[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Pages 42773-42781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16845]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG64


Small Takes of Marine Mammals Incidental to Specified Activities; 
Low-Energy Marine Seismic Survey in the Northeastern Pacific Ocean, 
June-July 2008

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 the University of Texas, 
Institute for Geophysics (UTIG) 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 June-July, 
2008.

DATES: Effective June 30, 2008, through July 31, 2008.

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: Howard Goldstein or Ken Hollingshead, 
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 March 4, 2008, NMFS received an application from UTIG for the 
taking, by Level B harassment only, of several species of marine 
mammals incidental to conducting, with research funding from the 
National Science Foundation (NSF), a bathymetric and seismic survey 
program approximately 100 km (62 mi) off the Oregon coast in the 
northeastern Pacific Ocean during June-July, 2008. The purpose of the 
research program was outlined in NMFS' notice of the proposed IHA (72 
FR 42045, August 1, 2007).

Description of the Activity

    The seismic surveys will involve one vessel, the R/V Thomas G. 
Thompson (Thompson), which is scheduled to depart from Seattle, 
Washington on June 30, 2008 and return on July 19, 2008. The exact 
dates of the activities may vary by a few days because of weather 
conditions, scheduling, repositioning, streamer operations and 
adjustments, Generator-Injector airgun (GI gun) deployment, or the need 
to repeat some lines if data quality is substandard. The ultra-high 
resolution 3-dimensional (3-D) seismic surveys around the methane vent 
systems of Hydrate Ridge will take place off the Oregon coast in the 
northeastern Pacific Ocean. The overall

[[Page 42774]]

area within which the seismic surveys will occur is located between 
approximately 44[deg] and 45[deg] N. and 124.5[deg] and 126[deg] W. 
(Figure 1 in UTIG's application). The surveys will occur approximately 
100 km (62 mi) offshore from Oregon in water depths between 
approximately 650 and 1,200 m (2,132 and 3,936 ft), entirely within the 
Exclusive Economic Zone (EEZ) of the U.S.
    The seismic survey will image the subsurface structures that 
control venting. The vent systems control whether the methane is 
directly released into the ocean and atmosphere or stored in methane 
hydrate. Methane hydrate storage has the potential for rapid 
dissociation and release into the ocean or atmosphere. The subsurface 
structure that will be imaged will determine the mechanisms involved in 
methane venting. The results will be applicable to the numerous vent 
systems that exist on continental margins worldwide. The data will also 
be used to design observatories that can monitor and assess the methane 
fluxes and mechanisms of methane release that operate on Hydrate Ridge.
    The Thompson will deploy two low-energy GI guns as an energy source 
(with a discharge volume of 40-60 in\3\ for each gun or a total of 80-
120 in\3\), and a P-Cable system. The 12 m (39.5 ft) long P-cable 
system is supplied by Northampton Oceanographic Center in the U.K. The 
towed system will consist of at least 12 streamers (and possibly up to 
24) spaced approximately 12.5 m (41 ft) apart and each containing 11 
hydrophones, all summed to a single channel. The energy to the GI guns 
is compressed air supplied by a compressor on board the source vessel. 
As the GI guns are towed along the survey lines, the P-Cable system 
will receive the returning acoustic signals.
    The seismic program will consist of three survey grids: two of the 
surveys each cover a 15 km\2\ area and the third covers a 25 km\2\ (see 
