[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34069-34083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13388]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC461


Takes of Marine Mammals Incidental to Specified Activities; 
Marine Geophysical Survey in the Northeast Atlantic Ocean, June to July 
2013

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

ACTION: Notice; issuance of an Incidental Take Authorization (ITA).

-----------------------------------------------------------------------

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to the Lamont-Doherty Earth 
Observatory of Columbia University (L-DEO) to take marine mammals, by 
Level B harassment, incidental to conducting a marine geophysical 
(seismic) survey in the northeast Atlantic Ocean, June to July 2013.

DATES: Effective June 1 through August 25, 2013.

ADDRESSES: A copy of the final 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.
    An ``Environmental Analysis of a Marine Geophysical Survey by the 
R/V Marcus G. Langseth for the Northeast Atlantic Ocean, June-July 
2013,'' was prepared by LGL Ltd., Environmental Research Associates, on 
behalf of the National Science Foundation (NSF) (which owns the R/V 
Marcus G. Langseth) and L-DEO (which operates the R/V Marcus G. 
Langseth). NMFS also issued a Biological Opinion under Section 7 of the 
Endangered Species Act (ESA) to evaluate the effects of the survey and 
IHA on marine species listed as threatened and endangered. The NMFS 
Biological Opinion is available online at: http://www.nmfs.noaa.gov/pr/consultations/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, as amended (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 
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 adverse 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's 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

    On January 8, 2013, NMFS received an application from the L-DEO 
requesting that NMFS issue an IHA for the take, by Level B harassment 
only, of small numbers of marine mammals incidental to conducting a 
marine seismic survey on the high seas (i.e., International Waters) and 
within the Exclusive Economic Zone of Spain during June to July 2013. 
L-DEO plans to use one source vessel, the R/V Marcus G. Langseth 
(Langseth) and a seismic airgun array to collect seismic data as part 
of the seismic survey in the northeast Atlantic Ocean. In addition to 
the operations of the seismic airgun array and hydrophone streamer, L-
DEO intends to operate a multibeam echosounder and a sub-bottom 
profiler continuously throughout the survey. On March 21, 2013, NMFS 
published a notice in the Federal Register (78 FR 17359) making 
preliminary determinations and proposing to issue

[[Page 34070]]

an IHA. The notice initiated a 30 day public comment period.
    Acoustic stimuli (i.e., increased underwater sound) generated 
during the operation of the seismic airgun array may have the potential 
to cause a behavioral disturbance for marine mammals in the survey 
area. This is the principal means of marine mammal taking associated 
with these activities and L-DEO has requested an authorization to take 
20 species of marine mammals by Level B harassment. Take is not 
expected to result from the use of the multibeam echosounder or sub-
bottom profiler, for reasons discussed in this notice; nor is take 
expected to result from collision with the source vessel because it is 
a single vessel moving at a relatively slow speed (4.6 knots [kts]; 8.5 
kilometers per hour [km/hr]; 5.3 miles per hour [mph]) 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

    L-DEO plans to conduct a high energy, two-dimensional (2D) and 
three-dimensional (3D) seismic survey in the northeast Atlantic Ocean, 
west of Spain (see Figure 1 of the IHA application). Water depths in 
the survey area range from approximately 3,500 to greater than 5,000 
meters (m) (11,482.9 to 16,404.2 feet [ft]). The seismic survey would 
be scheduled to occur for approximately 39 days during June 1 to July 
14, 2013. Some minor deviation from these dates would be possible, 
depending on logistics and weather.
    L-DEO plans to use conventional seismic methodology in the Deep 
Galicia Basin of the northeast Atlantic Ocean. The goal of the planned 
research is to collect data necessary to study rifted continental to 
oceanic crust transition in the Deep Galicia Basin west of Spain. This 
margin and its conjugate are among the best studied magma-poor, rifted 
margins in the world, and the focus of studies has been the faulting 
mechanics and modification of the upper mantle associated with such 
margins. Over the years, a combination of 2D reflection profiling, 
general marine geophysics, and ocean drilling have identified a number 
of interesting features of the margin. Among these are the S reflector, 
which has been interpreted to be detachment fault overlain with fault 
bounded, rotated, continental crustal blocks and underlain by 
serpentinized peridotite, and the Peridotite Ridge, composed of 
serpentized peridotite and thought to be upper mantle exhumed to the 
seafloor during rifting.
    To achieve the project's goals, the Principal Investigators (PIs), 
Drs. D. S. Sawyer (Rice University), J. K. Morgan (Rice University), 
and D. J. Shillington (L-DEO) propose to use a 3D seismic reflection 
survey, 2D survey, and a long-offset seismic program extending through 
the crust and S detachment into the upper mantle to characterize the 
last stage of continental breakup and the initiation of seafloor 
spreading, relate post-rifting subsidence to syn-rifting lithosphere 
deformation, and inform the nature of detachment faults. Ocean Bottom 
Seismometers (OBSs) and Ocean Bottom Hydrophones (OBHs) would also be 
deployed during the program. It is a cooperative program with 
scientists from the United Kingdom, Germany, Spain, and Portugal.
    The planned survey would involve one source vessel, the R/V Marcus 
G. Langseth (Langseth). The Langseth would deploy an array of 18 
airguns as an energy source with a total volume of approximately 3,300 
in\3\. The receiving system would consist of four 6,000 m (19,685 ft) 
hydrophone streamers at 200 m (656.2 ft) spacing and up to 78 OBS and 
OBH instruments. The OBSs and OBHs would be deployed and retrieved by a 
second vessel, the R/V Poseidon (Poseidon), provided by the German 
Science Foundation. As the airgun array is towed along the survey 
lines, the hydrophone streamers would receive the returning acoustic 
signals and transfer the data to the on-board processing system. The 
OBS and OBHs record the returning acoustic signals internally for later 
analysis.
    A total of approximately 5,834 km (3150.1 nautical miles [nmi]) of 
survey lines, including turns, will be shot in a grid pattern with a 
single line extending to the west (see Figure 1). There will be 
additional seismic operations in the survey area associated with 
equipment testing, ramp-up, and possible line changes or repeat 
coverage of any areas where initial data quality is sub-standard. In L-
DEO's estimated take calculations, 25% has been added for those 
additional operations.
    In addition to the operations of the airgun array, a Kongsberg EM 
122 multibeam echosounder and a Knudsen Chirp 3260 sub-bottom profiler 
will also be operated from the Langseth continuously throughout the 
survey. All planned geophysical data acquisition activities would be 
conducted by L-DEO with on-board assistance by the scientists who have 
planned the study. The vessel will be self-contained, and the crew will 
live aboard the vessel for the entire cruise.

Dates, Duration, and Specified Geographic Region

    The planned survey would encompass the area between approximately 
41.5 to 42.5[ordm] North and approximately 11.5 to 17.5[ordm] West in 
the northeast Atlantic Ocean to the west of Spain. The cruise will be 
in International Waters (i.e., high seas) and in the Exclusive Economic 
Zone (EEZ) of Spain in water depths ranging from approximately 3,500 to 
greater than 5,000 m (see Figure 1 of the IHA application). The exact 
dates of the planned activities depend on logistics and weather 
conditions. The Langseth would depart from Lisbon, Portugal or Vigo, 
Spain on June 1, 2013 and spend approximately 1 day in transit to the 
survey area. The seismic survey is expected to take approximately 39 
days, with completion on approximately July 12, 2013. When the survey 
is completed, the Langseth will then transit back to Lisbon, Portugal 
or Vigo, Spain.
    NMFS outlined the purpose of the program in a previous notice for 
the proposed IHA (78 FR 17359, March 21, 2013). 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 notice for the 
proposed IHA (78 FR 17539, March 21, 2013), the IHA application, EA, 
and associated documents referenced above this section.

