[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Notices]
[Pages 65438-65445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29037]



[[Page 65438]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 090903C]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Oceanographic Survey in the Northwest Atlantic Ocean Near Bermuda

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 an oceanographic survey in the 
Northwest Atlantic Ocean near Bermuda has been issued to Lamont-Doherty 
Earth Observatory (LDEO).

DATES: Effective from November 14, 2003 through November 13, 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 16, 2003, NMFS received an application from LDEO for the 
taking, by harassment, of several species of marine mammals incidental 
to conducting a seismic survey by the R/V Maurice Ewing within the 
Northwest Atlantic Ocean off the coast of Bermuda near the Bermuda Rise 
area, between 29[deg] and 35[deg] N and between 61[deg] and 68[deg] W, 
during mid- to late-November and early December 2003. These operations 
will take place within the Exclusive Economic Zone (EEZ) of Bermuda and 
adjacent international waters. Clearance to conduct the seismic survey 
in the foreign EEZ has been requested from Bermuda (U.K.). The purpose 
of this project is to determine what physical and chemical changes have 
been imparted to the tectonic plate as a result of the eruption of the 
Bermuda volcano. By understanding what portion of the uplift of the 
seafloor is caused by thermal (temporary) versus chemical (permanent) 
changes to the plate, it will be possible to predict the rate that 
volcanoes in the middle of plates will sink beneath the waves.

Description of the Activity

    The seismic survey will involve a single vessel, the R/V Maurice 
Ewing. The Maurice Ewing will deploy an array of 20 airguns as an 
energy source, and a receiving system consisting of Ocean Bottom 
Hydrophones (OBH's), 96 sonobuoys, and/or a 6-km (3.2-nm) towed 
hydrophone streamer. 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 towed hydrophone streamer or OBH's 
will receive the returning acoustic signals and transfer the data to 
the on-board processing system. The OBH's and sonobuoys will be 
deployed by the R/V Maurice Ewing.
    All planned geophysical data acquisition activities will be 
conducted by LDEO scientists, with on-board assistance from the 
scientists who have proposed the study. The survey will be conducted in 
the deep ocean depths (1000 m or 3281 ft) of the Bermuda 
Rise. The survey program will consist of approximately 2400 km (1296 
nm) of survey lines. There will be two intersecting seismic reflection 
and refraction lines, each approximatel600 km (324 nm) long. One line 
will be oriented north-south along a magnetic isochron, and the other 
line will be oriented east-west along the presumed track of the 
hotspot. The point of intersection of these two lines will be in close 
vicinity of Bermuda Island. Each of the two lines will be surveyed 
twice. Along each line, the upper crustal structure will be determined 
by acquiring multibeam sonar, multichannel seismic (MCS), and sonobuoy 
refraction data. Then, a linear array of OBH's will be deployed for 
refraction shooting. The specific configuration of the airgun array 
will differ between the MCS and OBH surveys (described later in this 
document). 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 procedures to be used for the 2003 seismic survey 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 program will use conventional seismic methodology with a towed 
airgun array as the energy source and a towed streamer containing

[[Page 65439]]

