[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51622-51627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17775]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC27


Small Takes of Marine Mammals Incidental to Specified Activities; 
Low-Energy Marine Seismic Survey in the Northeastern Pacific Ocean, 
September 2007

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 Institution 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 Pacific Ocean during September, 2007.

DATES: Effective September 5, 2007, through September 30, 2007.

ADDRESSES: A copy of the IHA and application are available by writing 
to P. 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 the references used in this document may be 
obtained by writing to the address specified above, telephoning the 
contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting 
the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may be 
viewed, by appointment, during regular business hours, at the 
aforementioned address.

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

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 U.S. can apply for an authorization to 
incidentally take small numbers of 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 May 4, 2007, NMFS received an application from SIO for the 
taking, by Level B harassment only, of eight species of marine mammals 
incidental to conducting, with research funding from the National 
Science Foundation (NSF), an ocean-bottom seismograph (OBS) deployment 
and a magnetic, bathymetric, and seismic survey program off the Oregon 
coast in the northeastern Pacific Ocean during September, 2007. The 
purpose of the research program was outlined in NMFS' notice of the 
proposed IHA (72 FR 42045, August 1, 2007).

[[Page 51623]]

Description of the Activity

    The seismic surveys will involve one vessel, the R/V Wecoma 
(Wecoma), which is scheduled to depart from Newport, OR on September 5, 
2007 and return on September 11, 2007. The exact dates of the 
activities may vary by a few days because of weather conditions, 
repositioning, OBS and streamer operations and adjustments, GI-gun 
deployment, or the need to repeat some lines if data quality is 
substandard. The seismic surveys will take place off the Oregon coast 
in the northeastern Pacific Ocean. The overall area within which the 
seismic surveys will occur is located between approximately 44[deg] and 
45[deg] N. and 124.5[deg] and 126o W. (Figure 1 in the application). 
The surveys will occur approximately 25-110 km (15.5-68.4 mi) offshore 
from Oregon in water depths between approximately 110 and 3,050 m (361 
and 10,007 ft), entirely within the Exclusive Economic Zone of the U.S.
    The Wecoma will deploy a single low-energy Generator-Injector (GI) 
airgun as an energy source (with a discharge volume of 45 in\3\), 16 
OBSs that will remain in place for a year, and a 300 m-long (984 ft-
long), 16-channel, towed hydrophone streamer. The program will consist 
of approximately 21 km (13 mi) of surveys over each of the 16 OBSs. The 
GI gun will be operated on a small grid for approximately 2 hours at 
each of 16 OBS sites over an approximately 7-day period during 
September, 2007. In addition to the operations of the GI gun, a 3.5-kHz 
sub-bottom profiler, a Knudsen 320BR sub-bottom profiler, and a 
magnetometer may be run on the transit between OBS locations.
    A more detailed description of the authorized action, including 
vessel and acoustic source specifications, was included in the notice 
of the proposed IHA (72 FR 42045, August 1, 2007).

Safety Radii

    Received sound levels have been modeled by Lamont-Doherty Earth 
Observatory (L-DEO) for a number of airgun configurations, including 
one 45-in\3\ GI gun, in relation to distance and direction from the 
airgun(s). 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 gun 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 8, 23, and 220 m (26.2, 75.5, and 721.8 
ft), respectively and 12, 35, and 330 m (39.4, 115, and 1,082.7 ft), 
respectively for intermediate water depths (100-1000m, 328-3,280 ft). 
Because the model results are for a 2.5-m (8.2-ft) tow depth, the above 
distances slightly underestimate the distances for the 45-in3 GI gun 
towed at 4-m (13-ft) depth.
    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 42045, August 1, 
2007).

Comments and Responses

    A notice of receipt of the SIO application and proposed IHA was 
published in the Federal Register on August 1, 2007 (72 FR 42045). 
During the comment period, NMFS received comments from the Marine 
Mammal Commission (MMC) and one individual. One individual expressed 
the opinion that this authorization should be denied because this type 
of activity is much more harmful than the ``profiteers'' admit, causing 
extreme harm to the animals, such as brain hemorrhages which cause the 
death of the animals. No supporting information was provided for these 
assertions, and NMFS believes that the contrary analyses presented in 
the EA and Federal Register Notice remain correct.
    MMC Comment: 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 mammal is found in the vicinity of the 
operations and the death or injury could have occurred incidental to 
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.