Comments and Responses

    A notice of the proposed IHA for the L-DEO seismic survey was 
published in the Federal Register on March 21, 2013 (78 FR 17359). 
During the 30 day public comment period, NMFS received comments from 
the Marine Mammal Commission (Commission) and private individuals. The 
Commission and private individual's comments are online at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Following are their 
substantive comments and NMFS's responses.
    Comment 1: The Commission recommends that NMFS require L-DEO to re-
estimate the proposed buffer and exclusion zones and associated takes 
of marine mammals using the greatest sound speed from the survey area 
if sound at any depth travels at a speed greater than 1,521.6 m/second.
    Response: Based upon the best available information and our 
analysis of the likely effects of the specified activity on marine 
mammals and their habitat, we are satisfied that the data

[[Page 34071]]

supplied by L-DEO and the information that we evaluated in the proposal 
including the referenced documents comprise the best available 
information on the likely effects of the activities on marine mammals. 
These data are sufficient to inform our analysis and determinations 
under the MMPA, ESA of 1973 (16 U.S.C. 1531 et seq.), and the National 
Environmental Policy Act (NEPA). The identified buffer and exclusion 
zones are appropriate for the survey. Thus, for this survey, we will 
not require L-DEO to re-estimate the proposed exclusion zones and 
buffer zones and associated number of marine mammal takes using 
operational and site-specific environmental parameters.
    L-DEO has predicted received sound levels in the action area using 
their acoustic model (Diebold et al., 2010) as a function of distance 
from the airguns for the 36-airgun array and for a single 40-cubic inch 
(in\3\) airgun. This modeling approach uses ray tracing for the direct 
wave traveling from the array to the receiver and its associated source 
ghost (reflection at the air-water interface in the vicinity of the 
array), in a constant-velocity half space (an infinite homogeneous 
water column, not bounded by a seafloor). Because the L-DEO model 
assumes a homogeneous water column, the sound speed is held constant. 
For consistency with prior work by Dr. John Diebold, recent model 
results for the mitigation radii have been derived using 1,521.6 m/
second, which in the airgun modeling software corresponds to a water 
temperature of 20 degrees Celsius. The mitigation radii are measured 
from the width of the isopleths at depth. The 180 dB (rms) isopleth, is 
broadest at around 450 to 500 m (1,476.4 to 1,640.4 ft) water depth, 
which provides a radius of 568 m (1,863.5 ft) around the sound source 
for the PSOs to monitor and mitigate for protected species. For the 160 
dB (rms) level, the depth at which the radius is measured is 2,000 m 
(6,561.7ft), as the isopleth attains its broadest width at larger 
depths not relevant for marine mammal mitigation. Thus, the choice of a 
constant value for input to deep water modeling needs to be compared to 
the average sound speed value through the first 450 to 500 m of water 
in the area, for the 180 dB (rms) radius, and compared to the average 
sound speed value to the first 2,000 m, for the 160 dB (rms) radius: 
the presence of possibly higher sound speed in a localized region near 
the sea surface would not, in itself alone, impact radii estimates. 
Measured sound speed profiles in the Gulf of Mexico presented in Figure 
15 of Diebold et al. (2010) shows that there, 1,521 m/second is 
actually higher than the average speed through the first 450 to 500 m, 
and through the entire 1,700 m (5,577.4 ft) of the water column. No 
site-specific information is used in the L-DEO modeling. The value of 
1,521.6 m/second is presently used to derive all models. A quick search 
for information in the vicinity of the planned northeast Atlantic Ocean 
survey area suggests that 1,521.6 m/second is not an unreasonably low 
value to use an average for input to the model. Overall, the choice of 
the constant sound speed is a secondary factor governing model results, 
the main assumption remains that of a homogeneous water layer.
    Because the model by Dr. John Diebold cannot be adjusted to add 
environmental parameters, L-DEO would require another modeling approach 
to modify the sound speed profile to match site-specific parameters. 
The goal of the L-DEO modeling is to have a model that is broadly 
applicable and not have the typical data limitations and significant 
parameter assumptions that often limit utility of ``site specific'' 
investigations. Usage of the 1,521.6 m/second is a reasonable model 
variable for this survey location, and for most others. Typically, 
ocean temperatures, which influence the speed of sound propagation 
through water, are most variable towards the ocean surface, and become 
more constant at depth. The deep-water mitigation radii calculated by 
the Diebold modeling for the Langseth's airgun array are determined 
from the spread of the acoustic source from the full airgun array and 
is at its widest in deeper waters, not near the sea surface (see Figure 
2 of the NSF/USGS PEIS [Diebold et al., 2010]). The deep-water 
mitigation radii predicted by the L-DEO model were previously shown to 
be conservative in the Gulf of Mexico (Tolstoy et al., 2009; Diebold et 
al., 2010). Therefore, using a maximum sound speed variable for the 
model, which at this site would likely be at the surface, would be less 
reflective of the entire water column and a poorer value to use in the 
model.
    Of note, in cold water scenarios, use of the 1,521.6 m/second as an 
average for the entire water column might actually yield overestimated 
radii. Although the model might yield results that would be generally 
even more conservative, we continue to use the existing radii 
determined with 1,521.6 m/second in cold water scenarios anyway. 
Therefore, while the sound speed can be adjusted in the L-DEO model, 
the model has already been shown to be conservative in temperate 
locations and increasing the sound speed calculations in areas in 
colder temperatures would only make the model generally more 
conservative in its radii predictions.
    L-DEO's application and NSF's environmental analysis includes 
detailed information on the study, and their modeling process of the 
calibration experiment in shallow, intermediate, and deep water. 
Additionally, the conclusions in Appendix H of the ``2011 Programmatic 
Environmental Impact Statement/Overseas Environmental Impact Statement 
for Marine Seismic Research Funded by the National Science Foundation 
or Conducted by the U.S. Geological Survey'' (NSF/USGS PEIS, 2011) also 
show that L-DEO's model represents the actual produced sound levels, 
particularly within the first few kilometers, where the predicted zone 
(i.e., exclusion zone) lie. At greater distances, local oceanographic 
variations begin to take effect, and L-DEO's model tends to over 
predict zones. Because the modeling matches the observed measurement 
data, the authors concluded that those using the models to predict 
zones can continue to do so, including predicting exclusion zones 
around the vessel for various tow depths. At present, L-DEO's model 
does not account for site-specific environmental conditions and the 
calibration study analysis of the model predicted that using site-
specific information may actually estimate less conservative exclusion 
zones at greater distances.
    While it is difficult to estimate exposures of marine mammals to 
acoustic stimuli, NMFS is confident that L-DEO's approach to 
quantifying the exclusion and buffer zones uses the best available 
scientific information and estimation methodologies.
    Comment 2: The Commission recommends that NMFS require L-DEO to 
correct beaked whale and fin whale density estimates using the 95 
percent confidence intervals and recalculate the estimated numbers of 
takes--the corrected beaked whale density then should be applied to all 
beaked whale species (including Cuvier's beaked whale, northern 
bottlenose whale, and Mesoplodon spp.).
    Response: Confidence intervals are used to indicate reliability of 
an estimate and indicate the variation that could occur if animal 
distribution was the same at the time of the planned seismic survey as 
during the survey when the data was collected. It is not possible to 
``correct'' densities using confidence intervals, as the given mean is 
the best estimate, although confidence intervals could possibly be used 
to estimate maximum densities (i.e., the

