[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32460-32464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13559]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031703A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Marine Seismic Testing in the Northern Gulf of Mexico

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

ACTION: Notice of issuance of an incidental harassment authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization (IHA) to take small numbers of marine mammals, 
by harassment, incidental to conducting calibration measurements of its 
seismic array in the northern Gulf of Mexico (GOM) has been issued to 
Lamont-Doherty Earth Observatory (LDEO).

DATES: Effective from May 27, 2003 through May 26, 2004.

ADDRESSES: The application and/or authorization are available by 
writing to the Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225, or by telephoning the contact 
listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, ext 128.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    Permission may be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s) and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses and that the permissible methods of 
taking and requirements pertaining to the monitoring and reporting of 
such takings are set forth. NMFS has defined ``negligible impact'' in 
50 CFR 216.103 as ''...an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival.''
    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. Under section 18(A), 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].
    Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
small numbers of marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny issuance of the 
authorization.

Summary of Request

    On February 24, 2003, NMFS received an application from LDEO for 
the taking, by harassment, of several species of marine mammals 
incidental to conducting calibration measurements of its seismic array 
in the northern GOM. The LDEO plans to measure sound levels from each 
of the airgun arrays that will be used during their seismic survey 
programs during future studies. These measurements will be made in 
shallow, shelf slope, and deep waters in the GOM during late May and/or 
June 2003, but may also be held at some other time during the next 12 
months. The purpose of these measurements is to verify estimates of 
sound fields around the airgun arrays that have been made using LDEO 
acoustical models. Verification of the output from these models is 
needed to confirm the distances from the airguns (safety radii) within 
which mitigation may be necessary to avoid exposing marine mammals to 
airgun sounds at received levels exceeding established limits for 
preventing injury to marine mammals, e.g. the 180 and 190 dB re 1 
[mu]Pa (rms) limits set for cetaceans and pinnipeds, respectively. The 
measurements will also verify the distances at which the sounds 
diminish below other lower levels that may be assumed to characterize 
the zone where disturbance is possible or likely.
    The data to be collected during this project can be used to develop 
a better understanding of the impact of man-made acoustic sources on 
marine mammals. The planned project will obtain the first calibrated 
measurements of the R/V Maurice Ewing's (Ewing) acoustic sources across 
a broad range of frequencies from 1 Hz to 25 kHz, and for various 
configurations of the Ewing's airgun array. Calibration experiments 
will be conducted in the shallow, shelf slope, and deep water of the 
GOM to quantify the differences in sound attenuation in relation to 
water depth. Once calibration measurements have been made, they will be 
used to model the full propagation field of the Ewing in varying 
geographical settings. This modeling will provide data needed to help 
minimize any potential risk to marine mammals during future seismic 
surveys.
    A notice of receipt of the LDEO application and proposed IHA was 
published in the Federal Register on April 11, 2003 (68 FR 17773). That 
notice described, in detail, the proposed activity and the 
characteristic of the Ewing's acoustic sources, the marine mammal 
species that may be affected by the activity, and the anticipated 
effects on marine mammals. That information is not repeated here.

Comments and Responses

    A notice of receipt and request for 30-day public comment on the 
application and proposed authorization was published on April 11, 2003 
(68 FR

[[Page 32461]]

17773). During the 30-day public comment period, comments were received 
from the Marine Mammal Commission (the Commission), the Florida 
Department of Environmental Protection (DEP), and a member of the 
public who opposed the issuance of the IHA but did not provide 
additional information. The Commission and DEP comments are addressed 
in this document.
    Comment: The Commission believes that NMFS' preliminary 
determinations, made in the previously cited notice, are reasonable 
provided the proposed mitigation and monitoring activities are 
conducted as described. Accordingly, the Commission recommended that 
NMFS grant the authorization.
    Response: NMFS reviewed the mitigation and monitoring measures that 
were proposed by LDEO and has found that they will provide the best 
means to ensure that the findings made herein, (that the taking, by 
harassment, will result in only small numbers of marine mammals and 
have no more than a negligible impact on affected species and stocks) 
are valid. A discussion of the mitigation and monitoring measures that 
are contained in the IHA follows.