Figure 1 in UTIG's application). The line spacing within the three 
survey grids will either be 75 m (246 ft) (if 12 streamers are used) or 
150 m (492 ft) (if 24 streamers are used). The total line km to be 
surveyed in the grids at the 75 m spacing is 975 km (605.8 mi), 
including turns. Water depths at the seismic survey locations range 
from 650 to 1,200 m (2,132 to 3,936 ft). Most (92 percent) of the 
survey will take place over intermediate (100-1,000 m) water depths; 
the remaining 8 percent will be in water deeper than 1,000 m. If time 
permits, an additional 300 line km will be surveyed along the outside 
edges of the three grids. The GI guns are expected to operate for a 
total of approximately 150 hours during the cruise. There will be 
additional seismic operations associated with equipment testing, start-
up, and repeat coverage of any areas where initial data quality is sub-
standard.
    In addition to the operations of the two GI guns and P-cable 
system, a Simrad EM300 30 kHz multibeam echosounder, and a Knudsen 12 
kHz 320BR sub-bottom profiler will be used during the proposed cruise.
    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 guns where sound levels of 190, 180, 
and 160 dB re 1 microPa (rms) are predicted to be received in deep 
(>1000-m, 3,280-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 UTIG application and proposed IHA was 
published in the Federal Register on May 23, 2008 (73 FR 30076). During 
the comment period, NMFS received comments from the Marine Mammal 
Commission (MMC) and the Center for Regulatory Effectiveness (CRE).
    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.
    CRE Comment: The CRE states that it does not oppose the NMFS-issued 
IHA to UTIG because it does not believe that the proposed seismic 
activities will harm marine mammals. However, CRE requests that the IHA 
be consistent with the Council for Regulatory Effectiveness White Paper 
(CRE White Paper): The NMFS Should Regulate Seismic Under the Marine 
Mammal Protection Act in a Two-Tier Manner.
    Response: NMFS concurs with CRE's that the UTIG's seismic 
activities will not harm marine mammals provided the described 
monitoring and mitigation measures are implemented and acknowledges the 
receipt of the CRE White Paper. The recommendations stated in the 
document will be reviewed and considered by the agency on the issuance 
of future regulations.
    CRE Comment: The CRE White Paper recommends that the final IHA 
issued to UTIG for the proposed operations should use line transect 
analysis to estimate exposures including: (1) the number of line miles 
(or line kilometers) traversed, (2) estimated radial distance to edge 
of a safety, impact, or exclusion zone; and (3) the densities of marine 
mammals present. No models should be used to estimate exposures before 
the models meet Data Quality Act (``DQA'') guidelines; before they meet 
Council for Regulatory Environmental Modeling (``CREM'') guidelines; 
and before they pass external peer review. No models should be used 
before they have been demonstrated to be more reliable than the 
currently approved and used methodology: line transect analysis.
    Response: UTIG's application was prepared for UTIG and NSF by LGL 
Ltd., Environmental Research Associates (LGL). In the application for 
the proposed seismic operations, LGL notes that it is using the line 
transect method to estimate marine mammal exposures and determine 
safety zones, it is not using the Acoustic Integration Model (AIM). AIM 
was developed and is proprietary to Marine Acoustics, Inc. This is 
consistent with applications for recent previous NSF-funded research 
seismic cruises conducted by Scripps Institution of Oceanography (SIO) 
and Lamont-Doherty Earth Observatory (L-DEO). The use of AIM is 
proposed for use by NSF in its Draft Programmatic