[[Page 34072]]

confidence interval themselves or the data required to calculate them 
[an estimate of variance and the sample size). However, below we 
describe why we do not think it is appropriate to apply confidence 
intervals to estimate maximum densities for beaked whales.
    L-DEO has used Cuvier's beaked whale density to estimate density 
for all beaked whale species. However, Cuvier's beaked whale was by far 
the most abundant whale seen (13 to 15 sightings) in the southern part 
of the study area (the Bay of Biscay and off northwest Spain) during 
the surveys that gave densities for beaked whales as a group, likely 
resulting in overestimates for density for the other species. 
Therefore, it is not appropriate to add another layer of potential 
overestimation in density by using the 95% confidence interval. 
Sowerby's beaked whale the northern bottlenose whale were abundant (the 
only beaked whale identified) in the northwestern part of the study 
area (off the United Kingdom).
    NMFS used IWC (2007) data for the northeast and north-central 
Atlantic Ocean to estimate fin whale density and estimate the number of 
potential takes by Level B harassment. The NMFS Biological Opinion 
describes the exposure analysis and is available online at: http://www.nmfs.noaa.gov/pr/consultations/opinions.htm.
    Comment 3: The Commission recommends that NMFS require a clearance 
time of 60 minutes for deep-diving species (i.e., beaked whales and 
sperm whales) if the animal was not observed to have left the exclusion 
zone after a power-down or shut-down.
    Response: NMFS recognizes that several species of deep-diving 
cetaceans are capable of remaining underwater for more than 30 minutes 
(e.g., sperm whales and several species of beaked whales); however, for 
the following reasons NMFS believes that 30 minutes is an adequate 
length for the monitoring period prior to the ramp-up of the airguns:
    (1) Because the Langseth is required to monitor before ramp-up of 
the airgun array, the time monitoring prior to the start-up of any but 
the smallest array is effectively longer than 30 minutes (ramp-up will 
begin with the smallest airgun in the array and airguns will be added 
in sequence such that the source level of the array will increase in 
steps not exceeding approximately 6 dB per five minute period over a 
total duration of about 30 minutes);
    (2) In many cases Protected Species Observers (PSOs) are observing 
during times when L-DEO is not operating the seismic airguns and would 
observe the area prior to the 30-minute observation period;
    (3) The majority of the species that may be exposed do not stay 
underwater more than 30 minutes;
    (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 minutes, 
then there is only a one in three chance that the last random surfacing 
would occur prior to the beginning of the required 30-minute monitoring 
period and that the animal would not be seen during that 30-minute 
period; and
    (5) Finally, seismic vessels are moving continuously (because of 
the long, towed airgun 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 exclusion zone within 30 minutes, and 
therefore it will be safe to start the airguns again.
    Comment 4: The Commission recommends that NMFS provide additional 
justification for its preliminary determination that the proposed 
monitoring program will be sufficient to detect, with a high level of 
confidence, all marine mammals within or entering the exclusion and 
buffer zones--such justification should (1) identify those species that 
NMFS believes can be detected with a high degree of confidence using 
visual monitoring only under the expected environmental conditions; (2) 
describe detection probability as a function of distance from the 
vessel; (3) describe changes in detection probability under various sea 
state and weather conditions and light levels; and (4) explain how 
close to the vessel marine mammals must be for PSOs to achieve high 
nighttime detection rates.
    Response: NMFS believe that the planned monitoring program would be 
sufficient to detect (using visual monitoring and passive acoustic 
monitoring), with reasonable certainty, marine mammals within or 
entering the identified exclusion zones. Also, NMFS expects some 
animals to avoid areas around the airgun array ensonified at the level 
of the exclusion zone.
    NMFS acknowledge that the detection probability of certain species 
of marine mammals varies depending on the animal's size and behavior, 
as well as sea state, weather conditions, and light levels. The 
detectability of marine mammals likely decreases in low light (i.e., 
darkness), higher Beaufort sea state and wind conditions, and poor 
weather (e.g., fog and/or rain). However, at present, NMFS view the 
combination of visual monitoring and passive acoustic monitoring as the 
most effective monitoring and mitigation techniques available for 
detecting marine mammals within or entering the exclusion zone. The 
final monitoring and mitigation measures are the most effective and 
feasible measures, and NMFS is not aware of any additional measures 
which could meaningfully increase the likelihood of detecting marine 
mammals in and around the exclusion zone. Further, public comment has 
not revealed any additional monitoring and mitigation measures that 
could be feasibly implemented to increase the effectiveness of 
detection.
    NSF and L-DEO are receptive to incorporating proven technologies 
and techniques to enhance the current monitoring and mitigation 
program. Until proven technological advances are made, nighttime 
mitigation measures during operations include combinations of the use 
of PSOs for ramp-ups, passive acoustic monitoring, night vision devices 
provided to PSOs, and continuous shooting of a mitigation airgun. 
Should the airgun array be powered-down the operation of a single 
airgun would continue to serve as a sound deterrent to marine mammals. 
In the event of a complete shut-down of the airgun array at night for 
mitigation or repairs, L-DEO suspends the data collection until 30 
minutes after nautical twilight-dawn (when PSOs are able clear the 
exclusion zone). L-DEO will not activate the airguns until the entire 
exclusion zone is visible and free of marine mammals for at least 30 
minutes.
    In cooperation with NMFS, L-DEO will be conducting efficacy 
experiments of night vision devices during a future Langseth cruise. In 
addition, in response to a recommendation from NMFS, L-DEO is 
evaluating the use of forward-looking thermal imaging cameras to 
supplement nighttime monitoring and mitigation practices. During other 
seismic and seafloor mapping surveys throughout the world, L-DEO has 
successfully used these devices while conducting nighttime seismic 
operations.
    Comment 5: The Commission recommends that NMFS consult with the 
relevant entities (i.e., L-DEO, NSF, U.S. Geological Survey [USGS]) to 
develop, validate, and implement a monitoring program that provides a 
scientifically sound, reasonably accurate assessment of the types of 
marine mammal taking and the numbers of marine mammals taken--the 
assessment