Mitigation

    The directional nature of the alternative airgun arrays to be used 
in this project (especially the larger arrays) is an important 
mitigating factor. This directionality will result in reduced sound 
levels at any given horizontal distance than would be expected at that 
distance if the source were omnidirectional with the stated nominal 
source level.
    For the proposed airgun calibration work in the GOM in 2003, LDEO 
at times will use 2 GI-guns with total volume 210 in\3\, and at other 
times will use a 20-gun array with 6-20 active guns and total volume 
1350 8600 in3. Individual airguns will range in size from 80 to 850 
in3. The airguns comprising these arrays will be spread out 
horizontally, so that the energy from the array will be directed mostly 
downward.
    The sound pressure fields have been modeled in relation to distance 
and direction from each of the five array configurations and are shown 
in Figs. 7-11 in LDEO's application. The radii around the arrays where 
the received level would be 180 dB re 1 [mu]Pa (rms), the shutdown 
criterion applicable to cetaceans, were estimated as 50 m (164 ft), 220 
m (722 ft), 830 m (2,723 ft), 880 m (2,887 ft) and 950 m (3,117 ft) for 
the 2-, 6-, 10-, 12-, and 20-gun arrays, respectively.
    Until such time as the sound pressure fields estimated by the model 
have been confirmed by measurements of actual sound pressure levels, 
LDEO will use 1.5 times the estimated 180-dB isopleth. One of the main 
purposes of the measurements that will be made during the GOM project 
is to verify or refine these safety radii. The current plan is to 
measure sounds produced by the 6-, 10-, 12- and 20-gun arrays during 
the same transit past the spar buoy, operating these four combinations 
of airguns in a repeating sequence. The safety radius for the 20-gun 
array (x 1.5) will be used whenever the sequence including (at times) 
20 active guns is in progress. Sounds from the 2 GI guns will be 
measured during separate transits past the spar buoy. During the GOM 
cruise, the safety radii for cetaceans are 75 m (246 ft) and 1,425 m 
(4,675 ft), respectively, for the 2 GI-guns and 20-gun array. LDEO will 
shut down the airguns if marine mammals are detected within the safety 
radii.
    Also, LDEO will use a ramp-up (soft-start) procedure when 
commencing operations. Ramp-up will begin with the smallest gun in the 
array that is being used (80 in\3\ for all subsets of the 20-gun 
array). Guns will be added in a sequence such that the source level of 
the array will increase at a rate no greater than 6 dB per 5-minutes. 
Additional mitigation measures will occur through the LDEO monitoring 
program.

Marine Mammal Mitigation Monitoring

    Two observers will monitor marine mammals from the Ewing starting 
30 minutes before all Ewing airgun operations. Airguns will be operated 
only during daylight; they will not be operated or started up during 
darkness or periods whenever the safety zone is not visible to the 
observer. Airgun operations will be suspended when marine mammals are 
observed within, or about to enter, designated safety zones where there 
is a possibility of significant effects on hearing or other physical 
effects.
    The Ewing is a suitable platform for marine mammal observations. 
The observer's eye level will be approximately 11 m (36 ft) above sea 
level when stationed on the bridge, allowing for good visibility within 
a 210[deg] arc for each observer. In addition to visual observations, a 
towed hydrophone array will be used to detect and locate marine 
mammals. This will increase the likelihood of detecting and identifying 
any marine mammals that are present during airgun operations. The 
proposed monitoring plan is summarized later in this document.
Safety Radii
    Received sound levels have been modeled for the 2-, 6-, 10-, 12-, 
and 20-airgun arrays and are depicted in Figures 7-11 of the LDEO 
application. Based on the modeling, estimates of the 190-, 180-, 170-, 
and 160-dB re 1 [mu]Pa (rms) distances (safety radii) for these arrays 
are shown in Table 1 in the application and previously (see 68 FR 
17773, April 11, 2003). Acoustic measurements in shallow 
(100 m/328 ft), mid-depths (100-2000 m/328-6,562 ft), but 
probably about 1000 m (3,281 ft)), and deep (2000 m) water 
will be taken during the proposed cruise, in order to check the modeled 
received sound levels during operation of these airgun arrays in a wide 
variety of water depths. Because the safety radii will not be confirmed 
before the cruise, conservative safety radii will be used during the 
GOM surveys. Conservative radii will be established at 1.5 times the 
distances calculated for the 2 GI-guns and the 20 airgun array. Thus, 
during the GOM cruise the conservative safety radii for cetaceans are 
75 m (246 ft) and 1,425 m (4,675 ft) for the 2 GI guns and 20-gun 
arrays, respectively.
    Airgun operations will be suspended immediately when cetaceans are 
detected within or about to enter the appropriate 180-dB (rms) radius. 
This 180 dB criterion is consistent with guidelines listed for 
cetaceans by NMFS (2000) and other guidance by NMFS.

