[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36430-36435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050107L]


Incidental Takes of Marine Mammals Incidental to Specified 
Activities; Low-Energy Marine Seismic Survey in the Northeastern Indian 
Ocean

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

ACTION:  Notice; issuance of incidental harassment authorization.

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SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to Scripps Institute of 
Oceanography (SIO) for the take of marine mammals, by Level B 
harassment only, incidental to conducting a low-energy marine seismic 
survey in the northeastern Indian Ocean during summer 2007.

DATES:  Effective from June 20, 2007, through August 31, 2007.

ADDRESSES:  A copy of the IHA and the application are available by 
writing to Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by 
telephoning the contact listed here. A copy of the application 
containing a list of references used in this document may be obtained 
by writing to this address, by telephoning the contact listed here (FOR 
FURTHER INFORMATION CONTACT) or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, 
by appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT:  Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 166.

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.
    Authorization shall be granted if NMFS finds that the taking will 
have a negligible impact on the species or stock(s), will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant), and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
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.''
    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

[[Page 36431]]

marine mammals by harassment. Except with respect to certain activities 
not pertinent here, the MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [Level A harassment]; or (ii) has the potential to disturb a 
marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
[Level B harassment].
    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 approve or deny the authorization.

Summary of Request

    On January 5, 2007, NMFS received an application from SIO for the 
taking, by Level B harassment only, of 32 species of marine mammals 
incidental to conducting, with research funding from the National 
Science Foundation (NSF), a low-energy marine seismic survey in the 
northeastern Indian Ocean from May-August 2007. The purpose of the 
research program was outlined in the NMFS'notice of the proposed IHA 
(72 FR 17849, April 10, 2007).

Description of the Activity

    The seismic surveys will involve one vessel, the R/V Roger Revelle 
(Roger Revelle), which was originally scheduled to depart from 
Fremantle, Australia, between May 22 and June 19, 2007. A change of 
schedule resulted in the Roger Revelle leaving Australia in March, 
instead, however, the seismic survey will still occur in the window 
indicated in the notice for the proposed IHA (72 FR 17849, April 10, 
2007). No other changes have been made either in the applicants 
activity or the proposed IHA since the notice of the proposed IHA was 
published. The Roger Revelle will conduct the cruise in the Indian 
Ocean, beginning in late June, and arrive at Colombo, Sri Lanka, 
between July 16 and August 13, 2007. The overall area within which the 
seismic surveys will occur is located between approximately 5[deg] N. 
and 25[deg] S., along approximately 90[deg] E. (Figure 1 in the 
application), in the Indian Ocean. The surveys will be conducted 
entirely in International Waters.
    The Roger Revelle will deploy a pair of low-energy Generator-
Injector (GI) airguns as an energy source (each with a discharge volume 
of 45 in3), plus a 800 m-long (2625-ft long), 48-channel, towed 
hydrophone. The program will consist of approximately 2700 km (1678 mi) 
of surveys, including turns. Water depths within the seismic survey 
areas are 1600-5100 m (1750-5577 yd). The GI guns will be operated on a 
small grid for approximately 49 hours at each of 5 sites. In addition 
to the operations of the GI guns, a 3.5-kHz sub-bottom profiler , a 
Kongsberg-Simrad EM-120 multi-beam sonar, and a gravimeter will be used 
continuously throughout the cruise, and passive geophysical sensors 
will be deployed to conduct magnetic surveys at all times except during 
dredging.
    A more detailed description of the authorized action, including 
vessel specifications and acoustic source specifications, was included 
in the notice of the proposed IHA (72 FR 17849, April 10, 2007).

Safety Radii

    Received sound levels have been modeled by Lamont-Doherty Earth 
Observatory (L-DEO) for a number of airgun configurations, including 
two 45-in\3\ Nucleus G-guns, in relation to distance and direction from 
the airguns. The model does not allow for bottom interactions, and is 
most directly applicable to deep water. Based on the modeling, 
estimates of the maximum distances from the GI guns where sound levels 
of 190, 180, and 160 dB re 1 microPa (rms) are predicted to be received 
in deep (>1000-m (3280-ft)) water are 10, 40, and 400 m (33, 131, and 
1312 ft), respectively. Because the model results are for G guns, which 
have more energy than GI guns of the same size, those distances are 
overestimates of the distances for the 45-in3 GI guns.
    A general discussion of acoustic thresholds and safety radii, as 
well as further discussion of the modeling conducted by L-DEO, was 
included in the notice of the proposed IHA (72 FR 17849, April 10, 
2007).

