive to sounds at the outer edges of their functional hearing
range and are more sensitive to a range of frequencies within the
middle of their functional hearing range.
The functional groups applicable to this proposed survey and the
associated frequencies are:
Low frequency cetaceans (13 species of mysticetes):
Functional hearing estimates occur between approximately 7 Hertz (Hz)
and 25 kHz (extended from 22 kHz based on data indicating that some
mysticetes can hear above 22 kHz; Au et al., 2006; Lucifredi and Stein,
2007; Ketten and Mountain, 2009; Tubelli et al., 2012);
Mid-frequency cetaceans (32 species of dolphins, six
species of larger toothed whales, and 19 species of beaked and
bottlenose whales): Functional hearing estimates occur between
approximately 150 Hz and 160 kHz;
High-frequency cetaceans (eight species of true porpoises,
six species of river dolphins, Kogia, the franciscana, and four species
of cephalorhynchids): Functional hearing estimates occur between
approximately 200 Hz and 180 kHz; and
Pinnipeds in water: Phocid (true seals) functional hearing
estimates occur between approximately 75 Hz and 100 kHz (Hemila et al.,
2006; Mulsow et al., 2011; Reichmuth et al., 2013) and otariid (seals
and sea lions) functional hearing estimates occur between approximately
100 Hz to 40 kHz.
Approximately 42 marine mammal species (8 mysticetes, 32
odontocetes, and two pinnipeds) would likely occur in the proposed
action area. Table 2 presents the classification of these species into
their respective functional hearing group. NMFS consider a species'
functional hearing group when analyzing the effects of exposure to
sound on marine mammals.
Table 2--Classification of Marine Mammals That Could Potentially Occur
in the Proposed Survey Areas Within the South Atlantic Ocean (January
through March 2016) by Functional Hearing Group
[Southall et al., 2007]
------------------------------------------------------------------------
------------------------------------------------------------------------
Low Frequency Hearing Range....... Antarctic minke, blue, Bryde's,
common (dwarf) minke, fin,
humpback, Sei, and Southern right
whale
Mid-Frequency Hearing Range....... Sperm whale; Cuvier's, Andrew's,
Arnoux's, Blainville's, Gervais',
Gray's, Hector's, Shepherd's, strap-
toothed, and True's beaked whale;
Southern bottlenose whale;
bottlenose, rough-toothed,
pantropical spotted, striped,
Fraser's dolphin spinner, Atlantic
spotted, Clymene, Risso's, long-
beaked common, short-beaked common,
and Southern right whale dolphin;
melon-headed whale; pygmy killer
whale; false killer whale; killer
whale, long-finned pilot whale; and
short-finned pilot whale
High Frequency Hearing Range...... Dwarf sperm whale and pygmy sperm
whale
Pinnipeds in Water Hearing Range.. Southern elephant seal and
Subantarctic fur seal
------------------------------------------------------------------------
1. Potential Effects of Airgun Sounds on Marine Mammals
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., 2003; Nowacek et al., 2007; Southall et al., 2007). The effects of
noise on marine mammals are highly variable, often depending on species
and contextual factors (based on Richardson et al., 1995).
Tolerance
Studies on marine mammals' tolerance to sound in the natural
environment are relatively rare. Richardson et al. (1995) defined
tolerance as the occurrence of marine mammals in areas where they are
exposed to human activities or manmade noise. In many cases, tolerance
develops by the animal habituating to the stimulus (i.e., the gradual
waning of responses to a repeated or ongoing stimulus) (Richardson, et
al., 1995), but because of ecological or physiological requirements,
many marine animals may need to remain in areas where they are exposed
to chronic stimuli (Richardson, et al., 1995).
Numerous studies have shown that pulsed sounds from airguns are
often readily detectable in the water at distances of many kilometers.
Several studies have also shown that marine mammals at distances of
more than a few kilometers from operating seismic vessels often show no
apparent response. That is often true even in cases when the pulsed
sounds must be readily audible to the animals based on measured
received levels and the hearing sensitivity of the marine mammal group.
Although various baleen whales and toothed whales, and (less
frequently) pinnipeds have been shown to react behaviorally to airgun
pulses under some conditions, at other times marine mammals of all
three types have shown no overt reactions (Stone, 2003; Stone and
Tasker, 2006; Moulton et al. 2005, 2006) and (MacLean and Koski, 2005;
Bain and Williams, 2006).
Weir (2008) observed marine mammal responses to seismic pulses from
a 24 airgun array firing a total volume of either 5,085 in\3\ or 3,147
in\3\ in Angolan waters between August 2004 and May 2005. Weir (2008)
recorded a total of 207 sightings of humpback whales (n = 66), sperm
whales (n = 124), and Atlantic spotted dolphins (n = 17) and reported
that there were no significant differences in encounter rates
(sightings per hour) for humpback and sperm whales according to the
airgun array's operational status (i.e., active versus silent).
Bain and Williams (2006) examined the effects of a large airgun
array (maximum total discharge volume of 1,100 in\3\) on six species in
shallow waters off British Columbia and Washington: Harbor seal (Phoca
vitulina), California sea lion (Zalophus californianus), Steller sea
lion (Eumetopias jubatus), gray whale (Eschrichtius robustus), Dall's
porpoise (Phocoenoides dalli), and harbor porpoise (Phocoena phocoena).
Harbor porpoises showed reactions at received levels less than 155 dB
re: 1 [mu]Pa at a distance of greater than 70 km (43 mi) from the
seismic source (Bain and Williams, 2006). However, the tendency for
greater responsiveness by harbor porpoise is consistent with their
relative responsiveness to boat traffic and some other acoustic sources
(Richardson, et al., 1995; Southall, et al., 2007). In contrast, the
authors reported that gray whales seemed to tolerate exposures to sound
up to approximately 170 dB re: 1 [mu]Pa (Bain and Williams, 2006) and
[[Page 75362]]
Dall's porpoises occupied and tolerated areas receiving exposures of
170-180 dB re: 1 [mu]Pa (Bain and Williams, 2006; Parsons, et al.,
2009). The authors observed several gray whales that moved away from
the airguns toward deeper water where sound levels were higher due to
propagation effects resulting in higher noise exposures (Bain and
Williams, 2006). However, it is unclear whether their movements
reflected a response to the sounds (Bain and Williams, 2006). Thus, the
authors surmised that the lack of gray whale responses to higher
received sound levels were ambiguous at best because one expects the
species to be the most sensitive to the low-frequency sound emanating
from the airguns (Bain and Williams, 2006).
Pirotta et al. (2014) observed short-term responses of harbor
porpoises to a two-dimensional (2-D) seismic survey in an enclosed bay
in northeast Scotland which did not result in broad-scale displacement.
The harbor porpoises that remained in the enclosed bay area reduced
their buzzing activity by 15 percent during the seismic survey
(Pirotta, et al., 2014). Thus, the authors suggest that animals exposed
to anthropogenic disturbance may make trade-offs between perceived
risks and the cost of leaving disturbed areas (Pirotta, et al., 2014).
Masking
Marine mammals use acoustic signals for a variety of purposes,
which differ among species, but include communication between
individuals, navigation, foraging, reproduction, avoiding predators,
and learning about their environment (Erbe and Farmer, 2000; Tyack,
2000).
The term masking refers to the inability of an animal to recognize
the occurrence of an acoustic stimulus because of interference of
another acoustic stimulus (Clark et al., 2009). Thus, masking is the
obscuring of sounds of interest by other sounds, often at similar
frequencies. It is a phenomenon that affects animals that are trying to
receive acoustic information about their environment, including sounds
from other members of their species, predators, prey, and sounds that
allow them to orient in their environment. Masking these acoustic
signals can disturb the behavior of individual animals, groups of
animals, or entire populations.
Introduced underwater sound may, through masking, may more
specifically reduce the effective communication distance of a marine
mammal species if the frequency of the source is close to that used as
a signal by the marine mammal, and if the anthropogenic sound is
present for a significant fraction of the time (Richardson et al.,
1995).
Marine mammals are thought to be able to compensate for
communication masking by adjusting their acoustic behavior through
shifting call frequencies, increasing call volume, and increasing
vocalization rates. For example in one study, blue whales increased
call rates when exposed to noise from seismic surveys in the St.
Lawrence Estuary (Di Iorio and Clark, 2010). Other studies reported
that some North Atlantic right whales exposed to high shipping noise
increased call frequency (Parks et al., 2007) and some humpback whales
responded to low-frequency active sonar playbacks by increasing song
length (Miller et al., 2000). Additionally, beluga whales change their
vocalizations in the presence of high background noise possibly to
avoid masking calls (Au et al., 1985; Lesage et al., 1999; Scheifele et
al., 2005).
Studies have shown that some baleen and toothed whales continue
calling in the presence of seismic pulses, and some researchers have
heard these calls between the seismic pulses (e.g., Richardson et al.,
1986; McDonald et al., 1995; Greene et al., 1999; Nieukirk et al.,
2004; Smultea et al., 2004; Holst et al., 2005a, 2005b, 2006; and Dunn
and Hernandez, 2009).
In contrast, Clark and Gagnon (2006) reported that fin whales in
the northeast Pacific Ocean went silent for an extended period starting
soon after the onset of a seismic survey in the area. Similarly, NMFS
is aware of one report that observed sperm whales ceasing calls when
exposed to pulses from a very distant seismic ship (Bowles et al.,
1994). However, more recent studies have found that sperm whales
continued calling in the presence of seismic pulses (Madsen et al.,
2002; Tyack et al., 2003; Smultea et al., 2004; Holst et al., 2006; and
Jochens et al., 2008).
Risch et al. (2012) documented reductions in humpback whale
vocalizations in the Stellwagen Bank National Marine Sanctuary
concurrent with transmissions of the Ocean Acoustic Waveguide Remote
Sensing (OAWRS) low-frequency fish sensor system at distances of 200 km
(124 mi) from the source. The recorded OAWRS produced series of
frequency modulated pulses and the signal received levels ranged from
88 to 110 dB re: 1 [mu]Pa (Risch, et al., 2012). The authors
hypothesized that individuals did not leave the area but instead ceased
singing and noted that the duration and frequency range of the OAWRS
signals (a novel sound to the whales) were similar to those of natural
humpback whale song components used during mating (Risch et al., 2012).
Thus, the novelty of the sound to humpback whales in the study area
provided a compelling contextual probability for the observed effects
(Risch et al., 2012). However, the authors did not state or imply that
these changes had long-term effects on individual animals or
populations (Risch et al., 2012).
Several studies have also reported hearing dolphins and porpoises
calling while airguns were operating (e.g., Gordon et al., 2004;
Smultea et al., 2004; Holst et al., 2005a, b; and Potter et al., 2007).
The sounds important to small odontocete communication are
predominantly at much higher frequencies than the dominant components
of airgun sounds, thus limiting the potential for masking in those
species.
Although some degree of masking is inevitable when high levels of
manmade broadband sounds are present in the sea, marine mammals have
evolved systems and behavior that function to reduce the impacts of
masking. Odontocete conspecifics may readily detect structured signals,
such as the echolocation click sequences of small toothed whales even
in the presence of strong background noise because their frequency
content and temporal features usually differ strongly from those of the
background noise (Au and Moore, 1988, 1990). The components of
background noise that are similar in frequency to the sound signal in
question primarily determine the degree of masking of that signal.
Redundancy and context can also facilitate detection of weak
signals. These phenomena may help marine mammals detect weak sounds in
the presence of natural or manmade noise. Most masking studies in
marine mammals present the test signal and the masking noise from the
same direction. The sound localization abilities of marine mammals
suggest that, if signal and noise come from different directions,
masking would not be as severe as the usual types of masking studies
might suggest (Richardson et al., 1995). The dominant background noise
may be highly directional if it comes from a particular anthropogenic
source such as a ship or industrial site. Directional hearing may
significantly reduce the masking effects of these sounds by improving
the effective signal-to-noise ratio. In the cases of higher frequency
hearing by the bottlenose dolphin, beluga whale, and killer whale,
empirical evidence
[[Page 75363]]
confirms that masking depends strongly on the relative directions of
arrival of sound signals and the masking noise (Penner et al., 1986;
Dubrovskiy, 1990; Bain et al., 1993; Bain and Dahlheim, 1994).
Toothed whales and probably other marine mammals as well, have
additional capabilities besides directional hearing that can facilitate
detection of sounds in the presence of background noise. There is
evidence that some toothed whales can shift the dominant frequencies of
their echolocation signals from a frequency range with a lot of ambient
noise toward frequencies with less noise (Au et al., 1974, 1985; Moore
and Pawloski, 1990; Thomas and Turl, 1990; Romanenko and Kitain, 1992;
Lesage et al., 1999). A few marine mammal species increase the source
levels or alter the frequency of their calls in the presence of
elevated sound levels (Dahlheim, 1987; Au, 1993; Lesage et al., 1993,
1999; Terhune, 1999; Foote et al., 2004; Parks et al., 2007, 2009; Di
Iorio and Clark, 2010; Holt et al., 2009).
These data demonstrating adaptations for reduced masking pertain
mainly to the very high frequency echolocation signals of toothed
whales. There is less information about the existence of corresponding
mechanisms at moderate or low frequencies or in other types of marine
mammals. For example, Zaitseva et al. (1980) found that, for the
bottlenose dolphin, the angular separation between a sound source and a
masking noise source had little effect on the degree of masking when
the sound frequency was 18 kHz, in contrast to the pronounced effect at
higher frequencies. Studies have noted directional hearing at
frequencies as low as 0.5-2 kHz in several marine mammals, including
killer whales (Richardson et al., 1995a). This ability may be useful in
reducing masking at these frequencies. In summary, high levels of sound
generated by anthropogenic activities may act to mask the detection of
weaker biologically important sounds by some marine mammals. This
masking may be more prominent for lower frequencies. For higher
frequencies, such as that used in echolocation by toothed whales,
several mechanisms are available that may allow them to reduce the
effects of such masking.
Behavioral Disturbance
Marine mammals may behaviorally react to sound when exposed to
anthropogenic noise. Reactions to sound, if any, depend on species,
state of maturity, experience, current activity, reproductive state,
time of day, and many other factors (Richardson et al., 1995; Wartzok
et al., 2004; Southall et al., 2007; Weilgart, 2007).
Types of behavioral reactions can include the following: changing
durations of surfacing and dives, number of blows per surfacing, or
moving direction and/or speed; reduced/increased vocal activities;
changing/cessation of certain behavioral activities (such as
socializing or feeding); visible startle response or aggressive
behavior (such as tail/fluke slapping or jaw clapping); avoidance of
areas where noise sources are located; and/or flight responses (e.g.,
pinnipeds flushing into water from haulouts or rookeries).
The biological significance of many of these behavioral
disturbances is difficult to predict, especially if the detected
disturbances appear minor. However, one could expect the consequences
of behavioral modification to be biologically significant if the change
affects growth, survival, and/or reproduction (e.g., Lusseau and
Bejder, 2007; Weilgart, 2007). Examples of behavioral modifications
that could impact growth, survival, or reproduction include:
Drastic changes in diving/surfacing patterns (such as
those associated with beaked whale stranding related to exposure to
military mid-frequency tactical sonar);
Permanent habitat abandonment due to loss of desirable
acoustic environment; and
Disruption of feeding or social interaction resulting in
significant energetic costs, inhibited breeding, or cow-calf
separation.
The onset of behavioral disturbance from anthropogenic noise
depends on both external factors (characteristics of noise sources and
their paths) and the receiving animals (hearing, motivation,
experience, demography) and is also difficult to predict (Richardson et
al., 1995; Southall et al., 2007).
Baleen Whales
Studies have shown that underwater sounds from seismic activities
are often readily detectable by baleen whales in the water at distances
of many kilometers (Castellote et al., 2012 for fin whales). Many
studies have also shown that marine mammals at distances more than a
few kilometers away often show no apparent response when exposed to
seismic activities (e.g., Madsen & Mohl, 2000 for sperm whales; Malme
et al., 1983, 1984 for gray whales; and Richardson et al., 1986 for
bowhead whales). Other studies have shown that marine mammals continue
important behaviors in the presence of seismic pulses (e.g., Dunn &
Hernandez, 2009 for blue whales; Greene Jr. et al., 1999 for bowhead
whales; Holst and Beland, 2010; Holst and Smultea, 2008; Holst et al.,
2005; Nieukirk et al., 2004; Richardson, et al., 1986; Smultea et al.,
2004).
Observers have seen various species of Balaenoptera (blue, sei,
fin, and minke whales) in areas ensonified by airgun pulses (Stone,
2003; MacLean and Haley, 2004; Stone and Tasker, 2006), and have
localized calls from blue and fin whales in areas with airgun
operations (e.g., McDonald et al., 1995; Dunn and Hernandez, 2009;
Castellote et al., 2010). Sightings by observers on seismic vessels off
the United Kingdom from 1997 to 2000 suggest that, during times of good
visibility, sighting rates for mysticetes (mainly fin and sei whales)
were similar when large arrays of airguns were shooting versus silent
(Stone, 2003; Stone and Tasker, 2006). However, these whales tended to
exhibit localized avoidance, remaining significantly further (on
average) from the airgun array during seismic operations compared with
non-seismic periods (Stone and Tasker, 2006).
