[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68720-68734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA507


Takes of Marine Mammals Incidental to Specified Activities; Low-
Energy Marine Geophysical Survey in the Western Tropical Pacific Ocean, 
November to December 2011

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

ACTION: Notice; issuance of an incidental take authorization (ITA).

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulation, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to Scripps Institution of 
Oceanography (SIO) to take marine mammals, by Level B harassment, 
incidental to conducting a low-energy marine geophysical (i.e., 
seismic) survey in the western tropical Pacific Ocean, November to 
December 2011.

DATES: Effective November 5, 2011 through January 31, 2012.

ADDRESSES: A copy of the IHA and application are available by writing 
to P. Michael Payne, Chief, Permits and Conservation Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910 or by telephoning the contacts 
listed here.
    A copy of the IHA application containing a list of the references 
used in this document may be obtained by writing to the above address, 
telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT) or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    The following associated documents are also available at the same 
Internet address: ``Environmental Assessment Pursuant to the National 
Environmental Policy Act, 42 U.S.C. 4321, et seq. and Executive Order 
12114, Marine Geophysical Survey by the R/V Thompson in the western 
tropical Pacific Ocean, November-December 2011 (EA)'' prepared by the 
National Science Foundation (NSF), and ``Environmental Assessment of a 
Low-Energy Marine Geophysical Survey by the R/V Thompson in the Western 
Tropical Pacific Ocean, November-December 2011,'' prepared by LGL Ltd., 
Environmental Research Associates (LGL), on behalf of NSF. The NMFS 
Biological Opinion will be available online at: http://www.nmfs.noaa.gov/pr/consultation/opinions.htm. 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 Jolie Harrison, 
Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) directs 
the Secretary of Commerce (Secretary) to authorize, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by United States citizens who 
engage in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and, if the 
taking is limited to harassment, a notice

[[Page 68721]]

of a proposed authorization is provided to the public for review.
    Authorization for the incidental taking of small numbers of marine 
mammals shall be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). The authorization must 
set forth the permissible methods of taking, other means of effecting 
the least practicable impact on the species or stock and its habitat, 
and requirements pertaining to the mitigation, monitoring and reporting 
of such takings. NMFS has defined ``negligible impact'' in 50 CFR 
216.103 as ``* * * an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals by harassment. 
Section 101(a)(5)(D) of the MMPA 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 small numbers of marine mammals. Within 45 days of the 
close of the public comment period, NMFS must either issue or deny the 
authorization.
    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].

Summary of Request

    NMFS received an application on June 14, 2011, from SIO for the 
taking by harassment, of marine mammals, incidental to conducting a 
low-energy marine seismic survey in the western tropical Pacific Ocean. 
SIO, a part of the University of California San Diego, in collaboration 
with University of Washington (UW), Woods Hole Oceanographic 
Institution (WHOI), Texas A&M University (TAMU), and Kutztown 
University, plans to conduct a magnetic and seismic study of the 
Hawaiian Jurassic crust onboard an oceanographic research vessel in the 
western tropical Pacific Ocean north of the Marshall Islands for 
approximately 32 days. The survey will use a pair of Generator Injector 
(GI) airguns each with a discharge volume of 105 cubic inches (in\3\). 
SIO plans to conduct the survey from approximately November 5 to 
December 17, 2011. The seismic survey will be conducted partly in 
international waters and partly in the Exclusive Economic Zone (EEZ) of 
Wake Island (U.S.), and possibly in the EEZ of the Republic of the 
Marshall Islands. On July 29, 2011, NMFS published a notice in the 
Federal Register (76 FR 45518) making preliminary determinations and 
proposing to issue an IHA. The notice initiated a 30-day public comment 
period.
    SIO plans to use one source vessel, the R/V Thomas G. Thompson 
(Thompson) and a seismic airgun array to collect seismic reflection and 
refraction profiles from the Hawaiian Jurassic crust in the western 
tropical Pacific Ocean. In addition to the operations of the seismic 
airgun array, SIO intends to operate a multibeam echosounder (MBES) and 
a sub-bottom profiler (SBP) continuously throughout the survey.
    Acoustic stimuli (i.e., increased underwater sound) generated 
during the operation of the seismic airgun array may have the potential 
to cause a short-term behavioral disturbance for marine mammals in the 
survey area. This is the principal means of marine mammal taking 
associated with these activities and SIO has requested an authorization 
to take 19 species of marine mammals by Level B harassment. Take is not 
expected to result from the use of the MBES or SBP, for reasons 
discussed in this notice; nor is take expected to result from collision 
with the vessel because it is a single vessel moving at a relatively 
slow speed during seismic acquisition within the survey, for a 
relatively short period of time (approximately 39 days). It is likely 
that any marine mammal would be able to avoid the vessel.

Description of the Specified Activity

    SIO's planned seismic survey in the western tropical Pacific Ocean, 
as part of an integrated magnetic and seismic study of the Hawaiian 
Jurassic crust, will take place for approximately 32 days in November 
to December 2011 (see Figure 1 of the IHA application). The seismic 
survey will take place in water depths ranging from approximately 2,000 
to 6,000 meters (m) (6,561.7 to 19,685 feet [ft]) and consist of 
approximately 1,600 kilometers (km) (863.9 nautical miles [nmi]) of 
transect lines in the study area. The survey will take place in the 
area 13[deg] to 23[deg] North, 158[deg] to 172[deg] East, just north of 
the Marshall Islands. The project is scheduled to occur from 
approximately November 5 to December 17, 2011. Some minor deviation 
from these dates is possible, depending on logistics and weather.
    The goal of the research is to define the global nature and 
significance of variations in intensity and direction of the Earth's 
magnetic field during the Jurassic time period (approximately 145 to 
180 million years ago), which appears to have been a period of 
sustained low intensity and rapid directional changes or polarity 
reversals compared to other periods in Earth's magnetic field history. 
Access to Jurassic-aged crust with good magnetic signals is very 
limited, with the best continuous records in ocean crust, but only one 
area of the ocean floor has been measured to date: The western Pacific 
Japanese magnetic lineations. To properly assess the global 
significance of the variations and to eliminate local crustal and 
tectonic complications, it is necessary to measure Jurassic magnetic 
signals in a different area of the world. The study will attempt to 
verify the unusual behavior of the Jurassic geomagnetic field and test 
whether it was behaving in a globally coherent way by conducting a 
near-bottom marine magnetic field survey of Pacific Hawaiian Jurassic 
crust located between Hawaii and Guam.
    Widespread, younger, Cretaceous-aged (65 to 140 million years ago) 
volcanism overprinted much of the western Pacific, so it is important 
to know the extent of Cretaceous-aged volcanic crust. This will be 
assessed by carrying out a seismic reflection and refraction survey of 
the Hawaiian Jurassic crust. First, the autonomous underwater vehicle 
(AUV) Sentry and a simultaneously deployed deep-towed magnetometer 
system will acquire two parallel profiles of the near-bottom crustal 
magnetic field 10 km (5.4 nmi) apart and approximately 800 km (432 nmi) 
long. More information on the AUV Sentry is available at http://www.whoi.edu/page.do?pid=38098. Second, the seismic survey will be 
conducted using airguns, a hydrophone streamer, and sonobuoys directly 
over the same profile as the AUV magnetic survey.
    The survey will involve one source vessel, the Thompson. For the 
seismic component of the research program, the Thompson will deploy an 
array of two low-energy Sercel Generator Injector

[[Page 68722]]

(GI) airguns as an energy source (each with a discharge volume of 105 
in\3\) at a tow depth of 3 m (9.8 ft). The acoustic receiving system 
will consist of an 800 m (2,624.7 ft), 48 channel hydrophone streamer 
and directional, passive sonobuoys. Over the course of the seismic 
operations, 50 Ultra Electronics AN/SSQ-53D(3) directional, passive 
sonobuoys will be deployed from the vessel. The sonobuoys consist of a 
hydrophone, electronics, and a radio transmitter. As the airgun is 
towed along the survey lines, the hydrophone streamer and sonobuoys 
will receive the returning acoustic signals and transfer the data to 
the on-board processing system. The seismic signal is measured by the 
sonobuoy's hydrophone and transmitted by radio back to the source 
vessel. The sonobuoys are expendable, and after a pre-determined time 
(usually eight hours), they self-scuttle and sink to the ocean bottom.
    The survey lines will be within the area enclosed by red lines in 
Figure 1 of the IHA application, but the exact locations of the survey 
lines will be determined during transit after observing the location of 
the appropriate magnetic lineation by surface-towed magnetometer. 
Magnetic and seismic data acquisition will alternate on a daily basis; 
seismic surveys will take place while the AUV used to collect magnetic 
data is on deck to recharge its batteries. In addition to the 
operations of the airgun array, a Kongsberg EM300 MBES and ODEC Bathy-
2000 SBP will also be operated from the Thompson continuously 
throughout the cruise. There will be additional seismic operations 
associated with equipment testing, start-up, and possible line changes 
or repeat coverage of any areas where initial data quality is sub-
standard. In SIO's calculations, 25% has been added for those 
contingency operations.
    All planned geophysical data acquisition activities will be 
conducted by technicians provided by SIO, with on-board assistance by 
the scientists who have planned the study. The Principal Investigators 
are Drs. Masako Tominaga, Maurice A. Tivey, Daniel Lizarralde of WHOI, 
William W. Sager of TAMU, and Adrienne Oakley of Kutztown University. 
The vessel will be self-contained, and the crew will live aboard the 
vessel for the entire cruise.