[[Page 34073]]

should account for availability and detection biases associated with 
the geophysical survey observers.
    Response: There will be periods of transit time during the cruise, 
and PSOs will be on watch prior to and after the seismic portions of 
the surveys, in addition to during the surveys. The collection of this 
visual observational data by PSOs may contribute to baseline data on 
marine mammals (presence/absence) and provide some generalized support 
for estimated take numbers, but it is unlikely that the information 
gathered from these cruises along would result in any statistically 
robust conclusions for any particular species because of the small 
number of animals typically observed.
    NMFS acknowledges the Commission's recommendations and is open to 
further coordination with the Commission, NSF (the vessel owner) and L-
DEO (the ship operator on behalf of NSF), to develop, validate, and 
implement a monitoring program that will provide or contribute towards 
a more scientifically sound and reasonably accurate assessment of the 
types of marine mammal taking and the number of marine mammals taken.
    For clarification purposes, USGS is not participating or involved 
in L-DEO's action (i.e., the science endeavor) that has been funded by 
NSF. USGS is a separate Federal agency that is part of the Department 
of Interior, while NSF is an independent Federal agency.
    Comment 6: Several private citizens opposed the issuance of the IHA 
by NMFS and the conduct of the marine seismic survey in the northeast 
Atlantic Ocean by L-DEO and NSF. The commenters state that they do not 
support the use of government funds to conduct a seismic survey for oil 
and gas purposes in the Atlantic Ocean or anywhere else. The commenters 
state that numerous strandings and deaths of marine mammals are linked 
to acoustic trauma caused by activities using seismic airguns and 
sonar. The airguns pose serious threats to endangered North Atlantic 
right, humpback, sei, fin, blue, and sperm whales. They also believe 
that using lookouts (i.e., PSOs) for marine mammals is ineffective, 
especially since the activities will be occurring in deep waters where 
deep-diving animals spend most of their lives underwater and not on the 
surface where they cannot be detected.
    Response: L-DEO's planned seismic survey is not being conducted for 
oil and gas exploration purposes, it is for academic science and 
research. As described in detail in the Federal Register notice for the 
proposed IHA (78 FR 17359, March 21, 2013), as well as in this 
document, NMFS does not believe that L-DEO's marine seismic survey 
would cause injury, serious injury, or mortality to marine mammals, nor 
are those authorized under the IHA. The required monitoring and 
mitigation measures that L-DEO would implement during the seismic 
survey would further reduce the adverse effect on marine mammals to the 
lowest levels practicable. NMFS anticipates only behavioral disturbance 
to occur during the conduct of the seismic survey. L-DEO's planned 
activities is for scientific research purposes, it is not for oil and 
gas exploration or considered a military readiness activity.

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

    Thirty-nine marine mammal species (36 cetaceans [whales, dolphins, 
and porpoises]) (29 odontocetes and 7 mysticetes] and 3 pinnipeds 
[seals and sea lions]) are known to or could occur in the eastern North 
Atlantic 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 North Atlantic right (Eubalaena glacialis), 
humpback (Megaptera novaeangliae), sei (Balaenoptera borealis), fin 
(Balaenoptera physalus), blue (Balaenoptera musculus), and sperm 
(Physeter macrocephalus) whales. Nine cetacean species, although 
present in the wider eastern North Atlantic ocean, likely would not be 
found near the study area at approximately 42[deg] North because their 
ranges generally do not extend south of approximately 45[deg] North in 
the northeastern Atlantic waters (i.e., Atlantic white-sided dolphin 
[Lagenorhynchus acutus] and white-beaked dolphin [Lagenorhynchus 
albirostris]), or their ranges in the northeast Atlantic ocean 
generally do not extend north of approximately 20[deg] North (Clymene 
dolphin [Stenella clymene]), 30[deg] North (Fraser's dolphin 
[Lagenodelphis hosei]), 34 [deg] North (spinner dolphin [Stenella 
longirostris]), 35 [deg] North (melon-headed whale [Peponocephala 
electra]), 37 [deg] North (rough-toothed dolphin [Steno bredandensis]), 
or 40 [deg] North (Bryde's whale [Balaenoptera brydei] and pantropical 
spotted dolphin [Stenella attenuata]). Although Spitz et al. (2011) 
reported two strandings records of melon-headed whales for the Bay of 
Biscay, this species will not be discussed further, as it is unlikely 
to occur in the survey area.
    The harbor porpoise (Phocoena phocoena) does not occur in deep 
offshore waters. No harbor porpoise were detected visually or 
acoustically during summer surveys off the continental shelf in the 
Biscay Bay area during 1989 and 2007 (Lens, 1991; Basto d'Andrade, 
2008; Anonymous, 2009). Pinniped species are also not known to occur in 
the deep waters of the survey area.
    General information on the taxonomy, ecology, distribution, and 
movements, and acoustic capabilities of marine mammals are given in 
sections 3.6.1 and 3.7.1 of the ``Final Programmatic Environmental 
Impact Statement/Overseas Environmental Impact Statement for Marine 
Seismic Research Funded by the National Science Foundation or Conducted 
by the U.S. Geological Survey'' (NSF/USGS PEIS). One of the qualitative 
analysis areas defined in the PEIS is on the Mid-Atlantic Ridge, at 
26[deg] North, 40 [deg] West, approximately 2,800 km (1,511.9 nmi) from 
the survey area. The general distribution of mysticetes and odontocetes 
in the North Atlantic Ocean is discussed in sections 3.6.3.4 and 
3.7.3.4 of the NSF/USGS PEIS, respectively. The rest of this section 
deals specifically with species distributions off the north and west 
coast of the Iberian Peninsula.
    Several systematic surveys have been conducted in the Bay of Biscay 
area, which has been found to be one of the most productive areas and 
the center of highest cetacean diversity in the northeast Atlantic 
Ocean (Hoyt, 2005). The second North Atlantic Sightings Survey (NASS) 
occurred in waters off the continental shelf from the southern U.K. to 
northern Spain in July to August, 1989 (Lens, 1991). The Cetacean 
Offshore Distribution and Abundance in the European Atlantic (CODA) 
included surveys from the U.K. to southern Spain during July, 2007 
(Basto d'Andrade, 2008; Anonymous, 2009). Additional information is 
available from coastal surveys off northwest Spain (e.g., Lopez et al., 
2003), and sighting records off western central (Brito et al., 2009) 
and southern Portugal (Castor et al., 2010). Records from the Ocean 
Biogeographic Information System (OBIS) database hosted by Rutgers and 
Duke University (Read et al., 2009) were also included. Table 1 (below) 
presents information on the abundance, distribution, population status, 
and conservation status of the species of marine mammals that may occur 
in the study area during June to July, 2013.

[[Page 34074]]