Ship-based monitoring studies of baleen whales (including blue,
fin, sei, minke, and whales) in the northwest Atlantic found that
overall, this group had lower sighting rates during seismic versus non-
seismic periods (Moulton and Holst, 2010). The authors observed that
baleen whales as a group were significantly farther from the vessel
during seismic compared with non-seismic periods. Moreover, the authors
observed that the whales swam away more often from the operating
seismic vessel (Moulton and Holst, 2010). Initial sightings of blue and
minke whales were significantly farther from the vessel during seismic
operations compared to non-seismic periods and the authors observed the
same trend for fin whales (Moulton and Holst, 2010). Also, the authors
observed that minke whales most often swam away from the vessel when
seismic operations were underway (Moulton and Holst, 2010).
Blue Whales
McDonald et al. (1995) tracked blue whales relative to a seismic
survey with a 1,600 in\3\ airgun array. One whale started its call
sequence within 15 km (9.3 mi) from the source, then followed a pursuit
track that decreased its distance to the vessel where it stopped
calling at a range of 10 km (6.2 mi) (estimated received level at 143
dB re: 1 [mu]Pa (peak-to-peak)). After that point, the ship increased
its distance from the whale which continued a new call sequence after
approximately one hour
[[Page 75364]]
and 10 km (6.2 mi) from the ship. The authors reported that the whale
had taken a track paralleling the ship during the cessation phase but
observed the whale moving diagonally away from the ship after
approximately 30 minutes continuing to vocalize. Because the whale may
have approached the ship intentionally or perhaps was unaffected by the
airguns, the authors concluded that there was insufficient data to
infer conclusions from their study related to blue whale responses
(McDonald, et al., 1995).
Dunn and Hernandez (2009) tracked blue whales in the eastern
tropical Pacific Ocean near the northern East Pacific Rise using 25
ocean-bottom-mounted hydrophones and ocean bottom seismometers during
the conduct of an academic seismic survey by the R/V Maurice Ewing in
1997. During the airgun operations, the authors recorded the airgun
pulses across the entire seismic array which they determined were
detectable by eight whales that had entered into the area during a
period of airgun activity (Dunn and Hernandez, 2009). The authors were
able to track each whale call-by-call using the B components of the
calls and examine the whales' locations and call characteristics with
respect to the periods of airgun activity. The authors tracked the blue
whales from 28 to 100 km (17 to 62 mi) away from active air-gun
operations, but did not observe changes in call rates and found no
evidence of anomalous behavior that they could directly ascribed to the
use of the airguns (Dunn and Hernandez, 2009; Wilcock et al., 2014).
Further, the authors state that while the data do not permit a thorough
investigation of behavioral responses, they observed no correlation in
vocalization or movement with the concurrent airgun activity and
estimated that the sound levels produced by the Ewing's airguns were
approximately less than 145 dB re: 1 [mu]Pa (Dunn and Hernandez, 2009).
Fin Whales
Castellote et al. (2010) observed localized avoidance by fin whales
during seismic airgun events in the western Mediterranean Sea and
adjacent Atlantic waters from 2006-2009 and reported that singing fin
whales moved away from an operating airgun array for a time period that
extended beyond the duration of the airgun activity.
Gray Whales
A few studies have documented reactions of migrating and feeding
(but not wintering) gray whales (Eschrichtius robustus) to seismic
surveys. Malme et al. (1986, 1988) studied the responses of feeding
eastern Pacific gray whales to pulses from a single 100-in\3\ airgun
off St. Lawrence Island in the northern Bering Sea. They estimated,
based on small sample sizes, that 50 percent of feeding gray whales
stopped feeding at an average received pressure level of 173 dB re: 1
[mu]Pa on an (approximate) root mean square basis, and that 10 percent
of feeding whales interrupted feeding at received levels of 163 dB re:
1 [micro]Pa. Those findings were generally consistent with the results
of experiments conducted on larger numbers of gray whales that were
migrating along the California coast (Malme et al., 1984; Malme and
Miles, 1985), and western Pacific gray whales feeding off Sakhalin
Island, Russia (Wursig et al., 1999; Gailey et al., 2007; Johnson et
al., 2007; Yazvenko et al., 2007a, 2007b), along with data on gray
whales off British Columbia (Bain and Williams, 2006).
Data on short-term reactions by cetaceans to impulsive noises are
not necessarily indicative of long-term or biologically significant
effects. It is not known whether impulsive sounds affect reproductive
rate or distribution and habitat use in subsequent days or years.
However, gray whales have continued to migrate annually along the west
coast of North America with substantial increases in the population
over recent years, despite intermittent seismic exploration (and much
ship traffic) in that area for decades (Appendix A in Malme et al.,
1984; Richardson et al., 1995; Allen and Angliss, 2014). The western
Pacific gray whale population did not appear affected by a seismic
survey in its feeding ground during a previous year (Johnson et al.,
2007). Similarly, bowhead whales (Balaena mysticetus) have continued to
travel to the eastern Beaufort Sea each summer, and their numbers have
increased notably, despite seismic exploration in their summer and
autumn range for many years (Richardson et al., 1987; Allen and
Angliss, 2014). The history of coexistence between seismic surveys and
baleen whales suggests that brief exposures to sound pulses from any
single seismic survey are unlikely to result in prolonged effects.
Humpback Whales
McCauley et al. (1998, 2000) studied the responses of humpback
whales off western Australia to a full-scale seismic survey with a 16-
airgun array (2,678-in\3\) and to a single, 20-in\3\ airgun with source
level of 227 dB re: 1 [micro]Pa (peak-to-peak). In the 1998 study, the
researchers documented that avoidance reactions began at five to eight
km (3.1 to 4.9 mi) from the array, and that those reactions kept most
pods approximately three to four km (1.9 to 2.5 mi) from the operating
seismic boat. In the 2000 study, McCauley et al. noted localized
displacement during migration of four to five km (2.5 to 3.1 mi) by
traveling pods and seven to 12 km (4.3 to 7.5 mi) by more sensitive
resting pods of cow-calf pairs. Avoidance distances with respect to the
single airgun were smaller but consistent with the results from the
full array in terms of the received sound levels. The mean received
level for initial avoidance of an approaching airgun was 140 dB re: 1
[micro]Pa for humpback pods containing females, and at the mean closest
point of approach distance, the received level was 143 dB re: 1
[micro]Pa. The initial avoidance response generally occurred at
distances of five to eight km (3.1 to 4.9 mi) from the airgun array and
2 km (1.2 mi) from the single airgun. However, some individual humpback
whales, especially males, approached within distances of 100 to 400 m
(328 to 1,312 ft), where the maximum received level was 179 dB re: 1
[micro]Pa.
Data collected by observers during several of Lamont-Doherty's
seismic surveys in the northwest Atlantic Ocean showed that sighting
rates of humpback whales were significantly greater during non-seismic
periods compared with periods when a full array was operating (Moulton
and Holst, 2010). In addition, humpback whales were more likely to swim
away and less likely to swim towards a vessel during seismic versus
non-seismic periods (Moulton and Holst, 2010).
Humpback whales on their summer feeding grounds in southeast Alaska
did not exhibit persistent avoidance when exposed to seismic pulses
from a 1.64-L (100-in\3\) airgun (Malme et al., 1985). Some humpbacks
seemed ``startled'' at received levels of 150 to 169 dB re: 1 [mu]Pa.
Malme et al. (1985) concluded that there was no clear evidence of
avoidance, despite the possibility of subtle effects, at received
levels up to 172 re: 1 [mu]Pa. However, Moulton and Holst (2010)
reported that humpback whales monitored during seismic surveys in the
northwest Atlantic had lower sighting rates and were most often seen
swimming away from the vessel during seismic periods compared with
periods when airguns were silent.
Other studies have suggested that south Atlantic humpback whales
wintering off Brazil may be displaced or even strand upon exposure to
seismic surveys (Engel et al., 2004). However, the evidence for this
was circumstantial and subject to alternative explanations (IAGC,
2004). Also, the evidence was
[[Page 75365]]
not consistent with subsequent results from the same area of Brazil
(Parente et al., 2006), or with direct studies of humpbacks exposed to
seismic surveys in other areas and seasons. After allowance for data
from subsequent years, there was ``no observable direct correlation''
between strandings and seismic surveys (IWC, 2007: 236).
Toothed Whales
Few systematic data are available describing reactions of toothed
whales to noise pulses. However, systematic work on sperm whales is
underway (e.g., Gordon et al., 2006; Madsen et al., 2006; Winsor and
Mate, 2006; Jochens et al., 2008; Miller et al., 2009) and there is an
increasing amount of information about responses of various odontocetes
to seismic surveys based on monitoring studies (e.g., Stone, 2003;
Smultea et al., 2004; Moulton and Miller, 2005; Bain and Williams,
2006; Holst et al., 2006; Stone and Tasker, 2006; Potter et al., 2007;
Hauser et al., 2008; Holst and Smultea, 2008; Weir, 2008; Barkaszi et
al., 2009; Richardson et al., 2009; Moulton and Holst, 2010). Reactions
of toothed whales to large arrays of airguns are variable and, at least
for delphinids, seem to be confined to a smaller radius than has been
observed for mysticetes.
Delphinids
Seismic operators and protected species observers (observers) on
seismic vessels regularly see dolphins and other small toothed whales
near operating airgun arrays, but in general there is a tendency for
most delphinids to show some avoidance of operating seismic vessels
(e.g., Goold, 1996a,b,c; Calambokidis and Osmek, 1998; Stone, 2003;
Moulton and Miller, 2005; Holst et al., 2006; Stone and Tasker, 2006;
Weir, 2008; Richardson et al., 2009; Barkaszi et al., 2009; Moulton and
Holst, 2010). Some dolphins seem to be attracted to the seismic vessel
and floats, and some ride the bow wave of the seismic vessel even when
large arrays of airguns are firing (e.g., Moulton and Miller, 2005).
Nonetheless, there have been indications that small toothed whales
sometimes move away or maintain a somewhat greater distance from the
vessel when a large array of airguns is operating than when it is
silent (e.g., Goold, 1996a,b,c; Stone and Tasker, 2006; Weir, 2008,
Barry et al., 2010; Moulton and Holst, 2010). In most cases, the
avoidance radii for delphinids appear to be small, on the order of one
km or less, and some individuals show no apparent avoidance.
Captive bottlenose dolphins exhibited changes in behavior when
exposed to strong pulsed sounds similar in duration to those typically
used in seismic surveys (Finneran et al., 2000, 2002, 2005). However,
the animals tolerated high received levels of sound (pk-pk level > 200
dB re 1 [mu]Pa) before exhibiting aversive behaviors.
Killer Whales
Observers stationed on seismic vessels operating off the United
Kingdom from 1997-2000 have provided data on the occurrence and
behavior of various toothed whales exposed to seismic pulses (Stone,
2003; Gordon et al., 2004). The studies note that killer whales were
significantly farther from large airgun arrays during periods of active
airgun operations compared with periods of silence. The displacement of
the median distance from the array was approximately 0.5 km (0.3 mi) or
more. Killer whales also appear to be more tolerant of seismic shooting
in deeper water (Stone, 2003; Gordon et al., 2004).
Sperm Whales
Most studies of sperm whales exposed to airgun sounds indicate that
the whale shows considerable tolerance of airgun pulses (e.g., Stone,
2003; Moulton et al., 2005, 2006a; Stone and Tasker, 2006; Weir, 2008).
In most cases the whales do not show strong avoidance, and they
continue to call. However, controlled exposure experiments in the Gulf
of Mexico indicate alteration of foraging behavior upon exposure to
airgun sounds (Jochens et al., 2008; Miller et al., 2009; Tyack, 2009).
Beaked Whales
There are almost no specific data on the behavioral reactions of
beaked whales to seismic surveys. Most beaked whales tend to avoid
approaching vessels of other types (e.g., Wursig et al., 1998). They
may also dive for an extended period when approached by a vessel (e.g.,
Kasuya, 1986), although it is uncertain how much longer such dives may
be as compared to dives by undisturbed beaked whales, which also are
often quite long (Baird et al., 2006; Tyack et al., 2006).
Based on a single observation, Aguilar-Soto et al. (2006) suggested
a reduction in foraging efficiency of Cuvier's beaked whales during a
close approach by a vessel. In contrast, Moulton and Holst (2010)
reported 15 sightings of beaked whales during seismic studies in the
northwest Atlantic and the authors observed seven of those sightings
during times when at least one airgun was operating. Because sighting
rates and distances were similar during seismic and non-seismic
periods, the authors could not correlate changes to beaked whale
behavior to the effects of airgun operations (Moulton and Holst, 2010).
Similarly, other studies have observed northern bottlenose whales
remain in the general area of active seismic operations while
continuing to produce high-frequency clicks when exposed to sound
pulses from distant seismic surveys (Gosselin and Lawson, 2004;
Laurinolli and Cochrane, 2005; Simard et al., 2005).
Pinnipeds
Pinnipeds are not likely to show a strong avoidance reaction to the
airgun sources proposed for use. Visual monitoring from seismic vessels
has shown only slight (if any) avoidance of airguns by pinnipeds and
only slight (if any) changes in behavior. Monitoring work in the
Alaskan Beaufort Sea during 1996-2001 provided considerable information
regarding the behavior of Arctic ice seals exposed to seismic pulses
(Harris et al., 2001; Moulton and Lawson, 2002). These seismic projects
usually involved arrays of 6 to 16 airguns with total volumes of 560 to
1,500 in\3\. The combined results suggest that some seals avoid the
immediate area around seismic vessels. In most survey years, ringed
seal (Phoca hispida) sightings tended to be farther away from the
seismic vessel when the airguns were operating than when they were not
(Moulton and Lawson, 2002). However, these avoidance movements were
relatively small, on the order of 100 m (328 ft) to a few hundred
meters, and many seals remained within 100-200 m (328-656 ft) of the
trackline as the operating airgun array passed by the animals. Seal
sighting rates at the water surface were lower during airgun array
operations than during no-airgun periods in each survey year except
1997. Similarly, seals are often very tolerant of pulsed sounds from
seal-scaring devices (Mate and Harvey, 1987; Jefferson and Curry, 1994;
Richardson et al., 1995). However, initial telemetry work suggests that
avoidance and other behavioral reactions by two other species of seals
to small airgun sources may at times be stronger than evident to date
from visual studies of pinniped reactions to airguns (Thompson et al.,
1998).
Hearing Impairment
Exposure to high intensity sound for a sufficient duration may
result in auditory effects such as a noise-induced threshold shift--an
increase in the auditory threshold after exposure to noise (Finneran et
al., 2005). Factors that influence the amount of threshold shift
include the amplitude, duration,
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frequency content, temporal pattern, and energy distribution of noise
exposure. The magnitude of hearing threshold shift normally decreases
over time following cessation of the noise exposure. The amount of
threshold shift just after exposure is the initial threshold shift. If
the threshold shift eventually returns to zero (i.e., the threshold
returns to the pre-exposure value), it is a temporary threshold shift
(Southall et al., 2007).
Threshold Shift (Noise-Induced Loss of Hearing)
When animals exhibit reduced hearing sensitivity (i.e., sounds must
be louder for an animal to detect them) following exposure to an
intense sound or sound for long duration, it is referred to as a noise-
induced threshold shift (TS). An animal can experience temporary
threshold shift (TTS) or permanent threshold shift (PTS). TTS can last
from minutes or hours to days (i.e., there is complete recovery), can
occur in specific frequency ranges (i.e., an animal might only have a
temporary loss of hearing sensitivity between the frequencies of 1 and
10 kHz), and can be of varying amounts (for example, an animal's
hearing sensitivity might be reduced initially by only 6 dB or reduced
by 30 dB). PTS is permanent, but some recovery is possible. PTS can
also occur in a specific frequency range and amount as mentioned above
for TTS.
The following physiological mechanisms are thought to play a role
in inducing auditory TS: Effects to sensory hair cells in the inner ear
that reduce their sensitivity, modification of the chemical environment
within the sensory cells, residual muscular activity in the middle ear,
displacement of certain inner ear membranes, increased blood flow, and
post-stimulatory reduction in both efferent and sensory neural output
(Southall et al., 2007). The amplitude, duration, frequency, temporal
pattern, and energy distribution of sound exposure all can affect the
amount of associated TS and the frequency range in which it occurs. As
amplitude and duration of sound exposure increase, so, generally, does
the amount of TS, along with the recovery time. For intermittent
sounds, less TS could occur than compared to a continuous exposure with
the same energy (some recovery could occur between intermittent
exposures depending on the duty cycle between sounds) (Kryter et al.,
1966; Ward, 1997). For example, one short but loud (higher SPL) sound
exposure may induce the same impairment as one longer but softer sound,
which in turn may cause more impairment than a series of several
intermittent softer sounds with the same total energy (Ward, 1997).
Additionally, though TTS is temporary, prolonged exposure to sounds
strong enough to elicit TTS, or shorter-term exposure to sound levels
well above the TTS threshold, can cause PTS, at least in terrestrial
mammals (Kryter, 1985).
PTS is considered an auditory injury (Southall et al., 2007).
