[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Notices]
[Pages 12832-12836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6130]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.031204E]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Oceanographic Surveys in the Southern Gulf of California

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

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

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SUMMARY: NMFS has received an application from Scripps Institution of 
Oceanography (Scripps), a part of the University of California, for an 
Incidental Harassment Authorization (IHA) to take small numbers of 
marine mammals, by harassment, incidental to conducting oceanographic 
surveys in the southern Gulf of California. Under the Marine Mammal 
Protection Act (MMPA), NMFS is requesting comments on its proposal to 
issue a one-year incidental harassment authorization (IHA) to Scripps.

DATES: Comments and information must be received no later than April 
19, 2004.

ADDRESSES: Comments on the application should be addressed 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. The mailbox address for providing e-mail comments is 
[email protected]. Include in the subject line of the e-mail comment 
the following document identifier: I.D. 031204E. A copy of the 
application containing a list of the references used in this document 
may be obtained by writing to this address, by telephoning the contact 
listed here or at: http:/ /www.nmfs.noaa.gov/ prot--res/ PR2/ Small--
Take/ smalltake--info.htm[numsign]applications
    Comments cannot be accepted if submitted via e-mail or the 
Internet.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, Office of Protected 
Resources, NMFS, (301) 713-2322, ext 163.

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.''

[[Page 12833]]

    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals by harassment. 
Under section 3(18)(A), the MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild; or (ii) has the potential to disturb a marine mammal or marine 
mammal stock in the wild by causing disruption of behavioral 
patterns, including, but not limited to, migration, breathing, 
nursing, breeding, feeding, or sheltering.
    The term ``Level A harassment'' means harassment described in 
subparagraph (A)(i). The term ``Level B harassment'' means harassment 
described in subparagraph (A)(ii).
    Section 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
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 December 8, 2003, NMFS received an application from Scripps for 
the taking, by harassment, of several species of marine mammals 
incidental to conducting a seismic survey program. As presently 
scheduled, a seismic survey will be conducted in the southern Gulf of 
California. The Gulf of California research cruise will be in an area 
extending between 22o to 26.5o N and 106o to 111o W from approximately 
April 22, 2004 to May 17, 2004. The operations will partly take place 
in the Exclusive Economic Zone (EEZ) of Mexico.
    The purpose of the seismic survey is to improve the understanding 
of the tectonic history of the Gulf of California, and especially of 
how the transition from continental rifting to seafloor spreading 
occurred. This includes understanding the relationship between seafloor 
structures in the deep water of the Gulf and structures that have been 
mapped on land (mostly in Baja California Sur) and in shallow coastal 
waters. The data will be used to test alternative tectonic models of 
how continental rifting and shearing during the initial separation of 
the Baja California peninsula from the rest of Mexico determined the 
present pattern of seismically-active faults and volcanically-active 
spreading centers. The southern part of the Gulf was selected for this 
work because it is adjacent to the field areas previously studied and 
because the seafloor sediments is generally thinner than further north, 
allowing better resolution of seabed structure.