Description of Marine Mammals in the Activity Area

    Thirty-two marine mammal species, including 19 odontocete (dolphins 
and small and large toothed whales) species, seven mysticete (baleen 
whales) species, five pinniped species, and the sea otter, may occur or 
have been documented to occur in the marine waters off Oregon and 
Washington, excluding extralimital sightings or strandings (Table 1 
here). Six of the species that may occur in the project area are listed 
under the U.S. Endangered Species Act (ESA) as Endangered, including 
sperm, humpback, blue, fin, sei, and North Pacific right whales. One 
other species listed as Threatened may occur in the project area: the 
Steller sea lion.
    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 42045, August 1, 
2007) and may be found in SIO's application.

----------------------------------------------------------------------------------------------------------------
               Species                           Habitat                 Abundance\1\            Auth Take
----------------------------------------------------------------------------------------------------------------
Mysticetes
 
North Pacific right whale (Eubalaena   Inshore, occasionally        N.A.\2\                0
 japonica) \*\                          offshore
----------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera              Mainly nearshore waters and  1391                   0
 novaeangliae) \*\                      banks
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera              Pelagic and coastal          1015                   0
 acutorostrata)
----------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera borealis) \*\  Primarily offshore, pelagic  56                     0
----------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera physalus) \*\  Continental slope, mostly    3279                   0
                                        pelagic
----------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera musculus)     Pelagic and coastal          1744                   0
 \*\
----------------------------------------------------------------------------------------------------------------
Odontocetes
 
Sperm whale (Physeter macrocephalus)   Usually pelagic and deep     1233                   0
 \*\                                    seas
----------------------------------------------------------------------------------------------------------------

[[Page 51624]]

 
Pygmy sperm whale (Kogia breviceps)    Deep waters off the shelf    247                    1
----------------------------------------------------------------------------------------------------------------
Dwarf sperm whale (Kogia sima)         Deep waters off the shelf    N.A.                   0
----------------------------------------------------------------------------------------------------------------
Cuvier's beaked whale (Ziphius         Pelagic                      1884                   0
 cavirostris)
----------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius        Pelagic                      228                    0
 bairdii)
----------------------------------------------------------------------------------------------------------------
Blainville's beaked whale (Mesoplodon  Slope, offshore              1247 \3\               0
 densirostris)
----------------------------------------------------------------------------------------------------------------
Hubb's beaked whale (Mesoplodon        Slope, offshore              1247 \3\               0
 carlhubbsi)
----------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale (Mesoplodon   Slope, offshore              1247 3                 0
 stejnegeri)
----------------------------------------------------------------------------------------------------------------
Offshore bottlenose dolphin (Tursiops  Offshore, slope              5,065                  0
 truncatus)
----------------------------------------------------------------------------------------------------------------
Striped dolphin (Stenella              Off continental shelf        13,934                 0
 coeruleoalba)
----------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin            Shelf and pelagic,           449,846                4
 (Delphinus delphis)                    seamounts
----------------------------------------------------------------------------------------------------------------
Pacific white-sided dolphin            Offshore, slope              59,274                 6
 (Lagenorhynchus obliquidens)
----------------------------------------------------------------------------------------------------------------
Northern right whale dolphin           Slope, offshore waters       20,362                 5
 (Lissodelphis borealis)
----------------------------------------------------------------------------------------------------------------
Risso's dolphin (Grampus griseus)      Shelf, slope, seamounts      16,066                 3
----------------------------------------------------------------------------------------------------------------
False killer whale (Pseudorca          Pelagic, occasionally        N.A.                   0
 crassidens)                            inshore
----------------------------------------------------------------------------------------------------------------
Killer whale (Orcinus orca)            Widely distributed           466 (Offshore)         0
----------------------------------------------------------------------------------------------------------------
Short-finned pilot whale               Mostly pelagic, high-relief  304                    0
 (Globicephala macrorhynchus)           topography
----------------------------------------------------------------------------------------------------------------
Harbor porpoise (Phocoena phocoena)    Coastal and inland waters    39,586 (OR/WA)         0
----------------------------------------------------------------------------------------------------------------
Dall's porpoise (Phocoenoides dalli)   Shelf, slope, offshore       99,517                 39
----------------------------------------------------------------------------------------------------------------
Pinnipeds
 