Comments and Responses

    A notice of receipt of the SIO application and proposed IHA was 
published in the Federal Register on April 10, 2007 (72 FR 17849). 
During the comment period, NMFS received comments from the Marine 
Mammal Commission (MMC) and one individual. One individual expressed 
the opinion that the authorization should be denied because this type 
of profiteering activity is murderous and destructive and results in 
permanent hearing loss of marine mammals. No supporting information was 
provided for these assertions and NMFS believes that the contrary 
analyses presented in the EA and our Federal Register Notice remain 
correct. MMC's comments are as follows:
    Comment 1: The MMC states that because the applicant is requesting 
authority to take marine mammals by harassment only, NMFS should 
require that operations be suspended immediately if a dead or seriously 
injured marine mammals is found in the vicinity of the operations and 
the death or injury could have occurred incidental to conducting the 
seismic survey. The MMC further recommends that any such suspension 
should remain in place until NMFS has (1) reviewed the situation and 
determined that further mortalities or serious injuries are unlikely to 
occur, or (2) issued regulations authorizing such takes under section 
101(a)(5)(A) of the MMPA.
    Response: NMFS concurs with MMC's recommendations and has included 
a requirement to this effect in the IHA.
    Comment 2: The MMC also questioned the likely ability of the 
proposed monitoring program to detect an injured or dead beaked whale 
or other small cetacean.
    Response: Because of the cryptic nature of beaked whale behavior 
and the movement of the Roger Revelle during the seismic survey, it is 
unlikely that a distressed beaked whale or small cetacean would be 
sighted from a ship running transects through an area. However, NMFS 
believes that it is highly unlikely that a marine mammals will be 
exposed to levels of sound likely to result in Level A Harassment or 
mortality given the very small radii (40 m for 180 dB) around the Roger 
Revelle's small airguns and the likely effectiveness of the mitigation 
measures.

Description of Marine Mammals in the Activity Area

    Thirty-two species of cetacean, including 25 odontocete (dolphins 
and small and large toothed whales) species and seven mysticete (baleen 
whales) species, are thought to occur in the seismic survey areas along 
the Ninety East Ridge in the northeastern Indian Ocean (Table 1). 
Several are listed under the U.S. Endangered Species Act (ESA) as 
Endangered: the sperm whale, humpback whale, blue whale, fin whale, and 
sei whale.
    Additional information regarding the status and distribution of the 
marine mammals in the area and how the densities were calculated was 
included in the notice of the proposed IHA (72 FR 17849, April 10, 
2007) and may be found in SIO's application.

[[Page 36432]]



