[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Pages 51240-51245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21794]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 073003D]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Oceanographic Surveys in the Eastern Tropical Pacific Ocean

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

ACTION: Notice of receipt of application and proposed authorization for 
a small take authorization; request for comments.

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SUMMARY: NMFS has received an application from the Scripps Institution 
of Oceanography (SIO), a part of the University of California, for an 
Incidental Harassment Authorization (IHA) to take small numbers of 
marine mammals, by harassment, incidental to conducting oceanographic 
surveys in the Eastern Tropical Pacific Ocean (ETP). Under the Marine 
Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to issue an incidental take authorization to SIO to 
incidentally take, by harassment, small numbers of several species of 
cetaceans and pinnipeds for a limited period of time within a one-year 
period.

DATES: Comments and information must be received no later than 
September 25, 2003.

ADDRESSES: Comments on the application should be addressed to the 
Acting 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. A copy of the application containing a list of the references 
used in this document may be obtained by writing to this address or by 
telephoning the contact listed here. Comments cannot be accepted if 
submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Sarah C. Hagedorn, Office of Protected 
Resources, NMFS, (301) 713-2322, ext 117.

SUPPLEMENTARY INFORMATION:

[[Page 51241]]

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 3(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; 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.
    The term ``Level A harassment'' means harassment described in 
subparagraph (A)(i). The term ``Level B harassment'' means harassment 
described in subparagraph (A)(ii).
    Section 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 June 16, 2003, NMFS received an application from SIO for the 
taking, by harassment, of several species of marine mammals incidental 
to conducting a seismic survey program in international waters of the 
ETP and in several Exclusive Economic Zones (EEZ) of several coastal 
states (Mexico, Costa Rica, Panama, Columbia, Ecuador, and Peru), from 
which permission to conduct this type of scientific research has been 
requested. SIO's R/V Roger Revelle is scheduled to undertake a 
multidisciplinary research cruise, including some seismic reflection 
profiling and echo-sounding studies, in the ETP from September 2003 to 
February 2004, primarily 100-400 nautical miles (nm) (185 - 741 km) 
west of northern Peru and 200-1000 nm (370 - 1852 km) west of the 
Galapagos Islands. None of these operations would be in U.S. 
territorial waters or in the U.S. EEZ. A low-energy seismic reflection 
profiler with a small airgun sound source will be used on 3 of the 8 
legs of the cruise. The purpose of this survey is to study the shape 
and structure of the sediment-buried oceanic crust in this part of the 
ETP.