  Table 1--The Habitat, Regional Abundance, and Conservation Status of Marine Mammals That May Occur In or Near
                             the Seismic Survey Area in the Northeast Atlantic Ocean
                       [See text and Table 3 in L-DEO's application for further details.]
----------------------------------------------------------------------------------------------------------------
                                                  Population estimate in the
           Species                  Habitat             North Atlantic             ESA\1\           MMPA \2\
----------------------------------------------------------------------------------------------------------------
                                                   Mysticetes
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale     Pelagic, shelf    396 \3\....................  EN..............  D.
 (Eubalaena glacialis).         and coastal.
Humpback whale (Megaptera      Mainly            11,570 \4\.................  EN..............  D.
 novaeangliae).                 nearshore,
                                banks.
Minke whale (Balaenoptera      Pelagic and       121,000 \5\................  NL..............  NC.
 acutorostrata).                coastal.
Sei whale (Balaenoptera        Primarily         12,000 to 13,000 \6\.......  EN..............  D.
 borealis).                     offshore,
                                pelagic.
Fin whale (Balaenoptera        Continental       24,887 \7\.................  EN..............  D.
 physalus).                     slope, pelagic.
Blue whale (Balaenoptera       Pelagic, shelf,   937\8\.....................  EN..............  D.
 musculus).                     coastal.
----------------------------------------------------------------------------------------------------------------
                                                   Odontocetes
----------------------------------------------------------------------------------------------------------------
Sperm whale (Physeter          Pelagic, deep     13,190 \9\.................  EN..............  D.
 macrocephalus).                sea.
Pygmy sperm whale (Kogia       Deep waters off   395 \3,10\.................  NL..............  NC.
 breviceps).                    the shelf.
Dwarf sperm whale (Kogia       Deep waters off                                NL..............  NC.
 sima).                         the shelf.
Cuvier's beaked whale          Slope and         6,992 \11\.................  NL..............  NC.
 (Ziphius cavirostris).         Pelagic.         100,000 \12\...............
Northern bottlenose whale      Pelagic.........  40,000 \13\................  NL..............  NC.
 (Hyperoodon ampullatus).
True's beaked whale            Pelagic.........  6,992 \11\.................  NL..............  NC.
 (Mesoplodon mirus).
Gervais' beaked whale          Pelagic.........  6,992 \11\.................  NL..............  NC.
 (Mesoplodon europaeus).
Sowerby's beaked whale         Pelagic.........  6,992 \11\.................  NL..............  NC.
 (Mesoplodon bidens).
Blainville's beaked whale      Pelagic.........  6,992 \11\.................  NL..............  NC.
 (Mesoplodon densirostris).
Bottlenose dolphin (Tursiops   Coastal,          19,295 \14\................  NL..............  NC D--Western
 truncatus).                    oceanic, shelf                                                   North Atlantic
                                break.                                                           coastal.
Atlantic spotted dolphin       Shelf, offshore.  50,978 \3\.................  NL..............  NC.
 (Stenella frontalis).
Striped dolphin (Stenella      Off continental   67,414 \14\................  NL..............  NC.
 coeruleoalba).                 shelf.
Short-beaked common dolphin    Shelf, pelagic,   116,709 \14\...............  NL..............  NC.
 (Delphinus delphis).           seamounts.
Risso's dolphin (Grampus       Deep water,       20,479 \3\.................  NL..............  NC.
 griseus).                      seamounts.
Pygmy killer whale (Feresa     Pelagic.........  NA.........................  NL..............  NC.
 attenuata).
False killer whale (Pseudorca  Pelagic.........  NA.........................  NL..............  NC.
 crassidens).
Killer whale (Orcinus orca)..  Pelagic, shelf,   NA.........................  NL EN--Southern   NC D--Southern
                                coastal.                                       resident.         resident, AT1
                                                                                                 transient.
Short-finned pilot whale.....  Pelagic, shelf    780,000 \15\...............  NL..............  NC.
(Globicephala macrorhynchus).   coastal.
Long-finned pilot whale        Mostly pelagic..                               NL..............  NC.
 (Globicephala melas).
----------------------------------------------------------------------------------------------------------------
NA = Not available or not assessed.
\1\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\2\ U.S. Marine Mammal Protection Act: D = Depleted, NC = Not Classified.
\3\ Western North Atlantic, in U.S. and southern Canadian waters (Waring et al., 2012).
\4\ Likely negatively biased (Stevick et al., 2003).
\5\ Central and Northeast Atlantic (IWC, 2012).
\6\ North Atlantic (Cattanach et al., 1993).
\7\ Central and Northeast Atlantic (Vikingsson et al., 2009).
\8\ Central and Northeast Atlantic (Pike et al., 2009).
\9\ For the northeast Atlantic, Faroes-Iceland, and the U.S. east coast (Whitehead, 2002).
\10\ Both Kogia species.
\11\ For all beaked whales (Anonymous, 2009).
\12\ Worldwide estimate (Taylor et al., 2008).

[[Page 34075]]

 
\13\ Eastern North Atlantic (NAMMCO, 1995).
\14\ European Atlantic waters beyond the continental shelf (Anonymous, 2009).
\15\ Globicephala spp. combined, Central and Eastern North Atlantic (IWC, 2012).

    Refer to sections 3 and 4 of L-DEO's application for detailed 
information regarding the abundance and distribution, population 
status, and life history and behavior of these other marine mammal 
species and their occurrence in the project area. The application also 
presents how L-DEO 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 planned 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 described here, some behavioral 
disturbance is expected, but NMFS expects the disturbance to be 
localized and short-term. NMFS described the range of potential effects 
from the activity in the notice of the proposed IHA (78 FR 17359, March 
21, 2013). A more comprehensive review of these issues can be found in 
the NSF/USGS (2011).
    The notice of the proposed IHA (78 FR 17359, March 21, 2013) 
included a discussion of the effects of sounds from airguns on 
mysticetes and odontocetes including tolerance, masking, behavioral 
disturbance, hearing impairment, and other non-auditory physical 
effects. NMFS refers the reader to L-DEO'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

    NMFS included a detailed discussion of the potential effects of 
this action on marine mammal habitat, including physiological and 
behavioral effects on marine fish and invertebrates in the notice of 
the proposed IHA (78 FR 17359, March 21, 2013). The seismic survey will 
not result in any permanent impact on habitats used by the marine 
mammals in the survey area, including the food sources they use (i.e., 
fish and invertebrates), and there will be no physical damage to any 
habitat. 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 was considered in further detail in the notice of the proposed 
IHA (78 FR 17359, March 21, 2013), as behavioral modification. The main 
impact associated with the activity will be temporarily elevated noise 
levels and the associated direct effects on marine mammals.

Mitigation

    In order to issue an Incidental Take Authorization (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 certain subsistence uses.
    L-DEO has reviewed the following source documents and has 
incorporated a suite of appropriate mitigation measures into their 
project description.
    (1) Protocols used during previous NSF and USGS-funded seismic 
research cruises as approved by NMFS and detailed in the recently 
completed ``Final Programmatic Environmental Impact Statement/Overseas 
Environmental Impact Statement for Marine Seismic Research Funded by 
the National Science Foundation or Conducted by the U.S. Geological 
Survey;''
    (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, L-DEO and/or its designees shall 
implement the following mitigation measures for marine mammals:
    (1) Planning phase mitigation;
    (2) Exclusion zones around the airgun(s);
    (3) Power-down procedures;
    (4) Shut-down procedures;
    (5) Ramp-up procedures; and
    (6) Special procedures for situations or species of concern.
    Planning Phase--Mitigation of potential impacts from the planned 
activities begins during the planning phases of the planned activities. 
Part of the considerations was whether the research objectives could be 
met with a smaller source than the full, 36-airgun array (6,600 in\3\) 
used on the Langseth, and it was decided that the scientific objectives 
could be met using two 18-airgun arrays, operating in ``flip-flop'' 
mode, and towed at a depth of approximately 9 m. Thus, the source 
volume will not exceed 3,300 in\3\ at any time.
    Exclusion Zones--L-DEO use radii to designate exclusion and buffer 
zones and to estimate take for marine mammals. Table 2 (see below) 
shows the distances at which one would expect marine mammal exposures 
to received sound levels (160 and 180/190 dB) from the 18 airgun array 
and a single airgun. (The 180 dB level shut-down criteria are 
applicable to cetaceans as specified by NMFS [2000].) L-DEO used these 
levels to establish the exclusion and buffer zones.
    Received sound levels have been modeled by L-DEO for a number of 
airgun configurations, including the 18 airguns, in relation to 
distance and direction from the airguns (see Figures 2 and 3 of the IHA 
application). The model does not allow for bottom interaction, and is 
most directly applicable to deep water. Based on the modeling, 
estimates, of the maximum distances from the airguns where sound levels 
are predicted to be 180, and 160 dB re 1 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-

[[Page 34076]]

DEO in the northern GOM in 2003 (Tolstoy et al., 2004) and 2007 to 2008 
(Tolstoy et al., 2009). 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). The 180 dB (rms) radius is the shut-down criteria 
applicable to cetaceans as specified by NMFS (2000); these levels were 
used to establish exclusion zones. Therefore, the assumed 180 dB radii 
are 568 m (1,863.5 ft), respectively. If the PSO detects a marine 
mammal(s) within or about to enter the appropriate exclusion zone, the 
airguns will be shut-down immediately.
    Table 2 summarizes the predicted distances at which sound levels 
(160 and 180 dB [rms]) are expected to be received from the 18 airgun 
array and a single airgun operating in deep water depths.