Description of the Activity

    The seismic survey will involve one vessel, the R/V Roger Revelle 
(under a cooperative agreement with the U.S. Navy, owner of the 
vessel). The Roger Revelle will deploy two airguns as an energy source, 
plus a single (450 m or 1,476.4 ft) towed streamer of hydrophones to 
receive the returning acoustic signals, that can be retrieved. The 
survey will take place in water depths greater than 400 m (1320 ft).
    The procedures to be used for the seismic study will be similar to 
those used during previous seismic surveys by Scripps in the eastern 
tropical Pacific Ocean (68 FR 60916, October 24, 2003). The proposed 
seismic surveys will use conventional seismic methodology, with a pair 
of low-energy Generator-Injector (GI) airguns as the energy source and 
a towed hydrophone streamer as the receiver system. The energy to the 
airgun array is compressed air supplied by compressors on board the 
source vessel. In addition to the operation of the airgun array, a 
multi-beam sonar, 3.5 kHz sub-bottom profiler and passive geophysical 
sensors (gravimeter and magnetometer) will be operated during the 
seismic profiling, and continuously throughout the seismic survey 
cruise.
    During the airgun operations, the vessel will travel at 11.1 km/hr 
(6 knots) and seismic pulses will be emitted at intervals of 6 to 10 
sec. The 6 to 10-sec spacing corresponds to a shot interval of about 
18.5 to 31 m (161 to 102 ft). The GI gun that will be responsible for 
introducing the sound pulse into the ocean is 45 in3. A larger (105 
in3) injector chamber injects air into the previously-generated GI 
airgun bubble to maintain its shape, and does not introduce more sound 
into the water. The two guns will be towed 8 m (26.2 ft) apart side by 
side, 21 m (68.9 ft) behind the Roger Revelle, at a depth of 2 m (6.6 
ft).
    In addition to the operations of the airgun array, the ocean floor 
will be mapped continuously throughout the entire cruise with a 
Kongsberg-Simrad EM-120 multibeam sonar, and a 3.5-kHz sub-bottom 
profiler. Both of these sound sources will be operated simultaneously 
with the airgun array.
    The Kongsberg-Simrad is mounted on the hull of the Roger Revelle. 
It images the seafloor over a 120 to 140 degree-wide swath, using short 
(15 sec) transmit pulses with a 10 to 20 sec repetition rate and an 
11.25 to 12.60 kHz frequency sweep.
    The sub-bottom profiler is normally operated to provide information 
about the sedimentary features and the bottom topography that is 
simultaneously being mapped by the multibeam sonar. The energy from the 
sub-bottom profiler is directed downward by a 3.5 kHz transducer 
mounted in the hull of the Roger Revelle. The output varies with water 
depth from 50 watts in shallow water to 800 watts in deep water. Pulse 
interval is 1 second (s) but a common mode of operation is to broadcast 
five pulses at 1-s intervals followed by a 5-s pause. The beam width is 
approximately 30o 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 
bandwidth of pulses will be 1.0 kHz, 0.5 kHz, or 0.25 kHz, 
respectively.
    Additional information on the airgun arrays, bathymetric sonars, 
and sub-bottom profiler specifications is also contained in the 
application (see ADDRESSES).

Description of Habitat and Marine Mammals Affected by the Activity

    A detailed description of the Gulf of California near the and its 
associated marine mammals can be found in the Scripps application and a 
number of documents referenced in the Scripps application, and is not 
repeated here. In the Gulf of California, 33 marine mammal species are 
known to occur within the proposed study area. The cetacean species are 
the sperm whale (Physeter macrocephalus), pygmy sperm whale (Kogia 
breviceps), dwarf sperm whale (Kogia sima), Baird's beaked whale 
(Berardius bairdii), Cuvier's beaked whale (Ziphius cavirostris), Pygmy 
beaked whale (Mesoplodon peruvianus), Perrin's beaked whale (Mesoplodon 
perrini), Ginkgo-toothed beaked whale (Mesoplodon ginkgodens), rough-
toothed dolphin (Steno bredanensis), bottlenose dolphin (Tursiops 
truncatus), pantropical spotted dolphin (Stenella attenuata), spinner 
dolphin (Stenella longirostris), striped dolphin (Stenella 
coeruleoalba), short-beaked common dolphin (Delphinus delphis), long-
beaked common dolphin (Delphinus capensis), Pacific white-sided dolphin 
(Lagenorhynchus obliquidens), Risso's dolphin (Grampus griseus), melon-
headed whale (Peponocephala electra), pygmy killer whale (Feresa 
attenuata), false killer whale (Pseudorca crassidens), killer whale 
(Orcinus orca), short-finned pilot whale (Globicephala

[[Page 12834]]

macrorhynchus), North Pacific right whale (Eubalaena japonica), gray 
whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae), 
minke whale (Balaenoptera acutorostrata), Bryde's whale (Balaenoptera 
edeni), sei whale (Balaenoptera borealis), fin whale (Balaenoptera 
physalus), and blue whale (Balaenoptera musculus). Seven of these 
species are listed as endangered under the U.S. Endangered Species Act 
(ESA): sperm, North Atlantic right, humpback, sei, fin, and blue 
whales. Also, three species of pinnipeds, the California sea lion 
(Zalophus californianus), Guadalupe fur seal (Arctocephalus townsendi), 
and northern elephant seal (Mirounga angustirostris) could potentially 
be encountered during the proposed seismic surveys. One of these 
species, the Guadalupe fur seal, is listed as endangered under the ESA. 
Additional information on most of these species is available at: http:/
/ www.nmfs.noaa.gov/ prot--res/ PR2/Stock--Assessment--Program/ 
sars.html

Potential Effects on Marine Mammals

    NMFS' August 26, 2003, Federal Register notice for a Scripps survey 
(68 FR 51240) describes the anticipated effects of the Roger Revelle's 
airguns, multibeam sonar, and the sub-bottom profiler on marine 
mammals, including masking, behavioral disturbance, and potential 
hearing impairment and other physical effects. The Scripps application 
for the subject IHA for operations in the Gulf of California also 
provides information on what is known about the effects of Scripps's 
planned seismic survey on marine mammals.