Irreparable damage to the inner or outer cochlear hair cells may cause
PTS; however, other mechanisms are also involved, such as exceeding the
elastic limits of certain tissues and membranes in the middle and inner
ears and resultant changes in the chemical composition of the inner ear
fluids (Southall et al., 2007).
Although the published body of scientific literature contains
numerous theoretical studies and discussion papers on hearing
impairments that can occur with exposure to a loud sound, only a few
studies provide empirical information on the levels at which noise-
induced loss in hearing sensitivity occurs in non-human animals.
Recent studies by Kujawa and Liberman (2009) and Lin et al. (2011)
found that despite completely reversible threshold shifts that leave
cochlear sensory cells intact, large threshold shifts could cause
synaptic level changes and delayed cochlear nerve degeneration in mice
and guinea pigs, respectively. NMFS notes that the high level of TTS
that led to the synaptic changes shown in these studies is in the range
of the high degree of TTS that Southall et al. (2007) used to calculate
PTS levels. It is unknown whether smaller levels of TTS would lead to
similar changes. NMFS, however, acknowledges the complexity of noise
exposure on the nervous system, and will re-examine this issue as more
data become available.
For marine mammals, published data are limited to the captive
bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless
porpoise (Finneran et al., 2000, 2002b, 2003, 2005a, 2007, 2010a,
2010b; Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al.,
2009a, 2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a;
Schlundt et al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in
water, data are limited to measurements of TTS in harbor seals, an
elephant seal, and California sea lions (Kastak et al., 1999, 2005;
Kastelein et al., 2012b).
Lucke et al. (2009) found a threshold shift (TS) of a harbor
porpoise after exposing it to airgun noise with a received sound
pressure level (SPL) at 200.2 dB (peak-to-peak) re: 1 [mu]Pa, which
corresponds to a sound exposure level of 164.5 dB re: 1 [mu]Pa2 s after
integrating exposure. NMFS currently uses the root-mean-square (rms) of
received SPL at 180 dB and 190 dB re: 1 [mu]Pa as the threshold above
which permanent threshold shift (PTS) could occur for cetaceans and
pinnipeds, respectively. Because the airgun noise is a broadband
impulse, one cannot directly determine the equivalent of rms SPL from
the reported peak-to-peak SPLs. However, applying a conservative
conversion factor of 16 dB for broadband signals from seismic surveys
(McCauley, et al., 2000) to correct for the difference between peak-to-
peak levels reported in Lucke et al. (2009) and rms SPLs, the rms SPL
for TTS would be approximately 184 dB re: 1 [mu]Pa, and the received
levels associated with PTS (Level A harassment) would be higher. This
is still above NMFS' current 180 dB rms re: 1 [mu]Pa threshold for
injury. However, NMFS recognizes that TTS of harbor porpoises is lower
than other cetacean species empirically tested (Finneran & Schlundt,
2010; Finneran et al., 2002; Kastelein and Jennings, 2012).
A recent study on bottlenose dolphins (Schlundt, et al., 2013)
measured hearing thresholds at multiple frequencies to determine the
amount of TTS induced before and after exposure to a sequence of
impulses produced by a seismic airgun. The airgun volume and operating
pressure varied from 40-150 in\3\ and 1000-2000 psi, respectively.
After three years and 180 sessions, the authors observed no significant
TTS at any test frequency, for any combinations of airgun volume,
pressure, or proximity to the dolphin during behavioral tests
(Schlundt, et al., 2013). Schlundt et al. (2013) suggest that the
potential for airguns to cause hearing loss in dolphins is lower than
previously predicted, perhaps as a result of the low-frequency content
of airgun impulses compared to the high-frequency hearing ability of
dolphins.
Marine mammal hearing plays a critical role in communication with
conspecifics, and interpretation of environmental cues for purposes
such as predator avoidance and prey capture. Depending on the degree
(elevation of threshold in dB), duration (i.e., recovery time), and
frequency range of TTS, and the context in which it is experienced, TTS
can have effects on marine mammals ranging from discountable to serious
(similar to those discussed in auditory masking, below). For example, a
marine mammal may be able to readily compensate for a brief, relatively
small amount of TTS in a non-critical frequency range that occurs
during a
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time where ambient noise is lower and there are not as many competing
sounds present. Alternatively, a larger amount and longer duration of
TTS sustained during time when communication is critical for successful
mother/calf interactions could have more serious impacts. Also,
depending on the degree and frequency range, the effects of PTS on an
animal could range in severity, although it is considered generally
more serious because it is a permanent condition. Of note, reduced
hearing sensitivity as a simple function of aging has been observed in
marine mammals, as well as humans and other taxa (Southall et al.,
2007), so one can infer that strategies exist for coping with this
condition to some degree, though likely not without cost.
Given the higher level of sound necessary to cause PTS as compared
with TTS, it is considerably less likely that PTS would occur during
the proposed seismic survey. Cetaceans generally avoid the immediate
area around operating seismic vessels, as do some other marine mammals.
Some pinnipeds show avoidance reactions to airguns, but their avoidance
reactions are generally not as strong or consistent compared to
cetacean reactions.
Non-Auditory Physical Effects
Non-auditory physical effects might occur in marine mammals exposed
to strong underwater pulsed sound. Possible types of non-auditory
physiological effects or injuries that theoretically might occur in
mammals close to a strong sound source include stress, neurological
effects, bubble formation, and other types of organ or tissue damage.
Some marine mammal species (i.e., beaked whales) may be especially
susceptible to injury and/or stranding when exposed to strong pulsed
sounds.
Classic stress responses begin when an animal's central nervous
system perceives a potential threat to its homeostasis. That perception
triggers stress responses regardless of whether a stimulus actually
threatens the animal; the mere perception of a threat is sufficient to
trigger a stress response (Moberg, 2000; Sapolsky et al., 2005; Seyle,
1950). Once an animal's central nervous system perceives a threat, it
mounts a biological response or defense that consists of a combination
of the four general biological defense responses: Behavioral responses;
autonomic nervous system responses; neuroendocrine responses; or immune
responses.
In the case of many stressors, an animal's first and most
economical (in terms of biotic costs) response is behavioral avoidance
of the potential stressor or avoidance of continued exposure to a
stressor. An animal's second line of defense to stressors involves the
sympathetic part of the autonomic nervous system and the classic
``fight or flight'' response, which includes the cardiovascular system,
the gastrointestinal system, the exocrine glands, and the adrenal
medulla to produce changes in heart rate, blood pressure, and
gastrointestinal activity that humans commonly associate with stress.
These responses have a relatively short duration and may or may not
have significant long-term effects on an animal's welfare.
An animal's third line of defense to stressors involves its
neuroendocrine or sympathetic nervous systems; the system that has
received the most study has been the hypothalamus-pituitary-adrenal
system (also known as the HPA axis in mammals or the hypothalamus-
pituitary-interrenal axis in fish and some reptiles). Unlike stress
responses associated with the autonomic nervous system, the pituitary
hormones regulate virtually all neuroendocrine functions affected by
stress--including immune competence, reproduction, metabolism, and
behavior. Stress-induced changes in the secretion of pituitary hormones
have been implicated in failed reproduction (Moberg, 1987; Rivier,
1995), altered metabolism (Elasser et al., 2000), reduced immune
competence (Blecha, 2000), and behavioral disturbance. Increases in the
circulation of glucocorticosteroids (cortisol, corticosterone, and
aldosterone in marine mammals; see Romano et al., 2004) have been
equated with stress for many years.
The primary distinction between stress (which is adaptive and does
not normally place an animal at risk) and distress is the biotic cost
of the response. During a stress response, an animal uses glycogen
stores that the body quickly replenishes after alleviation of the
stressor. In such circumstances, the cost of the stress response would
not pose a risk to the animal's welfare. However, when an animal does
not have sufficient energy reserves to satisfy the energetic costs of a
stress response, it diverts energy resources from other biotic
functions, which impair those functions that experience the diversion.
For example, when mounting a stress response diverts energy away from
growth in young animals, those animals may experience stunted growth.
When mounting a stress response diverts energy from a fetus, an
animal's reproductive success and fitness will suffer. In these cases,
the animals will have entered a pre-pathological or pathological state
called ``distress'' (sensu Seyle, 1950) or ``allostatic loading''
(sensu McEwen and Wingfield, 2003). This pathological state will last
until the animal replenishes its biotic reserves sufficient to restore
normal function. Note that these examples involved a long-term (days or
weeks) stress response exposure to stimuli.
Relationships between these physiological mechanisms, animal
behavior, and the costs of stress responses have also been documented
fairly well through controlled experiment; because this physiology
exists in every vertebrate that has been studied, it is not surprising
that stress responses and their costs have been documented in both
laboratory and free-living animals (for examples see, Holberton et al.,
1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004;
Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer,
2000). Although no information has been collected on the physiological
responses of marine mammals to anthropogenic sound exposure, studies of
other marine animals and terrestrial animals would lead us to expect
some marine mammals to experience physiological stress responses and,
perhaps, physiological responses that would be classified as
``distress'' upon exposure to anthropogenic sounds.
For example, Jansen (1998) reported on the relationship between
acoustic exposures and physiological responses that are indicative of
stress responses in humans (e.g., elevated respiration and increased
heart rates). Jones (1998) reported on reductions in human performance
when faced with acute, repetitive exposures to acoustic disturbance.
Trimper et al. (1998) reported on the physiological stress responses of
osprey to low-level aircraft noise while Krausman et al. (2004)
reported on the auditory and physiology stress responses of endangered
Sonoran pronghorn to military overflights. Smith et al. (2004a, 2004b)
identified noise-induced physiological transient stress responses in
hearing-specialist fish (i.e., goldfish) that accompanied short- and
long-term hearing losses. Welch and Welch (1970) reported physiological
and behavioral stress responses that accompanied damage to the inner
ears of fish and several mammals.
Hearing is one of the primary senses marine mammals use to gather
information about their environment and communicate with conspecifics.
Although empirical information on the relationship between sensory
impairment (TTS, PTS, and acoustic masking) on marine mammals remains
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limited, we assume that reducing a marine mammal's ability to gather
information about its environment and communicate with other members of
its species would induce stress, based on data that terrestrial animals
exhibit those responses under similar conditions (NRC, 2003) and
because marine mammals use hearing as their primary sensory mechanism.
Therefore, NMFS assumes that acoustic exposures sufficient to trigger
onset PTS or TTS would be accompanied by physiological stress
responses. More importantly, marine mammals might experience stress
responses at received levels lower than those necessary to trigger
onset TTS. Based on empirical studies of the time required to recover
from stress responses (Moberg, 2000), NMFS also assumes that stress
responses could persist beyond the time interval required for animals
to recover from TTS and might result in pathological and pre-
pathological states that would be as significant as behavioral
responses to TTS.
Resonance effects (Gentry, 2002) and direct noise-induced bubble
formations (Crum et al., 2005) are implausible in the case of exposure
to an impulsive broadband source like an airgun array. If seismic
surveys disrupt diving patterns of deep-diving species, this might
result in bubble formation and a form of the bends, as speculated to
occur in beaked whales exposed to sonar. However, there is no specific
evidence of this upon exposure to airgun pulses.
In general, there are few data about the potential for strong,
anthropogenic underwater sounds to cause non-auditory physical effects
in marine mammals. Such effects, if they occur at all, would presumably
be limited to short distances and to activities that extend over a
prolonged period. The available data do not allow identification of a
specific exposure level above which non-auditory effects can be
expected (Southall et al., 2007) or any meaningful quantitative
predictions of the numbers (if any) of marine mammals that might be
affected in those ways. There is no definitive evidence that any of
these effects occur even for marine mammals in close proximity to large
arrays of airguns. In addition, marine mammals that show behavioral
avoidance of seismic vessels, including some pinnipeds, are unlikely to
incur non-auditory impairment or other physical effects.
Stranding and Mortality
When a living or dead marine mammal swims or floats onto shore and
becomes ``beached'' or incapable of returning to sea, the event is a
``stranding'' (Geraci et al., 1999; Perrin and Geraci, 2002; Geraci and
Lounsbury, 2005; NMFS, 2007). The legal definition for a stranding
under the MMPA is that ``(A) a marine mammal is dead and is (i) on a
beach or shore of the United States; or (ii) in waters under the
jurisdiction of the United States (including any navigable waters); or
(B) a marine mammal is alive and is (i) on a beach or shore of the
United States and is unable to return to the water; (ii) on a beach or
shore of the United States and, although able to return to the water,
is in need of apparent medical attention; or (iii) in the waters under
the jurisdiction of the United States (including any navigable waters),
but is unable to return to its natural habitat under its own power or
without assistance.''
Marine mammals strand for a variety of reasons, such as infectious
agents, biotoxicosis, starvation, fishery interaction, ship strike,
unusual oceanographic or weather events, sound exposure, or
combinations of these stressors sustained concurrently or in series.
However, the cause or causes of most strandings are unknown (Geraci et
al., 1976; Eaton, 1979; Odell et al., 1980; Best, 1982). Numerous
studies suggest that the physiology, behavior, habitat relationships,
age, or condition of cetaceans may cause them to strand or might pre-
dispose them to strand when exposed to another phenomenon. These
suggestions are consistent with the conclusions of numerous other
studies that have demonstrated that combinations of dissimilar
stressors commonly combine to kill an animal or dramatically reduce its
fitness, even though one exposure without the other does not produce
the same result (Chroussos, 2000; Creel, 2005; DeVries et al., 2003;
Fair and Becker, 2000; Foley et al., 2001; Moberg, 2000; Relyea, 2005a;
2005b, Romero, 2004; Sih et al., 2004).
2. Potential Effects of Other Acoustic Devices
Multibeam Echosounder: Lamont-Doherty would operate the Kongsberg
EM 122 multibeam echosounder from the source vessel during the planned
survey. Sounds from the multibeam echosounder are very short pulses,
occurring for two to 15 ms once every five to 20 s, depending on water
depth. Most of the energy in the sound pulses emitted by this
echosounder is at frequencies near 12 kHz, and the maximum source level
is 242 dB re: 1 [mu]Pa. The beam is narrow (1 to 2[deg]) in fore-aft
extent and wide (150[deg]) in the cross-track extent. Each ping
consists of eight (in water greater than 1,000 m deep) or four (less
than 1,000 m deep) successive fan-shaped transmissions (segments) at
different cross-track angles. Any given mammal at depth near the
trackline would be in the main beam for only one or two of the
segments. Also, marine mammals that encounter the Kongsberg EM 122 are
unlikely to be subjected to repeated pulses because of the narrow fore-
aft width of the beam and will receive only limited amounts of pulse
energy because of the short pulses. Animals close to the vessel (where
the beam is narrowest) are especially unlikely to be ensonified for
more than one 2- to 15-ms pulse (or two pulses if in the overlap area).
Similarly, Kremser et al. (2005) noted that the probability of a
cetacean swimming through the area of exposure when an echosounder
emits a pulse is small. The animal would have to pass the transducer at
close range and be swimming at speeds similar to the vessel in order to
receive the multiple pulses that might result in sufficient exposure to
cause temporary threshold shift.
NMFS has considered the potential for behavioral responses such as
stranding and indirect injury or mortality from Lamont-Doherty's use of
the multibeam echosounder. In 2013, an International Scientific Review
Panel (ISRP) investigated a 2008 mass stranding of approximately 100
melon-headed whales in a Madagascar lagoon system (Southall et al.,
2013) associated with the use of a high-frequency mapping system. The
report indicated that the use of a 12-kHz multibeam echosounder was the
most plausible and likely initial behavioral trigger of the mass
stranding event. This was the first time that a relatively high-
frequency mapping sonar system had been associated with a stranding
event. However, the report also notes that there were several site- and
situation-specific secondary factors that may have contributed to the
avoidance responses that led to the eventual entrapment and mortality
of the whales within the Loza Lagoon system (e.g., the survey vessel
transiting in a north-south direction on the shelf break parallel to
the shore may have trapped the animals between the sound source and the
shore driving them towards the Loza Lagoon). They concluded that for
odontocete cetaceans that hear well in the 10-50 kHz range, where
ambient noise is typically quite low, high-power active sonars
operating in this range may be more easily audible and have potential
effects over larger areas than low frequency systems that have more
typically been considered in
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terms of anthropogenic noise impacts (Southall, et al., 2013). However,
the risk may be very low given the extensive use of these systems
worldwide on a daily basis and the lack of direct evidence of such
responses previously reported (Southall, et al., 2013).
Navy sonars linked to avoidance reactions and stranding of
cetaceans: (1) Generally have longer pulse duration than the Kongsberg
EM 122; and (2) are often directed close to horizontally versus more
downward for the echosounder. The area of possible influence of the
echosounder is much smaller--a narrow band below the source vessel.
Also, the duration of exposure for a given marine mammal can be much
longer for naval sonar. During Lamont-Doherty's operations, the
individual pulses will be very short, and a given mammal would not
receive many of the downward-directed pulses as the vessel passes by
the animal. The following section outlines possible effects of an
echosounder on marine mammals.
Masking: Marine mammal communications would not be masked
appreciably by the echosounder's signals given the low duty cycle of
the echosounder and the brief period when an individual mammal is
likely to be within its beam. Furthermore, in the case of baleen
whales, the echosounder's signals (12 kHz) do not overlap with the
predominant frequencies in the calls, which would avoid any significant
masking.
