[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Notices]
[Pages 63761-63768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080803C]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Oceanographic Surveys in the Mid-Atlantic Ocean

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 oceanographic surveys in the 
Mid-Atlantic Ocean has been issued to Lamont-Doherty Earth Observatory 
(LDEO).

DATES: Effective from October 23, 2003 through October 22, 2004.

ADDRESSES: The application, a list of references used in this document, 
and/or the IHA are available by writing to P. Michael Payne, 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: Sarah C. Hagedorn, Office of Protected 
Resources, NMFS, (301) 713-2322, ext 117.

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 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).
    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 
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 July 21, 2003, NMFS received an application from LDEO for the 
taking,

[[Page 63762]]

by harassment, of several species of marine mammals incidental to 
conducting a seismic survey program. As presently scheduled, two 
seismic surveys will be conducted in the Mid-Atlantic Ocean. The Trans-
Atlantic Geotransect (TAG) cruise will be centered at 26[deg]N and 
45[deg]W in the Mid-Atlantic Ocean during late October 2003, for a 
total of six days of seismic surveying. The Atlantic Deep Western 
Boundary Current (ADWBC) cruise will occur between 39[deg] and 42[deg]N 
and between 45[deg] and 52.5[deg]W, during July and August of 2004 for 
a total of approximately 20 days of surveying. These operations will 
take place in international waters.
    The seismic survey work conducted during the TAG cruise is part of 
a multi-disciplinary experiment, taking place in the TAG Active Mound 
area over a period of nine months. The TAG active mound (26[deg]N on 
the Mid-Atlantic Ridge), which is one of the largest hydrothermal 
deposits found to date on the seafloor, is a large, focused mineral 
deposit on a slow-spreading ridge. The purpose of the TAG cruise is to 
delineate the nature, position, and size of any heat sources (low-
velocity zones) that might drive convection at the TAG active mound, 
and more generally, to provide an understanding of crustal architecture 
in the TAG region. More specifically, the TAG experiment will address 
key issues at the TAG site: (1) the nature of the heat source driving 
circulation, (2) the relationship between faulting on the eastern flank 
and fluid flow at the mound, (3) the possible existence of a low-
velocity zone beneath the rise axis, and (4) the hydraulic connectivity 
of the shallow TAG mound.
    The ADWBC cruise will determine the configuration, age, and 
paleoceanographic significance of the sedimentary sequences on J 
Anomaly Ridge and Southeast Newfoundland Ridge, which may show evidence 
for strong boundary currents dating to the early Paleocene. Proposed 
tracklines for the seismic survey were chosen with four primary 
objectives in mind: (1) to map the main reflection sequences across the 
full extent of the ridges and onto the edges of adjacent abyssal 
plains, (2) to obtain continuity in tracing sequences by profiling 
around major interruptions (seamounts) and optimizing track crossings, 
(3) to provide abundant crossing lines in areas where existing seismic 
and bathymetric data suggest that there are outcrops of pre-Neogene 
strata, and (4) to take advantage of good-quality seismic data, where 
they exist (e.g., Conrad 2510 MCS), in order to make loop correlations 
between tracks.

Description of the Activity

    The TAG seismic survey will involve a single vessel which will 
conduct the seismic work, the R/V Maurice Ewing, operated by LDEO under 
a cooperative agreement with the U.S. National Science Foundation 
(NSF), owner of the vessel. The Maurice Ewing will deploy an array of 
20 airguns as an energy source, and will deploy and retrieve Ocean 
Bottom Hydrophones (OBHs). A hydrophone streamer will not be towed 
during the TAG cruise. The energy to the airgun array is compressed air 
supplied by compressors on board the source vessel. As the airgun array 
is towed along the survey lines, the OBHs and Ocean Bottom Seismometers 
(OBSs) will receive the reflected signals and transfer the data to the 
onboard processing system. All planned geophysical data acquisition 
activities will be conducted by LDEO scientists with onboard assistance 
by the scientists who proposed the study. The TAG program will consist 
of 185 km (100 n.mi.) of survey lines. There will be a total of three 
seismic lines, two along- and one across-axis of the TAG. Water depths 
in the area will vary from 1500 to 4500 m (4921-14,764 ft).
    The ADWBC cruise will involve the oceanographic research vessel R/V 
Knorr, a U.S. Navy-owned ship operated by the Woods Hole Oceanographic 
Institution (WHOI), and will use a portable LDEO seismic system to 
conduct the seismic survey. The vessel will deploy 2 General Injector 
(GI)-guns as an energy source plus a towed streamer containing 
hydrophones to receive the returning acoustic signals. The hydrophone 
array will consist of a 600-m (1969 ft) solid state streamer with a 
200-m (656 ft) tow leader. The energy to the airgun array is compressed 
air supplied by compressors on board the source vessel. As the 2 GI-
guns are towed along the survey line, the hydrophone array will receive 
the returning signals and transfer the data to the onboard processing 
system. All planned geophysical activities will be conducted by the 
scientists who have proposed the study, while LDEO will provide the 
portable high-resolution seismic system that will support the seismic 
surveys for the proposed study. The ADWBC program will consist of 4334 
km (2340 n.mi.) of seismic profiles that will be shot over a period of 
20 days. The most detailed grids of seismic lines are proposed for the 
southern end of J Anomaly Ridge and for moats around seamounts on the 
crest of the Southeast Newfoundland Ridge - both are areas where there 
appear to be extensive pre-Neogene outcrops. Water depths in the area 
will vary from 4000 - 5000 m (13,124-16,405 ft).
    The procedures to be used for the two seismic studies will be 
similar to those used during previous seismic surveys by LDEO, e.g., in 
the equatorial Pacific Ocean (Carbotte et al., 1998, 2000). The 
proposed seismic surveys will use conventional seismic methodology with 
a towed airgun array as the energy source, and either a towed 
hydrophone streamer or OBH and OBS receivers placed on the bottom to 
receive the reflected signals. For the TAG survey, eighteen OBHs will 
be deployed (and recovered) by the Maurice Ewing - eight along each of 
the long axis lines and two on the across axis line. After the seismic 
lines are shot, the data will be downloaded and the OBSs will be 
retrieved during an, as of yet, unscheduled cruise in the summer of 
2004 (during which no seismic sound sources will be used). Along three 
selected seismic lines, 13 OBS receivers will be placed in the proposed 
study area by the R/V Alvin from 7-24 June 2003, before the arrival of 
the Maurice Ewing. In addition, a multi-beam bathymetric sonar will be 
operated from the source vessel continuously throughout both cruises, 
and a lower-energy sub-bottom profiler will also be operated during 
most of both surveys. During the ADWBC study, coring of numerous 
sedimentary outcrops known to exist on the ridges will also take place. 
During both cruises, there will be additional operations associated 
with equipment testing, startup, line changes, and repeat coverage of 
any areas where initial data quality is sub-standard.
    The R/V Maurice Ewing will be used as the source vessel during the 
TAG cruise, and the R/V Knorr will be used as the source vessel during 
the ADWBC cruise. Both vessels will tow airgun arrays along 
predetermined lines, and will also serve as platforms from which 
vessel-based marine mammal observers will watch for marine mammals 
before and during airgun operations.
    During TAG-study airgun operations, the vessel will travel at 7.4-
9.3 km/hr (4-5 knots), and seismic pulses will be emitted at intervals 
of 60-90 seconds (OBS lines during the TAG cruise). The 60-90 sec. 
spacing along OBS lines is to minimize reverberation from previous shot 
noise during OBS data acquisition, and the exact spacing will depend on 
water depth. The airgun array to be used will consist of 20 2000-psi 
Bolt airguns, towed at a depth of 7.5 m (24.5 ft). The 20-gun array 
will include airguns ranging in chamber volume from 80 to 850 in\3\, 
with a total volume of 8,575 in\3\.