Description of the Dates, Duration, and Specified Geographic Region

    The Thompson is expected to depart Honolulu, Hawaii, on November 5, 
2011 and spend approximately 7 days in transit to the survey area, 32 
days alternating between acquiring magnetic and seismic data, and 
approximately 3 days in transit, arriving at Apra Harbor, Guam, on 
December 17, 2011. Seismic operations will be conducted for a total of 
approximately 16 days. Some minor deviation from this schedule is 
possible, depending on logistics and weather. The survey will encompass 
the area approximately 13[deg] to 23[deg] North, approximately 158[deg] 
to 172[deg] East, just north of the Marshall Islands (see Figure 1 of 
the IHA application). Water depths in the survey area generally range 
from approximately 2,000 to 6,000 m (6,561.7 to 19,685 ft); Wake Island 
is included in the survey area. The seismic survey will be conducted 
partly in international waters and partly in the EEZ of Wake Island 
(U.S.), and possibly in the EEZ of the Republic of the Marshall 
Islands.
    NMFS outlined the purpose of the program in a previous notice for 
the proposed IHA (76 FR 45518, July 29, 2011). The activities to be 
conducted have not changed between the proposed IHA notice and this 
final notice announcing the issuance of the IHA. For a more detailed 
description of the authorized action, including vessel and acoustic 
source specifications, the reader should refer to the proposed IHA 
notice (76 FR 45518, July 29, 2011), the IHA application, EA, and 
associated documents referenced above this section.

Comments and Responses

    A notice of proposed IHA for the SIO seismic survey was published 
in the Federal Register on July 29, 2011 (76 FR 45518). During the 30-
day public comment period, NMFS received comments from the Marine 
Mammal Commission (Commission) and approximately 72 private citizens. 
Several of the private citizens' comments were non-substantive and/or 
opposed the issuance of an IHA without providing any specific rationale 
for that position. NMFS, therefore, is not providing a substantive 
response to those comments. The Commission's and private citizens' 
comments are online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Following are their substantive comments and NMFS's 
response:
    Comment 1: The Commission recommends that NMFS require SIO to re-
estimate the proposed exclusion and buffer zones for the two airgun 
array and associated numbers of marine mammal takes using operational 
and site-specific environmental parameters. If the exclusion zones (EZ) 
and buffer zones are not re-estimated for the two airgun array, require 
SIO to provide a detailed justification for basing the EZs and buffer 
zones for the proposed survey in the western tropical Pacific Ocean on 
modeling that relies on measurements from the GOM.
    Response: NMFS is satisfied that the data supplied are sufficient 
for NMFS to conduct its analysis and make any determinations and 
therefore no further effort is needed by the applicant. While exposures 
of marine mammals to acoustic stimuli are difficult to estimate, NMFS 
is confident that the levels of take provided by SIO in their IHA 
application and EA, and authorized herein are estimated based upon the 
best available scientific information and estimation methodology.
    Received sound levels have been modeled by L-DEO for a number of 
airgun configurations, including two 105 in\3\ (210 in\3\ total volume) 
GI airguns, in relation to distance and direction from the airguns (see 
Figure 2 of the IHA application). 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 source where 
sound levels are predicted to be 190, 180, and 160 dB re 1 [micro]Pa 
(rms) in deep water were determined (see Table 3 below).
    Empirical data concerning the 190, 180, and 160 dB (rms) distances 
were acquired for various airgun arrays based on measurements during 
the acoustic verification studies conducted by L-DEO in the northern 
GOM in 2003 (Tolstoy et al., 2004) and 2007 to 2008 (Tolstoy et al., 
2009). Results of the 36 airgun array are not relevant for the two GI 
airguns to be used in the survey. The empirical data for the 6, 10, 12, 
and 20 airgun arrays indicate that, for deep water, the L-DEO model 
tends to overestimate the received sound levels at a given distance 
(Tolstoy et al., 2004). Measurements were not made for the two GI 
airgun array in deep water, however, SIO proposes to use the EZ 
predicted by L-DEO's model for the GI airgun operations in deep water, 
although they are likely conservative given the empirical results for 
the other arrays.
    NMFS is confident in the peer-reviewed results of L-DEO's seismic 
calibration studies, which although viewed as conservative, were used 
to determine the sound radii for the mitigation airgun for this cruise 
and which factor into exposure estimates. NMFS had determined that 
these reviews are the best scientific data available for review of the 
IHA application and to support the necessary analyses and 
determinations under the MMPA, Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.), and NEPA. Further, the 160 dB (i.e., buffer)

[[Page 68723]]

zone used to estimate exposure is appropriate and sufficient for 
purposes of supporting NMFS's analysis and determinations required 
under section 101(a)(5)(D) of the MMPA and its implementing 
regulations.
    Although, the L-DEO model does not account for site-specific 
environmental conditions, sound propagation varies notably less between 
deep water sites than it would between shallow water sites (because of 
the reduced significance of bottom interaction), thus decreasing the 
importance of deep water site-specific estimates, such as in this 
seismic survey. Further, the calibration study of the L-DEO model 
predicted that using site-specific information may actually provide 
less conservative EZs at greater distances. At this point in time, the 
alternative method of conducing site-specific attenuation measurements 
in the water depths that the survey is to be conducted is neither 
warranted nor practical for the applicant, both logistically and 
financially. Should the applicant endeavor to undertake a sound source 
verification study in the future, confidence in the results is 
necessary to ensure that appropriate monitoring and mitigation measures 
are implemented; therefore inappropriate or poorly executed efforts 
should be avoided and discouraged.
    Based on NMFS's analysis of the likely effects of the specified 
activity on marine mammals and their habitat, NMFS has determined that 
the EZs identified in the IHA are appropriate for the survey and that 
additional field measurement is not necessary at this time. While 
exposures of marine mammals to acoustic stimuli are difficult to 
estimate, NMFS is confident that the levels of take authorized herein 
are estimated based upon the best available scientific information and 
estimation methodology. The 160 dB zone used to estimate exposure is 
appropriate and sufficient for purposes of supporting NMFS's analysis 
and determinations required under section 101(a)(5)(D) of the MMPA and 
its implementing regulations. The IHA issued to SIO provides monitoring 
and mitigation requirements to protect marine mammals from injury 
(Level A harassment), serious injury, or mortality. SIO is required to 
comply with the IHA's requirements.
    Comment 2: The Commission recommends that NMFS require SIO to use 
operational and site-specific environmental parameters to estimate the 
EZ, buffer zone, and number of marine mammal takes associated with use 
of the SBP and to incorporate those EZ and buffer zones into the same 
type of mitigation and monitoring measures for the SBP as are proposed 
for the two airgun array.
    Response: The notice of the proposed IHA included a discussion of 
the acoustic source specifications and the potential effect of the MBES 
and SBP. The MBES and SBP have anticipated radii of influence 
significantly less than that for the airgun array. The 160 dB (rms) and 
180 dB (rms) isopleths of the MBES and SBP are very small and the 
acoustic beams are very narrow, making the duration of the exposure and 
the potential for taking marine mammals by Level B harassment small to 
non-existent. NMFS believes that it is unlikely that marine mammals 
would be affected by SBP signals whether operating alone or in 
conjunction with other acoustic devices, since the animals would need 
to swim adjacent to the vessel or directly under the vessel. Therefore, 
operation of the SBP does not warrant take requests, or consultation, 
under the MMPA. SIO will already be monitoring and mitigating the EZ 
for the two airgun array which would encompass the small EZ for the 
SBP, therefore it is not logical to use sparse agency resources to 
perform additional, unwarranted modeling.
    Comment 3: The Commission recommends that NMFS condition the IHA to 
prohibit a 15 min pause and require a longer pause before ramping-up 
after a power-down or shut-down of the airguns, based on the presence 
of a mysticete or large odontocete in the EZ and the Thompson's 
movement (speed and direction).
    Response: Although power-down procedures are often standard 
operating practice for seismic surveys, power-downs from two airguns to 
one airgun will not be implemented as a mitigation measure for this 
particular seismic survey, as it will only make a small difference in 
the 180 or 190 dB (rms) radius--probably not enough to allow continued 
single airgun operations if a marine mammal came within the EZ for two 
airguns.
    During periods of active seismic operations, there are occasions 
when the airguns need to be temporarily shut-down (for example due to 
equipment failure, maintenance, or shut-down). In these instances, 
should the airguns be inactive for more than 15 min, then SIO would 
follow the ramp-up procedures identified in the ``Mitigation'' section 
of this document (see below) and IHA where airguns will be re-started 
beginning with a single GI airgun (105 in\3\) and the second GI airgun 
(105 in\3\) will be added after five min. The extended period of 15 min 
before ramping-up after a shut-down of the airguns is operationally 
motivated. Protected Species Observers (PSOs) are primarily concerned 
with marine mammals entering the EZs. However, their visual 
observations go to the horizon or as far as they can practically watch. 
The horizon is approximately 6 nmi at the height of the PSOs watch 
station. The planned survey speed for the cruise is 5 knots; the ship 
would move 2.3 km (1.25 nmi) in 15 min, or roughly \1/5\ the distance 
to the horizon. An alert PSO should be able to say with a reasonable 
degree of confidence whether a marine mammal would be encountered 
within this distance. Thus, a routine ramp-up within 15 min and with 
the PSO on watch should pose little risk to marine mammals.
    Operationally, it would take 15 min or longer to locate the second 
PSO and get him or her into position on the ship's deck to monitor for 
the initial ramp-up procedure or 30 min of observation by two PSOs 
prior to energizing the sound source; thus, the use of an extended 
shut-down period of 15 min before requiring an initial ramp-up 
procedure.
    Comment 4: The Commission recommends that NMFS extend the 30 min 
monitoring period following a marine mammal sighting in the EZ to cover 
the full dive times of all species likely to be encountered.
    Response: NMFS recognizes that several species of deep-diving 
cetaceans are capable of remaining underwater for more than 30 min 
(e.g., sperm whales, Cuvier's beaked whales, Longman's beaked whales, 
Blainville's beaked whales, and Ginkgo-toothed beaked whales); however, 
for the following reasons NMFS believes that 30 min is an adequate 
length for the monitoring period prior to the ramp-up of airguns:
    (1) Because the Thompson is required to monitor before ramp-up of 
the airgun array, the time of monitoring prior to the start-up of the 
two GI airgun array is effectively longer than 30 min (ramp-up will 
begin with one airgun and the second airgun will be added five min 
later);
    (2) In many cases PSOs are observing during times when SIO is not 
operating the seismic airguns and would observe the area prior to the 
30-min observation period;
    (3) The majority of the species that may be exposed do not stay 
underwater more than 30 min; and
    (4) All else being equal and if deep-diving individuals happened to 
be in the area in the short time immediately prior to the pre-ramp-up 
monitoring, if an animal's maximum underwater dive time is 45 min, then 
there is only a one in three chance that the last random surfacing 
would occur prior to the beginning of the required 30 min