 Table 2--Measured (Array) or Predicted (Single Airgun) Distances to Which Sound Levels >= 180 and 160 dB re: 1
  [mu]Pa (rms) Could Be Received in Deep Water During the Survey in the Northeast Atlantic Ocean, June to July,
                                                      2013.
----------------------------------------------------------------------------------------------------------------
                                                                           Predicted RMS radii distances (m)
     Sound source and volume         Tow depth (m)    Water depth (m) ------------------------------------------
                                                                              180 dB                160 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun (40 in\3\)....                 9            >1,000  100 m (328.1 ft)....  385 m (1,263.1 ft)
18 airguns (3,300 in\3\).........                 9            >1,000  568 m (1,863.5 ft)..  4,550 m (14,927.8
                                                                                              ft)
----------------------------------------------------------------------------------------------------------------

    If the Protected Species Visual Observer (PSVO) detects marine 
mammal(s) within or about to enter the appropriate exclusion zone, the 
Langseth crew will immediately power-down the airgun array, or perform 
a shut-down if necessary (see ``Shut-down Procedures'').
    Power-down Procedures--A power-down involves decreasing the number 
of airguns in use to one airgun, such that the radius of the 180 dB 
zone is decreased to the extent that the observed marine mammal(s) are 
no longer in or about to enter the exclusion zone for the full airgun 
array. A power-down of the airgun array can also occur when the vessel 
is moving from the end of one seismic trackline to the start of the 
next trackline. During a power-down for mitigation, L-DEO will operate 
one airgun. The continued operation of one airgun is intended to (a) 
alert marine mammals to the presence of the seismic vessel in the area; 
and, (b) retain the option of initiating a ramp-up to full operations 
under poor visibility conditions. In contrast, a shut-down occurs when 
all airgun activity is suspended.
    If the PSVO detects a marine mammal outside the exclusion zone and 
is likely to enter the exclusion zone, L-DEO will power-down the 
airguns to reduce the size of the 180 dB exclusion zone before the 
animal is within the exclusion zone. Likewise, if a mammal is already 
within the exclusion zone, when first detected L-DEO will power-down 
the airguns immediately. During a power-down of the airgun array, L-DEO 
will operate the single 40 in\3\ airgun, which has a smaller exclusion 
zone. If the PSVO detects a marine mammal within or near the smaller 
exclusion zone around that single airgun (see Table 1), L-DEO will 
shut-down the airgun (see next section).
    Resuming Airgun Operations After a Power-down--Following a power-
down, the Langseth will not resume full airgun activity until the 
marine mammal has cleared the 180 dB exclusion zone (see Table 2). The 
PSO will consider the animal to have cleared the exclusion zone if:
     The observer has visually observed the animal leave the 
exclusion zone, or
    An observer has not sighted the animal within the exclusion zone 
for 15 minutes for species with shorter dive durations (i.e., small 
odontocetes or pinnipeds), or 30 minutes for species with longer dive 
durations (i.e., mysticetes and large odontocetes, including sperm, 
pygmy sperm, dwarf sperm, and beaked whales); The Langseth crew will 
resume operating the airguns at full power after 15 minutes of sighting 
any species with short dive durations (i.e., small odontocetes or 
pinnipeds). Likewise, the crew will resume airgun operations at full 
power after 30 minutes of sighting any species with longer dive 
durations (i.e., mysticetes and large odontocetes, including sperm, 
pygmy sperm, dwarf sperm, and beaked whales).
    Because the vessel has transited away from the vicinity of the 
original sighting during the 8 minute period, implementing ramp-up 
procedures for the full array after an extended power-down (i.e., 
transiting for an additional 35 minutes from the location of initial 
sighting) would not meaningfully increase the effectiveness of 
observing marine mammals approaching or entering the exclusion zone for 
the full source level and would not further minimize the potential for 
take. The Langseth's PSOs are continually monitoring the exclusion zone 
for the full source level while the mitigation airgun is firing. On 
average, PSOs can observe to the horizon (10 km or 5.4 nmi) from the 
height of the Langseth's observation deck and should be able to state 
with a reasonable degree of confidence whether a marine mammal would be 
encountered within this distance before resuming airgun operations at 
full power.
    Shut-down Procedures--L-DEO will shut-down the operating airgun(s) 
if a marine mammal is seen within or approaching the exclusion zone for 
the single airgun. L-DEO will implement a shut-down:
    (1) If an animal enters the exclusion zone of the single airgun 
after L-DEO has initiated a power-down; or
    (2) If an animal is initially seen within the exclusion zone of the 
single airgun when more than one airgun (typically the full airgun 
array) is operating (and it is not practical or adequate to reduce 
exposure to less than 180 dB [rms]).
    Resuming Airgun Operations After a Shut-down--Following a shut-down 
in excess of 8 minutes, the Langseth crew will initiate a ramp-up with 
the smallest airgun in the array (40 in\3\). The crew will turn on 
additional airguns in a sequence such that the source level of the 
array will increase in steps not exceeding 6 dB per five-minute period 
over a total duration of approximately 30 minutes. During ramp-up, the 
PSOs will monitor the exclusion zone, and if he/she sights a marine 
mammal, the Langseth crew will implement a power-down or shut-down as 
though the full airgun array were operational.
    During periods of active seismic operations, there are occasions 
when the Langseth crew will need to temporarily shut-down the airguns 
due to equipment failure or for maintenance. In this case, if the 
airguns are inactive longer than eight minutes, the crew will follow 
ramp-up procedures for a shut-down described earlier and the PSOs will 
monitor the full exclusion zone and

[[Page 34077]]