Estimates of Take for the Southern Gulf of California Cruise

    NMFS' current criteria for onset of Level A harassment of cetaceans 
and pinnipeds from impulse sound are, respectively, 180 and 190 re 1 
microPa root-mean-squared (rms). The rms pressure is an average over 
the pulse duration. The rms level of a seismic pulse is typically about 
10 dB less than its peak level (Greene 1997; McCauley et al. 1998, 
2000a). The criterion for Level B harassment onset is 160 dB.
    Given the proposed mitigation (see Mitigation later in this 
document), all anticipated takes involve a temporary change in behavior 
that may constitute Level B harassment. The proposed mitigation 
measures will minimize the possibility of Level A harassment. Scripps 
has calculated the ``best estimates'' for the numbers of animals that 
could be taken by level B harassment during the proposed seismic survey 
in the Gulf of California using data on marine mammal abundance from a 
previous survey region. The predicted RMS zone of influence radii are 
510 m (1673 ft), 54 m (177 ft), and 17 m (56 ft), for 160, 180, and 190 
dB, respectively.
    These estimates are based on a consideration of the number of 
marine mammals that might be exposed to sound levels greater than or 
equal to 160 dB, the criterion for the onset of Level B harassment, by 
operations with the two GI gun array planned to be used for this 
project. The anticipated radius of influence of the multibeam sonar is 
less than that for the airgun array, so it is assumed that any marine 
mammals close enough to be affected by the multibeam sonar would 
already be affected by the airguns. Therefore, no additional incidental 
takings are included for animals that might be affected by the 
multibeam sonar.
    The following table explains the best estimate of the numbers of 
each species that would be exposed to seismic sounds greater than or 
equal to 160 dB.

------------------------------------------------------------------------
                                                   ``Best
                                                 Estimate''
                                                   of the
                                                 Number of
                                                 Exposures     Regional
                    Species                       to Sound    Population
                                                   Levels        Size
                                                 [gteqt]160
                                                     dB
                                                ([gteqt]170
                                                    dB)
------------------------------------------------------------------------
Physeteridae                                    ...........  ...........
Sperm whale                                               6        26053
Dwarf sperm whale                                        87        11200
Pygmy sperm whale                                        15          N/A
Ziphiidae                                       ...........  ...........
Cuvier's beaked whale                                    57        20000
Baird's beaked whale                                      0          N/A
Pygmy beaked whale                                        0          N/A
Delphinidae                                     ...........  ...........
Bottlenose dolphin                                893 (306)       243500
Spinner dolphin                                       6 (2)      1651100
Spotted dolphin                                  1022 (351)      2059100
Pacific white-sided dolphin                               0        93100
Striped dolphin                                    227 (78)      1918000
Common dolphin                                   1212 (416)      3090000
Fraser's dolphin                                          0          N/A
Risso's dolphin                                   902 (309)       175800
Melon-headed whale                                        0          N/A
Pygmy killer whale                                        0        38900
False killer whale                                        0        38800
Killer whale                                              0         8500
Short-finned pilot whale                            34 (12)       160200
Mysticetes                                      ...........  ...........
Humpback whale                                            1         1177
Minke whale                                               0          N/A
Bryde's whale                                            17        13000
Sei whale                                                 0          N/A
Fin whale                                                10         1851
Blue whale                                                0         1400
Pinniped                                        ...........  ...........
Guadalupe fur seal                                        2       127000
Northern elephant seal                                    2        13000
California sea lion                                      50       209000
------------------------------------------------------------------------
N.A. = not available.

Conclusions--Effects on Cetaceans

    Strong avoidance reactions by several species of mysticetes to 
seismic vessels have been observed at ranges up to 8 km (4.3 nm) and 
occasionally as far as 30 km (16.2 nm) from the source vessel. In 
Arctic waters, some bowhead whales 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. The small size of the two GI 
airguns used in this project will restrict the exposure to strong noise 
to much closer distances relative to the source vessel. The predicted 
radii from the source vessel are 54 m (177 ft) for 180 dB and 17 m (56 
ft) for 190 dB.
    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 in the vicinity of 
seismic vessels. There are documented instances of dolphins approaching 
active seismic vessels. However, dolphins as well as some other types 
of odontocetes will sometimes show avoidance responses 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.
    The numbers of odontocetes that may be harassed by the proposed 
activities are small relative to the population sizes of the affected 
stocks. The best estimates for common, spotted, Risso's, and bottlenose 
dolphins are 1212, 1022, 902, and 893, respectively, which are the