[[Page 63763]]

 These airguns will be spaced in an approximate rectangle with 
dimensions of 35 m (115 ft) (across track) by 9 m (30 ft) (along 
track).
    The ADWBC seismic survey will be high-resolution, consisting of two 
105 in3 GI airguns with a total volume of approximately 210 in3, spaced 
7.8 m (26 ft) apart, and towed 37 m (121 ft) behind the vessel at a 
depth of 2-3 m (7-10 ft). Towing airguns at this shallow depth is 
accomplished by suspending the guns from floats, and the resulting 
short-period free surface ``ghosting'' keeps the spectral content broad 
with usable signals up to 300-350 Hz. These airguns produce an 
unusually clean impulse with sufficient energy to penetrate many 
hundreds of meters of sediment. Airgun firing, timing, and 
synchronizing is handled by a LDEO-built controller, which is 
integrated with a SUN workstation-based DGPS navigation, data logging, 
and fire control system. The air is produced by a standalone Price Co. 
2000 psi compressor, and the seismic signals are detected by a solid 
state ITI hydrophone ``Stealtharray'', with 48 12.5-m (41 ft) long 
channels, and a total length of 600 m (1969 ft).
    The dominant frequency components for both airgun arrays is 0 - 188 
Hz. The 2-airgun array will have a peak sound source output level of 
237 dB re 1 microPa or 243 dB peak-to-peak (P-P). The 20-airgun array 
will have a peak sound source output level of 255 dB re 1 microPa or 
262 dB P-P. Because the actual source is a distributed sound source (2 
or 20 airguns) 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. Also, because of the downward directional nature 
of the sound from these airgun arrays, the effective source level for 
sound propagating in near-horizontal directions will be substantially 
lower.
    Along with the airgun operations, several additional acoustical 
data acquisition systems will be operated during most or all of the 
cruises. The ocean floor will be mapped with an Atlas Hydrosweep DS-2 
multi-beam 15.5-kHz bathymetric sonar, and/or a 3.5-kHz sub-bottom 
profiler. These mid-frequency sound sources are commonly operated from 
research vessels simultaneous with airgun arrays as well as in the 
absence of airgun activity.
    The Atlas Hydrosweep sonar will be used during cruises by the R/V 
Maurice Ewing, is mounted in the hull of the vessel, and operates in 
three modes depending on the water depth. The first is a shallow-water 
mode when water depth is <400 m (1312.3 ft); source output is 210 dB re 
1 microPa-m rms and a single 1-millisec (ms) pulse or ``ping'' per 
second is transmitted, with a beamwidth of 2.67 degrees fore-aft and 90 
degrees in athwartship. The beamwidth is measured to the 3 dB point, as 
is usually quoted for sonars. The other two modes are deep-water modes: 
The Omni mode is identical to the shallow-water mode except that the 
source output is 220 dB rms (normally used only during start up). The 
Rotational Directional Transmission (RDT) mode is normally used during 
deep-water operation and has a 237 dB rms source output. In the RDT 
mode, each ``ping'' consists of five successive transmissions, each 
ensonifying a beam that extends 2.67 degrees fore-aft and approximately 
30 degrees in the cross-track direction. The five successive 
transmissions (segments) sweep from port to starboard with minor 
overlap, spanning an overall cross-track angular extent of about 140 
degrees, with tiny (<1 millisec) gaps between the pulses for successive 
30-degree segments. The total duration of the ``ping'', including all 5 
successive segments, varies with water depth but is 1 ms in water 
depths <500 m (1640.4 ft) and 10 ms in the deepest water. For each 
segment, ping duration is 1/5th of these values or 2/5th for a receiver 
in the overlap area ensonified by two beam segments. The ``ping'' 
interval during RDT operations depends on water depth and varies from 
once per second in <500 m (1640.5 ft) water depth to once per 15 
seconds in the deepest water.
    For the ADWBC cruise, the SeaBeam 2100/12 multibeam 12 kHz 
bathymetric sonar system will be used, with a source output of 237 dB 
re 1 microPa-m. Operation of this system is similar to that of the 
Atlas Hydrosweep (described above). The SeaBeam 2100/12 system has a 
swath width of about 3 times the water depth, so it will provide data 
over swaths 10-15 km (5-8 n.mi.) wide during most of the survey.
    The sub-bottom profiler is normally operated to provide information 
about the sedimentary features and bottom topography that is 
simultaneously being mapped by the Hydrosweep. The energy from the sub-
bottom profiler is directed downward by a 3.5-kHz transducer mounted in 
the hull of the vessel. The output varies with water depth from 50 
watts in shallow water to 800 watts in deep water. Pulse interval is 1 
sec. but a common mode of operation is to broadcast five pulses at 1-
sec. intervals followed by a 5-sec. pause. The beamwidth is 
approximately 30[deg] and is directed downward. Maximum source output 
is 204 dB re 1 microPa, 800 watts, while nominal source output is 200 
dB re 1 microPa, 500 watts. Pulse duration will be 4, 2, or 1 ms, and 
the bandwith of pulses will be 1.0 kHz, 0.5 kHz, or 0.25 kHz, 
respectively.
    For the ADWBC cruise, the multibeam bathymetry and sub-bottom 
profiling will be used to define windows where erosion or non-
deposition has exposed deeper sequences suitable for piston coring. 
Coring transects across these windows will provide biostratigraphic age 
determinations that can be used to constrain the age of reflections 
throughout the study area. There will be five days of piston coring 
following completion of the ADWBC seismic survey.
    Additional information on the airgun arrays, bathymetric sonars, 
and sub-bottom profiler specifications is contained in the application, 
which is available upon request (see ADDRESSES).