Description of the Activity

    SIO's seismic surveys will involve one vessel, the R/V Roger 
Revelle (under a cooperative agreement with the U.S. Navy, owner of the 
vessel). The Roger Revelle will deploy two airguns as an energy source, 
plus a single short (300 m or 984 ft) towed streamer of hydrophones to 
receive the returning acoustic signals, that can be retrieved and 
deployed in less than 20 minutes.
    The bubble-generating chambers of the two small General-Injector 
airguns have a combined volume of 90 cubic inches (1475 cubic 
centimeters (cc)), contrasting with 3000-9000 cubic inches (49,161-
147,484 cc) of the large gun arrays typical of academic and commercial 
seismic surveys. The primary seismic pulse is produced by a 45-in3 (737 
cc) generator chamber, while compressed air from a 105-in3 (1721 cc) 
injector chamber is used to maintain the shape of the bubble and reduce 
its sound-making oscillation. The pair of simultaneously fired airguns 
would have a peak-to-peak (p-p) amplitude of 236 dB re 1 microPa. In 
addition, a hull-mounted mid-frequency multibeam echo-sounder sonar for 
seafloor mapping will be routinely operated whenever the Revelle is 
underway. The Kongsberg-Simard EM-120 sonar images the seafloor over a 
120-140 degree-wide swath (about 10-20 km, or 5-10 nm wide), using very 
short (15 msec) transmit pulses with a 10-20 second repetition rate and 
a 11.25-12.60 kHz frequency sweep. Source level in deep water is 240 dB 
rms, but the brevity, directivity, and narrow beam-width (1 degree 
fore-and-aft) of the transmit pulses make it unlikely that operation of 
this depth sonar will affect marine mammals.
    None of the 3 research legs for which an IHA is requested will be a 
dedicated seismic reflection survey of the sort typically conducted by 
a specialized seismic vessel. The seismic reflection profiler will be 
used as just one tool in integrated marine geology and geophysical 
studies that also employ bathymetric echo-sounders, passive geophysical 
sensors (such as a gravimeter and magnetometer), and geologic sampling 
tools (like rock dredges and cores). Typical operating procedure during 
these three legs of the cruise will be to conduct seismic profiling, at 
a ship speed of 9-11 knots for periods of 8-12 hours, interspersed with 
episodes of geologic sampling and periods of faster steaming with no 
profiling system deployed. In a few instances (1-3 per leg), longer 
profiles will need to be collected, requiring up to 36 hours of 
continuous airgun operation. The objective is not to image deep crustal 
structureor the stratigraphy of thick sedimentary units (the typical 
goals of seismic surveys); instead the purpose is to measure the 
varying thickness of the 100-400 m-thick (328-1312 ft) cover of pelagic 
sediment that buries and obscures the igneous oceanic crust in our 
study areas, because establishing the relief of the buried crust is 
essential for interpreting the bathymetric, magnetic and gravity data. 
For this limited objective, the large powerful sound sources and 
hydrophone streamers several kilometers long that typify dedicated 
seismic surveys are not required. Nor will any broad ocean volume be 
ensonified by profiling on closely-spaced seismic lines.
    Leg 1 of the cruise, from San Diego to Puerto Caldera, Costa Rica, 
is planned for September 27-October 9, 2003. This will be primarily a 
staging and instrument testing and calibration leg, but with 2 days of 
seismic reflection profiling and rock-dredging 40-80 nm (74-148 km) off 
the coast of Costa Rica. In addition to the approximately 24 hours of 
seismic profiling, it is also planned during this leg to test and 
calibrate new components of the system, and train shipboard technicians 
in their use, with 2 or 3 12-18 hour test runs along parts of the 
transit track. Because these test profiles may obtain scientifically 
useful data, specific sites that are of interest to Mexican researchers 
have been targeted, in partial fulfillment of SIO's foreign-

[[Page 51242]]

clearance obligation to collect data of value to coastal states.
    Leg 2, from Puerto Caldera, Costa Rica, to Manta, Ecuador, is 
planned for October 10-November 6, 2003. The plan for this leg is to 
(i) conduct a 2-day seismic reflection plus rock dredging survey of 
Cobia Ridge, south of Panama, (ii) collect a north-south seismic 
reflection plus magnetics profile across the eastern Panama Basin, and 
(iii) conduct a 14-day seismic reflection plus bathymetry plus rock 
dredging survey off northern Peru. A total of 200-250 hours of seismic 
reflection profiling is anticipated for this leg of the cruise.
    Leg 5, from Callao, Peru, to Puerto Caldera, Costa Rica, is planned 
to take place from December 28-February 23, 2003. Primary survey tools 
will be a multibeam echo-sounder and a new magnetometer system. Seismic 
reflection profiling will have a subsidiary role, imaging the relief of 
the igneous crust in the approximately 20 percent of the survey area 
that has a significant cover of structure-obscuring sediment. A total 
of 150-200 hours of profiling is anticipated for this leg of the 
cruise. All three legs will use the same bathymetric sonar and seismic 
profiling system, described above.
    All planned geophysical data acquisition activities are funded by 
the National Science Foundation (NSF) and will be conducted by SIO 
scientists, with a specific Principal Investigator aboard the vessel. 
Additional information on the airgun array and bathymetric multibeam 
sonar is contained in the application, which is available upon request 
(see ADDRESSES).