Northern fur seal (Callorhinus         Pelagic, offshore            688,028 \2\            3
 ursinus)
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus          Coastal, shelf               237,000-244,000        0
 californianus californianus)
----------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias jubatus)  Coastal, shelf               44,996 \2\ Eastern US  0
 \*\
----------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina            Coastal                      24,732 (OR/WA)         1
 richardsi)
----------------------------------------------------------------------------------------------------------------
Northern elephant seal (Mirounga       Coastal, pelagic when        101,000 (CA)           0
 angustirostris)                        migrating
----------------------------------------------------------------------------------------------------------------
Table 1. Species expected to be encountered (and potentially harassed) during SIO's Pacific Ocean cruise. The
  far right column indicates the number of takes authorized by the IHA.
N.A. - Data not available or species status was not assessed.
\*\ Species are listed as threatened or endangered under the Endangered Species Act.
\1\ Abundance given for U.S., Eastern North Pacific, or California/Oregon/Washington Stock, whichever is
  included in the 2005 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al. 2006), unless otherwise
  stated.
\2\ Angliss and Outlaw (2005).
\3\ All mesoplodont whales

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, and temporary or permanent hearing impairment or non-
auditory physical or physiological effects (Richardson et al., 1995; 
Gordon et al., 2004). 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 gun 
operated by SIO are 35 m (115 ft) and 12 m (39.4 ft), respectively, for 
intermediate water depths and 23 m (75.5 ft) and 8 m (26.2 ft), 
respectively, for deep water. Given the small size of the gun (one 45-
in\3\ GI gun) 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 any

[[Page 51625]]

significant non-auditory physical or physiological effects. Also, 
behavioral disturbance is expected to be limited to relatively short 
distances.
    The notice of the proposed IHA (72 FR 42045, August 1, 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 information on the behavioral reactions 
(or lack thereof) by all types of marine mammals to seismic vessels can 
be found in Appendix A (e) of SIO's applicaiton.
    The notice of the proposed IHA also included a discussion of the 
potential effects of the sub-bottom profiler. Because of the shape of 
the beams and the power of the bottom profiler, NMFS believes it 
unlikely that marine mammals will be exposed to the sub-bottom profiler 
at levels at or above those likely to cause harassment.

Estimated Take by Incidental Harassment

    The notice of the proposed IHA (72 FR 42045, August 1, 2007) 
included an in-depth discussion of the methods used to calculate the 
densities of the 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 
only, involving temporary changes in behavior. The far right column in 
Table 1, ``Auth Take'', displays the numbers for which take is 
authorized. Take calculations were based on maximum exposure estimates 
(based on maximum density estimates) vs. best estimates and are based 
on the 160-dB isopleth of a larger array of airguns. Given these 
considerations, the predicted number of marine mammals that might be 
exposed to sounds 160 dB may be somewhat overestimated.
    Extensive systematic aircraft- and ship-based surveys have been 
conducted for marine mammals offshore of Oregon and Washington (Bonnell 
et al., 1992; Green et al., 1992, 1993; Barlow, 1997, 2003; Barlow and 
Taylor, 2001; Calambokidis and Barlow, 2004). The most comprehensive 
and recent density data available for cetacean species off slope and 
offshore waters of Oregon are from the 1996 and 2001 NMFS SWFSC 
``ORCAWALE'' ship surveys as synthesized by Barlow (2003). The surveys 
were conducted from late July to early November (1996) or early 
December (2001). They were conducted up to approximately 556 km (1,824 
ft) offshore from Oregon and Washington. Systematic, offshore, at-sea 
survey data for pinnipeds are more limited. The most comprehensive such 
studies are reported by Bonnell et al. (1992) and Green et al. (1993) 
based on systematic aerial surveys conducted in 1989 1990 and 1992, 
primarily from coastal to slope waters with some offshore effort as 
well.
    Since the take estimates authorized in this IHA are no more than 
0.4 percent of any cetacean species and no more than 0.01 percent of 
any pinniped species found along the Oregon coast, NMFS believes that 
the estimated take numbers for these species and stocks are small 
relative to both 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 42045, August 1, 2007). Based on the discussion in 
the proposed IHA and the nature of the activities (small airgun 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