Comments and Responses

    A notice of receipt of LDEO's application for seismic work in the 
Mid-Atlantic Ocean and proposed IHA was published in the Federal 
Register on September 17, 2003 (68 FR 54421). That notice described in 
detail the proposed activity and the marine mammal species that may be 
affected by it. That information is not repeated here. During the 30-
day public comment period, comments were received from the Marine 
Mammal Commission (Commission).
    Comment 1: The Commission believes that NMFS' preliminary 
determinations are reasonable, provided NMFS is satisfied that the 
proposed mitigation and monitoring activities are adequate to detect 
marine mammals in the vicinity of the proposed operations and to ensure 
that marine mammals are not being taken in unanticipated ways or 
numbers. In this regard, NMFS' Federal Register notice and the 
application state that ``[v]essel-based observers will monitor marine 
mammals near the seismic source vessel during all daylight airgun 
operations and during any nighttime startups of the airguns...'' The 
probability of detecting marine mammals about to enter or already 
inside the presumed safety limits is probably close to zero at night. 
Observers will generally not be on duty, and bridge personnel will have 
limited time to search for marine mammals. The current Federal Register 
notice states that ``[a]n image-intensifier night-vision device (NVD) 
will be available for use at night,'' but previous Federal Register 
notices have stated that ``past experience has shown that NVDs are of 
limited value for this purpose.'' There is no discussion of why 
nighttime operations are considered necessary, why experienced marine 
mammal

[[Page 63764]]