Description of Habitat and Marine Mammals Affected by the Activity

    A detailed description of the ETP and its associated marine mammals 
can be found in the SIO application (as updated by Peter Lonsdale) and 
in a number of documents referenced therein. That information is not 
repeated here. Throughout the entire proposed study regions during the 
fall and winter months of 2003, approximately 21 species of cetaceans 
and four species of pinnipeds are likely to occur. These species are 
the sperm whale (Physeter macrocephalus), pygmy sperm whale (Kogia 
breviceps), dwarf sperm whale (Kogia sima), Cuvier's beaked whale 
(Ziphius cavirostris), rough-toothed dolphin (Steno bredanensis), 
bottlenose dolphin (Tursiops truncatus), pantropical spotted dolphin 
(Stenella attenuata), spinner dolphin (Stenella longirostris), striped 
dolphin (Stenella coeruleoalba), short-beaked common dolphin (Delphinus 
delphis), Pacific white-sided dolphin (Lagenorhynchus obliquidis), 
Risso's dolphin (Grampus griseus), melon-headed whale (Peponocephala 
electra), pygmy killer whale (Feresa attenuata), false killer whale 
(Pseudorca crassidens), killer whale (Orcinus orca), short-finned pilot 
whale (Globicephala macrorhynchus), humpback whale (Megaptera 
novaeangliae), minke whale (Balaenoptera acutorostrata), Bryde's whale 
(Balaenoptera edeni), blue whale (Balaenoptera musculus), Guadalupe fur 
seal (Arctocephalus townsendi), northern elephant seal (Mirounga 
angusirostris), South American sea lion (Otaria flavescens), and 
California sea lions (Zalophus californianus). It is also possible that 
four species of beaked whales may be encountered within the proposed 
survey areas: Longman's beaked whale (Indopacetus pacificus), pygmy 
beaked whale (Mesoplodon peruvianus), Ginkgo-toothed beaked whale 
(Mesoplodon ginkgodens), and Blainville's beaked whale (Mesoplodon 
densirostris). In addition, four other species of cetaceans have been 
reported in the area of the proposed surveys, but have been rarely or 
never seen during NMFS population assessments. These species are the 
dusky dolphin (Lagenorhynchus obscurus), Fraser's dolphin 
(Lagenodelphis hosei), fin whale (Balaenoptera physalus), and Baird's 
beaked whale (Berardius bairdii). Additional information on most of 
these species can be found in the application, but is also contained in 
Caretta et al. (2001, 2002) which are available at: http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html.

Potential Effects on Marine Mammals

    NMFS described the characteristics of acoustic sources from airguns 
and from mid-frequency sonar and, in general, the anticipated effects 
on marine mammals including masking, disturbance, and potential hearing 
impairment and other physical effects in another Notice of Receipt of 
an IHA application and proposed IHA involving seismic survey 
activities, published on April 14, 2003 (68 FR 17909). That information 
is not repeated here. The SIO application also provides information on 
what is known about the effects on marine mammals from the types of 
seismic operations planned by SIO.

Estimates of Take by Harassment for the ETP Cruise

    As described previously (68 FR 17909), animals subjected to sound 
levels [gteqt]160 dB may alter their behavior or distribution, and 
therefore might be considered taken by Level B harassment.
    The estimates of takes by harassment are based on the number of 
marine mammals that might be found within the 160 dB isopleth radius 
and potentially disturbed by operations with the 2 GI-guns planned for 
the project. Based on summer/fall marine mammal density calculations by 
Ferguson and Barlow (2001), SIO used their average marine mammal 
densities from the ETP to compute a ``best estimate'' of the number of 
marine mammals that may be exposed to seismic sounds [gteqt]160 dB re 
1microPa (rms) (NMFS' current criterion for onset of Level B 
harassment). The average densities were then converted to per-km 
abundances and multiplied (for the appropriate region) by the area that 
is planned to be ensonified at levels [gteqt]160 dB re 1 microPa (rms) 
during the proposed seismic survey program. Where abundance estimates 
for certain species (pacific white-sided dolphins, pygmy sperm whales, 
minke whales, and humpback whales) were not readily available for 
stocks found within the proposed survey areas, minimum population 
estimates were taken from individual Marine Mammal Stock Assessment 
Reports, which are available online as mentioned previously.
    SIO did not estimate numbers of pinnipeds potentially vulnerable to 
harassment due to insufficient data on distribution, seasonal 
abundance, and pinniped response. However, SIO determined that it is 
unlikely to encounter significant numbers of any of the pinniped 
species that live, at least part of the year, in the area of the 
proposed activity. We preliminarily agree.
    Based on this method, Table 3 in the application gives the best 
estimates of numbers for each species of cetacean that might be exposed 
to received levels [gteqt]160 dB re 1 microPa (rms), and thus 
potentially taken by Level B harassment, during seismic surveys in the 
proposed study areas of the ETP.
    Eight species of delphinidae would account for 95 percent of the 
overall estimate for potential taking by harassment. Common dolphins 
are the most abundant delphinid in the proposed seismic survey areas, 
representing 71 percent of the total estimate for potential taking by 
harassment. Most of the remaining 5 percent of the overall estimate for 
potential taking by harassment consists of pilot whales, dwarf sperm 
whales, and five species of beaked whales.