[[Page 42775]]

Environmental Impact Statement (Draft PEIS) for the R/V Marcus 
Langseth. NMFS expects the Draft PEIS will be released for public 
comment this summer. In that regard, AIM has been independently 
reviewed and found to be compliant with the Environmental Protection 
Agency's Council for Regulatory Environmental Modeling (CREM) (see 
http://www.nmfs.noaa.gov/pr/pdfs/permits/lfa_aim_review.pdf for more 
information on this model).
    CRE Comment: The CRE White Paper recommends that the final IHA 
issued to UTIG for the proposed operations should use average density 
numbers to estimate marine mammal exposures to seismic.
    Response: NMFS agrees that the best science available supports the 
use of average density estimates whenever possible. However, there may 
be situations where NMFS needs to use maximum density estimates. For 
example, if there are seasonal differences in abundance and 
distribution between dates when the marine mammal surveys were 
conducted and the dates for seismic data acquisition. Also, NMFS has 
stated several times in previous IHA authorizations, that the estimates 
for ``exposure'' do not mean that all animals will be harassed at the 
sound pressure level being calculated.
    CRE Comment: The CRE White Paper recommends that the final IHA 
issued to UTIG for the proposed operations should explain that exposure 
to seismic does not necessarily equate to harassment and a taking under 
the MMPA. CRE explains that ``simple exposure to sound, or brief 
reactions that do not disrupt behavioral patterns in a potentially 
significant manner, do not constitute harassment or 'taking'. By 
potentially significant, CRE means 'in a manner that might have 
deleterious effects to the well-being of individual marine mammals or 
their populations.'' CRE would like this explanation factored into 
NMFS' use and discussion of Line Transect Analysis. Also, CRE would 
like the fact that ``whales do not sit still and therefore do not get 
the full dose of sound on every shot'' factored into exposure 
estimates.
    Response: When marine mammals are exposed to very strong sound 
sources underwater, like pulses from seismic airguns, temporary or 
permanent hearing impairment due to threshold shifts is a possibility. 
Non-auditory physical effects or injuries may also theoretically occur, 
such as stress, neurological effects, bubble formation, and other types 
of organ or tissue damage (Cox et al. (2006), Southall et al. (2007); 
both as cited in UTIG's application (2008)). NMFS concurs that 
momentary behavioral reactions to a sound source such as an echosounder 
or seismic airgun pulse do not necessarily rise to the level of 
``take'' by behavioral harassment. NMFS has stated several times in 
previous IHA authorizations, that the estimates for ``exposure'' do not 
mean that all animals will be harassed by the sound source. See UTIG's 
application for more information on estimating ``exposures'' and 
``takes'' of marine mammals during the seismic operations. No 
explanation or justification for the statement ``whales do not sit 
still and therefore do not get the full dose of sound on every shot'' 
was provided and it is unclear how CRE expects NMFS to factor it in, 
therefore, NMFS cannot address this statement at this time.
    CRE Comment: The CRE White Paper recommends that the final IHA 
issued to UTIG for the proposed operations should regulate the 180 dB 
at 500 m (1,640 ft) unless and until other levels are shown DQA 
compliant and necessary. These standards have been consistently applied 
in the Gulf of Mexico (GOM) and elsewhere without harm to marine 
mammals.
    Response: Consistent with CRE's comment, NMFS is using the 180 dB 
isopleth to estimate take of cetaceans (and the 190 dB isopleth for 
pinnipeds) by Level A harassment and to determine a trigger for 
implementing mitigation, in regards to non-explosive sounds.
    CRE Comment: The CRE White Paper recommends that the final IHA 
issued to UTIG for the proposed operations should require passive 
acoustic monitoring (``PAM'') if and when PAM is demonstrated to be 
accurate and reliable after public comment on the issue.
    Response: In regard to the use of PAM, UTIG does not propose to use 
PAM for this seismic research activity on the Thompson as the safety 
zones for marine mammals are fairly small and easily visible to MMVO's. 
Still, it remains difficult to locate a marine mammal based solely upon 
its call and determining whether or not the animals is inside the 
safety zone. The use of PAM systems may be proposed to be used by an 
IHA or LOA applicant to assist in the detection and monitoring of 
vocalizing marine mammals in the study area of the seismic vessel due 
to distance of safety zones or viewing conditions (i.e., inclement 
weather and/or sea state conditions, or night-time). However, prior to 
allowing use of PAM under an IHA, the applicant would be required to 
validate its effectiveness for detecting those marine mammals expected 
to be encountered during the activity. Also, NMFS is currently 
developing guidelines for PAM systems.
    CRE Comment: The CRE encourages NMFS to regulate seismics in the 
GOM and elsewhere through the promulgation of five-year rules. NMFS is 
urged to follow the Tier II recommendations of the CRE White Paper when 
developing seismic rules and Tier I recommendations when issuing 
individual IHAs in the absence of seismic rules.
    Response: NMFS is currently preparing an Environmental Impact 
Statement for the issuance of five-year rules in a Letter of 
Authorization for seismic activities in the GOM. Also, NMFS will review 
and consider the recommendations stated in the CRE White Paper

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. In 
addition, the southern resident killer whale stock is also listed as 
endangered, but is unlikely to be seen in the offshore waters of 
Oregon. The threatened northern sea otter is only known to occur in 
coastal waters and is not expected in coastal waters and is not 
expected in the project area (the sea otter is under the jurisdiction 
of the U.S. Fish and Wildlife Service).
    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 (73 FR 30076, May 23, 2008) 
and may be found in UTIG's application.