observers will not be on duty during nighttime hours, or how effective 
the observation efforts are expected to be. The efficacy of visual 
monitoring is not clear and may be inadequate during some of the times 
that airguns would be in use. The Commission notes that NMFS has 
previously estimated in a Federal Register notice dated March 19, 2001, 
that visual observation efforts were expected to detect about 5 percent 
of animals inside safety limits (66 FR 15380). Although the efficacy of 
visual observations will be determined by many factors (e.g., species 
in the area, daylight, sea surface conditions, observer position), it 
is feasible that many, if not most, marine mammals go undetected based 
on visual observations alone. If information is available regarding the 
efficacy of visual monitoring from the vessel to be used, then that 
information should be provided to justify NMFS' confidence that the 
proposed monitoring program will be adequate. If no information is 
available to assess efficacy, then NMFS should seek alternative means 
of ensuring that adequate monitoring methods are used, or conduct 
research to evaluate their adequacy. In addition, the Commission notes 
that it is unclear whether vessel-based passive acoustic monitoring 
will be conducted as an adjunct to visual monitoring during the daytime 
and particularly at night to detect, locate, and identify marine 
mammals and, if not, why not.
    Response: Nighttime operations are necessary due to cost 
considerations. The daily cost to the federal government to operate 
vessels such as the Ewing and the Knorr is approximately $33,000 to 
$35,000/day (Ljunngren, pers. comm. May 28, 2003), or approximately 
$910,000 for a total of 26 days of research during both Mid-Atlantic 
cruises. If the vessels were prohibited from operating during 
nighttime, it is possible that each trip would require an additional 
three to five days, or up to $105,000 to $175,000 more, depending on 
average daylight at the time of work.
    Taking into consideration the additional costs of prohibiting 
nighttime operations and the likely impact of the activity (including 
mitigation and monitoring), NMFS has determined that the mitigation 
required by the IHA ensures that the activity will have the least 
practicable impact on the affected species or stocks. In summary, 
marine mammals will have sufficient notice of a vessel approaching with 
operating seismic airguns (at least one hour in advance), thereby 
giving them an opportunity to avoid the approaching array; if ramp-up 
is required after an extended power-down, two marine mammal observers 
will be required to monitor the safety radii using night vision devices 
for 30 minutes before ramp-up begins and verify that no marine mammals 
are in or approaching the safety radii; ramp-up may not begin unless 
the entire safety radii are visible; and ramp-up may occur at night 
only if one airgun with a sound pressure level of at least 180 dB has 
been maintained during interruption of seismic activity. Therefore, it 
is likely that the 20-gun array will not be ramped-up from a shut-down 
at night. See Mitigation and Monitoring for more details.
    It is also noted that at times, pinnipeds and even some small 
cetaceans will approach a vessel during transmissions (the vessel 
itself moving forward at about 3-5 knots) from the side of the vessel 
or the stern, meaning that the animal is voluntarily approaching a 
noise source that is increasing in strength as the animal gets closer. 
Experience indicates that pinnipeds will come from great distances to 
scrutinize seismic-reflection operations. Seals have been observed 
swimming within airgun bubbles only 10 m (33 ft) away from active 
arrays. Also, Canadian scientists, who were using a high-frequency 
seismic system that produced sound frequencies closer to pinniped 
hearing than those used by the Ewing, describe how seals frequently 
approached close to the seismic source, presumably out of curiosity. 
Therefore, NMFS has concluded that this mitigation requirement is 
reasonable because the bridge-watch will be concentrating on marine 
mammals approaching the vessel from the bow. Also, the night-vision 
ability of the trained bridge-watch staff will be better than observers 
elsewhere on the vessel where normal ship-board lighting is more 
likely. Finally, an observer is still required to be on standby, 
meaning he or she will be in the vicinity of the bridge and is not 
precluded from conducting observations during night-time.
    The methodology for visual observations was changed since the 5 
percent estimate (noted by the Commission above), resulting in a 
revised estimate of 9 percent efficacy (67 FR 46712, July 16, 2002). 
That figure includes both daytime and nighttime periods of observation. 
The rate increases to 18 percent based only on daytime monitoring. 
However, NMFS shipboard marine mammal assessment surveys estimate a 
higher rate of efficacy. It should be understood that these efficacy 
ratings were based on most difficult marine mammals to sight, such as 
harbor porpoise and Cuvier's beaked whales, and not those more easily 
sighted.
    Passive means of monitoring was found to be 25 percent effective. 
However, shipboard passive acoustics do not allow scientists to 
determine a marine mammal's distance from the vessel through 
triangulation; the vessel operator could determine only that a marine 
mammal is some unknown distance from the vessel. In order to 
triangulate on the animal, a system similar to that used in the Gulf of 
Mexico (GOM) Sperm Whale Seismic Study (SWSS) in May, 2003 would be 
needed. The passive acoustical monitoring equipment that was used 
onboard the Ewing during the GOM SWSS is not the property of LDEO or 
the Ewing, and therefore is not available for the Mid-Atlantic cruises. 
LDEO is presently evaluating the scientific results of the passive 
sonar from the SWSS trip to determine whether it is practical to 
incorporate it into future seismic research cruises. NMFS expects a 
report on this analysis shortly.
    Finally, NMFS notes that the monitoring methods employed on the 
Ewing are standard methods used onboard vessels for conducting marine 
mammal abundance surveys and under IHA's. NMFS would welcome the 
Commission's participation in its annual workshop in Seattle, WA to 
discuss similar monitoring methodology used in oil exploration and 
production, including vessel seismic operations, in Arctic waters or in 
another venue. NMFS is especially interested in exploring with the 
Commission the potential for alternative, practical, monitoring 
methodology for use in waters too far from shore-side facilities to 
make aircraft surveillance practical. Recently, LDEO submitted its 
required monitoring report for the IHAs issued for the Ewing's seismic 
work in the Gulf of Mexico (68 FR 32460, May 30, 2003) and Hess Deep 
(68 FR 41314, July 11, 2003). Copies of those documents are available 
upon request (see ADDRESSES).
    Comment 2: Several species of cetaceans for which LDEO is seeking 
incidental take authority stay submerged on most dives for more than 30 
minutes. The Commission questions whether conducting monitoring ``for 
at least 30 minutes prior to the planned start of airgun operations'' 
during the day and at night is sufficient to detect those species.
    Response: NMFS believes that a 30-minute pre-ramp-up monitoring 
period is sufficient considering that the ramp-up period will increase 
SPLs at a rate no greater than 6 dB per 5-minutes for a ramp-up 
duration of approximately 25 min for the 20-gun array and a total

