[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Notices]
[Pages 15785-15786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8705]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032296A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Haro Strait Oceanographic Experiment; Additional Information

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of proposed authorization for a small take exemption; 
request for comment.

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SUMMARY: On March 28, 1995, NMFS published a notice of a proposed 
authorization for a small take exemption. The notice did not include 
information provided in the application that described the mitigation 
measures that the applicant planned to undertake to reduce the 
incidental harassment of those marine mammals found within the activity 
area. That information is herewith provided.

DATES: Comments and information must be received on or before April 29, 
1996.

ADDRESSES: Comments on the application should be addressed to Chief, 
Marine Mammal Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225. A copy of the application and other documents mentioned in the 
March 28, 1996, notice may be obtained by writing to this address or by 
telephoning one of the contacts listed below.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources at 301-713-2055, or Brent Norberg, Northwest 
Regional Office at 206-526-6733.

SUPPLEMENTARY INFORMATION:
    For information on the application for an incidental harassment 
authorization under section 101(a)(5)(D) of the Marine Mammal 
Protection Act and the proposal by NMFS to issue an authorization to 
take small numbers of marine mammals by harassment incidental to 
conducting a physical oceanography experiment that uses sound to study 
the flow field and mixing processes in Haro Strait, Puget Sound, WA, 
please refer to the earlier notice (61 FR 13847, March 28, 1996).

Pre-Experiment Mitigation Measures

    Mitigation measures that have already been undertaken include: (1) 
Developing and incorporating a ramp-up of sound sources A and C over 
0.25 sec; (2) incorporating a coded sequence mechanism for shutting off 
source D; (3) hardwiring the maximum output of source A down from 185 
dB (re 1Pa) to 170 dB @ 1 m. and (4) developing a protocol for 
shutting down sources upon the approach of killer whales in order to 
use the vertical arrays to record and analyze their sounds.

Mitigation Measures

    In order for the experiment to have the least practicable impact on 
marine mammals, the applicant has incorporated the following protocols 
for mitigation: (1) A scientific oversight review committee consisting 
of marine mammal scientists operating in the experimental area; (2) 
statistical criteria for determination for review of impacts to harbor 
porpoise and killer whales by the oversight committee; and (3) 
procedures for emergency shutdown whenever necessary.

Mitigation Measures Established for Harbor Porpoise

    There is a risk that the sound sources may displace harbor porpoise 
from important habitat on the western side of Haro Strait, Puget Sound, 
WA. A shore station on Sidney Island will be used to estimate the 
occurrence, abundance and distribution of harbor porpoise in this 
habitat. The monitoring plan will provide a baseline data set of 
sufficient sample size to detect a large drop in harbor porpoise 
abundance.
    Sighting data will be collected for the first 4 days of the 
experiment. At the end of this period, and daily thereafter, these 
sighting data will be analyzed and exposure sightings will be compared 
with baseline data. A drop in exposure sightings will trigger a 
mitigation review by the oversight committee. If the committee 
concludes that there is a likelihood that harbor porpoise will be taken 
(through habitat exclusion or by injury), the experiment will be 
stopped for 2 or 3 days to allow the ecosystem to recover. After 2 to 3 
days, the

[[Page 15786]]
experiment will be allowed to resume for an additional 4 days. If the 
observed effects are noted in the next four-day period, the committee 
will consider the new data and will again reach a conclusion on the 
impact to individual harbor porpoise or on the stock. The committee may 
either recommend stopping the experiment permanently or for a 2- to 3-
day period as before.
    If the committee concludes that there is no likelihood that harbor 
porpoise will be injured, the experiment will be allowed to continue 
for 4 more days, with a new collection of sightings data. If abundance 
is still significantly below baseline with a confidence level of 99 
percent, the committee will again review the data as before. This data 
collection, analysis and possible review by the committee will continue 
throughout the experiment.

Mitigation Measures Established for Killer Whales

    The applicant will monitor killer whale behavior in the area of the 
experiment using the Speiden Island shore station, by boat and by 
hydrophone. Monitoring, which will begin approximately 25 days prior to 
the start of the experiment, will include the travel behavior of the 
killer whales as they approach the area of the experiment. Using both 
base-line and historical data, a measure of the probability that a 
given pod of killer whales will travel through the area will be made.
    After the experiment has run for several days, if the applicant 
determines that the probability of any given pod of killer whales 
passing Turn Point on Stuart Island drops to zero for four approaches 
to the 80 percent turn-around point (the location where 80 percent of 
the time killer whale pods reverse direction), the scientific committee 
will review the data. The committee will review the collected travel 
and behavioral data and information from other locations to determine 
if there is a likelihood that killer whales will be injured by the 
change in behavior caused by the sound sources. If they determine that 
injury is likely, the sources will be turned off whenever killer whales 
are observed to approach and remain within 1 km of the study area's 
zone of responsiveness for killer whales.
    If the committee determines that there is no likelihood of injury 
to killer whales, the experiment will be allowed to continue for four 
additional approaches to the study area. A probability of zero for 
these approaches will again trigger the review described above.

Emergency Shut-off Mitigation Measure

    If observations are made that (1) one or more marine mammals are 
attempting to beach themselves when the sound sources are operating; 
and/or (2) either a marine mammal listed as endangered or threatened 
under the Endangered Species Act, or a marine mammal for which an 
incidental harassment authorization has not been issued, approaches the 
sources, the sound sources will be immediately shut off. The protocol 
for this mitigation measure is described in detail in the application 
and need not be repeated here.

Dead Marine Mammals

    Upon notification by a local stranding network that a marine mammal 
has been found dead within the waters of the San Juan Archipelago, the 
committee will investigate the stranding to determine whether a 
reasonable chance exists that the experiment caused the animal's death. 
If the committee determines that there is a reasonable chance that the 
death was due to the sound sources, the experiment will be stopped 
until completion of the necropsy. The necropsy results will be reviewed 
by the scientific oversight committee. If that committee determines 
that the death was likely due to the sound sources, the experiment will 
be turned off and will not resume until the sound sources are altered 
in some way to eliminate the potential for future deaths. In addition, 
because a section 101(a)(5)(D) authorization, if issued, does not 
authorize taking by death, consultation with NMFS will be necessary 
before restarting the experiment.

    Dated: April 3, 1996.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-8705 Filed 4-8-96; 8:45 am]
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