[[Page 42776]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Number of
              Species                           Habitat                  Abundance\1\          Avg Density\4\       Max Density\4\         Exposures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mysticetes
-----------------------------------                                                                                                  -------------------
North Pacific right whale           Inshore, occasionally offshore  N.A.\2\                0                      0                   0
 (Eubalaena japonica) \*\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera           Mainly nearshore waters and     1391                   0.69                   1.50                1
 novaeangliae) \*\                   banks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera           Pelagic and coastal             1015                   0.68                   1.1                 2
 acutorostrata)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera borealis)   Primarily offshore, pelagic     56                     0.13                   0.5                 0
 \*\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera physalus)   Continental slope, mostly       3279                   0.95                   1.3                 1
 \*\                                 pelagic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera musculus)  Pelagic and coastal             1744                   0.19                   0.4                 1
 \*\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Odontocetes
-----------------------------------                                                                                                  -------------------
Sperm whale (Physeter               Usually pelagic and deep seas   1233                   1.39                   3.4                 2
 macrocephalus) \*\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pygmy sperm whale (Kogia            Deep waters off the shelf       247                    1.24                   2.8                 4
 breviceps)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dwarf sperm whale (Kogia sima)      Deep waters off the shelf       N.A.                   0                      0                   0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cuvier's beaked whale (Ziphius      Pelagic                         1884                   0                      0                   0
 cavirostris)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius     Pelagic                         228                    1.64                   4.1                 2
 bairdii)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blainville's beaked whale           Slope, offshore                 1247\3\                0                      0                   0
 (Mesoplodon densirostris)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mesoplodon sp (unidentified)        Slope, offshore                 1247\3\                0.66                   2.9                 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hubb's beaked whale (Mesoplodon     Slope, offshore                 1247\3\                0                      0                   0
 carlhubbsi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale            Slope, offshore                 1247\3\                0                      0                   0
 (Mesoplodon stejnegeri)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Offshore bottlenose dolphin         Offshore, slope                 5,065                  0.04                   0                   0
 (Tursiops truncatus)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Striped dolphin (Stenella           Off continental shelf           13,934                 0.04                   0.1                 0
 coeruleoalba)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin         Shelf and pelagic, seamounts    449,846                14.14                  35                  49
 (Delphinus delphis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific white-sided dolphin         Offshore, slope                 59,274                 24.84                  33.2                46
 (Lagenorhynchus obliquidens)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern right whale dolphin        Slope, offshore waters          20.362                 19.39                  26.7                37
 (Lissodelphis borealis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Risso's dolphin (Grampus griseus)   Shelf, slope, seamounts         16,066                 12.91                  17.3                24
--------------------------------------------------------------------------------------------------------------------------------------------------------
False killer whale (Pseudorca       Pelagic, occasionally inshore   N.A.                   0                      0                   0
 crassidens)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale (Orcinus orca)         Widely distributed              466 (offshore)         1.62                   2.7                 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Short-finned pilot whale            Mostly pelagic, high-relief     304                    0                      0                   0
 (Globicephala macrorhynchus)        topography
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 42777]]

 
Harbor porpoise (Phocoena           Coastal and inland waters       37,745 (OR/WA)         0                      0                   0
 phocoena)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dall's porpoise (Phocoenoides       Shelf, slope, offshore          99,517                 150.17                 250.9               349
 dalli)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pinnipeds
-----------------------------------                                                                                                  -------------------
Northern fur seal (Callorhinus      Pelagic, offshore               721,935\2\             10                     100                 139
 ursinus)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus       Coastal, shelf                  237,000-244,000        N.A.                   N.A.                0
 californianus californianus)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias        Coastal, shelf                  47,885(Eastern U.S.)   6                      N.A.                1
 jubatus) \*\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina         Coastal                         24,732 (OR/WA)         4                      N.A.                0
 richardsi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern elephant seal (Mirounga    Coastal, pelagic when           101,000 (CA)           N.A.                   N.A.                0
 ngustirostris)                      migrating
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1. Species expected to be encountered (and potentially harassed) and their densities in the survey area during UTIG=s NE Pacific Ocean cruise. The
  far right column indicates the number of exposures expected under the IHA.
N.A. B 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
\4\ Density is /1000 km\2\

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). Given the small size of the GI guns (two 40-60 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 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 (73 FR 30076, May 23, 2008) 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 UTIG's application.
    The notice of the proposed IHA also included a discussion of the 
potential effects of the multibeam echosounder and sub-bottom profiler. 
Because of the shape of the beams and the power of the multibeam 
echosounder and sub-bottom profiler, NMFS believes it unlikely that 
marine mammals will be exposed to the multibeam echosounder and sub-
bottom profiler at levels at or above those likely to cause harassment.

Estimated Take by Incidental Harassment

    The notice of the proposed IHA (73 FR 30076, May 23, 2008) 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 UTIG's application.
    All anticipated ``takes by harassment'' authorized by this IHA are 
Level B harassment only, involving temporary changes in behavior. Take 
calculations were based on maximum exposure estimates (based on maximum 
density estimates) as opposed to 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; Barlow and Forney, 2007). Some of 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 (346 mi) offshore from Oregon and Washington. In 
2005, NMFS SWFSC ``CSCAPE'' ship survey assessed the abundance and 
distribution of marine mammals along the U.S. West Coast and California 
Current pelagic ecosystem. 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.