hydrophones as the receiver system. In addition, sonobuoys and OBH's 
will also be used at times as the receiver system. In addition, a 
multi-beam bathymetric sonar will be operated from the source vessel 
continuously throughout the entire cruise, and a lower-energy sub-
bottom profiler will also be operated during most of the survey. The 
Bermuda cruise will likely commence on November 14, 2003, and continue 
until the third week of December, 2003. Exact dates of the activity may 
vary by a few days due to weather conditions of the need to repeat some 
lines if data quality is substandard.
    During seismic acquisition, the vessel will travel at 4-5 knots 
(7.4-9.3 km/hr). During the MCS survey, the airgun array to be used 
will consist of 20 2000-psi Bolt airguns. The standard 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\. These airguns will be spaced in an 
approximate rectangle of dimensions of 35 m (115 ft)(across track) by 9 
m (30 ft)(along track). Seismic pulses will be emitted at intervals of 
approximately 20 seconds. The 20-sec spacing corresponds to a shot 
interval of about 50 m (164 ft). After the lines have been surveyed 
using MCS, the hydrophone streamer will be retrieved and OBH's will be 
deployed. During OBH refraction, an augmented 20-gun array will be used 
and configured for a total volume of approximately 11,000 in\3\ by 
changing smaller gun chambers for larger volume chambers (ranging from 
145 to 875 in\3\). Seismic pulses will be emitted at intervals of 240 
seconds during OBH acquisition. LDEO believes that even though the 
augmented 20-gun array will have a total air discharge volume of 
approximately 2400 in\3\ more than the standard 20-gun array, this will 
not significantly increase the source output since the number of guns 
has a greater effect on source output than discharge volume.
    The dominant frequency components for both airgun arrays is 0 - 188 
Hz. The standard 20-airgun array (MCS survey) will have a peak sound 
source level of 255 dB re 1 microPa or 262 dB peak-to-peak (P-P), and 
will be towed at a depth of 7.5 m (24.5 ft). The augmented 20-airgun 
array (OBH survey) will have a peak sound source level of 256 dB re 1 
microPa or 263 dB P-P, and will be towed at a depth of 9.0 m (29.5 ft). 
Because the actual source is a distributed sound source (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. Also, because of the directional nature of the sound from the 
airgun array, the effective source level for sound propagating in near-
horizontal directions will be substantially lower.
    Along with the airgun operations, two additional acoustical data 
acquisition systems will be operated during most or all of the cruise. 
The ocean floor will be mapped with an Atlas Hydrosweep DS-2 multibeam 
15.5-kHz bathymetric sonar, and a 3.5-kHz sub-bottom profiler will also 
be operated along with the multi-beam sonar. These mid-frequency sound 
sources are commonly operated from the Maurice Ewing simultaneous with 
the airgun array.
    The Atlas Hydrosweep is mounted in the hull of the R/V Maurice 
Ewing, and it 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). The source output is 210 dB re 1 microPa-m rms and a single 1-
millisec 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. The 
Omni mode is 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 millisec in water depths 
<500 m (1640.5 ft) and 10 millisec 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.
    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 Maurice Ewing. The output varies with water depth from 
50 watts in shallow water to 800 watts in deep water. Pulse interval is 
1 second but a common mode of operation is to broadcast five pulses at 
1-s intervals followed by a 5-s pause. Most of the energy in the sound 
pulses emitted by this multi-beam sonar is at mid-frequencies, centered 
at 3.5 kHz. 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.
    Along the two selected seismic lines, data will first be acquired 
using multibeam sonar, multichannel seismic, and sonobuoys. A total of 
96 sonobuoys will be available, and the Ewing system allows two 
sonobuoys to be recorded at any time. The sonobuoy profiles will be 
analyzed during the MCS shooting and streamer recovery on each line. 
The preliminary results from the sonobuoy refraction will be used to 
plan the OBH deployment pattern on the subsequent deep refraction 
survey. Twenty OBH's will be deployed for each line.
    Additional information on the airgun arrays, Atlas Hydrosweep, 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 
Northwest Atlantic Ocean near Bermuda and proposed IHA was published in 
the Federal Register on October 9, 2003 (68 FR 58308). 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. However, the Commission notes that 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

[[Page 65440]]

Federal Register notice for the proposed IHA 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 observers will not be on duty 
during nighttime hours, or how effective the observation efforts are 
expected to be. The efficacy of visual monitoring during some of the 
times that airguns would be in use and under some of the conditions 
likely to be encountered (e.g., during night time operations or in 
heavy sea states) is highly questionable. 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 
effectiveness of visual observations will depend on several factors, it 
appears likely that many, if not most, marine mammals will go 
undetected under the proposed monitoring scheme. If additional 
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 such information is available, then NMFS should seek 
alternative means of ensuring that the required monitoring program is 
likely to detect most marine mammals in or near the safety zones. 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 is approximately $33,000 to $35,000/day 
(Ljunngren, pers. comm. May 28, 2003). If the vessel is prohibited from 
operating during nighttime, it is possible that the 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 adverse 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 acoustic 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 Bermuda cruise. 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.

[[Page 65441]]

    Response: NMFS believes that a 30-minute pre-ramp-up monitoring 
period is sufficient considering that the ramp-up period will increase 
Sound Pressure Level (SPL) 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 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 does not indicate 
that additional caution with respect to these species may be necessary 
or propose any post-survey monitoring of the sort that would be needed 
to detect animals that may have been taken other than by harassment.
    Response: 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. However, 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. Therefore, 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 LDEO's survey near Bermuda, NMFS has decided 
to include additional monitoring requirements within the IHA (see 
Monitoring below).