[[Page 68724]]

monitoring period and that the animal would not be seen during that 30 
min period.
    Finally, seismic vessels are moving continuously (because of the 
long, towed array and streamer) and NMFS believes that unless the 
animal submerges and follows at the speed of the vessel (highly 
unlikely, especially when considering that a significant part of their 
movement is vertical [deep-diving]), the vessel will be far beyond the 
length of the EZ within 30 min, and therefore it will be safe to start 
the airguns again.
    The effectiveness of monitoring is science-based, and monitoring 
and mitigation measures must be ``practicable.'' NMFS believes that the 
framework for visual monitoring will: (1) Be effective at spotting 
almost all species for which take is requested; and (2) that imposing 
additional requirements, such as those suggested by the Commission, 
would not meaningfully increase the effectiveness of observing marine 
mammals approaching or entering the EZs and thus further minimize the 
potential for take.
    Comment 5: The Commission recommends that NMFS condition the IHA to 
require SIO to monitor, document, and report observations during all 
ramp-up procedures.
    Response: The IHA requires that PSOs on the Thompson make 
observations for 30 min prior to ramp-up, during all ramp-ups, and 
during all daytime seismic operations and record the following 
information when a marine mammal is sighted:
    (i) Species, group size, age/size/sex categories (if determinable), 
behavior when first sighted and after initial sighting, heading (if 
consistent), bearing and distance from the seismic vessel, sighting 
cue, apparent reaction of the airguns or vessel (e.g., none, avoidance, 
approach, paralleling, etc., and including responses to ramp-up), and 
behavioral pace; and
    (ii) Time, location, heading, speed, activity of the vessel 
(including number of airguns operating and whether in state of ramp-up 
or shut-down), Beaufort wind force and sea state, visibility, and sun 
glare.
    Comment 6: The Commission recommends that NMFS work with NSF to 
analyze data on ramp-up procedures to help determine the effectiveness 
of those procedures as a mitigation measure for geophysical surveys 
after the data are compiled and quality control measures have been 
completed.
    Response: One of the primary purposes of monitoring is to result in 
``increased knowledge of the species'' and the effectiveness of 
required monitoring and mitigation measures; the effectiveness of ramp-
up as a mitigation measure and marine mammal reaction to ramp-up would 
be useful information in this regard. NMFS has asked NSF and SIO to 
gather all data that could potentially provide information regarding 
the effectiveness of ramp-up as a mitigation measures. However, 
considering the low numbers of marine mammal sightings and low numbers 
of ramp-ups, it is unlikely that the information will result in any 
statistically robust conclusions for this particular seismic survey. 
Over the long term, these requirements may provide information 
regarding the effectiveness of ramp-up as a mitigation measure, 
provided animals are detected during ramp-up.
    Comment 7: Numerous private citizens state that NMFS's proposed IHA 
for the take, by Level B harassment, of 19 species of marine mammals 
incidental to SIO's low-energy seismic survey in the western tropical 
Pacific Ocean is extremely negligent and disturbing considering today's 
knowledge about the impact sound has on ocean inhabitants, and 
particularly marine mammals like whales and dolphins. One private 
citizen interested in marine mammal and seismic issues stated many of 
the potential threats and impacts (i.e., avoidance, fleeing important 
habitat, stress, shifts in migration routes, other forms of behavioral 
responses, and physical damage) from seismic exploration (for 
scientific research or oil and gas purposes) to marine mammals as well 
as to cephalopods, crustaceans, sea turtles, and fishing. The private 
citizen also noted the lack of knowledge and difficulties in studying 
the biology of marine mammals and estimating the impacts of noise on 
these animals.
    Last year, NMFS issued Letters of Authorization (LOAs) to the U.S. 
Navy for the incidental take of millions of marine mammals. Since these 
LOAs were issued, multiple stranding incidents of marine mammals have 
occurred along U.S. coastlines due to explosives, sonar, and now this 
seismic survey. There have been other incidents in this area that have 
not been made public and others that are undocumented.
    In addition to this specified activity, the cetaceans of the 
western tropical Pacific Ocean are impacted from explosives, sonar, 
pollution, fishing nets and trawls, ship collisions, noise produced by 
ships, and other scientific and military activities. Whales and 
dolphins, many species which are already endangered, are essential to 
the oceans biodiversity, health, and safety. Also, sound pollution 
should start being reduced as it contaminates the ocean and interferes 
with the ability of sea creatures to persist. Leading scientific 
research institutions, such as SIO, should be aware of information 
regarding the current and increasing anthropogenic impacts upon ocean 
ecosystems. The private citizens oppose the issuance of an IHA to SIO 
for conducting a low-energy marine seismic survey in the western 
tropical Pacific Ocean. One private citizen states that NOAA must 
prevent by denial, all applications that cause intrusive sound waves 
into an already confusing and damaging array of anthropogenic created 
wave forms.
    Response: As noted above, the purpose of the seismic survey is to 
support research activities to define the global nature and 
significance of variations in intensity and direction of the Earth's 
magnetic field during the Jurassic time period (approximately 145 to 
180 million years ago), which appears to have been a period of 
sustained low intensity and rapid directional changes or polarity 
reversals compared to other period in Earth's magnetic field history. 
SIO's seismic survey is neither oil and gas-related exploration nor a 
military readiness activity.
    Although several commenter's cited many of the potential negative 
aspects of the introduction of anthropogenic sound in the marine 
environment, specific issues related to the content of this IHA request 
were not necessarily made and therefore proves challenging for NMFS to 
provide a response. The notice of the proposed IHA (76 FR 45518, July 
29, 2011) 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. Also, NMFS included a detailed discussion of the 
potential effects of this action on marine mammal habitat, including 
physiological and behavioral effects on marine fish, fisheries, and 
invertebrates. While NMFS anticipates that the specified activity may 
result in marine mammals avoiding certain areas due to temporary 
ensonification, this impact to habitat is temporary and reversible 
which NMFS considered in further detail in the notice of the proposed 
IHA (76 FR 45518, July 29, 2011) as behavioral modification. The main 
impact associated with the activity would be temporarily elevated noise 
levels and the associated direct effects on marine mammals. NMFS refers 
the reader to SIO's application and EA for additional information on

[[Page 68725]]

the potential behavioral reactions (or lack thereof) by all types of 
marine mammals to seismic research activities.
    The U.S. Navy's training operations are considered military 
readiness activities. The National Defense Authorization Act of 2004 
(NDAA) (Pub. L. 108-36) modified the MMPA by removing the ``small 
numbers'' and ``specified geographic region'' limitations and amended 
the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' NMFS is unaware of marine mammal strandings along 
U.S. coastlines since these LOAs were issued that have been directly 
associated with to the U.S. Navy's use of sonar or from seismic airguns 
operated by academic institutions. NMFS's Marine Mammal Health and 
Stranding Response Program responds to marine mammals that have 
stranded along the U.S. coastline and assesses trends in marine mammal 
health and how these trends correlate with environmental data.
    To meet NEPA requirements, NSF prepared an ``Environmental 
Assessment Pursuant to the National Environmental Policy Act, 42 U.S.C. 
4321, et seq. and Executive Order 12114, Marine Geophysical Survey by 
the R/V Thompson in the western tropical Pacific Ocean, November-
December 2011,'' which incorporated an ``Environmental Assessment of a 
Low-Energy marine Geophysical Survey by the R/V Thompson in the Western 
Tropical Pacific Ocean, November-December 2011,'' prepared by LGL, 
which included an analysis on the cumulative impacts on the environment 
that result from a combination of past, existing, and reasonably 
foreseeable projects and human activities. Human activities in and near 
the survey area include commercial vessel traffic (including collisions 
with vessels and vessel noise), U.S. military training exercises, 
commercial fishing (entanglement in fishing gear), and coastal 
development associated with military requirements.
    Generally, under the MMPA, NMFS shall authorize the harassment of 
small numbers of marine mammals incidental to an otherwise lawful 
activity, provided NMFS finds that the taking will have a negligible 
impact on the species or stock, will not have an unmitigable adverse 
impact on the availability of the species or stock 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 to achieve the least practicable adverse 
impact. SIO has applied for an IHA and has met the necessary 
requirements for issuance of an IHA for small numbers of marine 
mammals, by Level B harassment, incidental to the low-energy marine 
seismic survey in the western tropical Pacific Ocean.
    No injuries, serious injuries, or mortalities are anticipated to 
occur as a result of SIO's planned low-energy marine seismic survey in 
the western tropical Pacific Ocean, and none are authorized by NMFS in 
IHA issued to SIO. Only short-term, behavioral disturbance is 
anticipated to occur due to the brief and sporadic duration of the 
survey activities. NMFS has determined, provided that the mitigation 
and monitoring measures described below are implemented, that the 
impact of conducting a marine seismic survey in the western tropical 
Pacific Ocean, November to December, 2011, may result, at worst, in a 
temporary modification in behavior and/or low-level physiological 
effects (Level B harassment) of small numbers of certain species of 
marine mammals.
    Based on the analysis contained in the IHA application, notice of 
the proposed IHA (76 FR 45518, July 29, 2011), and this document, of 
the likely effects of the specified activity on marine mammals and 
their habitat, which is based on the best scientific information 
available, and taking into consideration the implementation of the 
mitigation and monitoring measures, NMFS finds that SIO's planned 
research activities, will result in the incidental take of small 
numbers of marine mammals, by Level B harassment only, and that the 
total taking from the marine seismic survey will have a negligible 
impact on the affected species or stocks of marine mammals; and that 
impacts to affected species or stocks of marine mammals have been 
mitigated to the lowest level practicable. Therefore, NMFS shall issue 
the IHA to SIO.