[[Page 63765]]

monitoring period of approximately 55 minutes. Also, while some whale 
species may dive for up to 45 minutes, it is unlikely that the ship's 
bridge watch would miss a large whale surfacing from its previous dive 
if it is within a mile or two of the vessel.
    Comment 3: The Federal Register notice for the proposed IHA and the 
applicant's request notes that there are several species of beaked 
whales in the proposed survey area, but the notice makes no reference 
to or requirement for any additional caution with respect to beaked 
whales or that post-survey monitoring be conducted to search for 
animals that may have been taken other than by harassment.
    Response: While NMFS shares the Commission's concern regarding the 
possible relationship between low-frequency seismic survey 
transmissions and the beaked whale strandings in the Gulf of 
California, NMFS believes that additional factors probably also 
influence whether beaked whales will be affected in ways other than the 
expected reaction of vacating the immediate vicinity of the noise, 
similar to the reactions of other marine mammal species. For example, 
beaked whales in the Gulf of Mexico have been exposed to seismic noise 
for several decades, yet mass stranding events do not appear in the 
stranding record. Finally, post-survey monitoring is not being required 
under this IHA because it is neither practical given the location (mid-
ocean) and vessel commitments, nor warranted given the unlikelihood 
(based on the 2000 Bahamas stranding event) that beaked whales will 
show distress at the ocean surface. However, NMFS welcomes 
recommendations regarding additional practical mitigation measures to 
protect beaked whales from anthropogenic sounds.

Mitigation

    For the TAG seismic survey, LDEO will use a 20-gun array with a 
total volume of 8575 in\3\. Individual airguns will range in size from 
80 to 850 in3. For the ADWBC cruise, LDEO will use 2 GI-guns with a 
total volume of 210 in\3\. The airguns comprising these arrays will be 
spread out horizontally, so that the energy from the arrays will be 
directed mostly downward.
    The sound pressure fields were modeled by LDEO in relation to 
distance and direction from the 2 GI-guns and the 20-gun array, as 
shown in Figures 5 and 6 of the application (LDEO Mid-Atlantic, 2003). 
The radii around the arrays where the received level would be 180-dB re 
1 microPa (rms) (NMFS' threshold level for onset of Level A harassment 
applicable to cetaceans) were estimated as 54 m (177 ft) and 900 m 
(2953 ft), respectively, for the 2-GI and 20-gun array. The radii 
around the 2 GI-guns and the 20-gun array where the received level 
would be 190 dB re 1 microPa (rms), (NMFS' threshold level for onset of 
Level A harassment applicable to pinnipeds), were estimated as 17 m (56 
ft) and 275 m (902 ft), respectively. A calibration study was conducted 
prior to these surveys to determine the actual radii corresponding to 
each sound level. These actual radii will be used to define the safety 
radii to be used for this study. Until then, or if those measurements 
appear defective, LDEO will use a precautionary 1.5 times the modeled 
180- (cetaceans) and 190- (pinnipeds) dB radii as the safety radii.
    Vessel-based observers will monitor marine mammals in the vicinity 
of the arrays. LDEO will power-down the airguns if marine mammals are 
observed approaching or within the safety radii. LDEO will employ a 
ramp-up procedure when commencing operations using the 20-gun array. 
Ramp-up will begin with the smallest gun in the array (80 in\3\), and 
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-minute period 
over a total duration of about 25 minutes. Ramp-up will not occur for 
the 2-GI gun array because the total air discharge volume is small (210 
in\3\). Please refer to LDEO's application for more detailed 
information. The directional nature of the 20-airgun array to be used 
in this project is an important mitigating factor, resulting in lower 
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. Because the actual seismic source is a 
distributed sound source (2 or 20 guns) 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.

Marine Mammal Monitoring

    At least two vessel-based observers will be stationed aboard LDEO's 
seismic survey vessel during seismic operations in the Mid-Atlantic 
Ocean. One or two marine mammal observers aboard the seismic vessel 
will search for and observe marine mammals whenever seismic operations 
are in progress during daylight hours, and if feasible, during periods 
without seismic activity. Vessel-based observers will monitor for 
marine mammals near and in the safety radii for at least 30 minutes 
prior to and during all daylight ramp-up and airgun operations, and 
during any nighttime startups of the airguns. Airgun operations will be 
suspended when marine mammals are observed within, or about to enter, 
the designated safety radii. Observers will not be required to be on 
duty during ongoing seismic operations at night; bridge personnel will 
watch for marine mammals during this period and will call for the 
airguns to be powered down if marine mammals are observed in or about 
to enter the safety radii. At least one marine mammal observer will be 
on ``standby'' at night, in case bridge personnel see a marine mammal. 
An image-intensifier night-vision device (NVD) will be available for 
use at night. If the airguns are started up at night, two marine mammal 
observers will monitor for marine mammals near the source vessel for 30 
minutes prior to start up using NVDs. The 30-minute observation period 
is only required prior to commencing seismic operations following an 
extended shut down period (see Ramp-up Procedures below). After 30 
minutes of observation, the ramp-up procedure will be followed.
    The observers will watch for marine mammals from the highest 
practical vantage point on the vessel, which is either the flying 
bridge or the bridge. On the R/V Maurice Ewing, 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. If 
observers are stationed on the flying bridge, the eye level will be 
14.4 m (47.2 ft) above sea level. The proposed monitoring plan is 
summarized later in this document.

Mitigation During Operations

    The following mitigation measures, as well as marine mammal 
monitoring, will be adopted during the proposed Mid-Atlantic seismic 
surveys, provided that doing so will not compromise operational safety 
requirements: (1) Speed or course alteration; (2) Power-down 
procedures; (3) Shut-down procedures; and (4) Ramp-up procedures.

Course Alteration

    If a marine mammal is detected outside the appropriate safety 
radius and, based on its position and the relative bearing, is likely 
to enter the safety radius, the vessel's speed and/or direct course 
will be changed in a manner that also minimizes the effect to the 
planned science objectives. The marine mammal activities and movements 
relative to the seismic vessel will be closely monitored to ensure that 
the marine mammal does not approach or enter the safety radius. If the 
mammal appears likely to enter the safety radius,

[[Page 63766]]

further mitigative actions will be taken, i.e., either further course 
alterations or shutdown of the airguns.