Mitigation

    For the seismic operations in the Bermuda Rise area in 2003, LDEO 
will use two different configurations of a 20-airgun array. 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 standard and augmented 20-gun arrays as 
shown in Figures 5 and 6 of the application, respectively (LDEO Bermuda 
2003). Since the sound pressure fields around both configurations of 
the 20-gun array are similar, the marine mammal safety radii for the 
augmented 20-gun array will be used for the duration of the cruise. The 
radius around the augmented 20-gun array where the received level would 
be 180 dB re 1 microPa (rms) (the current level established for onset 
of Level A harassment of cetaceans) is estimated as 925 m (3035 ft). 
The radius around the augmented 20-gun array where the received level 
would be 190 dB re 1 microPa (rms), (the current level established for 
onset of Level A harassment of pinnipeds), is estimated as 300 m (984 
ft). 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.
    The directional nature of the 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 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.
    The following mitigation measures, as well as marine mammal 
monitoring, will be adopted during the Bermuda seismic survey program, 
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 safey radius, further mitigative 
actions will be taken, i.e., either further course alterations or 
power- or shut-down of the airguns.

Power-down and Shut-down Procedures

    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) safety radius. If a marine 
mammal is detected outside the safety radius but is likely to enter it, 
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. A power-down involves decreasing 
the number of airguns in use such that the radius of the 180-dB zone is 
decreased to the extent that marine mammals are not in the safety 
radii. A power-down may also occur when the vessel is moving from one 
seismic line to another. For the power-down procedure, one airgun 
(either 80 or 145 in\3\) will be operated during the interruption of 
seismic survey. 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 radius for 15 min (small odontocetes and pinnipeds) or 
30 min (mysticetes and large odontocetes, including sperm, pygmy sperm, 
dwarf sperm and beaked whales).
    If a cetacean is detected close to the airgun array during a power-
down, modeled safety radii for a single gun will be maintained. If the 
standard 20-gun array is used, the single gun that will be firing is 80 
in\3\, and for the augmented array, it is 145 in\3\. The safety radii 
for the larger 145 in\3\ gun will be used for mitigation purposes. 
Since no calibrations have been done to confirm the modeled safety 
radii for this single gun, conservative (1.5 times the safety radius) 
radii will be used: 48 m or 158 ft (the conservative radius is 72 m or 
236 ft) for cetaceans, and 17 m or 56 ft (the conservative radius is 26 
m or 85 ft) for pinnipeds.

Ramp-up Procedure

    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\ for the standard array and 145 in\3\ for the augmented 
array), 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. This ramp-up 
procedure will

[[Page 65442]]

be followed when the airgun array begins operating after a specified-
duration period without airgun operations. Under normal operational 
conditions (vessel speed of about 4 knots or 7.4 km/hr), the Maurice 
Ewing would travel 900 m (2953 ft) in about 7 minutes and a ramp-up 
will be required after a power-down or shut-down period lasting 7 
minutes or longer if the Ewing tows a 20-airgun array. If the towing 
speed is reduced to 3 knots or less, a ramp-up will be required after a 
``no shooting'' period lasting 10 minutes or longer. Based on the same 
calculation, a ramp-up procedure will be required after a 6 minute 
period if the speed of the source vessel was 5 knots. During the ramp-
up procedures, the safety zone 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 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 of airgun operations and during the 
subsequent ramp-up procedures. 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 an 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 seismic survey 
near Bermuda 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.

Marine Mammal Monitoring

    At least two vessel-based observers dedicated to marine mammal 
observations within the vicinity of the array will be stationed aboard 
LDEO's seismic survey vessel for the seismic survey near Bermuda. 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. Airgun operations will be suspended when marine 
mammals are observed within, or about to enter, designated safety 
radii, where there is a possibility of Level A harassment. The 
observers will watch for marine mammals from the highest practical 
vantagepoint on the vessel, which is either the bridge or the flying 
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 for each 
observer. If observers are stationed on the flying bridge, the eye 
level will be 14.4 m (47.2 ft) above sea level.
    The observer(s) will systematically scan the area around the vessel 
with 7 X 50 Fujinon reticle binoculars or with the naked eye during the 
daytime. At night, night vision equipment 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.
    Two 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 airgun operations including ramp-ups, after an extended shut-
down, and during any nighttime startups of the airguns. Use of two 
simultaneous observers will increase the proportion of the marine 
mammals present near the source vessel that are detected. 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. 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. 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. As discussed earlier, 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 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 a shut-down of the 20-gun array 
for more than 1 hour. After 30 minutes of observation, the ramp-up 
procedure will be followed.
    In addition to the vessel-based visual monitoring of marine 
mammals, LDEO will implement a monitoring program, with approval from 
NMFS, to detect, to the greatest extent practicable, any marine mammal/
sea turtle stranding that may result from this activity. The monitoring 
program will contain the following elements: (1) aerial or terrestrial 
monitoring of all beaches shoreward to the Ewing's trackline; (2) the 
availability on a 24-hour basis of at least one veterinarian trained in 
conducting necropsies; (3) establishment of a communications network 
with one or more marine mammal veterinarians, beach monitors and the 
Bermuda Biological Station; and (4) an established protocol for 
conducting necropsies and securing labs for proper analysis, ensuring 
site security and the preservation, storage and transport of biological 
samples.