Description of the Marine Mammals in the Area of the Specified Activity

    Twenty-six marine mammal species (19 odontocetes, 6 mysticetes, and 
one pinniped) are known to or could occur in the Marshall Islands 
Marine Eco-region (MIME) study area. Several of these species are 
listed as endangered under the U.S. Endangered Species Act of 1973 
(ESA; 16 U.S.C. 1531 et seq.), including the humpback (Megaptera 
novaeangliae), sei (Balaenoptera borealis), fin (Balaenoptera 
physalus), blue (Balaenoptera musculus), and sperm (Physeter 
macrocephalus) whales, as well as the Hawaiian monk seal (Monachus 
schauinslandi). The North Pacific right whale (Eubalaena japonica), 
listed as endangered under the ESA, was historically distributed 
throughout the North Pacific Ocean north of 35[deg] North and 
occasionally occurred as far south as 20[deg] North. Whaling records 
indicate that the MIME was not part of its range (Townsend, 1935).
    The dugong (Dugong dugon), also listed as endangered under the ESA, 
is distributed in shallow coastal waters throughout most of the Indo-
Pacific region between approximately 27[deg] North and South of the 
equator (Marsh, 2008). Its historical range extended to the Marshall 
Islands (Nair et al., 1975). However, the dugong is declining or 
extinct in at least one third of its range and no longer occurs in the 
MIME (Marsh, 2008). The dugong is managed by the U.S. Fish and Wildlife 
Service (USFWS) and is not considered further in this analysis; all 
others are managed by NMFS.
    The marine mammals that occur in the survey area belong to three 
taxonomic groups: Odontocetes (toothed cetaceans, such as dolphins), 
mysticetes (baleen whales), and pinnipeds (seals, sea lions, and 
walrus). Cetaceans are the subject of the IHA application to NMFS.
    Table 1 (below) presents information on the abundance, 
distribution, population status, conservation status, and density of 
the marine mammals that may occur in the survey area during November to 
December 2011.

  Table 1--The Habitat, Regional Abundance, and Conservation Status of Marine Mammals That May Occur in or Near the Seismic Survey Area in the Western
                                                                 Tropical Pacific Ocean
                                          [See text and Tables 2 to 3 in SIO's application for further details]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        Density (/1,000 km\2\)
             Species                     Habitat         Regional abundance            ESA \1\                      MMPA \2\           CNMI, Hawaii, and
                                                                \4\                                                                         mean \3\
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mysticetes:

[[Page 68726]]

 
    Humpback whale (Megaptera      Mainly nearshore,    20,800 \5\.........  EN                           D                                            0
     novaeangliae).                 banks.                                                                                                             0
                                                                                                                                                       0
    Minke whale (Balaenoptera      Pelagic and coastal  25,000 \6\.........  NL                           NC                                           0
     acutorostrata).                                                                                                                                   0
                                                                                                                                                       0
    Bryde's whale (Balaenoptera    Pelagic and coastal  20,000 to 30,000...  NL                           NC                                        0.41
     edeni).                                                                                                                                        0.21
                                                                                                                                                     0.3
    Sei whale (Balaenoptera        Primarily offshore,  7,260 to 12,620 \9\  EN                           D                                         0.29
     borealis).                     pelagic.                                                                                                           0
                                                                                                                                                    0.13
    Fin whale (Balaenoptera        Continental slope,   13,620 to 18,680     EN                           D                                            0
     physalus).                     pelagic.             \9\.                                                                                          0
                                                                                                                                                       0
    Blue whale (Balaneoptera       Pelagic, shelf,      NA.................  EN                           D                                            0
     musculus).                     coastal.                                                                                                           0
                                                                                                                                                       0
Odontocetes:
    Sperm whale (Physeter          Pelagic, deep sea..  29,674 \10\........  EN                           D                                         1.23
     macrocephalus).                                                                                                                                3.03
                                                                                                                                                    2.22
    Pygmy sperm whale (Kogia       Deep waters off the  NA.................  NL                           NC                                           0
     breviceps).                    shelf.                                                                                                          3.19
                                                                                                                                                    1.76
    Dwarf sperm whale (Kogia       Deep waters off the  11,200.............  NL                           NC                                           0
     sima).                         shelf.                                                                                                          7.82
                                                                                                                                                    4.30
    Cuvier's beaked whale          Pelagic............  20,000.............  NL                           NC                                           0
     (Ziphius cavirostris).                                                                                                                         6.80
                                                                                                                                                    3.74
    Longman's beaked whale         Deep water.........  NA.................  NL                           NC                                           0
     (Indopacetus pacificus).                                                                                                                       0.45
                                                                                                                                                    0.25
    Blainville's beaked whale      Pelagic............  25,300 \11\........  NL                           NC                                           0
     (Mesoplodon densirostris).                                                                                                                     1.28
                                                                                                                                                     0.7
    Ginkgo-toothed beaked whale    Pelagic............  NA.................  NL                           NC                                           0
     (Mesoplodon ginkgodens).                                                                                                                          0
                                                                                                                                                       0
    Rough-toothed dolphin (Steno   Deep water.........  146,000............  NL                           NC                                        0.29
     bredanensis).                                                                                                                                  3.12
                                                                                                                                                    1.85
    Bottlenose dolphin (Tursiops   Coastal, oceanic,    243,500............  NL                           NC                                        0.21
     truncatus).                    shelf break.                                                          D--Western                                1.23
                                                                                                          North Atlantic coastal                    0.77
    Pantropical spotted dolphin    Coastal and pelagic  800,000 \12\.......  NL                           NC                                        22.6
     (Stenella attenuata).                                                                                D                                         2.10
                                                                                                          (Northeastern offshore)                  11.32
    Spinner dolphin (Stenella      Coastal and pelagic  800,000 \13\.......  NL                           NC                                        3.14
     longirostris).                                                                                       D--Eastern                                0.83
                                                                                                                                                    1.87
    Striped dolphin (Stenella      Off continental      1,000,000 \14\.....  NL                           NC                                        6.16
     coeruleoalba).                 shelf.                                                                                                          5.57
                                                                                                                                                    5.84
    Fraser's dolphin               Deep water.........  289,000............  NL                           NC                                           0
     (Lagenodelphis hosei).                                                                                                                         4.57
                                                                                                                                                    2.51
    Risso's dolphin (Grampus       Deep water,          175,000............  NL                           NC                                           0
     griseus).                      seamounts.                                                                                                      0.83
                                                                                                                                                    0.46
    Melon-headed whale             Oceanic............  45,000.............  NL                           NC                                        4.28
     (Peponocephala electra).                                                                                                                       1.32
                                                                                                                                                    2.67
    Pygmy killer whale (Feresa     Deep, pantropical    39,000.............  NL                           NC                                        0.14
     attenuata).                    waters.                                                                                                            0
                                                                                                                                                    0.06
    False killer whale (Pseudorca  Pelagic............  40,000.............  NL                           NC                                        1.11
     crassidens).                                                            Proposed EN--insular                                                   0.11
                                                                              Hawaiian                                                              0.57
    Killer whale (Orcinus orca)..  Pelagic, shelf,      8,500..............  NL                           NC                                           0
                                    coastal.                                 EN--Southern resident)       D--Southern resident, AT1                 0.16
                                                                                                           transient                                0.09

[[Page 68727]]

 
    Short-finned pilot whale       Pelagic, shelf       500,000 \14\.......  NL                           NC                                        1.59
     (Globicephala macrorhynchus).  coastal.                                                                                                        2.54
                                                                                                                                                    2.11
Pinnipeds:
    Hawaiian monk seal (Monachus   Coastal and pelagic  1,129 \15\.........  EN                           D                                           NA
     schauinslandi).
--------------------------------------------------------------------------------------------------------------------------------------------------------
N.A. Not available or not assessed.
\1\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL = Not listed.
\2\ U.S. Marine Mammal Protection Act: D = Depleted, NC = Not Classified.
\3\ CNMI, Hawaii, and mean density estimates as listed in Table 3 of the application.
\4\ Eastern Tropical Pacific in 1986 to 1990 (Wade and Gerrodette, 1993) unless otherwise indicated.
\5\ North Pacific (Barlow et al., 2009).
\6\ Northwest Pacific and Okhotsk Sea (IWC, 2007a).
\7\ North Pacific (Jefferson et al., 2008).
\8\ North Pacific (Tillman, 1977).
\9\ North Pacific (Ohsumi and Wada, 1974).
\10\ Western North Pacific (Whitehead, 2002a).
\11\ Eastern Tropical Pacific (ETP); all Mesoplodon spp. (Wade and Gerrodette, 1993).
\12\ Western/Southern Offshore Stock in ETP in 2000 (Jefferson et al., 2008).
\13\ ETP in 2000 (Jefferson et al., 2008).
\14\ ETP (Jefferson et al., 2008).
\15\ Entire species (Caretta et al., 2010).