Power-down and Shut-down Procedures

    Received sound levels have been modeled for the 2-GI and 20-gun 
arrays. Based on the modeling, estimates of the 190- and 180-dB re 1 
microPa (rms) distances (safety radii) for these arrays have been 
provided previously in this document.
    Airgun operations will be powered- or shut-down immediately when 
cetaceans or pinnipeds are seen within or about to enter the 
appropriate 180-dB (rms) or 190-dB (rms) radius, respectively. These 
180- and 190-dB criteria are consistent with guidelines listed for 
cetaceans and pinnipeds by NMFS (2000) and other guidance by NMFS. If a 
marine mammal is detected outside the safety radius but is likely to 
enter the safety radius, and if the vessel's course and/or speed cannot 
be changed to avoid having the marine mammal enter the safety radius, 
the airguns will be powered-down before the mammal is within the safety 
radius. If a mammal is already within the safety radius when first 
detected, the airguns will be powered-down immediately. If a marine 
mammal is seen within the appropriate safety radius of the array while 
the guns are powered-down, airgun operations will be shut-down. For the 
power-down procedure for the 20-gun array, one 80 in3 airgun will be 
operated during the interruption of seismic survey. When the 2 GI-guns 
are in use, a shut-down rather than a power-down will likely be 
necessary. Airgun activity (after both power-down and shut-down 
procedures) will not resume until the marine mammal has cleared the 
safety radius. The animal has cleared the safety radius if it is 
visually observed to have left the safety radius, or if it has not been 
seen within the zone for 15 min (small odontocetes and pinnipeds) or 30 
min (mysticetes and large odontocetes, including sperm, pygmy sperm, 
dwarf sperm, beaked, and bottlenose whales).

Ramp-up Procedure

    A ``ramp-up'' procedure will be followed when the airgun arrays 
begin operating after a specified duration without airgun operations. 
Under normal operational conditions (vessel speed 4 knots, or 7.4 km/
hr), a ramp-up would be required after a power-down or shut-down period 
lasting about 8 minutes or longer if the Ewing was towing the 20-gun 
array. At 4 knots, the source vessel would travel 900 m (2953 ft) 
during an 8-minute period. If the towing speed is reduced to 3 knots or 
less, as sometimes required when maneuvering in shallow water, a ramp-
up would be required after a ``no shooting'' period lasting 10 minutes 
or longer. At towing speeds not exceeding 3 knots, the source vessel 
would travel no more than 900 m (3117 ft) in 10 minutes. Based on the 
same calculation, a ramp-up procedure would be required after a 6 
minute period if the speed of the source vessel was 5 knots. During the 
ramp-up procedures, the safety radii for the full gun array will be 
maintained.
    Ramp-up will not occur if the safety radius has not been visible 
for at least 30 min prior to the start of operations in either daylight 
or nighttime. If the safety radius has not been visible for that 30 
minute period (e.g., during darkness or fog), ramp-up will not commence 
unless one airgun with a sound pressure level (SPL) of at least 180 dB 
has been maintained during the interruption of seismic activity. 
Therefore, it is likely that the 20-gun array will not be ramped up 
from a shut-down at night or in thick fog, since the safety radii for 
this array will not be visible during those conditions.

Monitoring and Reporting

    LDEO will conduct marine mammal monitoring of its Mid-Atlantic 
seismic programs in order to verify that the taking of marine mammals, 
by harassment, incidental to conducting the seismic survey will have a 
negligible impact on marine mammal stocks and to ensure that these 
harassment takings are at the lowest level practicable.

Vessel-based Visual Monitoring

    The observer(s) will systematically scan the area around the vessel 
with reticle binoculars (e.g., 7 X 50 Fujinon) and with the naked eye 
during the daytime. At night, NVDs will be available (ITT F500 Series 
Generation 3 binocular image intensifier or equivalent). Laser 
rangefinding binoculars (Leica LRF 1200 laser rangefinder or 
equivalent) will be available to assist with distance estimation.
    At least two observers will be based aboard the vessel, and at 
least one will be an experienced marine mammal observer. Observers will 
be appointed by LDEO with NMFS concurrence. 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. LDEO bridge personnel will 
also assist in detecting marine mammals and implementing mitigation 
requirements whenever possible (they will be given instruction on how 
to do so), especially during ongoing operations at night, when 
designated observers will not be on duty. If ramp-up procedures must be 
performed at night, two observers will be on duty 30 minutes prior to 
the start of airgun operations and during the subsequent ramp-up 
procedures. Ramp-up is not required for the 2 GI gun array, but 
observers must watch for 30 minutes prior to operation of the 2 GI-guns 
and the safety radii must be visible.