will implement a power-down or shut-down if necessary.
    If the full exclusion zone is not visible to the PSO for at least 
30 minutes prior to the start of operations in either daylight or 
nighttime, the Langseth crew will not commence ramp-up unless at least 
one airgun (40 in\3\ or similar) has been operating during the 
interruption of seismic survey operations. Given these provisions, it 
is likely that the vessel's crew will not ramp-up the airgun array from 
a complete shut-down at night or in thick fog, because the outer part 
of the zone for that array will not be visible during those conditions.
    If one airgun has operated during a power-down period, 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. The vessel's crew will not initiate ramp-up of the airguns if a 
marine mammal is sighted within or near the applicable exclusion zones 
during the day or close to the vessel at night.
    Ramp-up Procedures--Ramp-up of an airgun array provides a gradual 
increase in sound levels, and involves a step-wise increase in the 
number and total volume of airguns firing until the full volume of the 
airgun array is achieved. The purpose of a ramp-up is to ``warn'' 
marine mammals in the vicinity of the airguns, and to provide the time 
for them to leave the area and thus avoid any potential injury or 
impairment of their hearing abilities. L-DEO will follow a ramp-up 
procedure when the airgun array begins operating after an 8 minute 
period without airgun operations or when a shut-down has exceeded that 
period. L-DEO has used similar periods (approximately 8 to 10 min) 
during previous L-DEO surveys.
    Ramp-up will begin with the smallest airgun in the array (40 
in\3\). Airguns will be added in a sequence such that the source level 
of the array will increase in steps not exceeding six dB per five 
minute period over a total duration of approximately 35 minutes. During 
ramp-up, the PSOs will monitor the exclusion zone, and if marine 
mammals are sighted, L-DEO will implement a power-down or shut-down as 
though the full airgun array were operational.
    If the complete exclusion zone has not been visible for at least 30 
minutes prior to the start of operations in either daylight or 
nighttime, L-DEO will not commence the ramp-up unless at least one 
airgun (40 in\3\ or similar) has been operating during the interruption 
of seismic survey operations. Given these provisions, it is likely that 
the airgun array will not be ramped-up from a complete shut-down at 
night or in thick fog, because the outer part of the exclusion zone for 
that array will not be visible during those conditions. If one airgun 
has operated during a power-down period, 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. L-DEO will not 
initiate a ramp-up of the airguns if a marine mammal is sighted within 
or near the applicable exclusion zones.

Use of a Small-Volume Airgun During Turns and Maintenance

    Throughout the seismic survey, particularly during turning 
movements, and short-duration equipment maintenance activities, L-DEO 
will employ the use of a small-volume airgun (i.e., 40 in\3\ 
``mitigation airgun'') to deter marine mammals from being within the 
immediate area of the seismic operations. The mitigation airgun would 
be operated at approximately one shot per minute and would not be 
operated for longer than three hours in duration (turns may last two to 
three hours for the project).
    During turns or brief transits (e.g., less than three hours) 
between seismic tracklines, one mitigation airgun will continue 
operating. The ramp-up procedure will still be followed when increasing 
the source levels from one airgun to the full airgun array. However, 
keeping one airgun firing will avoid the prohibition of a ``cold 
start'' during darkness or other periods of poor visibility. Through 
use of this approach, seismic operations may resume without the 30 
minute observation period of the full exclusion zone required for a 
``cold start,'' and without ramp-up if operating with the mitigation 
airgun for under 8 minutes. PSOs will be on duty whenever the airguns 
are firing during daylight, during the 30 minute periods prior to ramp-
ups.
    Special Procedures for Situations or Species of Concern--It is 
unlikely that a North Atlantic right whale would be encountered, but if 
so, the airguns will be shut-down immediately if one is sighted at any 
distance from the vessel because of its rarity and conservation status. 
The airgun array shall not resume firing until 30 minutes after the 
last documented whale visual sighting. Concentrations of humpback, sei, 
fin, blue, and/or sperm whales will be avoided if possible (i.e., 
exposing concentrations of animals to 160 dB), and the array will be 
powered-down if necessary. For purposes of this planned survey, a 
concentration or group of whales will consist of three or more 
individuals visually sighted that do not appear to be traveling (e.g., 
feeding, socializing, etc.).
    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 
adverse 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.

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

    L-DEO will conduct marine mammal monitoring during the seismic 
survey, in order to implement the mitigation measures that require 
real-time monitoring. L-DEO'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 region. L-DEO 
is prepared to discuss coordination of their monitoring program with 
any related work that might be done by other groups insofar as this is 
practical and desirable.

Vessel-Based Visual Monitoring

    L-DEO's PSVOs 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 of the airguns at

[[Page 34078]]

night. PSVOs will also watch for marine mammals near the seismic vessel 
for at least 30 minutes prior to the start of airgun operations after 
an extended shut-down (i.e., greater than approximately 8 minutes for 
this cruise). When feasible, PSVOs will conduct observations during 
daytime periods when the seismic system is not operating (such as 
during transits) for comparison of sighting rates and behavior with and 
without airgun operations and between acquisition periods. Based on 
PSVO observations, the airguns will be powered-down or shut-down when 
marine mammals are observed within or about to enter a designated 
exclusion zone.
    During seismic operations in the northeast Atlantic Ocean off of 
Spain, at least five PSOs (four PSVOs and one Protected Species 
Acoustic Observer [PSAO]) will be based aboard the Langseth. L-DEO will 
appoint the PSOs with NMFS's concurrence. Observations will take place 
during ongoing daytime operations and nighttime ramp-ups of the 
airguns. During the majority of seismic operations, two PSVOs will be 
on duty from the observation tower (i.e., the best available vantage 
point on the source vessel) to monitor marine mammals near the seismic 
vessel. Use of two simultaneous PSVOs will increase the effectiveness 
of detecting animals near the source vessel. However, during meal times 
and bathroom breaks, it is sometimes difficult to have two PSVOs on 
effort, but at least one PSVO will be on duty. PSVO(s) will be on duty 
in shifts no longer than 4 hours in duration.
    Two PSVOs will also be on visual watch during all daytime ramp-ups 
of the seismic airguns. A third PSAO will monitor the PAM equipment 24 
hours a day to detect vocalizing marine mammals present in the action 
area. In summary, a typical daytime cruise would have scheduled two 
PSVOs on duty from the observation tower, and a third PSAO on PAM. 
Other crew will also be instructed to assist in detecting marine 
mammals and implementing mitigation requirements (if practical). Before 
the start of the seismic survey, the crew will be given additional 
instruction on how to do so.
    The Langseth is a suitable platform for marine mammal observations. 
When stationed on the observation platform, the eye level will be 
approximately 21.5 m (70.5 ft) above sea level, and the PSVO will have 
a good view around the entire vessel. During daytime, the PSVO(s) will 
scan the area around the vessel systematically with reticle binoculars 
(e.g., 7 x 50 Fujinon), Big-eye binoculars (25 x 150), and with the 
naked eye. During darkness, night vision devices will be available (ITT 
F500 Series Generation 3 binocular--image intensifier or equivalent), 
when required. Laser range-finding binoculars (Leica LRF 1200 laser 
rangefinder or equivalent) will be available to assist with distance 
estimation.
    When marine mammals are detected within or about to enter the 
designated exclusion zone, the airguns will immediately be powered-down 
or shut-down if necessary. The PSVO(s) will continue to maintain watch 
to determine when the animal(s) are outside the exclusion zone by 
visual confirmation. Airgun operations will not resume until the animal 
is confirmed to have left the exclusion zone, or if not observed after 
15 minutes for species with shorter dive durations (small odontocetes 
and pinnipeds) or 30 minutes for species with longer dive durations 
(mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf 
sperm, killer, and beaked whales).