    Refer to section III and IV of SIO's application for detailed 
information regarding the abundance and distribution, population 
status, and life history and behavior of these species and their 
occurrence in the project area. The application also presents how SIO 
calculated the estimated densities for the marine mammals in the survey 
area. NMFS has reviewed these data and determined them to be the best 
available scientific information for the purposes of the IHA.

Potential Effects on Marine Mammals

    Acoustic stimuli generated by the operation of the airguns, which 
introduce sound into the marine environment, may have the potential to 
cause Level B harassment of marine mammals in the survey area. The 
effects of sounds from airgun operations might include one or more of 
the following: Tolerance, masking of natural sounds, behavioral 
disturbance, temporary or permanent hearing impairment, or non-auditory 
physical or physiological effects (Richardson et al., 1995; Gordon et 
al., 2004; Nowacek et al., 2007; Southall et al., 2007).
    Permanent hearing impairment, in the unlikely event that it 
occurred, would constitute injury, but temporary threshold shift (TTS) 
is not an injury (Southall et al., 2007). Although the possibility 
cannot be entirely excluded, it is unlikely that the project would 
result in any cases of temporary or permanent hearing impairment, or 
any significant non-auditory physical or physiological effects. Based 
on the available data and studies, some behavioral disturbance is 
expected, but NMFS expects the disturbance to be localized and short-
term.
    The notice of the proposed IHA (76 FR 45518, July 29, 2011) 
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. NMFS refers the reader to SIO's application and EA 
for additional information on the behavioral reactions (or lack 
thereof) by all types of marine mammals to seismic vessels.

Anticipated Effects on Marine Mammal Habitat, Fish, Fisheries, and 
Invertebrates

    NMFS included a detailed discussion of the potential effects of 
this action on marine mammal habitat, including physiological and 
behavioral effects on marine fish, fisheries, and invertebrates in the 
notice of the proposed IHA (76 FR 45518, July 29, 2011). While NMFS 
anticipates that the specified activity may result in marine mammals 
avoiding certain areas due to temporary ensonification, this impact to 
habitat is temporary and reversible which NMFS considered in further 
detail in the notice of the proposed IHA (76 FR 45518, July 29, 2011) 
as behavioral modification. The main impact associated with the 
activity would be temporarily elevated noise levels and the associated 
direct effects on marine mammals.
    Recent work by Andre et al. (2011) purports to present the first 
morphological and ultrastructural evidence of massive acoustic trauma 
(i.e., permanent and substantial alterations of statocyst sensory hair 
cells) in four cephalopod species subjected to low-frequency sound. The 
cephalopods, primarily cuttlefish, were exposed to continuous 40 to 400 
Hz sinusoidal wave sweeps (100% duty cycle and 1 s sweep period) for 
two hours while captive in relatively small tanks (one 2,000 liter [L, 
2 m\3\] and one 200 L [0.2 m\3\] tank). The received SPL was reported 
as 157  5 dB re 1 [mu]Pa, with peak levels at 175 dB re 1 
[mu]Pa. As in the McCauley et al. (2003) paper on sensory hair cell 
damage in pink snapper as a result of exposure to seismic sound, the 
cephalopods were subjected to higher sound levels than they would be 
under natural conditions, and they were unable to swim away from the 
sound source.

Mitigation

    In order to issue an ITA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and the 
availability of such species or stock for taking for subsistence uses.
    SIO has based the mitigation measures described herein, to be 
implemented for the seismic survey, on the following:
    (1) Protocols used during previous SIO seismic research cruises as 
approved by NMFS;

[[Page 68728]]

    (2) Previous IHA applications and IHAs approved and authorized by 
NMFS; and
    (3) Recommended best practices in Richardson et al. (1995), Pierson 
et al. (1998), and Weir and Dolman, (2007).
    To reduce the potential for disturbance from acoustic stimuli 
associated with the activities, SIO and/or its designees shall 
implement the following mitigation measures for marine mammals:
    (1) Exclusion zones;
    (2) Speed or course alteration;
    (3) Shut-down procedures; and
    (4) Ramp-up procedures.
    Exclusion Zones--Received sound levels have been modeled by L-DEO 
for a number of airgun configurations, including two 105 in\3\ GI 
airguns, in relation to distance and direction from the airguns (see 
Figure 2 of the IHA application). 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 source where 
sound levels are predicted to be 190, 180, and 160 dB re 1 [mu]Pa (rms) 
in deep water were determined (see Table 2 below).
    Empirical data concerning the 190, 180, and 160 dB (rms) distances 
were acquired for various airgun arrays based on measurements during 
the acoustic verification studies conducted by L-DEO in the northern 
GOM in 2003 (Tolstoy et al., 2004) and 2007 to 2008 (Tolstoy et al., 
2009). Results of the 36 airgun array are not relevant for the two GI 
airguns to be used in the survey. The empirical data for the 6, 10, 12, 
and 20 airgun arrays indicate that, for deep water, the L-DEO model 
tends to overestimate the received sound levels at a given distance 
(Tolstoy et al., 2004). Measurements were not made for the two GI 
airgun array in deep water, however, SIO proposes to use the EZ 
predicted by L-DEO's model for the GI airgun operations in deep water, 
although they are likely conservative give the empirical results for 
the other arrays.
    The 180 and 190 dB radii are shut-down criteria applicable to 
cetaceans and pinnipeds, respectively, as specified by NMFS (2000); 
these levels were used to establish the EZs. If the PSO detects marine 
mammal(s) within or about to enter the appropriate EZ, the airguns will 
be shut-down, immediately.
    Table 2 summarizes the predicted distances at which sound levels 
(160, 180, and 190 dB [rms]) are expected to be received from the two 
GI airgun array operating in deep water depths. Table 2. Distances to 
which sound levels >= 190, 180, and 160 dB re 1 [mu]Pa (rms) could be 
received in deep water during the seismic survey in the western 
tropical Pacific Ocean, November to December, 2011. Distances are based 
on model results provided by L-DEO.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Predicted RMS radii distances (m)
              Source and volume                 Tow depth  (m)          Water depth  (m)        --------------------------------------------------------
                                                                                                       190 dB             180 dB             160 dB
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two GI airguns (105 in\3\)..................                 3   Deep (>= 1,000)...............                20                 70                670
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Speed or Course Alteration--If a marine mammal is detected outside 
the EZ and, based on its position and the relative motion, is likely to 
enter the EZ, the vessel's speed and/or direct course could be changed. 
This would be done if operationally practicable while minimizing the 
effect on the planned science objectives. The activities and movements 
of the marine mammal (relative to the seismic vessel) will then be 
closely monitored to determine whether the animal is approaching the 
applicable EZ. If the animal appears likely to enter the EZ, further 
mitigative actions will be taken, i.e., either further course 
alterations or a shut-down of the seismic source. Typically, during 
seismic operations, the source vessel is unable to change speed or 
course and one or more alternative mitigation measures will need to be 
implemented.
    Shut-down Procedures--If a marine mammal is seen outside the EZ for 
the airgun(s), and if the vessel's speed and/or course cannot be 
changed to avoid having the animal enter the EZ, the seismic source 
will be shut-down before the animal is within the EZ. If a marine 
mammal is already within the EZ when first detected, the seismic source 
will be shut-down immediately.
    Following a shut-down, SIO will not resume airgun activity until 
the marine mammal has cleared the EZ. SIO will consider the animal to 
have cleared the EZ if:
     A PSO has visually observed the animal leave the EZ, or
     A PSO has not sighted the animal within the EZ for 15 min 
for species with shorter dive durations (i.e., small odontocetes or 
pinnipeds), or 30 min for species with longer dive durations (i.e., 
mysticetes and large odontocetes, including sperm, killer, and beaked 
whales).
    Ramp-up Procedures--SIO will follow a ramp-up procedure when the 
airgun array begins operating after a specified period without airgun 
operations or when a shut-down has exceeded that period. SIO proposes 
that, for the present cruise, this period would be approximately 15 
min. SIO has used similar periods (approximately 15 min) during 
previous SIO surveys.
    Ramp-up will begin with a single GI airgun (105 in\3\). The second 
GI airgun (105 in\3\) will be added after five min. During ramp-up, the 
Protected Species Observers (PSOs) will monitor the EZ, and if marine 
mammals are sighted, SIO will implement a shut-down as though both GI 
airguns were operational.
    If the complete EZ has not been visible for at least 30 min prior 
to the start of operations in either daylight or nighttime, SIO will 
not commence the ramp-up. If one airgun has operated, ramp-up to full 
power will be permissible at night or in poor visibility, on the 
assumption that marine mammals will be alerted to the approaching 
seismic vessel by the sounds from the single airgun and could move away 
if they choose. A ramp-up from a shut-down may occur at night, but only 
where the EZ is small enough to be visible. SIO will not initiate a 
ramp-up of the airguns if a marine mammal is sighted within or near the 
applicable EZs during the day or close to the vessel at night.
    NMFS has carefully evaluated the applicant's mitigation measures 
and has considered a range of other measures in the context of ensuring 
that NMFS prescribes the means of effecting the least practicable 
impact on the affected marine mammal species and stocks and their 
habitat. NMFS's evaluation of potential measures included consideration 
of the following factors in relation to one another:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure is expected to minimize adverse impacts 
to marine mammals;
    (2) The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    (3) The practicability of the measure for applicant implementation.
    Based on NMFS's evaluation of the applicant's measures, as well as 
other

[[Page 68729]]

measures considered by NMFS or recommended by the public, NMFS has 
determined that the mitigation measures provide the means of effecting 
the least practicable impacts on marine mammal species or stocks and 
their habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance.