Mitigation During Operations

    The following mitigation measures, as well as marine mammal 
monitoring, will be adopted during the GOM acoustic verification 
program, provided that doing so will not compromise operational safety 
requirements:
Course Alteration
    If a marine mammal is detected outside the safety radius and, based 
on its position and the relative motion, is likely to enter the safety 
radius, alternative ship tracks will be plotted against anticipated 
mammal locations. If practical, the vessel's course and/or speed will 
be changed in a manner that avoids approaching within the safety radius 
while also minimizing the effect to the planned science objectives. The 
marine mammal's activities and movements relative to the seismic vessel 
will be closely monitored to ensure that the marine mammal does not 
approach within the safety radius. If the mammal appears likely to 
enter the safey radius, further mitigative actions will be taken (i.e., 
either further course alterations or shutdown of the airguns).

[[Page 32462]]

Shutdown Procedures
    Vessel-based observers using visual aids and acoutical arrays will 
monitor marine mammals near the seismic vessel for 30 minutes prior to 
start up and during all airgun operations. No airguns will be operated 
during periods of darkness. Airgun operations will be suspended 
immediately when marine mammals are observed or otherwise detected 
within, or about to enter, designated safety zones where there is a 
possibility of physical effects, including effects on hearing (based on 
the 180 dB criterion specified by NMFS). The shutdown procedure should 
be accomplished within several seconds (or a ``one shot'' period) of 
the determination that a marine mammal is within or about to enter the 
safety zone. Airgun operations will not resume until the marine mammal 
is outside the safety radius. Once the safety zone is clear of marine 
mammals, the observers will advise that seismic surveys can re-
commence. The ``ramp-up'' procedure will then be followed.
Ramp-up Procedure
    A ``ramp-up'' procedure will be followed when the airgun arrays 
begin operating after a specified-duration period without airgun 
operations. Under normal operational conditions (vessel speed 4-5 
knots), a ramp-up would be required after a ``no shooting'' period 
lasting 2 minutes or longer. At 4 knots, the source vessel would travel 
247 m (810 ft) during a 2-minute period. If the towing speed is reduced 
to 3 knots or less, as sometimes required when maneuvering in shallow 
water, it is proposed that a ramp-up would be required after a ``no 
shooting'' period lasting 3 minutes or longer. At towing speeds not 
exceeding 3 knots, the source vessel would travel no more than 277 m 
(909 ft) in 3 minutes. These guidelines would require modification if 
the normal shot interval were more than 2 or 3 min, respectively, but 
that is not expected to occur during the GOM project.
    Ramp-up will begin with the smallest gun in the array that is being 
used (80 in\3\). Guns will be added in a sequence such that the source 
level of the array will increase in steps not exceeding 6 dB per 5-
minute period over a total duration of approximately 18-20 min (10-12 
gun arrays).