[[Page 42778]]

    Ten species of odontocete whales, four species of mysticete whale, 
and two species of pinnipeds are expected to be harassed. Since the 
take estimates authorized in this IHA are no more than 0.02 percent of 
any cetacean species and no more than 0.0002 percent of any pinniped 
species found along or offshore of the Oregon coast, NMFS believes that 
the estimated take numbers for these species and stocks are both small 
relative to the worldwide abundance and population of these affected 
species.
    Table 2 (see below) outlines the species, estimated stock 
population (minimum and best), and estimated percentage of the stock 
exposed to seismic impulses in the project area. Additional information 
regarding the status, abundance, and distribution of the marine mammals 
in the area and how the densities were calculated was included in Table 
1 (see above), the notice of the proposed IHA (73 FR 30076, May 23, 
2008) and may be found in UTIG's application.

----------------------------------------------------------------------------------------------------------------
                                  Estimated Min. Pop'n of    Estimated Best Pop'n of    % of Stock Pop'n Exposed
            Species                        Stock                      Stock             to Sound Levels > 160 dB
----------------------------------------------------------------------------------------------------------------
Mysticetes
--------------------------------                                                      --------------------------
North Pacific right whale        N.A.                       N.A.                       0
 (Eubalaena japonica) \*\
----------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera        1,158                      1,391                      0.0009
 novaeangliae) \*\
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera        544                        898                        0.004
 acutorostrata)
----------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera          27                         43                         0
 borealis) \*\
----------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera          2,541                      3,279                      0.0008
 physalus) \*\
----------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera         1,005                      1,186                      0.001
 musculus) \*\
----------------------------------------------------------------------------------------------------------------
Odontocetes
--------------------------------                                                      --------------------------
Sperm whale (Physeter            1,719                      2,265                      0.001
 macrocephalus) \*\
----------------------------------------------------------------------------------------------------------------
Pygmy sperm whale (Kogia         N.A.                       247                        0.02
 breviceps)
----------------------------------------------------------------------------------------------------------------
Dwarf sperm whale (Kogia sima)   N.A.                       N.A.                       0
----------------------------------------------------------------------------------------------------------------
Cuvier's beaked whale (Ziphius   1,234                      2,171                      0
 cavirostris)
----------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius  203                        313                        0.007
 bairdii)
----------------------------------------------------------------------------------------------------------------
Blainville's beaked whale        N.A.                       N.A.                       0
 (Mesoplodon densirostris)
----------------------------------------------------------------------------------------------------------------
Mesoplodon sp (unidentified)     576                        1,024                      0.004
----------------------------------------------------------------------------------------------------------------
Hubb's beaked whale (Mesoplodon  N.A.                       N.A.                       0
 carlhubbsi)
----------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale         N.A.                       N.A.                       0
 (Mesoplodon stejnegeri)
----------------------------------------------------------------------------------------------------------------
Offshore bottlenose dolphin      2,295                      3,257                      0
 (Tursiops truncatus)
----------------------------------------------------------------------------------------------------------------
Striped dolphin (Stenella        9,165                      13,934                     0
 coeruleoalba)
----------------------------------------------------------------------------------------------------------------
Short-beaked common dolphin      392,687                    487,622                    0.0001
 (Delphinus delphis)
----------------------------------------------------------------------------------------------------------------
Pacific white-sided dolphin      20,441                     25,233                     0.002
 (Lagenorhynchus obliquidens)
----------------------------------------------------------------------------------------------------------------
Northern right whale dolphin     16,417                     20,362                     0.002
 (Lissodelphis borealis)
----------------------------------------------------------------------------------------------------------------
Risso's dolphin (Grampus         9,947                      12,093                     0.002
 griseus)
----------------------------------------------------------------------------------------------------------------
False killer whale (Pseudorca    N.A.                       N.A.                       0
 crassidens)
----------------------------------------------------------------------------------------------------------------
Killer whale (Orcinus orca)      331                        422                        0.01
----------------------------------------------------------------------------------------------------------------
Short-finned pilot whale         123                        245                        0
 (Globicephala macrorhynchus)
----------------------------------------------------------------------------------------------------------------
Harbor porpoise (Phocoena        27,705                     37,745                     0
 phocoena)
----------------------------------------------------------------------------------------------------------------

[[Page 42779]]