Monitoring and Reporting

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the action area.

Monitoring

    SIO will sponsor marine mammal monitoring during the present 
project, in order to implement the mitigation measures that require 
real-time monitoring, and to satisfy the monitoring requirements of the 
IHA. SIO's ``Monitoring Plan'' is described below this section. The 
monitoring work described here has been planned as a self-contained 
project independent of any other related monitoring projects that may 
be occurring simultaneously in the same regions. SIO is prepared to 
discuss coordination of its monitoring program with any related work 
that might be done by other groups insofar as this is practical and 
desirable.

Vessel-Based Visual Monitoring

    SIO's PSOs will be based aboard the seismic source vessel and will 
watch for marine mammals near the vessel during daytime airgun 
operations and during any ramp-ups at night. PSOs will also watch for 
marine mammals near the seismic vessel for at least 30 min prior to the 
ramp-up of airgun operations after an extended shut-down (i.e., greater 
than approximately 15 min for this cruise). When feasible, PSOs will 
conduct observations during daytime periods when the seismic system is 
not operating for comparison of sighting rates and behavior with and 
without airgun operations and between acquisition periods. Based on PSO 
observations, the airguns will be shut-down when marine mammals are 
observed within or about to enter a designated EZ. The EZ is a region 
in which a possibility exists of adverse effects on animal hearing or 
other physical effects.
    During seismic operations in the western tropical Pacific Ocean, at 
least three PSOs will be based aboard the Thompson. SIO will appoint 
the PSOs with NMFS's concurrence. At least one PSO will monitor the EZs 
during seismic operations. Observations will take place during ongoing 
daytime operations and nighttime ramp-ups of the airguns. PSO(s) will 
be on duty in shifts of duration no longer than 4 hr. 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 give the PSO a good 
view around the entire vessel (i.e., 310[deg] for one PSO and a full 
360[deg] when two PSOs are stationed at different vantage points). A 
second observation site is the 03 deck where the PSOs eye level will be 
10.8 m (35.4 ft) above sea level. The 03 deck offers a view of 330[deg] 
for the two PSOs.
    During daytime, the PSOs will scan the area around the vessel 
systematically with reticle binoculars (e.g., 7 x 50 Fujinon), Big-eye 
binoculars (25 x 150), optical range finders and with the naked eye. 
During darkness, night vision devices (NVDs) will be available, when 
required. The PSOs will be in wireless communication with the vessel's 
officers on the bridge and scientists in the vessel's operations 
laboratory, so they can advise promptly of the need for avoidance 
maneuvers or seismic source shut-down. When marine mammals are detected 
within or about to enter the designated EZ, the airguns will 
immediately be shut-down if necessary. The PSO(s) will continue to 
maintain watch to determine when the animal(s) are outside the EZ by 
visual confirmation. Airgun operations will not resume until the animal 
is confirmed to have left the EZ, or if not observed after 15 min for 
species with shorter dive durations (small odontocetes and pinnipeds) 
or 30 min for species with longer dive durations (mysticetes and large 
odontocetes, including sperm, killer, and beaked whales).

PSO Data and Documentation

    PSOs will record data to estimate the numbers of marine mammals 
exposed to various received sound levels and to document apparent 
disturbance reactions or lack thereof. Data will be used to estimate 
numbers of animals potentially ``taken'' by harassment (as defined in 
the MMPA). They will also provide information needed to order a shut-
down of the airguns when a marine mammal is within or near the EZ. 
Observations will also be made during daytime periods when the Thompson 
is underway without seismic operations (i.e., transits to, from, and 
through the study area) to collect baseline biological data.
    When a 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 airguns or vessel (e.g., none, avoidance, 
approach, paralleling, etc.), and behavioral pace.
    2. Time, location, heading, speed, activity of the vessel, Beaufort 
sea state, visibility, 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 observations as well as information regarding shut-downs of the 
seismic source, will be recorded in a standardized format. The data 
accuracy will be verified by the PSOs 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.
    Vessel-based observations by the PSO will provide:
    1. The basis for real-time mitigation (airgun shut-down).
    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. Information to compare the distance and distribution of marine 
mammals relative to the source vessel at times with and without seismic 
activity.
    5. Data on the behavior and movement patterns of marine mammals 
seen at times with and without seismic activity.
    SIO will submit a report to NMFS and NSF within 90 days after the 
end of the cruise. The report will describe the operations that were 
conducted and sightings of marine mammals near the operations. The 
report will provide full documentation of methods, results, and 
interpretation pertaining to all

[[Page 68730]]

monitoring. The 90-day report will summarize the dates and locations of 
seismic operations, and all marine mammal sightings (dates, times, 
locations, activities, associated seismic survey activities). The 
report will also include estimates of the number and nature of 
exposures that could result in potential ``takes'' of marine mammals by 
harassment or in other ways.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA, 
such as an injury (Level A harassment), serious injury or mortality 
(e.g., ship-strike, gear interaction, and/or entanglement), SIO will 
immediately cease the specified activities and immediately report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS at (301) 427-8401 and/or by email to 
[email protected] and [email protected], and the NMFS 
Pacific Islands Regional Office Stranding Coordinator at (808) 944-2269 
([email protected]). The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available). Activities shall not resume until NMFS is able 
to review the circumstances of the prohibited take. NMFS shall work 
with SIO to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. SIO may not resume 
their activities until notified by NMFS via letter or email, or 
telephone.
    In the event that SIO discovers an injured or dead marine mammal, 
and the lead PSO determines that the cause of the injury or death is 
unknown and the death is relatively recent (i.e., in less than a 
moderate state of decomposition as described in the next paragraph), 
SIO will immediately report the incident to the Chief of the Permits 
and Conservation Division, Office of Protected Resources, NMFS, at 
(301) 427-8401, and/or by email to [email protected] and 
[email protected], and the NMFS Pacific Islands Regional Office 
(808) 944-2269) and/or by email to the Pacific Islands Regional 
Stranding Coordinator ([email protected]). The report must 
include the same information identified in the paragraph above. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with SIO to determine whether modifications in 
the activities are appropriate.
    In the event that SIO discovers an injured or dead marine mammal, 
and the lead PSO determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), SIO will report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, at (301) 427-8401, and/or by email to 
[email protected] and [email protected], and the NMFS 
Pacific Islands Regional Office (808) 944-2269), and/or by email to the 
Pacific Islands Regional Stranding Coordinator 
([email protected]), within 24 hours of discovery. SIO will 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS and the Marine 
Mammal Stranding Network.
Estimated Take by Incidental 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].

    Only take by Level B harassment is anticipated and authorized as a 
result of the marine geophysical survey in the western tropical Pacific 
Ocean. Acoustic stimuli (i.e., increased underwater sound) generated 
during the operation of the seismic airgun array may have the potential 
to cause marine mammals in the survey area to be exposed to sounds at 
or greater than 160 dB or cause temporary, short-term changes in 
behavior. There is no evidence that the planned activities could result 
in injury, serious injury, or mortality within the specified geographic 
area for which NMFS has issued the IHA. Take by injury, serious injury, 
or mortality is thus neither anticipated nor authorized. NMFS has 
determined that the required mitigation and monitoring measures will 
minimize any potential risk for injury, serious injury, or mortality.
    The following sections describe SIO's methods to estimate take by 
incidental harassment and present the applicant's estimates of the 
numbers of marine mammals that could be affected during the seismic 
program. The estimates are based on a consideration of the number of 
marine mammals that could be disturbed appreciably by operations with 
the two GI airgun array to be used during approximately 1,600 km of 
survey lines in the western tropical Pacific Ocean.
    SIO assumes that, during simultaneous operations of the airgun 
array and the other sources, any marine mammals close enough to be 
affected by the MBES and SBP would already be affected by the airguns. 
However, whether or not the airguns are operating simultaneously with 
the other sources, marine mammals are expected to exhibit no more than 
short-term and inconsequential responses to the MBES and SBP given 
their characteristics (e.g., narrow, downward-directed beam) and other 
considerations described previously. Such reactions are not considered 
to constitute ``taking'' (NMFS, 2001). Therefore, SIO provides no 
additional allowance for animals that could be affected by sound 
sources other than airguns.
    Extensive systematic ship-based surveys have been conducted by NMFS 
Southwest Fisheries Science Center (SWFSC) for marine mammals in the 
eastern, but not the western tropical Pacific Ocean. A systematic 
vessel-based marine mammal survey was conducted approximately 2,500 km 
(1,349.9 nmi) west of the planned survey area in the Commonwealth of 
the Northern Mariana Islands (CNMI) for the U.S. Navy during January to 
April, 2007 (SRS-Parsons et al., 2007; Fulling et al., in press). The 
cruise area was defined by the boundaries 10[deg] to 18[deg] North, 
142[deg] to 148[deg] East, encompassing an area approximately 585,000 
km\2\ (170,558.7 nmi\2\) including the islands of Guam and the southern 
CNMI. The survey was conducted using standard line-transect protocols 
developed by NMFS SWFSC. Observers visually surveyed 11,033 km (5,957.3 
nmi) of trackline, mostly in high sea states (88% of the time in 
Beaufort Sea states four to six). Another survey was conducted by SWFSC 
approximately 3,500 km

[[Page 68731]]

(1,889.8 nmi) east of the survey area in the EEZ around Hawaii during 
August to November, 2002; survey effort was 3,550 km (1,916.8 nmi) in 
the ``Main Island stratum,'' which had a surface area of 2,240,024 
km\2\ (653,086.5 nmi\2\) (Barlow, 2006).
    SIO used densities that were the effort-weighted means for the CNMI 
(Fulling et al., in press) and the outer EEZ stratum of Hawaii (Barlow, 
2006). The densities had been corrected, by the original authors, for 
trackline detection probability bias, and for data from Hawaii, for 
availability bias. Trackline detection probability bias is associated 
with diminishing sightability with increasing lateral distance from the 
trackline, and is measured by [fnof](0). Availability bias refers to 
the fact that there is less-than-100% probability of sighting an animal 
that is present along the survey trackline [fnof](0), and it is 
measured by g(0). Fulling et al. (in press) did not correct the CNMI 
densities for availability bias (i.e., it was assumed that g(0) = 1), 
which resulted in underestimates of density. The densities are given in 
Table 3 of SIO's IHA application.
    There is some uncertainty about the representativeness of the data 
and the assumptions used in the calculations, for example:
    (1) The timing of most of the surveys was different, the CNMI 
survey was from January to April, the Hawaii survey was from August to 
November, and the SIO survey is from November to December;
    (2) Locations were also different, with the survey area 
approximately 2,500 km east of the CNMI and approximately 3,500 km west 
of Hawaii; and
    (3) Most of the Marianas survey was in high sea states that would 
have prevented detection of many marine mammals, especially cryptic 
species such as beaked whales and Kogia spp.