    Vessel-based marine mammal visual observers (MMVOs) will be based 
aboard the seismic source vessel and will watch for marine mammals near 
the vessel during all daytime GI gun operations and during start-ups of 
the gun at night. MMVOs will also watch for marine mammals near the 
seismic vessel for at least 30 minutes prior to the start of GI gun 
operations. When feasible, MMVOs will also make observations during 
daytime periods when the seismic system is not operating for comparison 
of animal abundance and behavior. Based on MMVO observations, the 
airgun will be shut down when marine mammals are observed within or 
about to enter a designated exclusion zone (EZ; safety radius). The EZ 
is a region in which a possibility exists of adverse effects on animal 
hearing or other physical effects.
    MMVOs will be appointed by the academic institution conducting the 
research cruise, with NMFS Office of Protected Resources concurrence. 
At least one MMVO will monitor the EZ during daytime GI gun operations 
and any nighttime startups. MMVOs will normally work in shifts of 4 
hours duration or less. The vessel crew will also be instructed to 
assist in detecting marine mammals.
    The Wecoma is a suitable platform for marine mammal observations. 
Observing stations will be on the bridge wings, with observers' eyes 
approximately 6.5 m (21.3 ft) above the water line and a 180[deg] view 
outboard from either side, on the whaleback deck in front of the 
bridge, with observers' eyes approximately 7.5 m (24.6 ft) above the 
waterline and an approximate 200[deg] view forward, and on the aft 
control station, with observers' eyes approximately 5.5 m (18 ft) above 
the waterline and an approximate 180[deg] view aft that includes the 
40-m (131-ft; 180-dB) radius area around the GI gun. The eyes of the 
bridge watch will be at a height of approximately 6.5 m (21.3 ft). 
MMVOs will repair to the enclosed bridge during any inclement weather.
    Standard equipment for MMVOs will be 7 x 50 reticule binoculars and 
optical range finders. At night, night-vision equipment will be 
available. Observers will be in wireless communication with ship 
officers on the bridge and scientists in the ship's operations 
laboratory, so they can advise promptly of the need for avoidance 
maneuvers or GI gun shut down.
    MMVOs will record data to estimate the numbers of marine mammals 
exposed to various received sound levels and to document any apparent 
disturbance reactions. Data will be used to estimate the numbers of 
mammals potentially ``taken'' by harassment. It will also provide the 
information needed to order a shutdown of the GI gun when a marine 
mammal is within or near the EZ. 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 the GI gun or 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.

[[Page 51626]]

    All mammal observations and airgun shutdowns will be recorded in a 
standardized format. Data accuracy will be verified by the MMVOs at 
sea, and preliminary reports will be prepared during the field program 
and summaries forwarded to the operating institution's shore facility 
and to NSF weekly or more frequently. MMVO observations will provide 
the following information:
    (1) The basis for decisions about shutting down the GI gun.
    (2) Information needed to estimate the number of marine mammals 
potentially ``taken by harassment, which must be reported to NMFS.
    (3) Data on the occurrence, distribution, and activities of marine 
mammals in the area where the seismic study is conducted.
    (4) Data on the behavior and movement patterns of marine mammals 
seen at times with and without seismic activity.