Monitoring and Reporting

Vessel-based Visual Monitoring

    As mentioned under Mitigation, two observers dedicated to marine 
mammal observations will be stationed aboard LDEO's seismic survey 
vessel during the acoustical measurement program in the GOM. They will 
search for and observe marine mammals whenever airgun operations are in 
progress. Airgun operations will be restricted to periods with good 
visibility during daylight hours. Two observers will be on duty for at 
least 30 minutes prior to the start of airgun operations and during 
ramp-up procedures. The observers will watch for marine mammals from 
the highest practical vantage point on the vessel, which is the bridge. 
The observer(s) will systematically scan the area around the vessel 
with 7X50 Fujinon reticle binoculars or with the naked eye. ``Bigeye'' 
(25X150) binoculars will be available during this cruise to assist with 
species identification of marine mammals that are sighted. Laser 
rangefinding binoculars (Bushnell Lytespeed 800 laser rangefinder with 
4X optics or equivalent) will be available to assist with distance 
estimation. If a marine mammal is detected well outside the safety 
radius, the vessel may be maneuvered to avoid having the mammal come 
within the safety radius. When mammals are detected within or about to 
enter the designated safety radii, the airguns will be shut down 
immediately. The observer(s) will continue to maintain watch to 
determine when the animal is outside the safety radius. Airgun 
operations will not resume until the animal is outside the safety 
radius.
    The vessel-based monitoring will provide data required to estimate 
the numbers of marine mammals exposed to various received sound levels, 
to document any apparent disturbance reactions, and thus to estimate 
the numbers of mammals potentially taken by harassment. It will also 
provide the information needed to shut down the airguns at times when 
mammals are present in or near the safety zone. When a mammal sighting 
is made, the following information about the sighting will be recorded: 
(1) Species, group size, age/size/sex categories (if determinable), 
behavior when first sighted and after initial sighting, heading (if 
consistent), bearing and distance from seismic vessel, sighting cue, 
apparent reaction to seismic vessel (e.g., none, avoidance, approach, 
paralleling, etc.), and behavioral pace; (2) Time, location, heading, 
speed, activity of the vessel (shooting or not), sea state, visibility, 
cloud cover, and sun glare (The data listed under (2) will also be 
recorded at the start and end of each observation watch and during a 
watch, whenever there is a change in one or more of the variables.) All 
mammal observations and airgun shutdowns will be recorded in a 
standardized format.
    At least two experienced marine mammal observers (with at least one 
previous year of marine mammal observation experience) will be on duty 
aboard the seismic vessel.
    Prior to the start of the project, the primary observers will 
participate in a 1-day meeting and training or refresher course on the 
specific marine mammal monitoring procedures required for this project.
    Two observers will be on duty in shifts of duration no longer than 
4 hours. Use of two simultaneous observers will increase the proportion 
of the marine mammals present near the source vessel that are detected. 
Bridge personnel additional to the dedicated marine mammal observers 
will also assist in detecting marine mammals and implementing 
mitigation requirements, and before the start of the seismic survey 
will be given instruction in how to do so. The results from the vessel-
based observations will provide (1) the basis for real-time mitigation 
(airgun shutdown); (2) information needed to estimate the number of 
marine mammals potentially taken by harassment, which must be reported 
to NMFS; (3) data on the occurrence, distribution, and activities of 
marine mammals in the area where the seismic study is conducted; (4) 
information to compare the distance and distribution of marine mammals 
relative to the source vessel at times with and without seismic 
activity; and (5) data on the behavior and movement patterns of marine 
mammals seen at times with and without seismic activity.

Vessel-based Passive Acoustic Monitoring

    A towed hydrophone array will be deployed during the airgun 
measurements in the GOM. The acoustical array will be monitored during 
airgun operations to detect, locate and identify marine mammals near 
the Ewing, insofar as this is possible via passive acoustic methods. 
The acoustical array will provide additional ability to detect, locate 
and identify marine mammals over and above that provided by visual 
observations. The acoustical data will be integrated, in real time, 
with the visual observations to ensure that marine mammals do not enter 
the 180-dB safety radius. LDEO will use the standard methods that have 
been used and reported during other recent studies of seismic and 
marine mammals (Greene et al., 1997; McCauley et al., 1998, 2000a,b).

[[Page 32463]]

Reporting
    A report will be submitted to NMFS within 90 days after the end of 
the acoustic measurement program in the GOM. The report will describe 
the operations that were conducted, the marine mammals that were 
detected near the operations, and at least some of the results of the 
acoustical measurements to verify the safety radii. (Data from the LDEO 
spar buoy are expected to be available quickly, but it is uncertain how 
quickly the EARS data will be available given the nature of the EARS 
buoys.) The report will be submitted to NMFS, providing full 
documentation of methods, results, and interpretation pertaining to all 
monitoring tasks with the possible exception of the backup EARS data. 
The 90-day report will summarize the dates and locations of seismic 
operations, sound measurement data, marine mammal sightings (dates, 
times, locations, activities, associated seismic survey activities), 
and estimates of the amount and nature of potential take of marine 
mammals by harassment or in other ways.