------------------------------------------------------------------------
                                                                  Auth
           Species                  Habitat        Occurrence     Take
------------------------------------------------------------------------
Mysticetes
------------------------------                                 ---------
Humpback whale (Megaptera      Mainly nearshore  Common         0
 novaeangliae)*                 waters and
                                banks
------------------------------------------------------------------------
Minke whale (Balaenoptera      Pelagic and       Uncommon       5
 acutorostrata)                 coastal
------------------------------------------------------------------------
Antarctic minke whale          Coastal and       Uncommon       5
 (Balaenoptera bonaerensis      oceanic
------------------------------------------------------------------------
Bryde's whale (Balaenoptera    Pelagic and       Very common    5
 edeni)                         coastal
------------------------------------------------------------------------
Sei whale (Balaenoptera        Primarily         Uncommon       0
 borealis) *                    offshore,
                                pelagic
------------------------------------------------------------------------
Fin whale (Balaenoptera        Continental       Common         0
 physalus)*                     slope, mostly
                                pelagic
------------------------------------------------------------------------
Blue whale (Balaenoptera       Pelagic and       Very common    1
 musculus)*                     coastal
------------------------------------------------------------------------
Odontocetes
------------------------------                                 ---------
Sperm whale (Physeter          Usually pelagic   Common         1
 macrocephalus)*                and deep seas
------------------------------------------------------------------------
Pygmy sperm whale (Kogia       Deep waters off   Common         5
 breviceps)                     the shelf
------------------------------------------------------------------------
Dwarf sperm whale (Kogia       Deep waters off   Common         5
 sima)                          the shelf
------------------------------------------------------------------------
Cuvier's beaked whale          Pelagic           Common         5
 (Ziphius cavirostris)
------------------------------------------------------------------------
Shepherd's beaked whale        Pelagic           Rare           5
 (Tasmacetus shepherdi)
------------------------------------------------------------------------
Longman's beaked whale         Pelagic           Common?        1
 (Indopacetus pacificus)
------------------------------------------------------------------------
Southern bottlenose whale      Pelagic           Uncommon       5
 (Hyperoodon planifrons)
------------------------------------------------------------------------
True's beaked whale            Pelagic           Rare           5
 (Mesoplodon mirus)
------------------------------------------------------------------------
Gray's beaked whale            Pelagic           Uncommonv      5
 (Mesoplodon grayi)
------------------------------------------------------------------------
Ginkgo-toothed whale           Pelagic           Common         5
 (Mesoplodon ginkgodens)
------------------------------------------------------------------------
Blainville's beaked whale      Pelagic           Very common    5
 (Mesoplodon densirostris)
------------------------------------------------------------------------
Rough-toothed dolphin (Steno   Deep water        Uncommon       69
 bredanensis)
------------------------------------------------------------------------
Bottlenose dolphin (Tursiops   Coastal and       Common         129
 truncatus)                     oceanic, shelf
                                break
------------------------------------------------------------------------
Pantropical spotted dolphin    Coastal and       Uncommon       65
 (Stenella attenuata)           pelagic
------------------------------------------------------------------------
Spinner dolphin (Stenella      Coastal and       Abundant       215
 longirostris)                  pelagic
------------------------------------------------------------------------
Striped dolphin (Stenella      Off continental   Common         86
 coeruleoalba)                  shelf
------------------------------------------------------------------------
Fraser's dolphin               Waters >1000 m    Rare           22
 (Lagenodelphis hosei)
------------------------------------------------------------------------
Common dolphin (Delphinus      Shelf and         Very common    151
 delphis)                       pelagic,
                                seamounts
------------------------------------------------------------------------
Risso's dolphin (Grampus       Waters >1000 m,   Very common    151
 griseus)                       seamounts
------------------------------------------------------------------------
Melon-headed whale             Oceanic           Very common    50
 (Peponocephala electra)
------------------------------------------------------------------------
Pygmy killer whale (Feresa     Deep,             Common         25
 attenuata)                     pantropical
                                waters
------------------------------------------------------------------------
False killer whale (Pseudorca  Pelagic           Common         15
 crassidens)
------------------------------------------------------------------------
Killer whale (Orcinus orca)    Widely            Common         5
                                distributed
------------------------------------------------------------------------
Long-finned pilot whale        Mostly pelagic    Rare           30
 (Globicephala melas)
------------------------------------------------------------------------
Short-finned pilot whale       Mostly pelagic,   Very common    15
 (Globicephala macrorhynchus)   high-relief
                                topography
------------------------------------------------------------------------
Table 1. Species expected to be encountered (and potentially harassed)
  during SIO's Indian Ocean cruise. The far right column indicates the
  number of takes authorized by the IHA.
*Species are listed as endangered under the Endangered Species Act


[[Page 36433]]

Potential Effects on Marine Mammals

    The effects of sounds from airguns might include one or more of the 
following: tolerance, masking of natural sounds, behavioral 
disturbance, temporary or permanent hearing impairment (Richardson et 
al., 1995), or other non-auditory physiological effects such as stress, 
neurological effects, bubble formation, resonance effects, and other 
types of organ or tissue damage. To avoid injury, NMFS has determined 
that cetaceans and pinnipeds should not be exposed to pulsed underwater 
noise at received levels exceeding, respectively, 180 and 190 dB re 1 
microPa (rms). The predicted 180- and 190-dB distances for the GI guns 
operated by SIO are 40 m (131 ft) and 10 m (33 ft). Given the small 
size of the GI guns (two 45-in\3\ GI guns) planned for the present 
project and the required mitigation and monitoring measures, effects 
are anticipated to be considerably less than would be the case with a 
large array of airguns. It is very unlikely that there would be any 
cases of temporary or, especially, permanent hearing impairment or 
other serious non-auditory physiological effects. Also, behavioral 
disturbance is expected to be limited to relatively short distances.
    The notice of the proposed IHA (72 FR 17849, April 10, 2007) 
included a discussion of the effects of sounds from airguns on 
mysticetes, odontocetes, and pinnipeds, including tolerance, masking, 
behavioral disturbance, hearing impairment and other non-auditory 
physical effects. Additional details on the behavioral reactions (or 
the lack thereof) by all types of marine mammals to seismic vessels can 
be found in Appendix A (e) of SIO's application.
    The notice of the proposed IHA also included a discussion of the 
potential effects of the bathymetric sonar and the sub-bottom profiler. 
Because of the shape of the beams of these sources and their power, 
NMFS believes it unlikely that marine mammals will be exposed to either 
the bathymetric sonar or the sub-bottom profiler at levels at or above 
those likely to cause harassment. Further, NMFS believes that the brief 
exposure of cetaceans or pinnipeds to small numbers of signals from the 
multi-beam bathymetric sonar system are not likely to result in the 
harassment of marine mammals.