[[Page 12835]]

most abundant cetaceans in the proposed survey area. These best 
estimates represent only 0.039, 0.050, 0.513, and 0.367 percent of the 
regional populations for each of these species. For other odontocetes, 
numbers exposed to greater than 160 dB will be smaller.
    In light of the type of take expected and the relatively small 
numbers of affected cetaceans, the action is expected to have no more 
than a negligible impact on the affected species or stocks of marine 
mammals. In addition, mitigation measures such as controlled vessel 
speed, course alteration, look-outs, ramp-ups, and power-downs when 
marine mammals are seen within defined ranges (see Mitigation) should 
further reduce short-term reactions to disturbance, and minimize any 
effects on hearing sensitivity.

Conclusions--Effects on Pinnipeds

    California sea lions are the most likely pinniped species to be 
encountered during the proposed seismic survey in the southern Gulf of 
California. It is estimated that 50 sea lions may be exposed to noise 
levels greater than 160 dB during the proposed survey. It is unlikely 
that northern elephant seals or Guadalupe fur seals will be 
encountered. If members of either of those species are encountered, 
they will be extralimital individuals. A precautionary estimate of 2 
northern elephant seals and 2 Guadalupe fur seals may be encountered. 
The proposed seismic survey would have, at most, a short-term effect on 
their behavior and no long-term impacts on individual pinnipeds or 
their populations. Responses of pinnipeds to acoustic disturbances 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.
    In light of the type of take expected and the relatively small 
numbers of affected pinnipeds, the action is expected to have no more 
than a negligible impact on the affected species or stocks of marine 
mammals. In addition, mitigation measures such as controlled vessel 
speed, course alteration, look-outs, ramp-ups, and power-downs when 
marine mammals are seen within defined ranges (see Mitigation) should 
further reduce short-term reactions to disturbance, and minimize any 
effects on hearing sensitivity.

Mitigation

    The following mitigation measures are proposed for the subject 
seismic surveys, provided that they do not compromise operational 
safety requirements: (1) Speed and course alteration; (2) ramp-up and 
shut-down procedures; (3) no start up at night; (4) avoidance of any 
state or national parks by at least 10 km (6.2 mi); (5) avoidance of 
sea lion rookeries by at least 10 km (6.2 mi); and (6) operation of 
airguns only in water greater than 400 m (1312 ft) deep. Mitigation 
also includes marine mammal monitoring in the vicinity of the arrays. 
These mitigation measures are further described here.
    These mitigation measures will incorporate use of established 
safety radii which are 17 m (56 ft) and 54 m (177 ft) from the arrays 
where sound levels [gteqt]190 and 180 dB re 1 microPa rms (the criteria 
for onset of Level A harassment for pinnipeds and cetaceans 
respectively) are predicted to be received. The small size of the two 
GI airguns to be used in this project is also an important mitigating 
factor. The airguns will each be 45 in3.

Speed and Course Alteration

    If a marine mammal is detected outside the appropriate safety 
radius and, based on its position and the relative motion, 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 within the safety radius. If the mammal 
appears likely to enter the safety radius, further mitigative actions 
will be taken, i.e., either further course alterations or shutdown of 
the airguns.

Shut-down Procedures

    Airgun operations will be shut-down immediately when cetaceans or 
pinnipeds are seen within or about to enter the appropriate safety 
radius. If a marine mammal is detected outside of 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 shut-down before the mammal is within the safety 
radius. Likewise, if a mammal is already within the safety zone when 
first detected, the airguns will be shut-down immediately.
    The mammal 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

    When airgun operations with the 2-GI airguns first start or 
commence after a certain period without airgun operations, the number 
of guns firing will be increased gradually, or ``ramped up'' (also 
described as a ``soft start''). Guns will be added in sequence such 
that the source level of the array will increase in steps over a 5-min 
period. Throughout the ramp-up procedure, the safety zone 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 at least one airgun has been firing continuously during the 
interruption of seismic activity.