Reporting

    When a marine mammal sighting occurs, 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 shutdowns 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

[[Page 65443]]

programs for further processing and archiving.
    A draft report will be submitted to NMFS within 90 days after the 
end of the seismic program in the Bermuda Rise area. 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 draft report will summarize the dates and 
locations of seismic operations, 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. 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 Bermuda Cruise

    As described previously (68 FR 17909, April 14, 2003) and in the 
LDEO application, animals subjected to sound levels 160 dB 
may alter their behavior or distribution, and therefore might be 
considered taken by Level B harassment under NMFS' current criteria.
    The estimates of takes by harassment are based on the number of 
marine mammals that might be exposed to seismic sounds[gteqt]160 dB re 
1 microPa (rms) by operations with the 20-airgun array planned for the 
project. Taken from year-round marine mammal density aerial survey data 
that has been summarized by geographic location and calendar season 
(CETAP 1982), LDEO used densities for the ``Entire Atlantic Stratum'' 
during the autumn period to estimate the numbers of marine mammals that 
are likely to be present in the proposed survey area near Bermuda. 
These densities are probably overestimates of the numbers that are 
likely to be present, because much of the proposed seismic survey area 
is farther from shore, in greater water depths, and in generally much 
less productive waters. Because the CETAP (1982) surveys were conducted 
from an airplane, few beaked whales were seen or identified, and 
densities of beaked whales were estimated to be zero during the autumn 
surveys. More than likely there are small numbers of beaked whales in 
the proposed survey area throughout the year, so LDEO used the mean 
density for the entire year to estimate the densities of beaked whales 
that might be present.
    Except for beaked whales, LDEO used its best estimate of density to 
compute a best estimate of the number of marine mammals that may be 
exposed to seismic sounds [gteqt]160 dB re 1 microPa (rms). The best 
density estimates were multiplied by the linear extent of the proposed 
survey (1200 km or 648 n.mi. for each of the 8575 and approximately 
11,000 in\3\ arrays) and by twice the 160-dB safety radius around the 
applicable 20-airgun arrays to estimate the ``best estimate'' of the 
numbers of animals of each species that might be exposed to sound 
levels [gteqt]160 dB re 1 microPa (rms) during the proposed seismic 
survey program.
    Based on this method, table 3 in the LDEO application gives the 
best estimates, as well as maximum estimates, of densities for each 
species or species group of marine mammal that might be exposed to 
received levels [gteqt]160 dB re 1 P[tilde]a (rms), and thus 
potentially taken by Level B harassment during seismic surveys in the 
proposed study area of the Northwest Atlantic Ocean near Bermuda. It is 
assumed that the 20-airgun array would be used for all surveys but that 
air volume would be 8575 in\3\ for half of the survey and approximately 
11,000 in\3\ for half of the survey. Delphinidae would account for 94 
percent of the overall estimate for potential taking by harassment 
(i.e., 10,292 of 10,910), with short-beaked common dolphins (3941) and 
pilot whales (3345) believed to account for about 71 percent of all 
delphinids in the area of the proposed seismic survey, and with smaller 
numbers of bottlenose dolphins (1871), Risso's dolphins (858), and 
striped dolphins (277) accounting for most of the remaining 29 percent. 
While there is no agreement regarding any alternative ``take'' 
criterion for dolphins exposed to airgun pulses, if only those dolphins 
exposed to [gteqt]170 dB re 1 microPa (rms) were to be affected 
sufficiently to be considered taken by Level B harassment, then the 
best estimate for common dolphins would be 1191 rather than 3941 during 
the Bermuda Rise cruise, and for pilot whales it would be 1011 instead 
of 3345. These are based on the predicted 170-dB radius around the 20-
airgun arrays (2600 m or 8530 ft for the 8575 in\3\ array and 2900 m or 
9514 ft for the approximately 11,000 in\3\ array), and are considered 
to be more realistic estimates of the number of these species that may 
be harassed. Therefore, the total number of animals likely to be 
harassed is considerably lower than the 10,910 animals that LDEO has 
estimated.