Behavioral Responses: Behavioral reactions of free-ranging marine
mammals to sonars, echosounders, and other sound sources appear to vary
by species and circumstance. Observed reactions have included increased
vocalizations and no dispersal by pilot whales (Rendell and Gordon,
1999), and strandings by beaked whales. During exposure to a 21 to 25
kHz ``whale-finding'' sonar with a source level of 215 dB re: 1
[micro]Pa, gray whales reacted by orienting slightly away from the
source and being deflected from their course by approximately 200 m
(Frankel, 2005). When a 38-kHz echosounder and a 150-kHz acoustic
Doppler current profiler were transmitting during studies in the
eastern tropical Pacific Ocean, baleen whales showed no significant
responses, while spotted and spinner dolphins were detected slightly
more often and beaked whales less often during visual surveys
(Gerrodette and Pettis, 2005).
Captive bottlenose dolphins and a beluga whale exhibited changes in
behavior when exposed to 1-s tonal signals at frequencies similar to
those emitted by Lamont-Doherty's echosounder and to shorter broadband
pulsed signals. Behavioral changes typically involved what appeared to
be deliberate attempts to avoid the sound exposure (Schlundt et al.,
2000; Finneran et al., 2002; Finneran and Schlundt, 2004). The
relevance of those data to free-ranging odontocetes is uncertain, and
in any case, the test sounds were quite different in duration as
compared with those from an echosounder.
Hearing Impairment and Other Physical Effects: Given recent
stranding events associated with the operation of mid-frequency
tactical sonar, there is concern that mid-frequency sonar sounds can
cause serious impacts to marine mammals (see earlier discussion).
However, the echosounder proposed for use by the Langseth is quite
different from sonar used for naval operations. The echosounder's pulse
duration is very short relative to the naval sonar. Also, at any given
location, an individual marine mammal would be in the echosounder's
beam for much less time given the generally downward orientation of the
beam and its narrow fore-aft beamwidth; navy sonar often uses near-
horizontally-directed sound. Those factors would all reduce the sound
energy received from the echosounder relative to that from naval sonar.
Lamont-Doherty would also operate a sub-bottom profiler from the
source vessel during the proposed survey. The profiler's sounds are
very short pulses, occurring for one to four ms once every second. Most
of the energy in the sound pulses emitted by the profiler is at 3.5
kHz, and the beam is directed downward. The sub-bottom profiler on the
Langseth has a maximum source level of 222 dB re: 1 [mu]Pa. Kremser et
al. (2005) noted that the probability of a cetacean swimming through
the area of exposure when a bottom profiler emits a pulse is small--
even for a profiler more powerful than that on the Langseth. If the
animal was in the area, it would have to pass the transducer at close
range and be subjected to sound levels that could cause temporary
threshold shift.
Masking: Marine mammal communications would not be masked
appreciably by the profiler's signals given the directionality of the
signal and the brief period when an individual mammal is likely to be
within its beam. Furthermore, in the case of most baleen whales, the
profiler's signals do not overlap with the predominant frequencies in
the calls, which would avoid significant masking.
Behavioral Responses: Responses to the profiler are likely to be
similar to the other pulsed sources discussed earlier if received at
the same levels. However, the pulsed signals from the profiler are
considerably weaker than those from the echosounder.
Hearing Impairment and Other Physical Effects: It is unlikely that
the profiler produces pulse levels strong enough to cause hearing
impairment or other physical injuries even in an animal that is
(briefly) in a position near the source. The profiler operates
simultaneously with other higher-power acoustic sources. Many marine
mammals would move away in response to the approaching higher-power
sources or the vessel itself before the mammals would be close enough
for there to be any possibility of effects from the less intense sounds
from the profiler.
3. Potential Effects of Vessel Movement and Collisions
Vessel movement in the vicinity of marine mammals has the potential
to result in either a behavioral response or a direct physical
interaction. We discuss both scenarios here.
Behavioral Responses to Vessel Movement: There are limited data
concerning marine mammal behavioral responses to vessel traffic and
vessel noise, and a lack of consensus among scientists with respect to
what these responses mean or whether they result in short-term or long-
term adverse effects. In those cases where there is a busy shipping
lane or where there is a large amount of vessel traffic, marine mammals
may experience acoustic masking (Hildebrand, 2005) if they are present
in the area (e.g., killer whales in Puget Sound; Foote et al., 2004;
Holt et al., 2008). In cases where vessels actively approach marine
mammals (e.g., whale watching or dolphin watching boats), scientists
have documented that animals exhibit altered behavior such as increased
swimming speed, erratic movement, and active avoidance behavior (Bursk,
1983; Acevedo, 1991; Baker and MacGibbon, 1991; Trites and Bain, 2000;
Williams et al., 2002; Constantine et al., 2003), reduced blow interval
(Ritcher et al., 2003), disruption of normal social behaviors (Lusseau,
2003; 2006), and the shift of behavioral activities which may increase
energetic costs (Constantine et al., 2003; 2004). A detailed review of
marine mammal reactions to ships and boats is available in Richardson
et al. (1995). For each of the marine mammal taxonomy groups,
Richardson et al. (1995) provides the following assessment regarding
reactions to vessel traffic:
Toothed whales: In summary, toothed whales sometimes show no
avoidance
[[Page 75370]]
reaction to vessels, or even approach them. However, avoidance can
occur, especially in response to vessels of types used to chase or hunt
the animals. This may cause temporary displacement, but we know of no
clear evidence that toothed whales have abandoned significant parts of
their range because of vessel traffic.
Baleen whales: When baleen whales receive low-level sounds from
distant or stationary vessels, the sounds often seem to be ignored.
Some whales approach the sources of these sounds. When vessels approach
whales slowly and non-aggressively, whales often exhibit slow and
inconspicuous avoidance maneuvers. In response to strong or rapidly
changing vessel noise, baleen whales often interrupt their normal
behavior and swim rapidly away. Avoidance is especially strong when a
boat heads directly toward the whale.
Behavioral responses to stimuli are complex and influenced to
varying degrees by a number of factors, such as species, behavioral
contexts, geographical regions, source characteristics (moving or
stationary, speed, direction, etc.), prior experience of the animal,
and physical status of the animal. For example, studies have shown that
beluga whales' reactions varied when exposed to vessel noise and
traffic. In some cases, naive beluga whales exhibited rapid swimming
from ice-breaking vessels up to 80 km (49.7 mi) away, and showed
changes in surfacing, breathing, diving, and group composition in the
Canadian high Arctic where vessel traffic is rare (Finley et al.,
1990). In other cases, beluga whales were more tolerant of vessels, but
responded differentially to certain vessels and operating
characteristics by reducing their calling rates (especially older
animals) in the St. Lawrence River where vessel traffic is common
(Blane and Jaakson, 1994). In Bristol Bay, Alaska, beluga whales
continued to feed when surrounded by fishing vessels and resisted
dispersal even when purposefully harassed (Fish and Vania, 1971).
In reviewing more than 25 years of whale observation data, Watkins
(1986) concluded that whale reactions to vessel traffic were ``modified
by their previous experience and current activity: habituation often
occurred rapidly, attention to other stimuli or preoccupation with
other activities sometimes overcame their interest or wariness of
stimuli.'' Watkins noticed that over the years of exposure to ships in
the Cape Cod area, minke whales changed from frequent positive interest
(e.g., approaching vessels) to generally uninterested reactions; fin
whales changed from mostly negative (e.g., avoidance) to uninterested
reactions; right whales apparently continued the same variety of
responses (negative, uninterested, and positive responses) with little
change; and humpbacks dramatically changed from mixed responses that
were often negative to reactions that were often strongly positive.
Watkins (1986) summarized that ``whales near shore, even in regions
with low vessel traffic, generally have become less wary of boats and
their noises, and they have appeared to be less easily disturbed than
previously. In particular locations with intense shipping and repeated
approaches by boats (such as the whale-watching areas of Stellwagen
Bank), more and more whales had positive reactions to familiar vessels,
and they also occasionally approached other boats and yachts in the
same ways.''
Vessel Strike
Ship strikes of cetaceans can cause major wounds, which may lead to
the death of the animal. An animal at the surface could be struck
directly by a vessel, a surfacing animal could hit the bottom of a
vessel, or a vessel's propeller could injure an animal just below the
surface. The severity of injuries typically depends on the size and
speed of the vessel (Knowlton and Kraus, 2001; Laist et al., 2001;
Vanderlaan and Taggart, 2007).
The most vulnerable marine mammals are those that spend extended
periods of time at the surface in order to restore oxygen levels within
their tissues after deep dives (e.g., the sperm whale). In addition,
some baleen whales, such as the North Atlantic right whale, seem
generally unresponsive to vessel sound, making them more susceptible to
vessel collisions (Nowacek et al., 2004). These species are primarily
large, slow moving whales. Smaller marine mammals (e.g., bottlenose
dolphin) move quickly through the water column and are often seen
riding the bow wave of large ships. Marine mammal responses to vessels
may include avoidance and changes in dive pattern (NRC, 2003).
An examination of all known ship strikes from all shipping sources
(civilian and military) indicates vessel speed is a principal factor in
whether a vessel strike results in death (Knowlton and Kraus, 2001;
Laist et al., 2001; Jensen and Silber, 2003; Vanderlaan and Taggart,
2007). In assessing records with known vessel speeds, Laist et al.
(2001) found a direct relationship between the occurrence of a whale
strike and the speed of the vessel involved in the collision. The
authors concluded that most deaths occurred when a vessel was traveling
in excess of 24.1 km/h (14.9 mph; 13 kts).
Entanglement
Entanglement can occur if wildlife becomes immobilized in survey
lines, cables, nets, or other equipment that is moving through the
water column. The proposed seismic survey would require towing
approximately 8.0 km (4.9 mi) of equipment and cables. This size of the
array generally carries a lower risk of entanglement for marine
mammals. Wildlife, especially slow moving individuals, such as large
whales, have a low probability of entanglement due to the low amount of
slack in the lines, slow speed of the survey vessel, and onboard
monitoring. Lamont-Doherty has no recorded cases of entanglement of
marine mammals during their conduct of over 11 years of seismic surveys
(NSF, 2015).
Anticipated Effects on Marine Mammal Habitat
The primary potential impacts to marine mammal habitat and other
marine species are associated with elevated sound levels produced by
airguns. This section describes the potential impacts to marine mammal
habitat from the specified activity.
Anticipated Effects on Fish as Prey Species
NMFS considered the effects of the survey on marine mammal prey
(i.e., fish and invertebrates), as a component of marine mammal habitat
in the following subsections.
There are three types of potential effects of exposure to seismic
surveys: (1) Pathological, (2) physiological, and (3) behavioral.
Pathological effects involve lethal and temporary or permanent sub-
lethal injury. Physiological effects involve temporary and permanent
primary and secondary stress responses, such as changes in levels of
enzymes and proteins. Behavioral effects refer to temporary and (if
they occur) permanent changes in exhibited behavior (e.g., startle and
avoidance behavior). The three categories are interrelated in complex
ways. For example, it is possible that certain physiological and
behavioral changes could potentially lead to an ultimate pathological
effect on individuals (i.e., mortality).
The available information on the impacts of seismic surveys on
marine fish is from studies of individuals or portions of a population.
There have been no studies at the population scale. The studies of
individual fish have often been on caged fish that were exposed to
[[Page 75371]]
airgun pulses in situations not representative of an actual seismic
survey. Thus, available information provides limited insight on
possible real-world effects at the ocean or population scale.
Hastings and Popper (2005), Popper (2009), and Popper and Hastings
(2009) provided recent critical reviews of the known effects of sound
on fish. The following sections provide a general synopsis of the
available information on the effects of exposure to seismic and other
anthropogenic sound as relevant to fish. The information comprises
results from scientific studies of varying degrees of rigor plus some
anecdotal information. Some of the data sources may have serious
shortcomings in methods, analysis, interpretation, and reproducibility
that must be considered when interpreting their results (see Hastings
and Popper, 2005). Potential adverse effects of the program's sound
sources on marine fish are noted.
Pathological Effects: The potential for pathological damage to
hearing structures in fish depends on the energy level of the received
sound and the physiology and hearing capability of the species in
question. For a given sound to result in hearing loss, the sound must
exceed, by some substantial amount, the hearing threshold of the fish
for that sound (Popper, 2005). The consequences of temporary or
permanent hearing loss in individual fish on a fish population are
unknown; however, they likely depend on the number of individuals
affected and whether critical behaviors involving sound (e.g., predator
avoidance, prey capture, orientation and navigation, reproduction,
etc.) are adversely affected.
There are few data about the mechanisms and characteristics of
damage impacting fish by exposure to seismic survey sounds. Peer-
reviewed scientific literature has presented few data on this subject.
NMFS is aware of only two papers with proper experimental methods,
controls, and careful pathological investigation that implicate sounds
produced by actual seismic survey airguns in causing adverse anatomical
effects. One such study indicated anatomical damage, and the second
indicated temporary threshold shift in fish hearing. The anatomical
case is McCauley et al. (2003), who found that exposure to airgun sound
caused observable anatomical damage to the auditory maculae of pink
snapper (Pagrus auratus). This damage in the ears had not been repaired
in fish sacrificed and examined almost two months after exposure. On
the other hand, Popper et al. (2005) documented only temporary
threshold shift (as determined by auditory brainstem response) in two
of three fish species from the Mackenzie River Delta. This study found
that broad whitefish (Coregonus nasus) exposed to five airgun shots
were not significantly different from those of controls. During both
studies, the repetitive exposure to sound was greater than what would
have occurred during a typical seismic survey. However, the substantial
low-frequency energy produced by the airguns (less than 400 Hz in the
study by McCauley et al. (2003) and less than approximately 200 Hz in
Popper et al. (2005)) likely did not propagate to the fish because the
water in the study areas was very shallow (approximately 9 m in the
former case and less than 2 m in the latter). Water depth sets a lower
limit on the lowest sound frequency that will propagate (i.e., the
cutoff frequency) at about one-quarter wavelength (Urick, 1983; Rogers
and Cox, 1988).
Wardle et al. (2001) suggested that in water, acute injury and
death of organisms exposed to seismic energy depends primarily on two
features of the sound source: (1) The received peak pressure and (2)
the time required for the pressure to rise and decay. Generally, as
received pressure increases, the period for the pressure to rise and
decay decreases, and the chance of acute pathological effects
increases. According to Buchanan et al. (2004), for the types of
seismic airguns and arrays involved with the proposed program, the
pathological (mortality) zone for fish would be expected to be within a
few meters of the seismic source. Numerous other studies provide
examples of no fish mortality upon exposure to seismic sources (Falk
and Lawrence, 1973; Holliday et al., 1987; La Bella et al., 1996;
Santulli et al., 1999; McCauley et al., 2000a,b, 2003; Bjarti, 2002;
Thomsen, 2002; Hassel et al., 2003; Popper et al., 2005; Boeger et al.,
2006).
The National Park Service conducted an experiment of the effects of
a single 700 in\3\ airgun in Lake Meade, Nevada (USGS, 1999) to
understand the effects of a marine reflection survey of the Lake Meade
fault system (Paulson et al., 1993, in USGS, 1999). The researchers
suspended the airgun 3.5 m (11.5 ft) above a school of threadfin shad
in Lake Meade and fired three successive times at a 30 s interval.
Neither surface inspection nor diver observations of the water column
and bottom found any dead fish.
For a proposed seismic survey in Southern California, USGS (1999)
conducted a review of the literature on the effects of airguns on fish
and fisheries. They reported a 1991 study of the Bay Area Fault system
from the continental shelf to the Sacramento River, using a 10 airgun
(5,828 in\3\) array. Brezzina and Associates, hired by USGS to monitor
the effects of the surveys, concluded that airgun operations were not
responsible for the death of any of the fish carcasses observed, and
the airgun profiling did not appear to alter the feeding behavior of
sea lions, seals, or pelicans observed feeding during the seismic
surveys.
Some studies have reported that mortality of fish, fish eggs, or
larvae can occur close to seismic sources (Kostyuchenko, 1973; Dalen
and Knutsen, 1986; Booman et al., 1996; Dalen et al., 1996). Some of
the reports claimed seismic effects from treatments quite different
from actual seismic survey sounds or even reasonable surrogates.
However, Payne et al. (2009) reported no statistical differences in
mortality/morbidity between control and exposed groups of capelin eggs
or monkfish larvae. Saetre and Ona (1996) applied a worst-case
scenario, mathematical model to investigate the effects of seismic
energy on fish eggs and larvae. The authors concluded that mortality
rates caused by exposure to seismic surveys were low, as compared to
natural mortality rates, and suggested that the impact of seismic
surveying on recruitment to a fish stock was not significant.
Physiological Effects: Physiological effects refer to cellular and/
or biochemical responses of fish to acoustic stress. Such stress
potentially could affect fish populations by increasing mortality or
reducing reproductive success. Primary and secondary stress responses
of fish after exposure to seismic survey sound appear to be temporary
in all studies done to date (Sverdrup et al., 1994; Santulli et al.,
1999; McCauley et al., 2000a,b). The periods necessary for the
biochemical changes to return to normal are variable and depend on
numerous aspects of the biology of the species and of the sound
stimulus.