Mitigation

    Mitigation and monitoring measures proposed to be implemented for 
the proposed seismic survey have been developed and refined during 
previous SIO and L-DEO seismic studies and associated EAs, IHA 
applications, and IHAs. The mitigation and monitoring measures 
described herein represent a combination of the procedures required by 
past IHAs for other SIO and L-DEO projects. The measures are described 
in detail below.
    The number of individual animals expected to be approached closely 
during the proposed activity will be small in relation to regional 
population sizes. With the proposed monitoring and shut-down provisions 
(see below), any effects on individuals are expected to be limited to 
behavioral disturbance and will have only negligible impacts on the 
species and stocks.
    Mitigation measures that will be adopted will include: (1) vessel 
speed or course alteration, provided that doing so will not compromise 
operational safety requirements, (2) GI gun shut down, and (3) 
minimizing approach to slopes and submarine canyons, if possible, 
because of sensitivity of beaked whales. Two other standard mitigation 
measures airgun array power down and airgun array ramp up are not 
possible because only one, low-volume GI gun will be used for the 
surveys.
    Speed or Course Alteration - If a marine mammal is detected outside 
the EZ but is likely to enter it based on relative movement of the 
vessel and the animal, then if safety and scientific objectives allow, 
the vessel speed and/or direct course will be adjusted to minimize the 
likelihood of the animal entering the EZ. Major course and speed 
adjustments are often impractical when towing long seismic streamers 
and large source arrays but are possible in this case because only one 
GI gun and a short (300-m, 984-ft) streamer will be used. If the animal 
appears likely to enter the EZ, further mitigative actions will be 
taken, i.e., either further course alterations or shut down of the 
airgun.
    Shut-down Procedures - If a marine mammal is within or about to 
enter the EZ for the single GI gun, it will be shut down immediately. 
Following a shut down, GI gun activity will not resume until the marine 
mammal is outside the EZ for the full array. The animal will be 
considered to have cleared the EZ if it: (1) is visually observed to 
have left the EZ; (2) has not been seen within the EZ for 15 minutes in 
the case of small odontocetes and pinnipeds; or (3) has not been seen 
within the EZ for 30 minutes in the case of mysticetes and large 
odontocetes, including sperm, pygmy sperm, dwarf sperm, and beaked 
whales.
    Minimize Approach to Slopes and Submarine Canyons - Although 
sensitivity of beaked whales to airguns is not known, they appear to be 
sensitive to other sound sources (mid-frequency sonar; see section IV 
of SIO's application). Beaked whales tend to concentrate in continental 
slope areas and in areas where there are submarine canyons. Avoidance 
of airgun operations over or near submarine canyons has become a 
standard mitigation measure, but there are none within or near the 
study area. Four of the 16 OBS locations are on the continental slope, 
but the GI gun is low volume (45 in3), and it will operate only a short 
time (approximately 2 hours) at each location.

Reporting

    A report will be submitted to NMFS within 90 days after the end of 
the cruise. 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, all 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

    Pursuant to Section 7 of the ESA, the NSF has consulted informally 
with NMFS for this action since no take of listed species is 
anticipated or authorized. NMFS has also consulted internally pursuant 
to Section 7 of the ESA on the issuance of an IHA under Section 
101(a)(5)(D) for this activity. NMFS Section 7 biologists issued a 
concurrence letter, which concluded that the risk of individuals listed 
under the ESA being adversely affected in this proposed project is 
reduced to discountable levels because of the: (1) type and short time 
frame of the proposed activity (single airgun source with nominal 
source level (peak to peak) of 230.7 dB re 1 microPa executed for a 
short period of time (16 sites, no more than two hours at each site, 
during a two week period); (2) unlikelihood of encountering listed 
species in the action area during the time of the proposed project; and 
(3) monitoring and minimization measures to be implemented as part of 
the proposed project.

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 Pacific Ocean, September 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 Pacific Ocean may result, at worst, in a 
temporary modification in behavior (Level B Harassment) of small 
numbers of eight species of marine mammals. 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, 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 either 35 m (115 ft) in intermediate 
depths or 23 m (75.5 ft) in deep water from the vessel to be exposed to 
levels of sound (180 dB) believed to have even a minimal chance

[[Page 51627]]

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 or 
authorized 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 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 Pacific Ocean during 
September, 2007, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: September 4, 2007,
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-17775 Filed 9-7-07; 8:45 am]
BILLING CODE 3510-22-S