Reporting

    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; and (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 power- and shut-downs will be 
recorded in a standardized format. Data will be entered into a custom 
database using a laptop computer when observers are off-duty. The 
accuracy of the data entry will be verified by computerized validity 
data checks as the data are entered and by subsequent manual checking 
of the database. These procedures will allow initial summaries of data 
to be prepared during and shortly after the field program, and will 
facilitate transfer of the data to statistical, graphical or other 
programs for further processing and archiving.
    A report will be submitted to NMFS within 90 days after the end of 
each cruise in the Mid-Atlantic Ocean. The end of the TAG cruise is 
predicted to occur on or about November 7, 2003. The end of the ADWBC 
cruise is predicted to occur during August 2004. The report will 
describe the operations that were conducted and the marine mammals that 
were detected. The report will be submitted to NMFS, providing full 
documentation of methods, results, and interpretation pertaining to all 
monitoring tasks. The 90-day report will summarize the dates and 
locations of seismic operations, marine mammal sightings (dates, times, 
locations, activities, associated seismic survey

[[Page 63767]]

activities), and estimates of the amount and nature of potential take 
of marine mammals by harassment or in other ways. The draft report will 
be considered the final report unless comments and suggestions are 
provided by NMFS within 60 days of its receipt of the draft report.

Estimates of Take by Harassment for the Mid-Atlantic Cruises

    As described previously (see 68 FR 17909, April 14, 2003) and in 
the LDEO application, animals subjected to sound levels [gteqt]160 dB 
may alter their behavior or distribution, and therefore might be 
considered to be taken by Level B harassment.
    The estimates of takes by harassment are based on the number of 
marine mammals that may be exposed to seismic sounds [gteqt]160 dB re 1 
microPa (rms) by operations with the 20-airgun array and the 2 GI-guns, 
during the TAG and ADWBC cruises, respectively. Based on marine mammal 
density sightings and effort data collected during a survey of offshore 
waters northeast of the Azores by Lens (1991), LDEO used their 
estimates of marine mammal density to compute the best (and maximum) 
estimates of the number of marine mammals that may be exposed to 
received levels [gteqt]160-dB re 1 microPa (rms) (NMFS' current 
criterion for onset of Level B harassment). The best estimates of 
densities were then multiplied by the linear extent of the proposed 
survey effort and by twice the 160-dB radius around the applicable 
airgun array. The proposed survey effort is 185 km (100 n.mi.) for the 
TAG cruise, and 4329 km (2340 n.mi.) for the ADWBC cruise. The 160-dB 
radius for the TAG cruise (20-gun array) is 9000 m (29,529 ft), whereas 
that for the ADWBC cruise (2 GI-guns) is 510 m (1673 ft). For large 
cetaceans, LDEO used 0.5x the densities seen during the Lens (1991) 
survey to calculate the numbers that might be exposed to seismic 
sounds, but even this reduced number is likely a high estimate, because 
the proposed survey areas are likely less productive, so feeding 
aggregations similar to those seen by Lens (1991) are not likely to be 
seen. In particular, the two areas where the proposed surveys will be 
conducted are farther offshore and likely in less productive waters 
than the area surveys northeast of the Azores (Lens 1991). Thus, 
densities are likely to be much lower in the two survey areas than in 
the Lens (1991) survey area.
    Based on this method, tables 3 and 4 of LDEO's application give the 
best estimates, as well as maximum estimates, of densities for each 
species or species group of cetacean in the two seismic survey areas 
during the TAG and ADWBC cruises, respectively, 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 Mid-Atlantic Ocean. During the TAG cruise, 
38 of the marine mammals exposed to sounds [gteqt]160 dB re 1 microPa 
(rms) would be endangered species, primarily fin (18) and sperm whales 
(15). During the ADWBC cruise, 49 of the marine mammals exposed to 
sounds [gteqt]160 dB re 1 microPa (rms) would be endangered species, 
primarily fin (24) and sperm whales (20). During both research cruises, 
Delphinidae would account for 92 percent of the overall estimate for 
potential taking by harassment during each of the two seismic surveys 
(i.e., 709 of 772 (TAG) and 943 of 1028 (ADWBC)). While there is no 
agreement regarding any alternative to the 160-dB ``take'' criterion 
for dolphins exposed to airgun pulses, if only those dolphins exposed 
to [gteqt]170 dB re 1 microPa (rms) were considered taken by Level B 
harassment, then the best estimate for common dolphins (the most 
abundant dolphin in the area) would be 91 rather than 316 during the 
TAG cruise, and 144 rather than 419 during the ADWBC cruise. These are 
based on the predicted 170-dB radius around the 20- and 2-airgun arrays 
(2600 and 175 m (8530 and 574 ft), respectively), and are considered to 
be more realistic estimates of the number of each species of delphinid 
that may be harassed, given their apparently higher tolerance of low 
frequency sound. Therefore, the total number of animals likely to be 
harassed is considerably lower than the estimated 772 (TAG cruise) 
animals or 1028 (ADWBC cruise) animals.