Conclusions-effects on Cetaceans

    Baleen whales have been seen to avoid operating airguns with 
avoidance

[[Page 51243]]

radii that are quite variable, while some baleen whales show 
considerable tolerance of seismic pulses. Whales are often reported to 
show no overt reactions to airgun pulses at distances beyond a few 
kilometers, even though the pulses remain well above ambient noise 
levels out to much longer distances. However, recent studies of 
humpback and especially bowhead whales show that reactions, including 
avoidance, sometimes extend to greater distances than documented 
earlier, possibly even exceeding the distances at which boat-based 
observers can see whales. Strong avoidance reactions by several species 
of mysticetes to seismic vessels have been observed at ranges up to 6 
to 8 km (3.2 to 4.3 n.mi.) and occasionally as far as 20-30 km (10.8-
16.2 n.mi.) from the source vessel. Some bowhead whales avoided waters 
within 30 km (16.2 n.mi.) of the seismic operation. However, reactions 
at such long distances appear to be atypical of other species of 
mysticetes, and even for bowheads may only apply during migration.
    Odontocete reactions to seismic pulses, or at least those of 
dolphins, are expected to extend to lesser distances than those of 
mysticetes. Odontocete low-frequency hearing is less sensitive than 
that of mysticetes, and dolphins are often seen from seismic vessels, 
occasionally even at close distances. In fact, there are documented 
instances of dolphins approaching active seismic vessels. However, 
dolphins as well as some other types of odontocetes sometimes show 
avoidance responses and/or other changes in behavior when near 
operating seismic vessels. In the cases of mysticetes, these reactions 
are expected to involve small numbers of individual cetaceans because 
few mysticetes occur in the area where seismic surveys are proposed.
    For most species, including endangered sperm and blue whales, the 
total estimated ``take by harassment'' by species presented in Table 3 
of the application (Scripps 2003) represents less than 1.0 percent of 
the eastern tropical Pacific population of any of these species. For 
the remaining three cetacean species, the total estimated ``take by 
harassment'' are 1.8 percent of the estimated pygmy sperm whale 
population in and adjacent to the study area, 6.2 percent of the dwarf 
sperm whale population, and 1.8 percent of endangered humpback whales 
would receive seismic sounds 160 dB. Although the absolute 
numbers of odontocetes that may be harassed by the proposed activities 
may be large, the population sizes of the main species are also large; 
therefore, the numbers potentially affected are small relative to the 
population sizes.
    Taking account of the mitigation measures that are planned, effects 
on cetaceans are generally expected to be limited to avoidance of the 
area around the seismic operation and short-term changes in behavior, 
falling within the MMPA definition of ``Level B harassment.'' Based on 
the relatively low numbers of marine mammals that will be exposed at 
levels 160 dB and the expected impacts at these levels, NMFS 
has preliminarily determined that this action will have a negligible 
impact on the affected species or stocks of cetaceans.

Conclusions-effects on Pinnipeds

    Responses of pinnipeds to acoustic disturbance are variable, but 
usually quite limited. Early observations provided considerable 
evidence that pinnipeds are often quite tolerant of strong pulsed 
sounds. Visual monitoring from seismic vessels has shown only slight 
(if any) avoidance of airguns by pinnipeds, and only slight (if any) 
changes in behavior. These studies show that pinnipeds frequently do 
not avoid the area within a few hundred meters of an operating airgun 
array. Even so, results from initial telemetry studies suggest that 
avoidance and other behavioral reactions may be stronger than has been 
evident from visual studies.
    Very few, if any, pinnipeds are expected to be encountered during 
the proposed seismic survey in the ETP, and it is therefore unlikely 
that the seismic vessel will encounter significant numbers of any of 
the four pinniped species that live, for at least part of the year, in 
the area of proposed seismic profiling.
    If pinnipeds are encountered, the proposed seismic activities would 
have, at most, a short-term effect on their behavior and no long-term 
impacts on individual seals or their populations. Effects are expected 
to be limited to short-term and localized behavioral changes falling 
within the MMPA definition of Level B harassment. Therefore, NMFS' 
preliminary determination is that impacts will be negligible.