Estimates of Take by Harassment

    As described in proposed authorization notice (April 11, 2003; 68 
FR 17773)) and in the LDEO application, animals subjected to sound 
levels greater than 160 dB may alter their behavior or distribution, 
and, therefore, might be considered to be taken by harassment. However, 
the 160-dB criterion, used by NMFS as an indicator of where Level B 
harassment may result from impulse sounds, is based on studies of 
baleen whales. Odontocete hearing at low frequencies is relatively 
insensitive, and the dolphins generally appear to be more tolerant of 
strong sounds than are most baleen whales. For that reason, it has been 
suggested that for purposes of estimating incidental harassment of 
odontocetes, a 170-dB criterion might be appropriate.
    All anticipated takes would be Level B harassment takes involving 
temporary changes in behavior. The mitigation measures to be applied by 
LDEO will minimize the possibility of injurious takes during the 
planned acoustic calibration project in the northern GOM. The estimate 
of the number of marine mammals that might be taken by harassment is 
based on a consideration of the number of marine mammals that might be 
disturbed by operations with the specific airgun arrays planned for 
each of the calibration runs past the spar buoy. LDEO's initial 
estimates of the numbers that might be disturbed assume that, on 
average, cetaceans exposed to airgun sounds with received levels 
[gteqt]160 dB re 1 [mu]Pa (rms) might be sufficiently disturbed to be 
``taken by harassment.'' The best estimate also includes an allowance 
for four extra source-vessel transits past the spar buoy in order to 
obtain the required calibration data and, therefore, is an overestimate 
if the calibrations measurements require only six transits. The best 
estimates take account of data on marine mammal abundance from previous 
surveys in that area.
    The anticipated radii of influence of the multi-beam sonar and the 
sub-bottom profiler are much less than that for the airgun array (see 
previous discussion). It is assumed that any marine mammal close enough 
to be affected by the multi-beam sonar or the sub-bottom profiler would 
already be affected by the airguns. Therefore, no additional takings by 
harassment would occur for animals that might be affected by the multi-
beam sonar or the sub-bottom profiler.

Estimates of Take by Harassment for the GOM

    Extensive aircraft- and ship-based surveys have been conducted for 
marine mammals in the GOM, including the area where the calibration 
study will be conducted (Davis et al., 2000, 2002; Wursig et al., 2000; 
Baumgartner et al., 2001). However, oceanographic and other conditions 
strongly influence the distribution and numbers of marine mammals 
present in an area (Davis et al., 2002). Thus, for some species the 
densities derived from recent surveys may not be representative of the 
densities that will be encountered during the proposed acoustical 
calibration study. Table 3 in the LDEO application gives the densities 
for each species or species group of marine mammals in LDEO's proposed 
study area based on the 1996/97 GulfCet II surveys (Davis et al., 
2000). The densities from the GulfCet studies had been corrected by the 
original authors for detectability bias but not for availability bias. 
Therefore, in Table 3, LDEO has adjusted the originally reported 
densities and population estimates to account for availability bias. 
Based on those densities, the numbers of each species that might be 
taken by harassment and the requested level of take by harassment are 
shown in Table 3. The LDEO application is available upon request (see 
ADDRESSES).
    Dolphins account for 94 percent of the best estimate of takes 
(i.e., 486 of 520 animals). There is no general agreement regarding any 
alternative ``take'' criterion for dolphins exposed to airgun pulses. 
However, if only those dolphins exposed to [gteqt]170 dB re 1 [mu]Pa 
(rms) were affected sufficiently to be considered ``taken by 
harassment'', then the best estimate for dolphins would be 183 rather 
than 486. This is based on the predicted 170 dB radii around the 2 GI 
gun and 20-airgun arrays (155 m (508 ft) and 3,420 m (11, 220 ft), 
respectively). This number of 183 animals is considered by LDEO to be a 
more realistic ``best estimate'' of the number of dolphins that may be 
disturbed (i.e., Level B harassment). This number is about 0.1 percent 
of the estimated GOM population of dolphins (approx. 165,715). 
Therefore, the total number of dolphins likely to react behaviorally is 
considerably lower than the estimated 486 animals.
    Of the 520 marine mammals that might be exposed to airgun sounds 
with received levels [gteqt]160 dB re 1 [mu]Pa (rms), an estimated two 
would be sperm whales. Two sperm whales represent 0.4 percent of the 
estimated GOM population of about 530 sperm whales.