Behavioral Effects: Behavioral effects include changes in the
distribution, migration, mating, and catchability of fish populations.
Studies investigating the possible effects of sound (including seismic
survey sound) on fish behavior have been conducted on both uncaged and
caged individuals (e.g., Chapman and Hawkins, 1969; Pearson et al.,
1992; Santulli et al., 1999; Wardle et al., 2001; Hassel et al., 2003).
Typically, in these studies fish exhibited a sharp startle response at
the onset of a sound followed by habituation and a return to normal
behavior after the sound ceased.
[[Page 75372]]
The former Minerals Management Service (MMS, 2005) assessed the
effects of a proposed seismic survey in Cook Inlet, Alaska. The seismic
survey proposed using three vessels, each towing two, four-airgun
arrays ranging from 1,500 to 2,500 in\3\. The Minerals Management
Service noted that the impact to fish populations in the survey area
and adjacent waters would likely be very low and temporary and also
concluded that seismic surveys may displace the pelagic fishes from the
area temporarily when airguns are in use. However, fishes displaced and
avoiding the airgun noise are likely to backfill the survey area in
minutes to hours after cessation of seismic testing. Fishes not
dispersing from the airgun noise (e.g., demersal species) may startle
and move short distances to avoid airgun emissions.
In general, any adverse effects on fish behavior or fisheries
attributable to seismic testing may depend on the species in question
and the nature of the fishery (season, duration, fishing method). They
may also depend on the age of the fish, its motivational state, its
size, and numerous other factors that are difficult, if not impossible,
to quantify at this point, given such limited data on effects of
airguns on fish, particularly under realistic at-sea conditions
(Lokkeborg et al., 2012; Fewtrell and McCauley, 2012). NMFS would
expect prey species to return to their pre-exposure behavior once
seismic firing ceased (Lokkeborg et al., 2012; Fewtrell and McCauley,
2012).
Anticipated Effects on Invertebrates
The existing body of information on the impacts of seismic survey
sound on marine invertebrates is very limited. However, there is some
unpublished and very limited evidence of the potential for adverse
effects on invertebrates, thereby justifying further discussion and
analysis of this issue. The three types of potential effects of
exposure to seismic surveys on marine invertebrates are pathological,
physiological, and behavioral. Based on the physical structure of their
sensory organs, marine invertebrates appear to be specialized to
respond to particle displacement components of an impinging sound field
and not to the pressure component (Popper et al., 2001). The only
information available on the impacts of seismic surveys on marine
invertebrates involves studies of individuals; there have been no
studies at the population scale. Thus, available information provides
limited insight on possible real-world effects at the regional or ocean
scale.
Moriyasu et al. (2004) and Payne et al. (2008) provide literature
reviews of the effects of seismic and other underwater sound on
invertebrates. The following sections provide a synopsis of available
information on the effects of exposure to seismic survey sound on
species of decapod crustaceans and cephalopods, the two taxonomic
groups of invertebrates on which most such studies have been conducted.
The available information is from studies with variable degrees of
scientific soundness and from anecdotal information. A more detailed
review of the literature on the effects of seismic survey sound on
invertebrates is in Appendix E of NSF's 2011 Programmatic Environmental
Impact Statement (NSF/USGS, 2011).
Pathological Effects: In water, lethal and sub-lethal injury to
organisms exposed to seismic survey sound appears to depend on at least
two features of the sound source: (1) The received peak pressure; and
(2) the time required for the pressure to rise and decay. Generally, as
received pressure increases, the period for the pressure to rise and
decay decreases, and the chance of acute pathological effects
increases. For the type of airgun array planned for the proposed
program, the pathological (mortality) zone for crustaceans and
cephalopods is expected to be within a few meters of the seismic
source, at most; however, very few specific data are available on
levels of seismic signals that might damage these animals. This premise
is based on the peak pressure and rise/decay time characteristics of
seismic airgun arrays currently in use around the world.
Some studies have suggested that seismic survey sound has a limited
pathological impact on early developmental stages of crustaceans
(Pearson et al., 1994; Christian et al., 2003; DFO, 2004). However, the
impacts appear to be either temporary or insignificant compared to what
occurs under natural conditions. Controlled field experiments on adult
crustaceans (Christian et al., 2003, 2004; DFO, 2004) and adult
cephalopods (McCauley et al., 2000a,b) exposed to seismic survey sound
have not resulted in any significant pathological impacts on the
animals. It has been suggested that exposure to commercial seismic
survey activities has injured giant squid (Guerra et al., 2004), but
the article provides little evidence to support this claim.
Tenera Environmental (2011) reported that Norris and Mohl (1983,
summarized in Mariyasu et al., 2004) observed lethal effects in squid
(Loligo vulgaris) at levels of 246 to 252 dB after 3 to 11 minutes.
Another laboratory study observed abnormalities in larval scallops
after exposure to low frequency noise in tanks (de Soto et al., 2013).
Andre et al. (2011) exposed four cephalopod species (Loligo
vulgaris, Sepia officinalis, Octopus vulgaris, and Ilex coindetii) to
two hours of continuous sound from 50 to 400 Hz at 157 5
dB re: 1 [mu]Pa. They reported lesions to the sensory hair cells of the
statocysts of the exposed animals that increased in severity with time,
suggesting that cephalopods are particularly sensitive to low-frequency
sound. The received sound pressure level was 157 +/-5 dB re: 1
[micro]Pa, with peak levels at 175 dB re: 1 [micro]Pa. As in the
McCauley et al. (2003) paper on sensory hair cell damage in pink
snapper as a result of exposure to seismic sound, the cephalopods were
subjected to higher sound levels than they would be under natural
conditions, and they were unable to swim away from the sound source.
Physiological Effects: Physiological effects refer mainly to
biochemical responses by marine invertebrates to acoustic stress. Such
stress potentially could affect invertebrate populations by increasing
mortality or reducing reproductive success. Studies have noted primary
and secondary stress responses (i.e., changes in haemolymph levels of
enzymes, proteins, etc.) of crustaceans occurring several days or
months after exposure to seismic survey sounds (Payne et al., 2007).
The authors noted that crustaceans exhibited no behavioral impacts
(Christian et al., 2003, 2004; DFO, 2004). The periods necessary for
these biochemical changes to return to normal are variable and depend
on numerous aspects of the biology of the species and of the sound
stimulus.
Behavioral Effects: There is increasing interest in assessing the
possible direct and indirect effects of seismic and other sounds on
invertebrate behavior, particularly in relation to the consequences for
fisheries. Changes in behavior could potentially affect such aspects as
reproductive success, distribution, susceptibility to predation, and
catchability by fisheries. Studies investigating the possible
behavioral effects of exposure to seismic survey sound on crustaceans
and cephalopods have been conducted on both uncaged and caged animals.
In some cases, invertebrates exhibited startle responses (e.g., squid
in McCauley et al., 2000). In other cases, the authors observed no
behavioral impacts (e.g., crustaceans in Christian et al., 2003, 2004;
DFO, 2004). There have been anecdotal reports of
[[Page 75373]]
reduced catch rates of shrimp shortly after exposure to seismic
surveys; however, other studies have not observed any significant
changes in shrimp catch rate (Andriguetto-Filho et al., 2005).
Similarly, Parry and Gason (2006) did not find any evidence that
lobster catch rates were affected by seismic surveys. Any adverse
effects on crustacean and cephalopod behavior or fisheries attributable
to seismic survey sound depend on the species in question and the
nature of the fishery (season, duration, fishing method).
In examining impacts to fish and invertebrates as prey species for
marine mammals, we expect fish to exhibit a range of behaviors
including no reaction or habituation (Pe[ntilde]a et al., 2013) to
startle responses and/or avoidance (Fewtrell and McCauley, 2012). We
expect that the seismic survey would have no more than a temporary and
minimal adverse effect on any fish or invertebrate species. Although
there is a potential for injury to fish or marine life in close
proximity to the vessel, we expect that the impacts of the seismic
survey on fish and other marine life specifically related to acoustic
activities would be temporary in nature, negligible, and would not
result in substantial impact to these species or to their role in the
ecosystem. Based on the preceding discussion, NMFS does not anticipate
that the proposed activity would have any habitat-related effects that
could cause significant or long-term consequences for individual marine
mammals or their populations.
Proposed Mitigation
In order to issue an Incidental Harassment Authorization 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 on the availability of
such species or stock for taking for certain subsistence uses (where
relevant).
Lamont-Doherty has reviewed the following source documents and has
incorporated a suite of proposed mitigation measures into their project
description.
(1) Protocols used during previous Lamont-Doherty and NSF-funded
seismic research cruises as approved by us and detailed in the NSF's
2011 PEIS and 2015 draft environmental analysis;
(2) Previous incidental harassment authorizations applications and
authorizations that NMFS has approved and authorized; 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, Lamont-Doherty, and/or its designees
have proposed to implement the following mitigation measures for marine
mammals:
(1) Vessel-based visual mitigation monitoring;
(2) Proposed exclusion zones;
(3) Power down procedures;
(4) Shutdown procedures;
(5) Ramp-up procedures; and
(6) Speed and course alterations.
NMFS reviewed Lamont-Doherty's proposed mitigation measures and has
proposed an additional measure to effect the least practicable adverse
impact on marine mammals. They are:
(1) Expanded power down procedures for concentrations of six or
more whales that do not appear to be traveling (e.g., feeding,
socializing, etc.).
Vessel-Based Visual Mitigation Monitoring
Lamont-Doherty would position observers aboard the seismic source
vessel to watch for marine mammals near the vessel during daytime
airgun operations and during any start-ups at night. Observers would
also watch for marine mammals near the seismic vessel for at least 30
minutes prior to the start of airgun operations after an extended
shutdown (i.e., greater than approximately eight minutes for this
proposed cruise). When feasible, the observers would 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 the
observations, the Langseth would power down or shutdown the airguns
when marine mammals are observed within or about to enter a designated
exclusion zone for cetaceans or pinnipeds.
During seismic operations, at least four protected species
observers would be aboard the Langseth. Lamont-Doherty would appoint
the observers with NMFS concurrence, and they would conduct
observations during ongoing daytime operations and nighttime ramp-ups
of the airgun array. During the majority of seismic operations, two
observers would be on duty from the observation tower to monitor marine
mammals near the seismic vessel. Using two observers would increase the
effectiveness of detecting animals near the source vessel. However,
during mealtimes and bathroom breaks, it is sometimes difficult to have
two observers on effort, but at least one observer would be on watch
during bathroom breaks and mealtimes. Observers would be on duty in
shifts of no longer than four hours in duration.
Two observers on the Langseth would also be on visual watch during
all nighttime ramp-ups of the seismic airguns. A third observer would
monitor the passive acoustic monitoring 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 observers
(visual) on duty from the observation tower, and an observer (acoustic)
on the passive acoustic monitoring system. Before the start of the
seismic survey, Lamont-Doherty would instruct the vessel's crew to
assist in detecting marine mammals and implementing mitigation
requirements.
The Langseth is a suitable platform for marine mammal observations.
When stationed on the observation platform, the eye level would be
approximately 21.5 m (70.5 ft) above sea level, and the observer would
have a good view around the entire vessel. During daytime, the
observers would 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
would 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) would be
available to assist with distance estimation. They are useful in
training observers to estimate distances visually, but are generally
not useful in measuring distances to animals directly. The user
measures distances to animals with the reticles in the binoculars.
Lamont-Doherty would immediately power down or shutdown the airguns
when observers see marine mammals within or about to enter the
designated exclusion zone. The observer(s) would continue to maintain
watch to determine when the animal(s) are outside the exclusion zone by
visual confirmation. Airgun operations would not resume until the
observer has confirmed that the animal has left the zone, 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).
[[Page 75374]]
Proposed Mitigation Exclusion Zones
Lamont-Doherty would use safety radii to designate exclusion zones
and to estimate take for marine mammals. Table 3 shows the distances at
which one would expect to receive sound levels (160-, 180-, and 190-
dB,) from the airgun array and a single airgun. If the protected
species visual observer detects marine mammal(s) within or about to
enter the appropriate exclusion zone, the Langseth crew would
immediately power down the airgun array, or perform a shutdown if
necessary (see Shut-down Procedures).
Table 3--Predicted Distances to Which Sound Levels Greater Than or Equal to 160 re: 1 [micro]Pa Could Be
Received During the Proposed Survey Areas Within the South Atlantic Ocean
[January through March, 2016]
----------------------------------------------------------------------------------------------------------------
Predicted RMS distances \1\ (m)
Source and volume (in\3\) Tow depth (m) Water depth -----------------------------------------------
(m) 190 dB 180 dB 160 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun.............. 9 > 1,000 100 100 388
(40 in\3\)......................
36-Airgun Array................. 9 > 1,000 286 927 5,780
(6,600 in\3\)...................
----------------------------------------------------------------------------------------------------------------
\1\ Predicted distances based on information presented in Lamont-Doherty's application.
The 180- or 190-dB level shutdown criteria are applicable to
cetaceans and pinnipeds respectively as specified by NMFS (2000).
Lamont-Doherty used these levels to establish the exclusion zones as
presented in their application.
Lamont-Doherty used a process to develop and confirm the
conservativeness of the mitigation radii for a shallow-water seismic
survey in the northeast Pacific Ocean offshore Washington in 2012.
Crone et al. (2014) analyzed the received sound levels from the 2012
survey and reported that the actual distances for the exclusion and
buffer zones were two to three times smaller than what Lamont-Doherty's
modeling approach predicted. While these results confirm the role that
bathymetry plays in propagation, they also confirm that empirical
measurements from the Gulf of Mexico survey likely over-estimated the
size of the exclusion zones for the 2012 Washington shallow-water
seismic surveys. NMFS reviewed this preliminary information in
consideration of how these data reflect on the accuracy of Lamont-
Doherty's current modeling approach.
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 exclusion zone is smaller to
the extent that marine mammals are no longer within or about to enter
the exclusion zone. 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, the Langseth would operate one airgun (40
in\3\). The continued operation of one airgun would alert marine
mammals to the presence of the seismic vessel in the area. A shutdown
occurs when the Langseth suspends all airgun activity.
If the observer detects a marine mammal outside the exclusion zone
and the animal is likely to enter the zone, the crew would power down
the airguns to reduce the size of the 180-dB or 190-dB exclusion zone
before the animal enters that zone. Likewise, if a mammal is already
within the zone after detection, the crew would power-down the airguns
immediately. During a power down of the airgun array, the crew would
operate a single 40-in\3\ airgun which has a smaller exclusion zone. If
the observer detects a marine mammal within or near the smaller
exclusion zone around the airgun (Table 3), the crew would shut down
the single airgun (see next section).
Resuming Airgun Operations After a Power Down
Following a power-down, the Langseth crew would not resume full
airgun activity until the marine mammal has cleared the 180-dB or 190-
dB exclusion zone. The observers would consider the animal to have
cleared the exclusion zone if:
The observer has visually observed the animal leave the
exclusion zone; or
An observer has not sighted the animal within the
exclusion zone 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 Langseth crew would resume operating the airguns at full power
after 15 minutes of sighting any species with short dive durations
(i.e., small odontocetes or pinnipeds). Likewise, the crew would resume
airgun operations at full power after 30 minutes of sighting any
species with longer dive durations (i.e., mysticetes and large
odontocetes, including sperm, pygmy sperm, dwarf sperm, and beaked
whales).
NMFS estimates that the Langseth would transit outside the original
180-dB or 190-dB exclusion zone after an 8-minute wait period. This
period is based on the average speed of the Langseth while operating
the airguns (8.5 km/h; 5.3 mph). Because the vessel has transited away
from the vicinity of the original sighting during the 8-minute period,
implementing ramp-up procedures for the full array after an extended
power down (i.e., transiting for an additional 35 minutes from the
location of initial sighting) would not meaningfully increase the
effectiveness of observing marine mammals approaching or entering the
exclusion zone for the full source level and would not further minimize
the potential for take. The Langseth's observers are continually
monitoring the exclusion zone for the full source level while the
mitigation airgun is firing. On average, observers can observe to the
horizon (10 km; 6.2 mi) from the height of the Langseth's observation
deck and should be able to say with a reasonable degree of confidence
whether a marine mammal would be encountered within this distance
before resuming airgun operations at full power.
Shutdown Procedures
The Langseth crew would shut down the operating airgun(s) if they
see a marine mammal within or approaching the exclusion zone for the
single airgun. The crew would implement a shutdown:
(1) If an animal enters the exclusion zone of the single airgun
after the crew has initiated a power down; or
(2) If an observer sees the animal is initially within the
exclusion zone of
[[Page 75375]]
the single airgun when more than one airgun (typically the full airgun
array) is operating.
Resuming Airgun Operations after a Shutdown: Following a shutdown
in excess of eight minutes, the Langseth crew would initiate a ramp-up
with the smallest airgun in the array (40-in\3\). The crew would turn
on additional airguns in a sequence such that the source level of the
array would increase in steps not exceeding 6 dB per five-minute period
over a total duration of approximately 30 minutes. During ramp-up, the
observers would monitor the exclusion zone, and if he/she sees a marine
mammal, the Langseth crew would implement a power down or shutdown as
though the full airgun array were operational.