Mitigation

    For the proposed seismic operations in the ETP, SIO will use 2-GI 
guns with a total volume of 90 in3 (1475 cc). These airguns will be 
spread out horizontally, so that the energy from the array will be 
directed mostly downward. The following mitigation measures, as well as 
marine mammal monitoring, will be adopted during the proposed ETP 
seismic survey program.

Shutdown Procedures

    SIO proposes to shut down seismic sources whenever marine mammals 
are observed close enough to the vessel that they are at risk of 
exposure to sound levels greater than 180 dB (rms), where there is a 
possibility of Level A harassment. Airgun operations will be suspended 
immediately when marine mammals are observed within, or about to enter, 
this designated safety zone. Current NMFS guidance dictates that 
cetaceans and pinnipeds should not be exposed to impulsive sounds 
exceeding 180 and 190 dB rms (the level for the potential for Level A 
harassment), respectively. SIO will adopt a 180-dB threshold for all 
marine mammals because pinnipeds have less developed (or less 
documented) avoidance behaviors, and because of the low liklihood that 
pinnipeds will be encountered.
    SIO has adopted conservative methods in defining safety zone 
calculations using (i) a 9-dB difference between p-p and rms, and (ii) 
spherical spreading of the sound, even though it is clear that at the 
low acoustic frequencies which dominate SIO's airgun output, the 
generated sound pulses have considerable directivity, favoring downward 
propagation over horizontal propagation (because in the near-horizontal 
direction the direct gun pulse is closely followed by the opposite-
phased bounce off the sea surface, if the source is within an acoustic 
wavelength of the surface; this effect can reduce the effective near-
horizontal output by as much as 10 dB). Because the actual seismic 
source is a distributed sound source rather than a single point source, 
the highest sound levels measurable at any location in the water will 
be less than the nominal source level.
    As described earlier, the pair of simultaneously fired airguns 
would have a p-p amplitude of 236 dB re 1 microPa. Converting to a rms 
dB using the 9 dB difference between p-p and rms for a sine wave yields 
an output level of 227 dB rms. Therefore, SIO's modeled results for the 
2-gun array indicate that, assuming spherical spreading, the paired 
guns would produce sound levels of 180 dB re 1 microPa (rms) at a range 
of about 225 m (738 ft); i.e., the radius around the 2-gun array where 
the received level would be 180 dB re 1 micro\Pa (rms), is estimated to 
be 225 m (738 ft). The effect of using a conservative calculation, 
which yields this safety zone for 180 dB rms sound, is to build a 
safety factor into the airgun

[[Page 51244]]

shut-down radius; this is desirable because mammals may not be observed 
while submerged, and might move towards the acoustic sources during 
dives.
    Airgun operations will not resume until the marine mammal is 
observed outside the safety radius or a minimum of 15 minutes has 
elapsed since the last sighting. Once the safety zone is clear of 
marine mammals, the observer will advise that seismic surveys can re-
commence.
    Gradual ramp-up of the output of the airgun array, a standard 
mitigation procedure during seismic surveys employing numerous guns of 
varying size, is inapplicable to the proposed operations which use only 
two small sound sources with a small total air discharge volume (90 
in3).

Course Alteration

    If a marine mammal is detected at any range beyond the 225 m (738 
ft) safety radius but, based on its position and the relative motion, 
appears to be on a converging course with the ship while profiling is 
underway, the vessel will be maneuvered in an attempt to maintain a 
range greater than the shut-down radius. The marine mammal 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 safety radius, 
further mitigative actions will be taken, i.e., either further course 
alterations or shutdown of the airguns.
    Because of the ineffectiveness of mammal observers during darkness 
(even though the vessel is equipped wit night-vision binoculars), 
seismic reflection profiling will be concentrated during daylight 
hours. As noted earlier, there are just 1-3 occasions on each leg when 
the scientific objectives require collection of seismic profiles that 
are too long to complete in a single daylight period, and limited 
nighttime profiling is needed to allow completion of the marine 
geophysical research. In no instance will seismic profiling be 
initiated during darkness, a situation where unobservable mammals would 
be at risk from the sudden onset of G.I.-gun noise.