However, the approach used here is believed to be the best available 
approach.
    SIO's estimates of exposures to various sound levels assume that 
the surveys will be fully completed; in fact, the ensonified areas 
calculated using the planned number of line-km have been increased by 
25% to accommodate turns, lines that may need to be repeated, equipment 
testing, etc. As is typical during offshore ship surveys, inclement 
weather and equipment malfunctions are likely to cause delays and may 
limit the number of useful line-kilometers of seismic operations that 
can be undertaken. Furthermore, any marine mammal sightings within or 
near the designated EZs will result in the shut-down of seismic 
operations as a mitigation measure. Thus, the following estimates of 
the numbers of marine mammals potentially exposed to sound levels of 
160 dB re 1 [micro]Pa (rms) are precautionary and probably overestimate 
the actual numbers of marine mammals that might be involved. These 
estimates also assume that there will be no weather, equipment, or 
mitigation delays, which is highly unlikely.
    SIO estimated the number of different individuals that may be 
exposed to airgun sounds with received levels greater than or equal to 
160 dB re 1 [micro]Pa (rms) on one or more occasions by considering the 
total marine area that would be within the 160 dB radius around the 
operating airgun array on at least one occasion, along with the 
expected density of marine mammals in the area. The seismic lines do 
not run parallel to each other in close proximity and the ensonified 
areas do not overlap, thus an individual mammal that was stationary 
would be exposed once during the survey.
    The numbers of different individuals potentially exposed to greater 
than or equal to 160 dB (rms) were calculated by multiplying the 
expected species density times the anticipated area to be ensonified. 
The area was determined by entering the planned survey lines into a 
MapInfo GIS, using the GIS to identify the relevant areas by 
``drawing'' the applicable 160 dB buffer (see Table 1 of the IHA 
application) around each seismic line, and then calculating the total 
area within the buffers. For this survey, there were no areas of 
overlap because of crossing lines.
    Applying the approach described above, approximately 2,144 km\2\ 
(625.1 nmi\2\) (approximately 2,680 km\2\ [781.4 nmi\2\] including the 
25% contingency) would be within the 160 dB isopleth on one or more 
occasions during the survey. Because this approach does not allow for 
turnover in the marine mammal populations in the study area during the 
course of the survey, the actual number of individuals exposed could be 
underestimated, although the conservative (i.e., probably 
overestimated) line-kilometer distances used to calculate the area may 
offset this. Also, the approach assumes that no cetaceans will move 
away from or toward the trackline as the Thompson approaches in 
response to increasing sound levels prior to the time the levels reach 
160 dB. Another way of interpreting the estimates that follow is that 
they represent the number of individuals that are expected (in the 
absence of a seismic program) to occur in the waters that will be 
exposed to greater than or equal to 160 dB re 1 [micro]Pa (rms).
    Table 3 (Table 4 of the IHA application) shows the estimates of the 
number of different individual marine mammals that potentially could be 
exposed to greater than or equal to 160 dB re 1 [mu]Pa (rms) during the 
seismic survey if no animals moved away from the survey vessel. The 
requested take authorization is given in Table 3 (below; the far right 
column of Table 4 of the IHA application). For ESA listed species, the 
requested take authorization has been increased to the mean group size 
in the CNMI (Fulling et al., in press) for the particular species in 
cases where the calculated number of individuals exposed was between 
0.05 and the mean group size (i.e., for the sei whale). For species not 
listed under the ESA that could occur in the study area, the requested 
take authorization has been increased to the mean group size in the 
CNMI (Fulling et al., in press) or, for species not sighted in the CNMI 
survey, Hawaii (Barlow, 2006) for the particular species in cases where 
the calculated number of individuals exposed was between 1 and the mean 
group size.
    The estimate of the number of individual cetaceans that could be 
exposed to seismic sounds with received levels greater than or equal to 
160 dB re 1 [mu]Pa (rms) during the survey is 632 animals (118 
individual cetaceans were estimated Table 4 of the IHA application). 
That total includes 2 Bryde's whale, 2 sei whales, 25 sperm whales, 5 
pygmy sperm whales, 12 dwarf sperm whales, 10 Cuvier's beaked whales, 
18 Longman's beaked whale, 2 Blainville's beaked whales, 20 rough-
toothed dolphins, 20 bottlenose dolphins, 64 pantropical spotted 
dolphins, 98 spinner dolphins, 27 striped dolphins, 182 Fraser's 
dolphins, 15 Risso's dolphin, 95 melon-headed whales, 10 false killer 
whales, 7 killer whales, and 18 short-finned pilot whales which would 
represent less than 0.01%, 0.03%, 0.08%, NA, 0.11%, 0.05%, NA, less 
than 0.01%, 0.01%, less than 0.01%, less than 0.01%, 0.01%, less than 
0.01%, 0.06%, less than 0.01%, 0.21%, 0.03%, 0.08%, and less than 0.01% 
of the regional populations, respectively. Most (58.2%) of the 
cetaceans potentially exposed are delphinids; pantropical spotted, 
striped, and Fraser's dolphins, as well as melon-headed whales, are 
estimated to be the most common species in the study area. The 
authorized incidental take numbers of Bryde's (2), sei (2), sperm (25), 
Longman's beaked (18), melon-headed (95), false killer (10), killer 
(7), and short-finned pilot whales (18) as well as rough-toothed (20), 
bottlenose (20),

[[Page 68732]]

pantropical spotted (64), spinner (98), striped (27), Fraser's (182), 
and Risso's (15) dolphins has been increased from the original IHA 
application to account for possible exposure of mother-calf pairs, mean 
group size in the Commonwealth of the Northern Mariana Islands (CNMI) 
(Fulling et al., in press) or Hawaii (Barlow, 2006), or for best 
available estimate of group size (Jaquet and Gendron, 2009).

 Table 3--Estimates of the Possible Numbers of Marine Mammals Exposed to Different Sound Levels >= 160 dB During
           SIO's Seismic Survey in the Western Tropical Pacific Ocean During November to December 2011
----------------------------------------------------------------------------------------------------------------
                                       Estimated number
                                        of individuals                                            Approximate
               Species                 exposed to sound   Authorized take    Incidental take       percent of
                                       levels >=160 dB       requested          authorized          regional
                                       re 1 [mu]Pa \1\                                           population \2\
----------------------------------------------------------------------------------------------------------------
Mysticetes:
    Humpback whale..................                  0                  0                  0                  0
    Minke whale.....................                  0                  0                  0                  0
    Bryde's whale...................                  1              \3\ 1                  2               0.01
    Sei whale.......................                  0              \3\ 1                  2               0.03
    Fin whale.......................                  0                  0                  0                  0
    Blue whale......................                  0                  0                  0                  0
Odontocetes:
    Sperm whale.....................                  6                  6                 25               0.08
    Pygmy sperm whale...............                  5                  5                  5                 NA
    Dwarf sperm whale...............                 12                 12                 12               0.11
    Cuvier's beaked whale...........                 10                 10                 10               0.05
    Longman's beaked whale..........                  1                 18                 18                 NA
    Blainville's beaked whale.......                  2                  2                  2             < 0.01
    Ginkgo-toothed beaked whale.....                  0                  0                  0                  0
    Rough-toothed dolphin...........                  5              \3\ 9                 20               0.01
    Bottlenose dolphin..............                  2              \3\ 2                 20             < 0.01
    Pantropical spotted dolphin.....                 30             \3\ 64                 64             < 0.01
    Spinner dolphin.................                  5             \3\ 98                 98               0.01
    Striped dolphin.................                 16             \3\ 27                 27             < 0.01
    Fraser's dolphin................                  7            \4\ 182                182               0.06
    Risso's dolphin.................                  1             \4\ 15                 15             < 0.01
    Melon-headed whale..............                  7             \3\ 95                 95               0.21
    Pygmy killer whale..............                  0                  0                  0                  0
    False killer whale..............                  2             \3\ 10                 10               0.03
    Killer whale....................                  0              \4\ 7                  7               0.08
    Short-finned pilot whale........                  6             \3\ 18                 18             < 0.01
Pinnipeds:
    Hawaiian monk seal..............                  0                  0                  0                  0
----------------------------------------------------------------------------------------------------------------
\1\ Estimates are based on densities from Table 1 (Table 3 of the IHA application) and ensonified areas
  (including 25% contingency) for 160 dB of 2,680 km\2\.
\2\ Regional population size estimates are from Table 1 (see Table 2 of the IHA application); NA means not
  available.
\3\ Increased to mean group size in the CNMI (Fulling et al. in press).
\4\ Increased to mean group size in Hawaii (Barlow, 2006).