Conclusions

Effects on Cetaceans

    The proposed airgun array configurations are larger than those used 
in many seismic projects; however, shot intervals are longer than 
during many surveys and so marine mammals will be exposed to fewer 
seismic pulses than during many other similar seismic surveys. The 
pulse interval for the 8575 in\3\ gun array is 20 seconds and is 240 
seconds for the approximately 11,000 in\3\ array.
    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. Reactions by mysticetes are expected to involve 
small numbers of individual cetaceans. For fin whales, LDEO's best 
estimate is that 501 fin whales, or 1.1 percent of the estimated North 
Atlantic population for this species (IWC 2003) will be exposed to 
sound levels [gteqt]160 dB re 1 microPa (rms) during the proposed 
cruise near Bermuda. Therefore, 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.

[[Page 65444]]

    Larger numbers of odontocetes may be affected by the proposed 
activities, but the population sizes of most of the species are large 
and the numbers potentially affected are small relative to the 
population sizes. 38 sperm whales, or 0.3 percent of the estimated 
North Atlantic sperm whale population, would receive seismic sounds 
[gteqt]160 dB. Similarly, 78 beaked whales from the 5 beaked whale 
species may be affected by the proposed activities. This is 2.4 % of 
the estimated total of all 5 species of beaked whales (3196) that occur 
along the northeast coast of the U.S. Because the CETAP (1982) surveys 
were conducted from an airplane, few beaked whales were seen, or at 
least identified, and densities of beaked whales were estimated to be 
zero during the autumn surveys. However, LDEO believes there are 
probably small numbers of beaked whales in the proposed survey area 
throughout the year, so LDEO used the mean density for the entire year 
to estimate the densities of beaked whales that might be present during 
autumn. Most of the proposed seismic survey area is outside of the area 
for which this estimate was made, and only a very small part of beaked 
whale habitat in the North Atlantic was included in the estimate. Thus 
the actual population estimate is more than likely much larger than 
3196, and the percentage of animals that might receive seismic sounds 
[gteqt]160 dB during the proposed cruise is believed to be less than 1 
percent of the 3196 estimated North Atlantic population of the 5 
species of beaked whales.
    The best estimate of the total number of common dolphins, pilot 
whales, bottlenose dolphins, Risso's dolphins and striped dolphins that 
might be exposed to [gteqt]160 dB re 1 microPa (rms) in the proposed 
survey area near Bermuda are 3941, 3345, 1871, 858 and 277, 
respectively. Of these, about 1191, 1011, 565, 259 and 84, respectively 
might be exposed to [gteqt]170 dB. These figures are <0.1 to <1.1 
percent of the North Atlantic population. 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.
    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 
seismic survey near Bermuda. However, a few stray hooded and grey seals 
could be encountered. The best estimate of the numbers of each of the 
more common (but unlikely) species that might be taken by Level B 
harassment is no more than two and is most likely zero. It is estimated 
that a maximum of 10 pinnipeds (five for each species) may be affected 
by the seismic survey. None of the pinniped species is considered 
endangered or depleted.
    No pinnipeds regularly occur in the survey area and thus none are 
expected to be encountered. If pinnipeds are encountered, the 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.

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 an oceanographic seismic survey in 
the Northwest Atlantic Ocean near Bermuda 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 area of the survey; therefore, none 
will be affected. A copy of the Biological Opinion is available upon 
request (see ADDRESSES).

National Environmental Policy Act (NEPA)

    On August 7, 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 October 9, 2003 (68 FR 
58308), NMFS noted that the NSF had prepared an EA for this activity 
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. Therefore, based on this review and analysis, NMFS is 
adopting the NSF EA under 40 CFR 1506.3 and has issued its own Finding 
of No Significant Impact. 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. 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 October 9, 2003, proposed authorization notice (68 FR 58308) 
and this document, NMFS has determined that conducting a marine seismic 
survey by the R/V Maurice Ewing in the Northwest Atlantic Ocean near 
Bermuda 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.

[[Page 65445]]

Authorization

    NMFS has issued an IHA to take small numbers of marine mammals, by 
harassment, incidental to conducting a marine seismic survey by the R/V 
Maurice Ewing in the Northwest Atlantic Ocean near Bermuda to LDEO for 
a 1-year period, provided the mitigation, monitoring, and reporting 
requirements described in this document and the IHA are undertaken.

    Dated: November 13, 2003.
Donna Wieting,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-29037 Filed 11-19-03; 8:45 am]
BILLING CODE 3510-22-S