Marine Mammal Monitoring

    Effective implementation of these procedures requires surveillance 
by appropriately equipped skilled observers, who will monitor for 
marine mammals in the vicinity of the array. Each leg of the cruise 
will be staffed with two observers who have previously worked for the 
Southwest Fisheries Science Center of NMFS, and who are recommended by 
the Center. These observers will share surveillance duties during 
daylight hours, and be responsible for computer entry of their 
observations while off watch. They will be equipped with binoculars and 
have access to the 50X ``big-eye'' binoculars mounted on the Revelle's 
bridge (though their normal station, except in inclement weather will 
be outside on the upper deck). For estimating the range of marine 
mammals that are sighted, the observers will use the optical fixed-
interval range-finder described by Heinemann (1981); this instrument 
relies on measuring the angle between the mammal and the visual 
horizon, by an observer at known height above sea-level. The observers 
will be in wireless communication with ship officers on the bridge and 
scientists in the vessel's operations laboratory, so they can advise 
promptly of the need for avoidance maneuvers or G.I. gun shut-down.

Monitoring and Reporting

Vessel-based Visual Monitoring

    SIO proposes to conduct marine mammal monitoring of its seismic 
surveys in the ETP in order to satisfy the anticipated requirements of 
the IHA. Monitoring of marine mammals by experienced observers will 
occur during all daylight hours of the 3 legs of the cruise on the 
Revelle, whether or not G.I. guns are in operation. Except in bad 
weather, when they will occupy the bridge, observers will be stationed 
outside, forward on the 03 deck at a height of 9 m (30 ft) above the 
waterline; this has proved to be an effective station for marine mammal 
surveillance during previous mammal and seabird monitoring exercises 
from the Revelle.

Reporting

    Observers will record their observations and range measurements on 
tape, for subsequent transcription into NMFS format. When a marine 
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; and (2) 
time, location, heading, speed, activity of the vessel (seismic 
activity or not), sea state, visibility, cloud cover, and sun glare. 
The data listed under (2) above will also be recorded at the start and 
end of each observation watch and during a watch, and whenever there is 
a change in one or more of the variables.
    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.
    A report will be submitted to NMFS within 90 days after the end of 
the seismic profiling program (before May 2004). The report will be 
submitted to NMFS, providing full documentation of methods, results, 
and interpretation pertaining to most all monitoring tasks. 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.

Endangered Species Act (ESA)

    Under section 7 of the ESA, NMFS has begun consultation on the 
proposed issuance of an IHA under section 101(a)(5)(D) of the MMPA for 
this activity. Consultation will be concluded prior to the issuance of 
an IHA.

National Environmental Policy Act (NEPA)

    An Environmental Assessment (EA) on a similar action for this area 
of the Pacific Ocean was prepared and released to the public on July 
11, 2003 (68 FR 41314). The proposed acoustic survey described in this 
document will use acoustic instruments that are significantly less 
intense and will therefore have a significantly lower impact on the 
marine environment than acoustic sources addressed in the earlier EA. 
NMFS' analysis resulted in a Finding of No Significant Impact (FONSI). 
Therefore, based on that EA and the IHA application from Scripps, NMFS 
has preliminarily determined that this action will not have a 
significant impact on the human environment. Accordingly, this proposed 
action qualifies for a categorical exclusion under NEPA and NOAA 
Administrative Order 216-6 and

[[Page 51245]]

is therefore exempted from further environmental review. A copy of 
relevant previous EA is available (see ADDRESSES).

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of 
conducting a seismic survey program in the ETP will result, at worst, 
in a temporary modification in behavior by certain species of marine 
mammals. While behavioral modifications may be made by these species as 
a result of seismic survey activities, this behavioral change is 
expected to result in no more than a negligible impact on the affected 
species.
    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.

Proposed Authorization

    NMFS proposes to issue an IHA to Scripps for conducting a 2-GI gun 
seismic survey program in the ETP, provided the proposed mitigation, 
monitoring, and reporting requirements are incorporated. NMFS has 
preliminarily determined that the proposed activity would result in the 
harassment of only small numbers of marine mammals; would have no more 
than a negligible impact on the affected marine mammal stocks; and 
would not have an unmitigable adverse impact on the availability of 
stocks for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments and information 
concerning this request (see ADDRESSES).

    Dated: August 20, 2003.
Donna Wieting,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-21794 Filed 8-25-03; 8:45 am]
BILLING CODE 3510-22-S