During periods of active seismic operations, there are occasions
when the Langseth crew would need to temporarily shut down the airguns
due to equipment failure or for maintenance. In this case, if the
airguns are inactive longer than eight minutes, the crew would follow
ramp-up procedures for a shutdown described earlier and the observers
would monitor the full exclusion zone and would implement a power down
or shutdown if necessary.
If the full exclusion zone is not visible to the observer for at
least 30 minutes prior to the start of operations in either daylight or
nighttime, the Langseth crew would not commence 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 vessel's crew would not ramp up the airgun array
from a complete shutdown at night or in thick fog, because the outer
part of the zone for that array would not be visible during those
conditions.
If one airgun has operated during a power down period, ramp-up to
full power would be permissible at night or in poor visibility, on the
assumption that marine mammals would be alerted to the approaching
seismic vessel by the sounds from the single airgun and could move
away. The vessel's crew would not initiate a ramp-up of the airguns if
an observer sees the marine mammal within or near the applicable
exclusion zones during the day or close to the vessel at night.
Ramp-Up Procedures
Ramp-up of an airgun array provides a gradual increase in sound
levels, and involves a step-wise increase in the number and total
volume of airguns firing until the full volume of the airgun array is
achieved. The purpose of a ramp-up is to ``warn'' marine mammals in the
vicinity of the airguns, and to provide the time for them to leave the
area and thus avoid any potential injury or impairment of their hearing
abilities. Lamont-Doherty would follow a ramp-up procedure when the
airgun array begins operating after an 8 minute period without airgun
operations or when shut down has exceeded that period. Lamont-Doherty
has used similar waiting periods (approximately eight to 10 minutes)
during previous seismic surveys.
Ramp-up would begin with the smallest airgun in the array (40-
in\3\). The crew would add airguns in a sequence such that the source
level of the array would increase in steps not exceeding six dB per
five minute period over a total duration of approximately 30 to 35
minutes. During ramp-up, the observers would monitor the exclusion
zone, and if marine mammals are sighted, Lamont-Doherty would implement
a power-down or shut-down as though the full airgun array were
operational.
If the complete exclusion zone has not been visible for at least 30
minutes prior to the start of operations in either daylight or
nighttime, Lamont-Doherty would 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 crew would not ramp up the airgun array from a
complete shut-down at night or in thick fog, because the outer part of
the exclusion zone for that array would not be visible during those
conditions. If one airgun has operated during a power-down period,
ramp-up to full power would be permissible at night or in poor
visibility, on the assumption that marine mammals would be alerted to
the approaching seismic vessel by the sounds from the single airgun and
could move away. Lamont-Doherty would not initiate a ramp-up of the
airguns if an observer sights a marine mammal within or near the
applicable exclusion zones. NMFS refers the reader to Figure 2, which
presents a flowchart representing the ramp-up, power down, and shut
down protocols described in this notice.
BILLING CODE 3510-22-C
[[Page 75376]]
[GRAPHIC] [TIFF OMITTED] TN01DE15.057
BILLING CODE 3510-22-P
Special Procedures for Concentrations of Large Whales
The Langseth would avoid exposing concentrations of large whales to
sounds greater than 160 dB re: 1 [micro]Pa within the 160-dB zone and
would power down the array, if necessary. For purposes of this proposed
survey, a concentration or
[[Page 75377]]
group of whales would consist of six or more individuals visually
sighted that do not appear to be traveling (e.g., feeding, socializing,
etc.).
Speed and Course Alterations
If during seismic data collection, Lamont-Doherty detects marine
mammals outside the exclusion zone and, based on the animal's position
and direction of travel, is likely to enter the exclusion zone, the
Langseth would change speed and/or direction if this does not
compromise operational safety. Due to the limited maneuverability of
the primary survey vessel, altering speed, and/or course can result in
an extended period of time to realign the Langseth to the transect
line. However, if the animal(s) appear likely to enter the exclusion
zone, the Langseth would undertake further mitigation actions,
including a power down or shut down of the airguns.
Mitigation Conclusions
NMFS has carefully evaluated Lamont-Doherty's proposed mitigation
measures in the context of ensuring that we prescribe the means of
effecting the least practicable 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:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed here:
1. Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal).
2. A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to airgun
operations that we expect to result in the take of marine mammals (this
goal may contribute to 1, above, or to reducing harassment takes only).
3. A reduction in the number of times (total number or number at
biologically important time or location) individuals would be exposed
to airgun operations that we expect to result in the take of marine
mammals (this goal may contribute to 1, above, or to reducing
harassment takes only).
4. A reduction in the intensity of exposures (either total number
or number at biologically important time or location) to airgun
operations that we expect to result in the take of marine mammals (this
goal may contribute to a, above, or to reducing the severity of
harassment takes only).
5. Avoidance or minimization of adverse effects to marine mammal
habitat, paying special attention to the food base, activities that
block or limit passage to or from biologically important areas,
permanent destruction of habitat, or temporary destruction/disturbance
of habitat during a biologically important time.
6. For monitoring directly related to mitigation--an increase in
the probability of detecting marine mammals, thus allowing for more
effective implementation of the mitigation.
Based on the evaluation of Lamont-Doherty's proposed measures, as
well as other measures proposed by NMFS (i.e., special procedures for
concentrations of large whales), NMFS has preliminarily determined that
the proposed mitigation measures provide the means of effecting the
least practicable impact on marine mammal species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Proposed Monitoring
In order to issue an Incidental Harassment Authorization for an
activity, section 101(a)(5)(D) of the MMPA states that NMFS must set
forth ``requirements pertaining to the monitoring and reporting of such
taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13)
indicate that requests for Authorizations must include the suggested
means of accomplishing the necessary monitoring and reporting that will
result in increased knowledge of the species and of the level of taking
or impacts on populations of marine mammals that we expect to be
present in the proposed action area.
Lamont-Doherty submitted a marine mammal monitoring plan in section
XIII of the Authorization application. NMFS, NSF, or Lamont-Doherty may
modify or supplement the plan based on comments or new information
received from the public during the public comment period.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
1. An increase in the probability of detecting marine mammals, both
within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and during other times and locations,
in order to generate more data to contribute to the analyses mentioned
later;
2. An increase in our understanding of how many marine mammals
would be affected by seismic airguns and other active acoustic sources
and the likelihood of associating those exposures with specific adverse
effects, such as behavioral harassment, temporary or permanent
threshold shift;
3. An increase in our understanding of how marine mammals respond
to stimuli that we expect to result in take and how those anticipated
adverse effects on individuals (in different ways and to varying
degrees) may impact the population, species, or stock (specifically
through effects on annual rates of recruitment or survival) through any
of the following methods:
a. Behavioral observations in the presence of stimuli compared to
observations in the absence of stimuli (i.e., to be able to accurately
predict received level, distance from source, and other pertinent
information);
b. Physiological measurements in the presence of stimuli compared
to observations in the absence of stimuli (i.e., to be able to
accurately predict received level, distance from source, and other
pertinent information);
c. Distribution and/or abundance comparisons in times or areas with
concentrated stimuli versus times or areas without stimuli;
4. An increased knowledge of the affected species; and
5. An increase in our understanding of the effectiveness of certain
mitigation and monitoring measures.
Proposed Monitoring Measures
Lamont-Doherty proposes to sponsor marine mammal monitoring during
the present project to supplement the mitigation measures that require
real-time monitoring, and to satisfy the monitoring requirements of the
Authorization. Lamont-Doherty understands that NMFS would review the
monitoring plan and may require refinements to the plan. Lamont-Doherty
planned the monitoring work as a self-contained project independent of
any other related monitoring projects that may occur in the same
regions at the same time. Further, Lamont-Doherty is prepared to
discuss coordination of its monitoring program with any other related
work that might be conducted by other groups working insofar as it is
practical for Lamont-Doherty.
[[Page 75378]]
Vessel-Based Passive Acoustic Monitoring
Passive acoustic monitoring would complement the visual mitigation
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. Passive acoustical monitoring
can improve detection, identification, and localization of cetaceans
when used in conjunction with visual observations. The passive acoustic
monitoring would 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 acoustic observer would monitor
the system in real time so that he/she can advise the visual observers
if they acoustically detect cetaceans.
The passive acoustic monitoring system consists of hardware (i.e.,
hydrophones) and software. The ``wet end'' of the system consists of a
towed hydrophone array 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, attached to the free end
of the cable, typically towed at depths less than 20 m (65.6 ft). The
Langseth crew would deploy the array from a winch located on the back
deck. A deck cable would connect the tow cable to the electronics unit
in the main computer lab where the acoustic station, signal
conditioning, and processing system would be located. The Pamguard
software amplifies, digitizes, and then processes the acoustic signals
received by the hydrophones. The system can detect marine mammal
vocalizations at frequencies up to 250 kHz.
One acoustic observer, an expert bioacoustician with primary
responsibility for the passive acoustic monitoring system would be
aboard the Langseth in addition to the other visual observers who would
rotate monitoring duties. The acoustic observer would 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, passive acoustic monitoring may not be possible if
damage occurs to both the primary and back-up hydrophone arrays during
operations. The primary passive acoustic monitoring 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 acoustic observer would 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 observer monitoring the
acoustical data would be on shift for one to six hours at a time. The
other observers would rotate as an acoustic observer, although the
expert acoustician would be on passive acoustic monitoring duty more
frequently.
When the acoustic observer detects a vocalization while visual
observations are in progress, the acoustic observer on duty would
contact the visual observer immediately, to alert him/her to the
presence of cetaceans (if they have not already been seen), so that the
vessel's crew can initiate a power down or shutdown, if required. The
observer would enter the information regarding the call into a
database. Data entry would 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. Acousticians record
the acoustic detection for further analysis.
Observer Data and Documentation
Observers would record data to estimate the numbers of marine
mammals exposed to various received sound levels and to document
apparent disturbance reactions or lack thereof. They would use the data
to help better understand the impacts of the activity on marine mammals
and 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 exclusion zone.
When an observer makes a sighting, they will record the following
information:
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 observer will record the data listed under (2) 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.
Observers will record all observations and power downs or shutdowns
in a standardized format and will enter data into an electronic
database. The observers will verify the accuracy of the data entry by
computerized data validity checks during data entry and by subsequent
manual checking of the database. These procedures will allow the
preparation of initial summaries of data 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
shutdown).
2. Information needed to estimate the number of marine mammals
potentially taken by harassment, which Lamont-Doherty must report to
the Office of Protected Resources.
3. Data on the occurrence, distribution, and activities of marine
mammals and turtles in the area where Lamont-Doherty would conduct the
seismic study.
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
detected during non-active and active seismic operations.
Proposed Reporting
Lamont-Doherty would submit a report to us and to NSF within 90
days after the end of the cruise. The report would describe the
operations conducted and sightings of marine mammals near the
operations. The report would provide full documentation of methods,
results, and interpretation pertaining to all monitoring. The 90-day
report would summarize the dates and locations of seismic operations,
and all marine mammal sightings (dates, times, locations, activities,
associated seismic survey activities). The report would also include
estimates of the number and nature of exposures that occurred above
[[Page 75379]]
the harassment threshold based on the observations.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner not permitted by the
authorization (if issued), such as an injury, serious injury, or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
Lamont-Doherty shall immediately cease the specified activities and
immediately report the take to the Chief Permits and Conservation
Division, Office of Protected Resources, NMFS. 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).
Lamont-Doherty shall not resume its activities until we are able to
review the circumstances of the prohibited take. We shall work with
Lamont-Doherty to determine what is necessary to minimize the
likelihood of further prohibited take and ensure MMPA compliance.
Lamont-Doherty may not resume their activities until notified by us via
letter, email, or telephone.
In the event that Lamont-Doherty discovers an injured or dead
marine mammal, and the lead visual observer 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 as we describe in
the next paragraph), Lamont-Doherty will immediately report the
incident to the Chief Permits and Conservation Division, Office of
Protected Resources, NMFS. 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 would work
with Lamont-Doherty to determine whether modifications in the
activities are appropriate.
In the event that Lamont-Doherty discovers an injured or dead
marine mammal, and the lead visual observer determines that the injury
or death is not associated with or related to the authorized activities
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), Lamont-Doherty would report the
incident to the Chief Permits and Conservation Division, Office of
Protected Resources, NMFS, within 24 hours of the discovery. Lamont-
Doherty would 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,
section 3(18) 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].
Acoustic stimuli (i.e., increased underwater sound) generated
during the operation of the airgun array may have the potential to
result in the behavioral disturbance of some marine mammals and may
have an even smaller potential to result in permanent threshold shift
(non-lethal injury) of some marine mammals. NMFS expects that the
proposed mitigation and monitoring measures would minimize the
possibility of injurious or lethal takes. However, NMFS cannot discount
the possibility (albeit small) that exposure to energy from the
proposed survey could result in non-lethal injury (Level A harassment).
Thus, NMFS proposes to authorize take by Level B harassment and Level A
harassment resulting from the operation of the sound sources for the
proposed seismic survey based upon the current acoustic exposure
criteria shown in Table 4 subject to the limitations in take described
in Table 5 later in this notice.
Table 4--NMFS' Current Acoustic Exposure Criteria
------------------------------------------------------------------------
Criterion Criterion definition Threshold
------------------------------------------------------------------------
Level A Harassment (Injury). Permanent Threshold 180 dB re 1 microPa-
Shift (PTS) (Any m (cetaceans)/190
level above that dB re 1 microPa-m
which is known to (pinnipeds) root
cause TTS). mean square (rms)
Level B Harassment.......... Behavioral 160 dB re 1 microPa-
Disruption (for m (rms)
impulse noises).
------------------------------------------------------------------------
NMFS' practice is to apply the 160 dB re: 1 [micro]Pa received
level threshold for underwater impulse sound levels to predict whether
behavioral disturbance that rises to the level of Level B harassment is
likely to occur. NMFS' practice is to apply the 180 dB or 190 dB re: 1
[micro]Pa received level threshold for underwater impulse sound levels
to predict whether permanent threshold shift (auditory injury), which
we consider as Level A harassment is likely to occur.
Acknowledging Uncertainties in Estimating Take
Given the many uncertainties in predicting the quantity and types
of impacts of sound on marine mammals, it is common practice to
estimate how many animals are likely to be present within a particular
distance of a given activity, or exposed to a particular level of sound
and use that information to predict how many animals are taken. In
practice, depending on the amount of information available to
characterize daily and seasonal movement and distribution of affected
marine mammals, distinguishing between the numbers of individuals
harassed and the instances of harassment can be difficult to parse.
Moreover, when one considers the duration of the activity, in the
absence of information to predict the degree to which individual
animals are likely exposed repeatedly on subsequent days, the simple
assumption is that entirely new animals are exposed in every day, which
results in a take estimate that in some circumstances overestimates the
number of individuals harassed.
The following sections describe NMFS' methods to estimate take by
incidental harassment. We base these estimates on the number of marine
[[Page 75380]]
mammals that potentially harassed by seismic operations with the airgun
array during approximately 3,236 km (2,028 mi) of transect lines in the
South Atlantic Ocean.
Modeled Number of Instances of Exposures: Lamont-Doherty would
conduct the proposed seismic survey within the high seas in the South
Atlantic Ocean. NMFS presents estimates of the anticipated numbers of
instances that marine mammals could be exposed to sound levels greater
than or equal to 160, 180, and 190 dB re: 1 [mu]Pa during the proposed
seismic survey. Table 5 represents the numbers of instances of take
that NMFS proposes to authorize for this survey within the South
Atlantic Ocean.
NMFS' Take Estimate Method for Species with Density Information: In
order to estimate the potential number of instances that marine mammals
could be exposed to airgun sounds above the 160-dB Level B harassment
threshold and the 180-dB Level A harassment thresholds, NMFS used the
following approach for species with density estimates derived from the
Navy's Atlantic Fleet Training and Testing Navy Marine Species Density
Database maps for the survey area in the Southern Atlantic Ocean. NMFS
used the highest density range for each species within the survey area.
(1) Calculate the total area that the Langseth would ensonify above
the 160-dB Level B harassment threshold and above the 180-dB Level A
harassment threshold for cetaceans within a 24-hour period. This
calculation includes a daily ensonified area of approximately 1,377
square kilometers (km\2\) (532 square miles [mi\2\]) for the five OBS
tracklines and 1,839 km\2\ (710 mi\2\) for the MCS trackline based on
the Langseth traveling approximately 150 km [93 mi] in one day).
Generally, the Langseth travels approximately 137 km (85 mi) in one day
while conducting a seismic survey, thus, NMFS' estimate of a daily
ensonified area based on 150 km is an estimation of the theoretical
maximum that the Langseth could travel within 24 hours.