Estimated Take by Incidental Harassment

    The notice of the proposed IHA (72 FR 17849, April 10, 2007) 
included an in-depth discussion of the methods used to calculate the 
densities of marine mammals in the area of the seismic survey and the 
take estimates. Additional information was included in SIO's 
application. A summary of the total take authorized is included here.
    All anticipated takes authorized by this IHA are Level B 
Harassment, involving temporary changes in behavior. The far right 
column in Table 1, ``Auth Take'', shows the numbers for which take is 
authorized. Take calculations were based on on maximum exposure 
estimates (based on maximum density estimates), vs. best estimates, and 
are based on the 160-dB isopleth of a larger set of airguns. Given 
these considerations, the predicted numbers of marine mammals that 
might be exposed to sounds 160 dB may be somewhat overestimated.
    The stock structures of the marine mammals present in the Indian 
Ocean have not been identified by NMFS; therefore, NMFS must make the 
necessary findings based on the species as a whole. The species 
anticipated to be affected during the authorized activities are wide-
ranging species. Though worldwide abundance (or abundance outside of 
that estimated for the U.S. stocks) has not been estimated, localized 
surveys in the west tropical Indian Ocean and elsewhere have been 
conducted. Since the take estimates authorized in this IHA fall largely 
within 6 percent (all but common dolphin (21 percent) and rough-toothed 
dolphin (14 percent)) of the numbers estimated to be present during a 
localized survey of the west tropical Indian Ocean, and the species 
range far beyond the Indian Ocean (i.e., the abundance of the species 
is notably larger), NMFS believes that the estimated take numbers for 
these are small relative both to the worldwide abundance of these 
species and to numbers taken in other activities that have been 
authorized for incidental take of these species.

Potential Effects on Habitat

    A detailed discussion of the potential effects of this action on 
marine mammal habitat, including physiological and behavioral effects 
on marine fish and invertebrates, was included in the notice of the 
proposed IHA (72 FR 17849, April 10, 2007).
    Based on the discussion in the proposed IHA and the nature of the 
activities (small airguns and limited duration), the authorized 
operations are not expected to have any habitat-related effects that 
could cause significant or long-term consequences for individual marine 
mammals or their populations or stocks.

Monitoring

    Either dedicated marine mammal observers (MMOs) or other vessel-
based personnel will watch for marine mammals near the seismic source 
vessel during all daytime and nighttime airgun operations. GI airgun 
operations will be suspended when marine mammals are observed within, 
or about to enter, designated safety radii where there is a possibility 
of significant effects on hearing or other physical effects. At least 
one dedicated vessel-based MMO will watch for marine mammals near the 
seismic vessel during daylight periods when shooting is being 
conducted, and two MMOs will watch for marine mammals for at least 30 
min prior to start-up of airgun operations. Observations of marine 
mammals will also be made and recorded during any daytime periods 
without airgun operations. At night, the forward-looking bridge watch 
of the ship's crew will look for marine mammals that the vessel is 
approaching, and execute avoidance maneuvers; the 180dB/190dB safety 
radii around the airguns will be continuously monitored by an aft-
looking member of the scientific party, who will call for shutdown of 
the guns if mammals are observed within the safety radii. Nighttime 
observers will be aided by (aft-directed) ship's lights and night 
vision devices (NVDs).
    Observers will be appointed by SIO with NMFS concurrence. Two 
observers will be on the vessel, and both will have gone through NOAA/
NMFS training for marine mammal observations. Observers will be on duty 
in shifts usually of duration no longer than two hours. Use of two 
simultaneous observers prior to start up will increase the 
detectability of marine mammals present near the source vessel, and 
will allow simultaneous forward and rearward observations. Bridge 
personnel additional to the dedicated marine mammal observers will also 
assist in detecting marine mammals and implementing mitigation 
requirements, and before the start of the seismic survey will be given 
instruction in how to do so.
    The Roger Revelle is a suitable platform for marine mammal 
observations, and has been used for that purpose during the routine 
CalCOFI (California Cooperative Oceanic Fisheries Investigations). 
Observing stations will be at the 02 level, with observers' eyes 
approximately 10.4 m (34 ft) above the waterline: one forward on the 02 
deck commanding a forward-centered, approximately 240[deg] view, and 
one atop the aft hangar, with an aft-centered view that includes the 
60-m