Coastal Zone Management Act Consistency

    On May 7, 2003, the Florida DEP noted that, based on the 
information contained in the NMFS notice (April 11, 2003, 68 FR 17773) 
and the comments provided by State reviewing agencies, the State 
determined that the proposed action by LDEO and NMFS is consistent with 
the Florida Coastal Management Program.

Endangered Species Act (ESA)

    NMFS has concluded consultation under section 7 of the ESA on NMFS' 
issuance of an IHA to take small numbers of marine mammals, by 
harassment, incidental to conducting calibration measurements of its 
seismic array in the GOM by LDEO. The finding of that consultation was 
that this study is not likely to jeopardize the continued existence of 
marine species listed as threatened or endangered under the ESA. No 
critical habitat has been designated for these species in the GOM; 
therefore, none will be affected. A conservation recommendation was 
made to ensure that the safety zone is clear of sea turtles prior to 
ramp up. This recommendation has been implemented through the IHA to 
LDEO. A copy of the Biological Opinion is available upon request (see 
ADDRESSES).

National Environmental Policy Act (NEPA)

    On March 10, 2003, the National Science Foundation (NSF) made a 
determination, based on information contained within its Environmental

[[Page 32464]]

Assessment (EA) that implementation of the subject action is not a 
major Federal action having significant effects on the environment 
within the meaning of Executive Order 12114. NSF determined therefore, 
that an environmental impact statement would not be prepared. On April 
11, 2003 (68 FR 17773), NMFS noted that the NSF had prepared an EA for 
the GOM calibration study. In accordance with section 6.01 of the 
National Oceanic and Atmospheric Administration (NOAA) Administrative 
Order 216-6 (Environmental Review Procedures for Implementing the 
National Environmental Policy Act, May 20, 1999), NMFS has reviewed the 
information contained in NSF's EA and determined that the NSF EA 
accurately and completely describes the proposed action alternative, 
reasonable additional alternatives, and the potential impacts on marine 
mammals, endangered species, and other marine life that could be 
impacted by the preferred alternative and the other alternatives. As a 
result, NMFS has determined that it is not necessary to issue either a 
new EA or a Supplemental EA for the issuance of an IHA to LDEO for this 
activity. Therefore, based on this review and analysis, NMFS is 
adopting the NSF EA under NEPA. A copy of the NSF EA for this activity 
is available upon request (see ADDRESSES).

Determinations

    Based on the information contained in the LDEO application, the NSF 
EA, the April 11, 2003 notice (68 FR 17773) and this document, NMFS has 
determined that conducting a 3- to 4-day calibration study of the 
seismic airgun array onboard the Ewing in the northern GOM in 2003 by 
LDEO would result in the harassment of small numbers of marine mammals; 
would have no more than a negligible impact on the affected marine 
mammal species or stocks; and would not have an unmitigable adverse 
impact on the availability of stocks for subsistence uses. This 
activity will result, at worst, in a temporary modification in behavior 
by certain species of marine mammals. While the number of potential 
incidental harassment takes will depend on the distribution and 
abundance of marine mammals in the vicinity of the survey activity, the 
number of potential harassment takings is estimated to be small. In 
addition, no take by injury and/or death is anticipated, and the 
potential for temporary or permanent hearing impairment is low and will 
be avoided through the incorporation of the mitigation measures 
mentioned in this document and required under the IHA. For these 
reasons therefore, NMFS has determined that the requirements of section 
101(a)(5)(D) of the MMPA have been met and the authorization can be 
issued.

Authorization

    NMFS has issued an IHA to take small numbers of marine mammals, by 
harassment, incidental to conducting calibration measurements of the 
seismic array onboard the Ewing in the northern GOM to LDEO for a 1-
year period, provided the mitigation, monitoring, and reporting 
requirements described in this document and the IHA are undertaken.

    Dated: May 23, 2003.
Donna Wieting,
Acting Chief, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 03-13559 Filed 5-29-03; 8:45 am]
BILLING CODE 3510-22-S