 
Dall's porpoise (Phocoenoides    43,425                     57,549                     0.008
 dalli)
----------------------------------------------------------------------------------------------------------------
Pinnipeds
--------------------------------                                                      --------------------------
Northern fur seal (Callorhinus   709,881                    721,935                    0.0002
 ursinus)
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus    141,842                    238,000                    0
 californianus californianus)
----------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias     44,584                     54,989                     0.00002
 jubatus) \*\
----------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina      22,380                     24,732                     0
 richardsi)
----------------------------------------------------------------------------------------------------------------
Northern elephant seal           74,913                     124,000                    0
 (Mirounga ngustirostris)
----------------------------------------------------------------------------------------------------------------
Table 2. Species expected to be encountered (and potentially harassed) during UTIG=s NE Pacific Ocean cruise.
  The far right column indicates the percentage of stock exposed to sound levels greater than or equal 160 dB.
\*\ Species are listed as threatened or endangered under the Endangered Species Act.

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 (73 FR 30076, May 23, 2008). Based on the discussion in 
the proposed IHA and the nature of the activities (small airgun array 
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 Thompson is a suitable platform for marine mammal observations. 
Two locations are likely as observation stations onboard the Thompson. 
At one station on the bridge, the eye level will be approximately 13.8 
m (45.3 ft) above sea level and the location will offer a good view 
around the vessel (approximately 310 degrees for one observer and a 
full 360 degrees when two observers are stationed at different vantage 
points). A second observation site is the 03 deck where the observer's 
eye level will be approximately 10.8 m (35.4 ft) above sea level. The 
03 deck offers a view of 330 degrees for two observers. 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 guns 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 guns 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 guns 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.
    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 guns.
    (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

[[Page 42780]]

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 guns shut down, (3) GI guns 
ramp up, and (4) minimizing approach to slopes and submarine canyons, 
if possible, because of sensitivity of beaked whales. Another standard 
mitigation measure airgun array power down is not possible because only 
two, low-volume GI guns 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 two 
GI guns and a short (12-m, 39.4-ft) P-Cable streamer system 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 two GI guns, 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 10 minutes in 
the case of small odontocetes and pinnipeds; or (3) has not been seen 
within the EZ for 15 minutes in the case of mysticetes and large 
odontocetes, including sperm, pygmy sperm, dwarf sperm, and beaked 
whales.
    Ramp-up Procedures - If no marine mammals have been observed while 
undertaking previously mentioned monitoring and mitigation measures, 
the airgun array may be ramped-up at no greater than 1 GI-gun per 5-
minute interval or approximately 6 dB per 5-minute period. Ramp-ups 
shall occur at the commencement of seismic operations, and, anytime 
after the airgun array has been shut down for more than 4 minutes.
    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 UTIG'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.

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 formally 
with NMFS for this action since take of listed species is anticipated 
and authorized. NMFS has also formally 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 
Biological Opinion, which concluded that the endangered humpback, blue, 
fin, and sperm whales, and the threatened eastern population of Steller 
sea lion are not likely to be jeopardized by the proposed seismic 
survey. Other endangered and threatened cetacean species were also 
considered by risk that individuals of these species would be adversely 
affected 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 237 dB re 1 microPa executed for 
a short period of time (3 survey sites, no more than a total of 
approximately 150 hours of seismic activity, during a three week 
period); (2) unlikelihood of encountering listed species in the action 
area during the time of the proposed project; and/or (3) monitoring and 
minimization measures to be implemented as part of the proposed 
project.

National Environmental Policy Act (NEPA)

    NSF prepared an Environmental Assessment (EA) 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. NMFS has also conducted a separate NEPA analysis and prepared 
a Supplemental EA prior to 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 seventeen 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 cetaceans would 
have to be closer than either 104 m (341 ft) in intermediate depths or 
69 m (226 ft) in deep water (180 dB) and pinnipeds would have to be 
closer than 30 m (98.4 ft) in intermediate depths or 20 m (65.6) in 
deep water from the vessel to be exposed to levels of sound believed to 
have even a minimal chance of causing TTS or PTS (180 dB for cetaceans 
and 190 dB for pinnipeds); 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.

[[Page 42781]]

    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 UTIG 
for conducting a low-energy seismic survey in the northeast Pacific 
Ocean during June-July, 2008, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: July 17, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-16845 Filed 7-22-08; 8:45 am]
BILLING CODE 3510-22-S