[[Page 36434]]

radius area around the airguns. The eyes of the bridge watch will be at 
a height of approximately 15 m (49 ft); marine mammal observers will 
repair to the enclosed bridge and adjoining aft steering station during 
any inclement weather (unlikely at this place and season), and as 
necessary to use the 50 X ``big-eye'' binoculars that are mounted 
there.
    Standard equipment for marine mammal observers will be 7 X 50 
reticle binoculars and optical range finders. At night, night vision 
equipment will be available. The observers will be in wireless 
communication with ship's officers on the bridge and scientists in the 
vessel's operations laboratory, so they can advise promptly of the need 
for avoidance maneuvers or airgun power-down or shut-down.
    The vessel-based monitoring will provide data required to estimate 
the numbers of marine mammals exposed to various received sound levels, 
to document any apparent disturbance reactions, and thus to estimate 
the numbers of mammals potentially ``taken'' by harassment. It will 
also provide the information needed in order to shut down the GI 
airguns at times when mammals are present in or near the safety zone. 
When a mammal sighting is made, the following information about the 
sighting will be recorded:
    (1) Species, group size, age/size/sex categories (if determinable), 
behavior when first sighted and after initial sighting, heading (if 
consistent), bearing and distance from seismic vessel, sighting cue, 
apparent reaction to seismic vessel (e.g., none, avoidance, approach, 
paralleling, etc.), and behavioral pace.
    (2) Time, location, heading, speed, activity of the vessel 
(shooting or not), sea state, visibility, cloud cover, and sun glare.
    The data listed under (2) will also be recorded at the start and 
end of each observation watch and during a watch, whenever there is a 
change in one or more of the variables.
    All mammal observations and airgun shutdowns will be recorded in a 
standardized format. Data will be entered into a custom database using 
a notebook computer when observers are off duty. The accuracy of the 
data entry will be verified by computerized data validity checks as the 
data are entered, and by subsequent manual checking of the database. 
Those 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.
    Results from the vessel-based observations will provide:
     The basis for real-time mitigation (airgun shut down).
     Information needed to estimate the number of marine 
mammals potentially taken by harassment, which must be reported to 
NMFS.
     Data on the occurrence, distribution, and activities of 
marine mammals in the area where the seismic study is conducted.
     Information to compare the distance and distribution of 
marine mammals relative to the source vessel at times with and without 
seismic activity.
     Data on the behavior and movement patterns of marine 
mammals seen at times with and without seismic activity.

Mitigation

    For the seismic surveys in the Northeastern Indian Ocean during 
June-August 2007, SIO will deploy two GI airguns as an energy source, 
with a total discharge volume of 90 in3. The energy from the airguns 
will be directed mostly downward. The small size of the airguns to be 
used during SIO's study will reduce the potential for effects relative 
to those that might occur with a large airgun arrays.
    In addition to marine mammal monitoring, the following mitigation 
measures are required during the seismic program. Although power-down 
procedures are often standard operating practice for seismic surveys, 
it will not be used here because powering down from two guns to one gun 
would make only a small difference in the 180- or 190-dB radius 
probably not enough to allow continued one-gun operations if a mammal 
came within the safety radius for two guns. Mitigation measures that 
will be adopted are:
    (1) Speed or course alteration;
    (2) Ramp-up and shut-down procedures; and
    (3) Night operations;
    Speed or Course Alteration - If a marine mammal is detected outside 
the safety radius and, based on its position and the relative motion, 
is likely to enter the safety radius, the vessel's speed and/or direct 
course may, when practical and safe, 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 animal does not approach within 
the safety radius. If the animal appears likely to enter the safety 
radius, further mitigative actions will be taken, i.e. either further 
course alterations or shut down of the airguns.
    Shut-down Procedures - 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 
animal enter the safety radius, the airguns will be shut down before 
the animal is within the safety radius (10 m (33 ft) for pinnipeds 
(190-dB isopleth) or 40 m (131 ft) for cetaceans (180-dB isopleth)). 
Likewise, if a marine mammal is already within the safety radius when 
first detected, the airguns will be shut down immediately.
    Airgun activity will not resume until the animal has cleared the 
safety radius. The animal will be considered to have 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, beaked, and bottlenose whales).
    Ramp-up Procedures - A ``ramp-up'' procedure will be followed when 
the airguns begin operating after a period without airgun operations. 
The two GI guns will be added in sequence 5 minutes apart. During ramp-
up procedures, the safety radius for the two GI guns will be 
maintained.
    Night Operations - At night, vessel lights and/or night vision 
devices (NVDs) could be useful in sighting some marine mammals at the 
surface within a short distance from the ship (within the safety radii 
for the two GI guns in deep water). Start up of the airguns will only 
occur in situations when the entire safety radius is visible with 
vessel lights and NVDs.