(2) Multiply each daily ensonified area above the 160-dB Level B
harassment threshold by the species' density (animals/km\2\) to derive
the predicted number of instances of exposures to received levels
greater than or equal to 160-dB re: 1 [mu]Pa on a given day;
(3) Multiply each product (i.e., the expected number of instances
of exposures within a day) by the number of survey days that includes a
25 percent contingency (i.e., a total of six days for the five OBS
tracklines and a total of 22 days for the MCS trackline) to derive the
predicted number of instances of exposures over the duration of the
survey;
(4) Multiply the daily ensonified area by each species-specific
density to derive the predicted number of instances of exposures to
received levels greater than or equal to 180-dB re: 1 [mu]Pa for
cetaceans on a given day (i.e., Level A takes). This calculation
includes a daily ensonified area of approximately 207 km\2\ (80 mi\2\)
for the five OBS tracklines and 281 km\2\ (108 mi\2\) for the MCS
trackline.
(5) Multiply each product by the number of survey days that
includes a 25 percent contingency (i.e., a total of six days for the
five OBS tracklines and a total of 22 days for the MCS trackline).
Subtract that product from the predicted number of instances of
exposures to received levels greater than or equal to 160-dB re: 1
[mu]Pa on a given day to derive the number of instances of exposures
estimated to occur between 160 and 180-dB threshold (i.e., Level B
takes).
In many cases, this estimate of instances of exposures is likely an
overestimate of the number of individuals that are taken, because it
assumes 100 percent turnover in the area every day, (i.e., that each
new day results in takes of entirely new individuals with no repeat
takes of the same individuals over the 22-day period (28 days with
contingency). It is difficult to quantify to what degree this method
overestimates the number of individuals potentially taken. Except as
described later for a few specific species, NMFS uses this number of
instances as the estimate of individuals (and authorized take) even
though NMFS is aware that the number may be somewhat high due to the
use of the maximum density estimate from the NMSDD.
Take Estimates for Species with Less than One Instance of Exposure:
Using the approach described earlier, the model generated instances of
take for some species that were less than one over the 28-day duration.
Those species include the humpback, blue, Bryde's, pygmy sperm, and
dwarf sperm whale. NMFS used data based on dedicated survey sighting
information from the Atlantic Marine Assessment Program for Protected
Species (AMAPPS) surveys in 2010, 2011, and 2013 (AMAPPS, 2010, 2011,
2013) to estimate take and assumed that Lamont-Doherty could
potentially encounter one group of each species during the proposed
seismic survey. NMFS believes it is reasonable to use the average
(mean) group size (weighted by effort and rounded up) from the AMMAPS
surveys for humpback whale (3), blue whale (2), Bryde's whale (2),
pygmy sperm whale (2), and dwarf sperm whale (2) to derive a reasonable
estimate of take for eruptive occurrences.
Take Estimates for Species with No Density Information: Density
information for the Southern right whale, southern elephant seal, and
Subantarctic fur seal in the South Atlantic Ocean is data poor or non-
existent. When density estimates were not available, NMFS used data
based on dedicated survey sighting information from the Atlantic Marine
Assessment Program for Protected Species (AMAPPS) surveys in 2010,
2011, and 2013 (AMAPPS, 2010, 2011, 2013) to estimate take for the
three species. NMFS assumed that Lamont-Doherty could potentially
encounter one group of each species during the seismic survey. NMFS
believes it is reasonable to use the average (mean) group size
(weighted by effort and rounded up) for North Atlantic right whales (3)
from the AMMAPS surveys for the Southern right whale and the mean group
size for unidentified seals (2) from the AMMAPS surveys for southern
elephant and Subantarctic fur seals multiplied by 28 days to derive an
estimate of take from a potential encounter.
NMFS used sighting information from a survey off Namibia, Africa
(Rose and Payne, 1991) to estimate a mean group size for southern right
whale dolphins (58) and also multiplied that estimate by 28 days to
derive an estimate of take from a potential encounter with that
species.
[[Page 75381]]
Table 5--Densities and/or Mean Group Size, and Estimates of the Possible Numbers of Marine Mammals and Population Percentages Exposed to Sound Levels
Greater Than or Equal to 160 dB re: 1 [mu]Pa Over 28 Days During the Proposed Seismic Survey in the South Atlantic Ocean
[January through March, 2016]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modeled number
of instances of
Density exposures to Proposed Level Proposed Level Percent of
Species estimate \1\ sound levels >= A take \3\ B take \3\ population \4\ Population trend \5\
160, 180, and
190 dB \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antarctic minke whale..................... 0.054983 2,276,396, - 396 2,276 0.519 Unknown.
Blue whale................................ 0.000032 4, 0, - 0 4 2.074 Unknown.
Bryde's whale............................. 0.000262 56, 0, - 0 56 0.128 Unknown.
Common minke whale........................ 0.054983 2,276,396, - 396 2,276 0.519 Unknown.
Fin whale................................. 0.002888 106, 28, - 28 106 0.609 Unknown.
Humpback whale............................ 0.000078 6, 0, - 0 6 0.200 [uarr]
Sei whale................................. 0.002688 106, 28, - 28 106 1.340 Unknown.
Southern right whale...................... NA 84, 0, - 0 84 0.700 Unknown.
Sperm whale............................... 0.001214 50, 0, - 0 50 0.014 Unknown.
Dwarf sperm whale......................... 0.000041 4, 0, - 0 4 1.480 Unknown.
Pygmy sperm whale......................... 0.000021 4, 0, - 0 4 1.480 Unknown.
Cuvier's beaked whale..................... 0.003831 156, 28, - 28 156 0.031 Unknown.
Andrew's beaked whale..................... 0.000511 28, 0, - 0 28 0.005 Unknown.
Arnoux's beaked whale..................... 0.000956 28, 0, - 0 28 0.005 Unknown.
Blainville's beaked whale................. 0.000663 28, 0, - 0 28 0.005 Unknown.
Gervais' beaked whale..................... 0.001334 56, 0, - 0 56 0.009 Unknown.
Gray's beaked whale....................... 0.000944 28, 0, - 0 28 0.005 Unknown.
Hector's beaked whale..................... 0.000246 0, 0, - 0 0 0.000 Unknown.
Shepherd's beaked whale................... 0.000816 28, 0, - 0 28 0.005 Unknown.
Strap-toothed beaked whale................ 0.000638 28, 0, - 0 28 0.005 Unknown.
True's beaked whale....................... 0.000876 28, 0, - 0 28 0.005 Unknown.
Southern bottlenose whale................. 0.000917 28, 0, - 0 28 0.005 Unknown.
Bottlenose dolphin........................ 0.020744 848, 156, - 156 848 0.167 Unknown.
Rough-toothed dolphin..................... 0.000418 22, 0, - 0 22 8.118 Unknown.
Pantropical spotted dolphin............... 0.003674 156, 28, - 28 156 5.521 Unknown.
Striped dolphin........................... 0.174771 7,208, 1,294, - 1,294 7,208 15.513 Unknown.
Fraser's dolphin.......................... 0.001568 56, 0, - 0 56 0.019 Unknown.
Spinner dolphin........................... 0.006255 262, 50, - 50 262 0.026 Unknown.
Atlantic spotted dolphin.................. 0.023756 982, 184, - 184 982 2.608 Unknown.
Clymene dolphin........................... 0.000258 0, 0, - 0 0 0.000 Unknown.
Risso's dolphin........................... 0.037399 1,540, 290, - 290 1,540 8.844 Unknown.
Long-beaked common dolphin................ 0.000105 0, 0, - 0 0 0.000 Unknown.
Short-beaked common dolphin............... 0.129873 5,356, 954, - 954 5,356 3.637 Unknown.
Southern right whale dolphin.............. NA 1,624, 0, - 0 1,624 Unknown Unknown.
Melon-headed whale........................ 0.006285 262, 50, - 50 262 0.624 Unknown.
Pygmy killer whale........................ 0.001039 50, 0, - 0 50 1.395 Unknown.
False killer whale........................ 0.000158 0, 0, - 0 0 0.000 Unknown.
Killer whale.............................. 0.003312 134, 28, - 28 134 0.324 Unknown.
Long-finned pilot whale................... 0.007614 318, 56, - 56 318 0.187 Unknown.
Short-finned pilot whale.................. 0.015616 636, 106, - 106 636 0.371 Unknown.
Southern Elephant Seal.................... NA 4, 0, 0 0 4 0.001 Unknown.
Subantarctic fur seal..................... NA 4, 0, 0 0 4 0.001 Unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Densities (where available) are expressed as number of individuals per km\2\. Densities estimated from the Navy's Atlantic Fleet Training and
Testing Navy Marine Species Density Database maps for the survey area in the Southern Atlantic Ocean. NA = Not available.
\2\ See preceding text for information on NMFS' take estimate calculations. NA = Not applicable.
\3\ Modeled instances of exposures include adjustments for species with no density information. The Level A estimates are overestimates of predicted
impacts to marine mammals as the estimates do not take into consideration the required mitigation measures for shutdowns or power downs if a marine
mammal is likely to enter the 180 dB exclusion zone while the airguns are active.
\4\ Table 2 in this notice lists the stock species abundance estimates used in calculating the percentage of the population.
\5\ Population trend information from Waring et al., 2015. [uarr]= Increasing. [darr] = Decreasing. Unknown = Insufficient data.
Lamont-Doherty did not estimate any additional take from sound
sources other than airguns. NMFS does not expect the sound levels
produced by the echosounder and sub-bottom profiler to exceed the sound
levels produced by the airguns. Lamont-Doherty will not operate the
multibeam echosounder and sub-bottom profiler during transits to and
from the survey area, (i.e., when the airguns are not operating) and in
between transits to each of the five OBS tracklines, and, therefore,
NMFS does not anticipate additional takes from these sources in this
particular case.
NMFS considers the probability for entanglement of marine mammals
as low because of the vessel speed and the monitoring efforts onboard
the survey vessel. Therefore, NMFS does not believe it is necessary to
authorize additional takes for entanglement at this time.
The Langseth will operate at a relatively slow speed (typically 4.6
knots [8.5 km/h; 5.3 mph]) when conducting the survey. Protected
species observers would monitor for marine mammals, which would trigger
mitigation measures, including vessel
[[Page 75382]]
avoidance where safe. Therefore, NMFS does not anticipate nor do we
authorize takes of marine mammals from vessel strike.
There is no evidence that the planned survey activities could
result in serious injury or mortality within the specified geographic
area for the requested proposed Authorization. The required mitigation
and monitoring measures would minimize any potential risk for serious
injury or mortality.
Preliminary Analysis and Determinations
Negligible Impact
Negligible impact is ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival'' (50 CFR 216.103). The lack of
likely adverse effects on annual rates of recruitment or survival
(i.e., population level effects) forms the basis of a negligible impact
finding. Thus, an estimate of the number of takes, alone, is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through behavioral harassment, NMFS must consider other
factors, such as the likely nature of any responses (their intensity,
duration, etc.), the context of any responses (critical reproductive
time or location, migration, etc.), as well as the number and nature of
estimated Level A harassment takes, the number of estimated
mortalities, effects on habitat, and the status of the species.
In making a negligible impact determination, NMFS considers:
The number of anticipated injuries, serious injuries, or
mortalities;
The number, nature, and intensity, and duration of
harassment; and
The context in which the takes occur (e.g., impacts to
areas of significance, impacts to local populations, and cumulative
impacts when taking into account successive/contemporaneous actions
when added to baseline data);
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);
Impacts on habitat affecting rates of recruitment/
survival; and
The effectiveness of monitoring and mitigation measures to
reduce the number or severity of incidental takes.
To avoid repetition, our analysis applies to all the species listed
in Table 5, given that NMFS expects the anticipated effects of the
seismic airguns to be similar in nature. Where there are meaningful
differences between species or stocks, or groups of species, in
anticipated individual responses to activities, impact of expected take
on the population due to differences in population status, or impacts
on habitat, NMFS has identified species-specific factors to inform the
analysis.
Given the required mitigation and related monitoring, NMFS does not
anticipate that serious injury or mortality would occur as a result of
Lamont-Doherty's proposed seismic survey in the South Atlantic Ocean.
Thus the proposed authorization does not authorize any mortality.
NMFS' predicted estimates for Level A harassment take for some
species are likely overestimates of the injury that will occur. NMFS
expects that successful implementation of the required visual and
acoustic mitigation measures would avoid Level A take in some
instances. Also, NMFS expects that some individuals would avoid the
source at levels expected to result in injury. Nonetheless, although
NMFS expects that Level A harassment is unlikely to occur at the
numbers proposed to be authorized, because it is difficult to quantify
the degree to which the mitigation and avoidance will reduce the number
of animals that might incur PTS, we are proposing to authorize (and
analyze) the modeled number of Level A takes, which does not take the
mitigation or avoidance into consideration. However, because of the
constant movement of the Langseth and the animals, as well as the fact
that the boat is not staying in any one area in which individuals would
be expected to concentrate for any long amount of time (i.e., since the
duration of exposure to loud sounds will be relatively short), we
anticipate that any PTS incurred, would be in the form of only a small
degree of permanent threshold shift and not total deafness.
Of the marine mammal species under our jurisdiction that are known
to occur or likely to occur in the study area, the following species
are listed as endangered under the ESA: blue, fin, humpback, sei,
Southern right whale, and sperm whales. The western north Atlantic
population of humpback whales is known to be increasing. The other
marine mammal species that may be taken by harassment during Lamont-
Doherty's seismic survey program are not listed as threatened or
endangered under the ESA.
Cetaceans. Odontocete reactions to seismic energy pulses are
usually thought to be limited to shorter distances from the airgun(s)
than are those of mysticetes, in part because odontocete low-frequency
hearing is assumed to be less sensitive than that of mysticetes. Given
sufficient notice through relatively slow ship speed, NMFS generally
expects marine mammals to move away from a noise source that is
annoying prior to becoming potentially injurious, although Level A
takes for a small group of species are proposed for authorization here.
Potential impacts to marine mammal habitat were discussed
previously in this document (see the ``Anticipated Effects on Habitat''
section). Although some disturbance is possible to food sources of
marine mammals, the impacts are anticipated to be minor enough as to
not affect annual rates of recruitment or survival of marine mammals in
the area. Based on the size of the South Atlantic Ocean where feeding
by marine mammals occurs versus the localized area of the marine survey
activities, any missed feeding opportunities in the direct project area
will be minor based on the fact that other feeding areas exist
elsewhere. Taking into account the planned mitigation measures, effects
on cetaceans are generally expected to be restricted to avoidance of a
limited area around the survey operation and short-term changes in
behavior, falling within the MMPA definition of ``Level B harassment.''
Animals are not expected to permanently abandon any area that is
surveyed, and any behaviors that are interrupted during the activity
are expected to resume once the activity ceases. Only a small portion
of marine mammal habitat will be affected at any time, and other areas
within the South Atlantic Ocean would be available for necessary
biological functions.
Pinnipeds. During foraging trips, extralimital pinnipeds may not
react at all to the sound from the proposed survey or may alert, ignore
the stimulus, change their behavior, or avoid the immediate area by
swimming away or diving. Behavioral responses can range from a mild
orienting response, or a shifting of attention, to flight and panic.
Research and observations show that pinnipeds in the water are tolerant
of anthropogenic noise and activity. They may react in a number of ways
depending on their experience with the sound source and what activity
they are engaged in at the time of the exposure. Significant behavioral
effects are more likely at higher received levels within a few
kilometers of the source and activities involving sound from the
proposed survey would not occur near
[[Page 75383]]
any haulout areas where resting behaviors occur.
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 NMFS
anticipates that the seismic operations would occur on consecutive
days, the estimated duration of the survey would last no more than 28
days but would increase sound levels in the marine environment in a
relatively small area surrounding the vessel (compared to the range of
most of the marine mammals within the proposed survey area), which is
constantly travelling over distances, and some animals may only be
exposed to and harassed by sound for less than a day.
For reasons stated previously in this document and based on the
following factors, Lamont-Doherty's specified activities are not likely
to cause long-term behavioral disturbance, serious injury, or death, or
other effects that would be expected to adversely affect reproduction
or survival of any individuals. They include:
The anticipated impacts of Lamont-Doherty's survey
activities on marine mammals are temporary behavioral changes due,
primarily, to avoidance of the area;
The likelihood that, given the constant movement of boat
and animals and the nature of the survey design (not concentrated in
areas of high marine mammal concentration), PTS incurred would be of a
low level;
The availability of alternate areas of similar habitat
value for marine mammals to temporarily vacate the survey area during
the operation of the airgun(s) to avoid acoustic harassment;
The expectation that the seismic survey would have no more
than a temporary and minimal adverse effect on any fish or invertebrate
species that serve as prey species for marine mammals, and therefore
consider the potential impacts to marine mammal habitat minimal; and
The knowledge that the survey is taking place in the open
ocean and not located within an area of biological importance for
breeding, calving, or foraging for marine mammals.
Table 5 in this document outlines the number of requested Level A
and Level B harassment takes that we anticipate as a result of these
activities.
Required mitigation measures, such as special shutdowns for large
whales, vessel speed, course alteration, and visual monitoring would be
implemented to help reduce impacts to marine mammals. Based on the
analysis herein of the likely effects of the specified activity on
marine mammals and their habitat, and taking into consideration the
implementation of the proposed monitoring and mitigation measures, NMFS
finds that Lamont-Doherty's proposed seismic survey would have a
negligible impact on the affected marine mammal species or stocks.