Conclusions

Effects on Cetaceans

    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 nm) and occasionally as far as 20-30 km (10.8-16.2 nm) from the 
source vessel. Some bowhead whales in Arctic waters avoided waters 
within 30 km (16.2 nm) 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 are those of 
mysticetes. Odontocete low-frequency hearing is less sensitive than 
that of mysticetes, and dolphins are often seen from seismic vessels. 
There are documented instances of dolphins approaching active seismic 
vessels. However, dolphins as well as some other types of odontocetes 
sometimes show avoidance and/or other changes in behavior when near 
operating seismic vessels.
    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.'' Reactions 
by mysticetes are expected to involve small numbers of individual 
cetaceans because few mysticetes occur in the area where seismic 
surveys are proposed. For Bryde's whales, LDEO's best estimate is that 
1 animal during each of the cruises, which translates to 3 percent of 
the North Atlantic population for this species in the area of the TAG 
survey, and 1.5 percent of the North Atlantic population for this 
species in the area of the ADWBC survey, has the potential to be 
exposed to sound levels [gteqt]160 dB re 1 microPa (rms) and 
potentially affected. LDEO's best estimate is that 18 (TAG) and 24 
(ADWBC) fin whales, both of which are <0.1 percent of the estimated 
North Atlantic fin whale population (IWC 2003), will be exposed to 
sound levels [gteqt]160 dB re 1 microPa (rms) and potentially affected. 
Similarly, only 15 (TAG) and 20 (ADWBC) sperm whales, or approximately 
0.1 and 0.2 percent of the estimated North Atlantic sperm whale 
population, would receive seismic sounds [gteqt]160 dB. Therefore, 
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 determined that this action will have a negligible 
impact on the affected species or stocks.
    Larger numbers of odontocetes may be affected by the seismic 
activities, but the populations sizes of most of the species are large 
and the numbers potentially affected are small relative to the 
population sizes. The best estimate of the total number of odontocetes 
that might be exposed to [gteqt]160 dB re 1 microPa (rms) in the 
proposed survey areas in the Mid-Atlantic Ocean is 746 for the TAG 
cruise, and 991 for the ADWBC cruise. Of these, 709 (TAG cruise) and 
943 (ADWBC cruise) are Delphinidae, and of these about 204 (TAG cruise) 
and 322 (ADWBC cruise) might be exposed to [gteqt]170 dB. Approximately 
316 and 419 common dolphins (the most abundant delphinid in the 
proposed survey areas) are expected to be exposed to seismic sounds 
[gteqt]160 dB in the TAG and

[[Page 63768]]

ADWBC seismic survey areas, respectively. These figures represent 
considerably less than 0.2 and 0.3 percent of the North Atlantic 
population of common dolphins, respectively. Of these, 91 and 144, 
respectively, might be exposed to [gteqt]170 dB. These figures are much 
less than 0.1 percent of the North Atlantic population and the 170-dB 
values (91 and 144) are believed to be a more accurate estimate of the 
number potentially affected. Smaller numbers of other species of 
dolphins will be exposed to seismic sounds [gteqt]160 dB during the 
surveys, and the numbers for each species represent considerably less 
than 0.1 to 0.7 percent of each population. The numbers that might be 
exposed to [gteqt]170 dB are even smaller and represent considerably 
less than 0.1 to 0.2 percent of each population; these latter 
percentages are believed to be a more accurate estimate of the numbers 
potentially affected. Based on the relatively low numbers of marine 
mammals that will be exposed at levels [gteqt]160 dB and the expected 
impacts at these levels, NMFS has determined that this action will have 
a negligible impact on the affected species or stocks.
    Altogether, the mitigation measures explained in this document (See 
Mitigation) will reduce short-term reactions to disturbance, and 
minimize any effects on hearing sensitivity.

Effects on Pinnipeds

    Very few if any pinnipeds are expected to be encountered during the 
proposed seismic surveys in the Mid-Atlantic Ocean. Most have a coastal 
distribution or are distributed along the pack-ice edge. Therefore, it 
is unlikely that pinnipeds will be encountered in either study area. 
However, if pinnipeds are encountered, they are more likely to be seen 
during the ADWBC cruise in the northern Mid-Atlantic than during the 
TAG cruise. A few gray seals, which are normally found in coastal areas 
might be seen during the ADWBC cruise. In addition, a few vagrant 
harbor seals, harp seals, or hooded seals might be encountered. None of 
the pinniped species is endangered or depleted.
    Because no seismic surveys will take place in coastal and nearshore 
areas, the best estimate of the numbers of each of the more common (but 
still unlikely) species that might be taken by Level B harassment is no 
more than 2 and is most likely 0. For the other less-common species the 
best estimate is zero. 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. Responses of pinnipeds to acoustic disturbance are 
variable, but usually quite limited. Effects are expected to be limited 
to short-term and localized behavioral changes falling within the MMPA 
definition of Level B harassment. Therefore, based on these effects and 
the relatively low numbers of pinniped species that may be exposed, 
NMFS has determined that this action will have a negligible impact on 
the affected species or stocks.

Determinations

    Based on the information contained in the LDEO application, the NSF 
EA, the September 17, 2003, proposed authorization notice (68 FR 54421) 
and this document, NMFS has determined that conducting two marine 
seismic surveys, one each by the Ewing and the Knorr, in the Mid-
Atlantic Ocean 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 affected 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 
n no more than a negligible impact on the affected species. Also, while 
the number of actual 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.

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 two oceanographic seismic surveys 
in the Mid-Atlantic Ocean by LDEO. The consultation concluded with a 
biological opinion that this action 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 equatorial Pacific Ocean; therefore, none will be 
affected. A copy of the Biological Opinion is available upon request 
(see ADDRESSES).

National Environmental Policy Act (NEPA)

    On July 30, 2003, the NSF made a determination, based on 
information contained within its Environmental 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 September 17, 2003 (68 FR 
54421), NMFS noted that the NSF had prepared an EA for the Mid-Atlantic 
surveys and made it available upon request. In accordance with 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, supplemental EA or an environmental impact 
statement 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 40 CFR 1506.3. A copy of the NSF EA for this activity is 
available upon request (see ADDRESSES).

Authorization

    NMFS has issued an IHA to take small numbers of marine mammals, by 
harassment, incidental to conducting two marine seismic surveys, one by 
the Ewing and one by the Knorr, in the Mid-Atlantic Ocean to LDEO for a 
1-year period, provided the mitigation, monitoring, and reporting 
requirements described in this document and the IHA are undertaken.

    Dated:October 23, 2003.
Phil Williams,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-28129 Filed 11-7-03; 8:45 am]
BILLING CODE 3510-22-S