Reporting

    A report will be submitted to NMFS within 90 days after the end of 
the cruise. The end of the northeastern Indian Ocean cruise is 
predicted to occur between July 16 and August 13, 2007. The report will 
describe the operations that were conducted and the marine mammals that 
were detected near the operations. The report will be submitted to 
NMFS, providing full documentation of methods, results, and 
interpretation pertaining to all monitoring. The 90-day 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.

[[Page 36435]]

Endangered Species Act

    Pursuant to section 7 of the ESA, the National Science Foundation 
(NSF) has consulted with NMFS on this seismic survey. NMFS has also 
consulted internally pursuant to Section 7 of the ESA on the issuance 
of an IHA under section 101(a)(5)(D) of the MMPA for this activity. In 
a Biological Opinion (BO), NMFS concluded that the 2007 SIO seismic 
survey in the norhteastern Indian Ocean and the issuance of the 
associated IHA are not likely to jeopardize the continued existence of 
threatened or endangered species or destroy or adversely modify any 
designated critical habitat. NMFS has issued an incidental take 
statement (ITS) for 1 blue whale and 1 sperm whale (as well as a number 
of individuals of olive-Ridley sea turtles, green sea turtles, 
leatherback turtles, and hawksbill sea turtles) that contains 
reasonable and prudent measures with implementing terms and conditions 
to minimize the effects of this take. The terms and conditions of the 
BO have been incorporated into the SIO.

National Environmental Policy Act (NEPA)

    NSF prepared an Environmental Assessment of a Planned Low-Energy 
Marine Seismic Survey by the Scripps Institution of Oceanography in the 
Northeast Indian Ocean, May July 2007. NMFS has adopted NSF's EA and 
issued a Finding of No Significant Impact for the issuance of the IHA.

Determinations

    NMFS has determined that the impact of conducting the seismic 
survey in the northeast Indian Ocean may result, at worst, in a 
temporary modification in behavior (Level B Harassment) of small 
numbers of 29 species of cetaceans. Further, this activity is expected 
to result in a negligible impact on the affected species or stocks. The 
provision requiring that the activity not have an unmitigable adverse 
impact on the availability of the affected species or stock for 
subsistence uses does not apply for this action.
     This determination is supported by: (1) the likelihood that, given 
sufficient notice through relatively slow ship speed and ramp-up, 
marine mammals are expected to move away from a noise source that is 
annoying prior to its becoming potentially injurious; (2) the fact that 
marine mammals would have to be closer than 40 m from the vessel to be 
exposed to levels of sound (180 dB) believed to have even a minimal 
chance of causing TTS; and (3) the likelihood that marine mammal 
detection ability by trained observers is high at that short distance 
from the vessel. As a result, no take by injury or death is anticipated 
and the potential for temporary or permanent hearing impairment is very 
low and will be avoided through the incorporation of the required 
mitigation measures.
    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, less than a few percent of any of the 
estimated population sizes, and has been mitigated to the lowest level 
practicable through incorporation of the measures mentioned previously 
in this document.

Authorization

    As a result of these determinations, NMFS has issued an IHA to SIO 
for conducting a low-energy seismic survey in the Indian Ocean from 
June - August, 2007, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: June 20, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-12870 Filed 7-2-07; 8:45 am]
BILLING CODE 3510-22-S