Small Numbers
As mentioned previously, NMFS estimates that Lamont-Doherty's
activities could potentially affect, by Level B harassment, 38 species
of marine mammals under our jurisdiction. NMFS estimates that Lamont-
Doherty's activities could potentially affect, by Level A harassment,
up to 16 species of marine mammals under our jurisdiction.
For each species, the numbers of take being proposed for
authorization are small numbers relative to the population sizes: less
than 16 percent for striped dolphins, less than 8 percent of Risso's
dolphins, less than 6 percent for pantropical spotted dolphins, and
less than 4 percent for all other species. NMFS has provided the
regional population and take estimates for the marine mammal species
that may be taken by Level A and Level B harassment in Table 5 in this
notice. NMFS finds that the proposed incidental take described in Table
5 for the proposed activity would be limited to small numbers relative
to 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 (ESA)
There are six marine mammal species listed as endangered under the
Endangered Species Act that may occur in the proposed survey area.
Under section 7 of the ESA, NSF has initiated formal consultation with
NMFS on the proposed seismic survey. NMFS (i.e., National Marine
Fisheries Service, Office of Protected Resources, Permits and
Conservation Division) will also consult internally with NMFS on the
proposed issuance of an Authorization under section 101(a)(5)(D) of the
MMPA. NMFS and the NSF will conclude the consultation prior to a
determination on the proposed issuance of the Authorization.
National Environmental Policy Act (NEPA)
NSF has prepared a draft environmental analysis titled, Draft
Environmental Analysis of a Marine Geophysical Survey by the R/V Marcus
G. Langseth in the South Atlantic Ocean, Austral Summer 2016. NMFS has
posted this document on our Web site concurrently with the publication
of this notice. NMFS has independently evaluated the draft
environmental analysis and has prepared a separate draft Environmental
Assessment (DEA) titled, Proposed Issuance of an Incidental Harassment
Authorization to Lamont-Doherty Earth Observatory to Take Marine
Mammals by Harassment Incidental to a Marine Geophysical Survey in the
South Atlantic Ocean, January-March 2016. Information in Lamont-
Doherty's application, NSF's Draft environmental analysis, NMFS' DEA
and this notice collectively provide the environmental information
related to proposed issuance of an Authorization for public review and
comment. NMFS will review all comments submitted in response to this
notice as we complete the NEPA process, including a decision of whether
to sign a Finding of No Significant Impact (FONSI), prior to a final
decision on the proposed Authorization request.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes
issuing an Authorization to Lamont-Doherty for conducting a seismic
survey in the South Atlantic Ocean, early January through March 31,
2016 provided they incorporate the proposed mitigation, monitoring, and
reporting requirements.
Draft Proposed Authorization
This section contains the draft text for the proposed
Authorization. NMFS proposes to include this language in the
Authorization if issued.
Incidental Harassment Authorization
We hereby authorize the Lamont-Doherty Earth Observatory (Lamont-
Doherty), Columbia University, P.O. Box 1000, 61 Route 9W, Palisades,
New York 10964-8000, under section 101(a)(5)(D) of the Marine Mammal
Protection Act (MMPA) (16 U.S.C. 1371(a)(5)(D)) and 50 CFR 216.107, to
incidentally harass small numbers of marine mammals incidental to a
marine geophysical survey conducted by the R/V Marcus G. Langseth
(Langseth) marine geophysical survey in the South Atlantic Ocean
January through March 2016.
[[Page 75384]]
1. Effective Dates
This Authorization is valid from early January through March 31,
2016.
2. Specified Geographic Region
This Authorization is valid only for specified activities
associated with the R/V Marcus G. Langseth's (Langseth) seismic
operations as specified in Lamont-Doherty's Incidental Harassment
Authorization (Authorization) application and environmental analysis in
the following specified geographic area:
a. in the South Atlantic Ocean, located approximately between 10-35
[deg]W, 27-33 [deg]S as specified in Lamont-Doherty's application and
the National Science Foundation's environmental analysis.
3. Species Authorized and Level of Takes
a. This authorization limits the incidental taking of marine
mammals, by harassment only, to the following species in the area
described in Table 5 in this notice.
i. During the seismic activities, if the Holder of this
Authorization encounters any marine mammal species that are not listed
in Condition 3 for authorized taking and are likely to be exposed to
sound pressure levels greater than or equal to 160 decibels (dB) re: 1
[mu]Pa, then the Holder must alter speed or course or shut-down the
airguns to avoid take.
b. The taking by serious injury or death of any of the species
listed in Condition 3 or the taking of any kind of any other species of
marine mammal is prohibited and may result in the modification,
suspension, or revocation of this Authorization.
c. This Authorization limits the methods authorized for taking by
harassment to the following acoustic sources:
i. a sub-airgun array with a total capacity of 6,600 in\3\ (or
smaller);
4. Reporting Prohibited Take
The Holder of this Authorization must report the taking of any
marine mammal in a manner prohibited under this Authorization
immediately to the Office of Protected Resources, National Marine
Fisheries Service, at 301-427-8401 and/or by email to the Chief,
Permits and Conservation Division.
5. Cooperation
We require the Holder of this Authorization to cooperate with the
Office of Protected Resources, National Marine Fisheries Service, and
any other Federal, state, or local agency monitoring the impacts of the
activity on marine mammals.
6. Mitigation and Monitoring Requirements
We require the Holder of this Authorization to implement the
following mitigation and monitoring requirements when conducting the
specified activities to achieve the least practicable adverse impact on
affected marine mammal species or stocks:
Visual Observers
a. Utilize two, National Marine Fisheries Service-qualified,
vessel-based Protected Species Visual Observers (visual observers) to
watch for and monitor marine mammals near the seismic source vessel
during daytime airgun operations (from nautical twilight-dawn to
nautical twilight-dusk) and before and during start-ups of airguns day
or night.
i. At least one visual observer will be on watch during meal times
and restroom breaks.
ii. Observer shifts will last no longer than four hours at a time.
iii. Visual observers will also conduct monitoring while the
Langseth crew deploy and recover the airgun array and streamers from
the water.
iv. When feasible, visual observers will conduct observations
during daytime periods when the seismic system is not operating for
comparison of sighting rates and behavioral reactions during, between,
and after airgun operations.
v. The Langseth's vessel crew will also assist in detecting marine
mammals, when practicable. Visual observers will have access to reticle
binoculars (7 x 50 Fujinon), and big-eye binoculars (25 x 150).
Exclusion Zones
b. Establish a 180-decibel (dB) or 190-dB exclusion zone for
cetaceans and pinnipeds, respectively, before starting the airgun
subarray (6,660 in\3\); and a 180-dB or 190-dB exclusion zone for
cetaceans and pinnipeds, respectively for the single airgun (40 in\3\).
Observers will use the predicted radius distance for the 180-dB or 190-
dB exclusion zones for cetaceans and pinnipeds.
Visual Monitoring at the Start of Airgun Operations
c. Monitor the entire extent of the exclusion zones for at least 30
minutes (day or night) prior to the ramp-up of airgun operations after
a shutdown.
d. Delay airgun operations if the visual observer sees a cetacean
within the 180-dB exclusion zone for cetaceans or 190-dB exclusion zone
for pinnipeds until the marine mammal(s) has left the area.
i. If the visual observer sees a marine mammal that surfaces, then
dives below the surface, the observer shall wait 30 minutes. If the
observer sees no marine mammals during that time, he/she should assume
that the animal has moved beyond the 180-dB exclusion zone for
cetaceans or 190-dB exclusion zone for pinnipeds.
ii. If for any reason the visual observer cannot see the full 180-
dB exclusion zone for cetaceans or the 190-dB exclusion zone for
pinnipeds for the entire 30 minutes (i.e., rough seas, fog, darkness),
or if marine mammals are near, approaching, or within zone, the
Langseth may not resume airgun operations.
iii. If one airgun is already running at a source level of at least
180 dB re: 1 [mu]Pa or 190 dB re: 1 [mu]Pa, the Langseth may start the
second gun-and subsequent airguns-without observing relevant exclusion
zones for 30 minutes, provided that the observers have not seen any
marine mammals near the relevant exclusion zones (in accordance with
Condition 6(b)).
Passive Acoustic Monitoring
e. Utilize the passive acoustic monitoring (PAM) system, to the
maximum extent practicable, to detect and allow some localization of
marine mammals around the Langseth during all airgun operations and
during most periods when airguns are not operating. One visual observer
and/or bioacoustician will monitor the PAM at all times in shifts no
longer than 6 hours. A bioacoustician shall design and set up the PAM
system and be present to operate or oversee PAM, and available when
technical issues occur during the survey.
f. Do and record the following when an observer detects an animal
by the PAM:
i. notify the visual observer 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, water depth when first detected,
bearing if determinable, species or species group (e.g., unidentified
dolphin, sperm whale, monk seal), types and nature of sounds heard
(e.g., clicks, continuous, sporadic, whistles, creaks, burst pulses,
[[Page 75385]]
strength of signal, etc.), and any other notable information.
Ramp-Up Procedures
g. Implement a ``ramp-up'' procedure when starting the airguns at
the beginning of seismic operations or any time after the entire array
has been shutdown, which means start the smallest gun first and add
airguns in a sequence such that the source level of the array will
increase in steps not exceeding approximately 6 dB per 5-minute period.
During ramp-up, the observers will monitor the exclusion zone, and if
marine mammals are sighted, a course/speed alteration, power-down, or
shutdown will be implemented as though the full array were operational.
Recording Visual Detections
h. Visual observers must record the following information when they
have sighted a marine mammal:
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 shut-down), Beaufort sea state and wind force, visibility, and sun
glare; and
iii. The data listed under 6(f)(ii) 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.
Speed or Course Alteration
i. Alter speed or course during seismic operations if a marine
mammal, based on its position and relative motion, appears likely to
enter the relevant exclusion zone. If speed or course alteration is not
safe or practicable, or if after alteration the marine mammal still
appears likely to enter the exclusion zone, the Holder of this
Authorization will implement further mitigation measures, such as a
shutdown.
Power-Down Procedures
j. Power down the airguns if a visual observer detects a marine
mammal within, approaching, or entering the relevant exclusion zones. A
power-down means reducing the number of operating airguns to a single
operating 40 in\3\ airgun. This would reduce the exclusion zone to the
degree that the animal(s) is outside of it.
Resuming Airgun Operations after a Power-Down
k. Following a power-down, if the marine mammal approaches the
smaller designated exclusion zone, the airguns must then be completely
shut-down. Airgun activity will not resume until the observer has
visually observed the marine mammal(s) exiting the exclusion zone and
is not likely to return, or has not been seen within the exclusion zone
for 15 minutes for species with shorter dive durations (small
odontocetes) or 30 minutes for species with longer dive durations
(mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf
sperm, killer, and beaked whales).
l. Following a power-down and subsequent animal departure, the
Langseth may resume airgun operations at full power. Initiation
requires that the observers can effectively monitor the full exclusion
zones described in Condition 6(b). If the observer sees a marine mammal
within or about to enter the relevant zones then the Langseth will
implement a course/speed alteration, power-down, or shutdown.
Shutdown Procedures
m. Shutdown the airgun(s) if a visual observer detects a marine
mammal within, approaching, or entering the relevant exclusion zone. A
shutdown means that the Langseth turns off all operating airguns.
Resuming Airgun Operations After a Shutdown
n. Following a shutdown, if the observer has visually confirmed
that the animal has departed the 180-dB zone for cetaceans or the 190-
dB zone for pinnipeds within a period of less than or equal to 8
minutes after the shutdown, then the Langseth may resume airgun
operations at full power.
o. If the observer has not seen the animal depart the 180-dB zone
for cetaceans or the 190-dB zone for pinnipeds, the Langseth shall not
resume airgun activity until 15 minutes has passed for species with
shorter dive times (i.e., small odontocetes and pinnipeds) or 30
minutes has passed for species with longer dive durations (i.e.,
mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf
sperm, killer, and beaked whales). The Langseth will follow the ramp-up
procedures described in Conditions 6(g).
Survey Operations at Night
p. The Langseth may continue marine geophysical surveys into night
and low-light hours if the Holder of the Authorization initiates these
segment(s) of the survey when the observers can view and effectively
monitor the full relevant exclusion zones.
q. This Authorization does not permit the Holder of this
Authorization to initiate airgun array operations from a shut-down
position at night or during low-light hours (such as in dense fog or
heavy rain) when the visual observers cannot view and effectively
monitor the full relevant exclusion zones.
Mitigation Airgun
s. The Langseth may operate a small-volume airgun (i.e., mitigation
airgun) during turns and maintenance at approximately one shot per
minute. The Langseth would not operate the small-volume airgun for
longer than three hours in duration during turns. During turns or brief
transits between seismic tracklines, one airgun would continue to
operate.
Special Procedures for Concentrations of Large Whales
t. The Langseth will power-down the array and avoid concentrations
of large whales if possible (i.e., avoid exposing concentrations of
these animals to sounds greater than 160 dB re: 1 [mu]Pa). For purposes
of the survey, a concentration or group of whales will consist of six
or more individuals visually sighted that do not appear to be traveling
(e.g., feeding, socializing, etc.). The Langseth will follow the
procedures described in Conditions 6(k) for resuming operations after a
power down.
7. Reporting Requirements
This Authorization requires the Holder of this Authorization to:
a. Submit a draft report on all activities and monitoring results
to the Office of Protected Resources, National Marine Fisheries
Service, within 90 days of the completion of the Langseth's cruise.
This report must contain and summarize the following information:
i. Dates, times, locations, heading, speed, weather, sea conditions
(including Beaufort sea state and wind force), and associated
activities during all seismic operations and marine mammal sightings.
ii. Species, number, location, distance from the vessel, and
behavior of any marine mammals, as well as associated seismic activity
(number of shutdowns), observed throughout all monitoring activities.
iii. An estimate of the number (by species) of marine mammals with
known exposures to the seismic activity (based on visual observation)
at received
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levels greater than or equal to 160 dB re: 1 [mu]Pa and/or 180 dB re 1
[mu]Pa for cetaceans and 190-dB re 1 [mu]Pa for pinnipeds and a
discussion of any specific behaviors those individuals exhibited.
iv. An estimate of the number (by species) of marine mammals with
estimated exposures (based on modeling results) to the seismic activity
at received levels greater than or equal to 160 dB re: 1 [mu]Pa and/or
180 dB re 1 [mu]Pa for cetaceans and 190-dB re 1 [mu]Pa for pinnipeds
with a discussion of the nature of the probable consequences of that
exposure on the individuals.
v. A description of the implementation and effectiveness of the:
(A) terms and conditions of the Biological Opinion's Incidental Take
Statement (attached); and (B) mitigation measures of the Incidental
Harassment Authorization. For the Biological Opinion, the report will
confirm the implementation of each Term and Condition, as well as any
conservation recommendations, and describe their effectiveness, for
minimizing the adverse effects of the action on Endangered Species Act
listed marine mammals.
b. Submit a final report to the Chief, Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service, within 30 days after receiving comments from us on the draft
report. If we decide that the draft report needs no comments, we will
consider the draft report to be the final report.
8. Reporting Prohibited Take
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner not permitted by the
authorization (if issued), such as an injury, serious injury, or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
Lamont-Doherty shall immediately cease the specified activities and
immediately report the take to the Chief, Permits and Conservation
Division, Office of Protected Resources, NMFS, at 301-427-8401 and/or
by email. 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).
Lamont-Doherty shall not resume its activities until we are able to
review the circumstances of the prohibited take. We shall work with
Lamont-Doherty to determine what is necessary to minimize the
likelihood of further prohibited take and ensure MMPA compliance.
Lamont-Doherty may not resume their activities until notified by us via
letter, email, or telephone.
9. Reporting an Injured or Dead Marine Mammal With an Unknown Cause of
Death
In the event that Lamont-Doherty discovers an injured or dead
marine mammal, and the lead visual observer 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 as we describe in
the next paragraph), Lamont-Doherty will immediately report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401 and/or by email. 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 would work with Lamont-Doherty to
determine whether modifications in the activities are appropriate.
10. Reporting an Injured or Dead Marine Mammal Unrelated to the
Activities
In the event that Lamont-Doherty discovers an injured or dead
marine mammal, and the lead visual observer determines that the injury
or death is not associated with or related to the authorized activities
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), Lamont-Doherty would report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401 and/or by email, within 24
hours of the discovery. Lamont-Doherty would provide photographs or
video footage (if available) or other documentation of the stranded
animal sighting to NMFS.
11. Endangered Species Act Biological Opinion and Incidental Take
Statement
Lamont-Doherty is required to comply with the Terms and Conditions
of the Incidental Take Statement corresponding to the Endangered
Species Act Biological Opinion issued to the National Science
Foundation and NMFS' Office of Protected Resources, Permits and
Conservation Division (attached). A copy of this Authorization and the
Incidental Take Statement must be in the possession of all contractors
and protected species observers operating under the authority of this
Incidental Harassment Authorization.
Request for Public Comments
NMFS invites comments on our analysis, the draft authorization, and
any other aspect of the Notice of proposed Authorization for Lamont-
Doherty's activities. Please include any supporting data or literature
citations with your comments to help inform our final decision on
Lamont-Doherty's request for an application.
Dated: November 24, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2015-30333 Filed 11-25-15; 8:45 am]
BILLING CODE 3510-22-P