Encouraging and Coordinating Research

    SIO and NSF will coordinate the planned marine mammal monitoring 
program associated with the seismic survey in the western tropical 
Pacific Ocean with any parties that may have or express an interest in 
the seismic survey. UW will work with the U.S. Department of State to 
obtain the necessary approvals for operating in the foreign EEZ of the 
Republic of the Marshall Islands.
Negligible Impact and Small Numbers Analysis and Determination
    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.'' In making a negligible impact determination, 
NMFS evaluated factors such as:
    (1) The number of anticipated injuries, serious injuries, or 
mortalities;
    (2) The number, nature, and intensity, and duration of Level B 
harassment (all relatively limited);
    (3) The context in which the takes occur (i.e., impacts to areas of 
significance, impacts to local populations, and cumulative impacts when 
taking into account successive/contemporaneous actions when added to 
baseline data);
    (4) The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, and impact 
relative to the size of the population);
    (5) Impacts on habitat affecting rates of recruitment/survival; and
    (6) The effectiveness of monitoring and mitigation measures (i.e., 
the manner and degree in which the measure is likely to reduce adverse 
impacts to marine mammals, the likely effectiveness of the measures, 
and the practicability of implementation).
    For reasons stated previously in this document, and in the notice 
of the proposed IHA (76 FR 45518, July 29, 2011), the specified 
activities associated with the marine seismic survey are not likely to 
cause PTS, or other non-auditory injury, serious injury, or death 
because:
    (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 potential for temporary or permanent hearing impairment is

[[Page 68733]]

relatively low and would likely be avoided through the incorporation of 
the required monitoring and mitigation measures (described above);
    (3) The fact that pinnipeds would have to be closer than 20 m (65.6 
ft) in deep water when the two GI airgun array is in use at 3 m (9.8 
ft) tow depth from the vessel to be exposed to levels of sound believed 
to have even a minimal chance of causing PTS;
    (4) The fact that cetaceans would have to be closer than 70 m 
(229.7 ft) in deep water when the two GI airgun array is in 3 m tow 
depth from the vessel to be exposed to levels of sound believed to have 
even a minimal chance of causing PTS; and
    (5) The likelihood that marine mammal detection ability by trained 
PSOs is high at close proximity to the vessel.
    No injuries, serious injuries, or mortalities are anticipated to 
occur as a result of SIO's planned marine seismic survey, and none are 
authorized by NMFS. Only short-term, behavioral disturbance is 
anticipated to occur due to the brief and sporadic duration of the 
survey activities. Table 3 in this document outlines the number of 
Level B harassment takes that are anticipated as a result of the 
activities. Due to the nature, degree, and context of Level B 
(behavioral) harassment anticipated and described (see ``Potential 
Effects on Marine Mammals'' section above) in this notice, the activity 
is not expected to impact rates of recruitment or survival for any 
affected species or stock. Additionally, the seismic survey will not 
adversely impact marine mammal habitat.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (i.e., 24 hr cycle). 
Behavioral reactions to noise exposure (such as disruption of critical 
life functions, displacement, or avoidance of important habitat) are 
more likely to be significant if they last more than one diel cycle or 
recur on subsequent days (Southall et al., 2007). While seismic 
operations are anticipated to occur on consecutive days, the entire 
duration of the survey is not expected to last more than 32 days and 
the Thompson will be continuously moving along planned tracklines that 
are geographically spread-out (i.e., two parallel lines, 5.4 nmi [10 
km] apart and 432 nmi [800 km] long). Therefore, the seismic survey 
will be increasing sound levels in the marine environment in a small 
area surrounding the vessel, which is constantly traveling over far 
distances, for a relatively short time period (i.e., several weeks) in 
the study area.
    Of the 26 marine mammal species under NMFS jurisdiction that are 
known to or likely to occur in the study area, six are listed as 
threatened or endangered under the ESA: Humpback, sei, fin, blue, and 
sperm whales, and Hawaiian monk seals. These species are also 
considered depleted under the MMPA. Of these ESA-listed species, 
incidental take has been authorized for sei and sperm whales. The 
Hawaiian monk seal population has generally been decreasing (the main 
Hawaiian islands population appears to be increasing). There is 
generally insufficient data to determine population trends for the 
other depleted species in the study area. To protect these animals (and 
other marine mammals in the study area), SIO must cease or reduce 
airgun operations if animals enter designated zones. No injury, serious 
injury, or mortality is expected to occur and due to the nature, 
degree, and context of the Level B harassment anticipated, the activity 
is not expected to impact rates of recruitment or survival.
    As mentioned previously, NMFS estimates that 19 species of marine 
mammals under its jurisdiction could be potentially affected by Level B 
harassment over the course of the IHA. For each species, these numbers 
are small (each less than one percent) relative to the regional 
population size. The population estimates for the marine mammal species 
that may be taken by Level B harassment were provided in Table 1 of 
this document.
    NMFS's practice has been to apply the 160 dB re 1 [micro]Pa (rms) 
received level threshold for underwater impulse sound levels to 
determine whether take by Level B harassment occurs. Southall et al. 
(2007) provide a severity scale for ranking observed behavioral 
responses of both free-ranging marine mammals and laboratory subjects 
to various types of anthropogenic sound (see Table 4 in Southall et al. 
[2007]).
    NMFS has determined, provided that the aforementioned mitigation 
and monitoring measures are implemented, that the impact of conducting 
a marine geophysical survey in the western tropical Pacific Ocean, 
November to December, 2011, may result, at worst, in a temporary 
modification in behavior and/or low-level physiological effects (Level 
B harassment) of small numbers of certain species of marine mammals. 
See Table 3 (above) for the requested authorized take numbers of 
cetaceans.
    While behavioral modifications, including temporarily vacating the 
area during the operation of the airgun(s), may be made by these 
species to avoid the resultant acoustic disturbance, the availability 
of alternate areas within these areas and the short and sporadic 
duration of the research activities, have led NMFS to determine that 
this action will have a negligible impact on the species in the 
specified geographic region.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, NMFS finds that SIO's planned research activities, will 
result in the incidental take of small numbers of marine mammals, by 
Level B harassment only, and that the total taking from the marine 
seismic survey will have a negligible impact on the affected species or 
stocks of marine mammals; and that impacts to affected species or 
stocks of marine mammals have been mitigated to the lowest level 
practicable.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    Section 101(a)(5)(D) also requires NMFS to determine that the 
authorization will not have an unmitigable adverse effect on the 
availability of marine mammal species or stocks for subsistence use. 
There are no relevant subsistence uses of marine mammals in the study 
area (offshore waters of the western tropical Pacific Ocean) that 
implicate MMPA section 101(a)(5)(D).

Endangered Species Act

    Of the species of marine mammals that may occur in the survey area, 
several are listed as endangered under the ESA, including the humpback, 
sei, fin, blue, and sperm whales, as well as the Hawaiian monk seal. 
Under section 7 of the ESA, NSF initiated formal consultation with the 
NMFS, Office of Protected Resources, Endangered Species Act Interagency 
Cooperation Division, on this seismic survey. NMFS's Office of 
Protected Resources, Permits and Conservation Division, initiated 
formal consultation under section 7 of the ESA with NMFS's Office of 
Protected Resources, Endangered Species Act Interagency Cooperation 
Division, to obtain a Biological Opinion (BiOp) evaluating the effects 
of issuing the IHA on threatened and endangered marine mammals and, if 
appropriate, authorizing incidental take. In November, 2011, NMFS 
issued a BiOp and concluded that the action and issuance of the IHA are 
not likely to jeopardize the continued existence of humpback, sei, fin, 
blue, and sperm whales, or the Hawaiian monk seal. NSF

[[Page 68734]]

and SIO must comply with the Relevant Terms and Conditions of the 
Incidental Take Statement (ITS) corresponding to NMFS's BiOp issued to 
NSF, SIO, and NMFS's Office of Protected Resources. SIO must comply 
with the mitigation and monitoring requirements included in the IHA in 
order to be exempted under the ITS in the BiOp from the prohibition on 
take of listed endangered marine mammal species otherwise prohibited by 
section 9 of the ESA.

National Environmental Policy Act

    NSF prepared an ``Environmental Assessment Pursuant to the National 
Environmental Policy Act, 42 U.S.C. 4321, et seq. and Executive Order 
12114, Marine Geophysical Survey by the R/V Thompson in the western 
tropical Pacific Ocean, November-December 2011,'' which incorporated an 
``Environmental Assessment of a Low-Energy marine Geophysical Survey by 
the R/V Thompson in the Western Tropical Pacific Ocean, November-
December 2011,'' prepared by LGL. NMFS conducted an independent review 
and evaluation of the document for sufficiency and compliance with the 
Council on Environmental Quality regulations and NOAA Administrative 
Order (NAO) 216-6 Sec.  5.09(d) and determined that issuance of the IHA 
is not likely to result in significant impacts on the human 
environment. Consequently, NMFS has adopted NSF's EA and prepared a 
Finding of No Significant Impact (FONSI) for the issuance of the IHA. 
An Environmental Impact Statement is not required and will not be 
prepared for the action.

Authorization

    NMFS has issued an IHA to SIO for the take, by Level B harassment, 
of small numbers of marine mammals incidental to conducting a marine 
seismic survey in the western tropical Pacific Ocean, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: October 31, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-28782 Filed 11-4-11; 8:45 am]
BILLING CODE 3510-22-P