Other Mitigation Factors

    In order to keep take numbers to the lowest level practicable, the 
seismic survey vessel will avoid by at least 10 km (6.2 mi) the two 
protected areas, Loreto Bay National Park and Cabo Pulmo Marine Park, 
and four California sea lion rookeries that are near the seismic survey 
area while shooting the GI guns. The GI guns will not be fired in water 
depths less than 400 m (1312 ft) because noise levels may be higher due 
to reverberation between the seafloor and the surface. Scripps will 
also not start-up the GI guns at night and will only ramp-up if one gun 
has been maintained.
    Scripps is confident that they will be able to effectively visually 
monitor the 180 dB safety radii at night. Taking into consideration the 
additional costs of prohibiting nighttime operations and the likely 
impact of the activity (including all mitigation and monitoring), NMFS 
has determined that the proposed mitigation ensures that the activity 
will have the least practicable impact on the affected species or 
stocks. NMFS believes that marine mammals will have sufficient notice 
of a vessel approaching with operating GI 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

[[Page 12836]]

has been maintained during interruption of seismic activity.

Marine Mammal Monitoring

    Scripps must have at least four observers on board the vessel, and 
at least one must be an experienced marine mammal observer that NMFS 
approves. At least two observers will monitor marine mammals near the 
seismic source vessel during all daytime airgun operations and during 
any nighttime start-ups of the airguns. During daylight, vessel-based 
observers will watch for marine mammals near the seismic vessel during 
periods with shooting (including ramp-ups), and for 30 minutes prior to 
the planned start of airgun operations after an extended shut-down.
    The observers will be on duty in shifts of no longer than 4 hours. 
Use of two simultaneous observers will increase the likelihood that 
marine mammals near the source vessel are detected. Scripps 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 the designated observers are not on duty.
    The observers will watch for marine mammals from the second level 
on the vessel, which is approximately 10.4 m (34 ft) above the 
waterline which allows for a 240-degree view. From the bridge of the 
Roger Revelle, the observer's eye level will be approximately 15 m (49 
ft). 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. Laser range-finding binoculars (Leica LRF 
1200 laser rangefinder or equivalent) will be available to assist with 
distance estimation. Big Eye binoculars will also be mounted from the 
bridge of the Roger Revelle. The observers will be used to determine 
when a marine mammal is in or near the safety radii so that the 
required mitigation measures, such as course alteration and power-down 
or shut-down, can be implemented. If the airguns are powered or shut 
down, observers will maintain watch to determine when the animal is 
outside the safety radius.
    If the airguns are ramped-up at night, two marine mammal observers 
will monitor for marine mammals for 30 minutes prior to ramp-up and 
during the ramp-up using night vision equipment that will be available 
(ITT F500 Series Generation 3 binocular image intensifier or 
equivalent).

Reporting

    Scripps will submit a report to NMFS within 90 days after the end 
of the cruise, which is predicted to occur on or around May 17, 2004. 
The report will describe the operations that were conducted and the 
marine mammals that were detected. The report must provide full 
documentation of methods, results, and interpretation pertaining to all 
monitoring tasks. The 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.

ESA

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

National Environmental Policy Act (NEPA)

    The NSF has prepared an EA for the southern Gulf of California 
surveys. NMFS is reviewing this EA and will either adopt it or prepare 
its own NEPA document before making a determination on the issuance of 
an IHA.

Preliminary Conclusions

    NMFS has preliminarily determined that the impact of conducting the 
seismic survey in the southern Gulf of California will result, at 
worst, in a temporary modification in behavior by certain species of 
marine mammals. This activity is expected to result in no more than a 
negligible impact on the affected species or stocks.
    While the number of potential incidental harassment takes will 
depend on the distribution and abundance of marine mammals in the 
vicinity of the survey activity, the number of potential harassment 
takings is estimated to be small. In addition, no take by injury and/or 
death is anticipated, and the potential for temporary or permanent 
hearing impairment is low and will be avoided through the incorporation 
of the mitigation measures mentioned in this document. In addition, the 
proposed seismic program is not expected to interfere with any 
subsistence hunts, since operations in the whaling and sealing areas 
will be limited or nonexistent.

Proposed Authorization

    NMFS proposes to issue an IHA to Scripps for conducting seismic 
surveys in the southern Gulf of California, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. NMFS has preliminarily determined that the proposed 
activity would result in the harassment of small numbers of marine 
mammals; would have no more than a negligible impact on the affected 
marine mammal stocks; and would not have an unmitigable adverse impact 
on the availability of species or stocks for subsistence uses.

Information Solicited

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

    Dated: March 12, 2004.
Phil Williams,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-6130 Filed 3-17-04; 8:45 am]
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