Vessel-Based Passive Acoustic Monitoring

    Vessel-based, towed PAM will complement the visual monitoring 
program, when practicable. PAM can be used in addition to visual 
observations to improve detection, identification, and localization of 
cetaceans. The PAM will serve to alert visual observers (if on duty) 
when vocalizing cetaceans are detected. It is only useful when marine 
mammals call, but it does not depend on good visibility. It will be 
monitored in real time so that the PSVOs can be advised when cetaceans 
are detected.
    One PSAO, an expert bioacoustician (in addition to the four PSVOs) 
with primary responsibility for PAM, will be onboard the Langseth. The 
towed hydrophones will ideally be monitored by the PSAO 24 hours per 
day while at the seismic survey area during airgun operations, and 
during most periods when the Langseth is underway while the airguns are 
not operating. However, PAM may not be possible if damage occurs to the 
array or back-up systems during operations. The primary PAM streamer on 
the Langseth is a digital hydrophone streamer. Should the digital 
streamer fail, back-up systems should include an analog spare streamer 
and a hull-mounted hydrophone. One PSAO will monitor the acoustic 
detection system by listening to the signals from two channels via 
headphones and/or speakers and watching the real-time spectrographic 
display for frequency ranges produced by cetaceans. The PSAO monitoring 
the acoustical data will be on shift for one to six hours at a time. 
All PSOs are expected to rotate through the PAM position, although the 
expert PSAO (most experienced) will be on PAM duty more frequently.
    When a vocalization is detected while visual observations (during 
daylight) are in progress, the PSAO will contact the PSVO immediately, 
to alert him/her to the presence of cetaceans (if they have not already 
been seen), and to allow a power-down or shut-down to be initiated, if 
required. When bearings (primary and mirror-image) to calling 
cetacean(s) are determined, the bearings will be relayed to the PSVO(s) 
to help him/her sight the calling animal. During non-daylight hours, 
when a cetacean is detected by acoustic monitoring and may be close to 
the source vessel, the Langseth crew will be notified immediately so 
that the proper mitigation measure may be implemented.
    The information regarding the call will be entered into a database. 
Data entry will include an acoustic encounter identification number, 
whether it was linked with a visual sighting, date, time when first and 
last heard and whenever any additional information was recorded, 
position and water depth when first detected, bearing if determinable, 
species or species group (e.g., unidentified dolphin, sperm whale), 
types and nature of sounds heard (e.g., clicks, continuous, sporadic, 
whistles, creaks, burst pulses, strength of signal, etc.), and any 
other notable information. The acoustic detection can also be recorded 
for further analysis.

Reporting

PSO Data and Documentation

    PSVOs 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. They will also 
provide information needed to order a power-down or shut-down of the 
airguns when a marine mammal is within or near the exclusion zone. 
Observations will also be made during daytime periods when the Langseth 
is underway without seismic operations. There will also be 
opportunities to collect baseline biological data during the transits 
to, from, and through the study area.
    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

[[Page 34079]]

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, 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 and ramp-ups, power-downs, or shut-downs will be 
recorded in a standardized format. The PSOs will record this 
information onto datasheets. During periods between watches and periods 
when operations are suspended, those data will be entered into a laptop 
computer running a custom computer database. The accuracy of the data 
entry will be verified by computerized data validity checks as the data 
are entered and by subsequent manual checking of the database. These 
procedures will allow initial summaries of data to be prepared during 
and shortly after the field program, and will facilitate transfer of 
the data to statistical, graphical, and other programs for further 
processing and archiving.
    Results from the vessel-based observations will provide:
    1. The basis for real-time mitigation (airgun power-down or 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.
    L-DEO will submit a comprehensive 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 monitoring. The 90-day 
report will summarize the dates and locations of seismic operations, 
and all marine mammal sightings (i.e., dates, times, locations, 
activities, associated seismic survey activities, and associated PAM 
detections). The report will minimally include:
     Summaries of monitoring effort--total hours, total 
distances, and distribution of marine mammals through the study period 
accounting for Beaufort sea state and other factors affecting 
visibility and detectability of marine mammals;
     Analyses of the effects of various factors influencing 
detectability of marine mammals including Beaufort sea state, number of 
PSOs, and fog/glare;
     Species composition, occurrence, and distribution of 
marine mammals sightings including date, water depth, numbers, age/
size/gender, and group sizes; and analyses of the effects of seismic 
operations;
     Sighting rates of marine mammals during periods with and 
without airgun activities (and other variables that could affect 
detectability);
     Initial sighting distances versus airgun activity state;
     Closest point of approach versus airgun activity state;
     Observed behaviors and types of movements versus airgun 
activity state;
     Numbers of sightings/individuals seen versus airgun 
activity state; and
     Distribution around the source vessel versus airgun 
activity state.
    The report will also include estimates of the number and nature of 
exposures that could result in ``takes'' of marine mammals by 
harassment or in other ways. After the report is considered final, it 
will be publicly available on the NMFS and NSF Web sites at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#iha and http://www.nsf.gov/geo/oce/encomp/index.jsp.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner not permitted by the 
authorization (if issued), such as an injury, serious injury, or 
mortality (e.g., ship-strike, gear interaction, and/or entanglement), 
the L-DEO shall immediately cease the specified activities and 
immediately report the incident to the Incidental Take Program 
Supervisor, Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and/or by email to 
[email protected] and [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 used 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 animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    L-DEO shall not resume its activities until NMFS is able to review 
the circumstances of the prohibited take. NMFS shall work with L-DEO to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The L-DEO may not resume 
their activities until notified by NMFS via letter, email, or 
telephone.
    In the event that L-DEO 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 NMFS describes in the next 
paragraph), the L-DEO will immediately report the incident to the 
Incidental Take Program Supervisor, Permits and Conservation Division, 
Office of Protected Resources, at 301-427-8401 and/or by email to 
[email protected] and [email protected]. The report must 
include the same information identified in the paragraph above this 
section. Activities may continue while NMFS reviews the circumstances 
of the incident. NMFS will work with the L-DEO to determine whether 
modifications in the activities are appropriate.
    In the event that L-DEO 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 authorized activities (e.g., previously wounded 
animal, carcass with moderate to advanced decomposition, or scavenger 
damage), the L-DEO would report the incident to the Incidental Take 
Program Supervisor, Permits and Conservation Division, Office or 
Protected Resources, at 301-427-8401 and/or by email to 
[email protected] and [email protected], within 24 hours 
of the discovery. The L-DEO would provide photographs or video footage 
(if available) or other documentation of the stranded animal sighting 
to NMFS.

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

[[Page 34080]]

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].
    Level B harassment is anticipated and authorized as a result of the 
marine seismic survey in the northeast Atlantic Ocean. Acoustic stimuli 
(i.e., increased underwater sound) generated during the operation of 
the seismic airgun array are expected to result in the behavioral 
disturbance of some marine mammals. There is no evidence that the 
planned activities could result in injury, serious injury, or mortality 
for which L-DEO seeks the IHA. The required mitigation and monitoring 
measures will minimize any potential risk for injury, serious injury, 
or mortality.
    The following sections describe L-DEO'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 in the northeast Atlantic Ocean. The estimates are based on a 
consideration of the number of marine mammals that could be harassed by 
seismic operations with the 18 airgun array to be used. The size of the 
2D and 3D seismic survey area in 2013 is approximately 5,834 km 
(3,150.1 nmi), as depicted in Figure 1 of the IHA application.
    L-DEO assumes that, during simultaneous operations of the airgun 
array and the other sources, any marine mammals close enough to be 
affected by the multibeam echosounder and sub-bottom profiler 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 multibeam echosounder and sub-bottom profiler given 
their characteristics (e.g., narrow, downward-directed beam) and other 
considerations described previously in the notice of the proposed IHA 
(78 FR 17359, March 21, 2013). Such reactions are not considered to 
constitute ``taking'' (NMFS, 2001). Therefore, L-DEO provided no 
additional allowance for animals that could be affected by sound 
sources other than airguns.
    L-DEO used densities presented in the CODA final report for surveys 
off northwest Spain in 2007 (Anonymous, 2009; Macleod et al., 2009) to 
estimate how many animals could be exposed during the survey. The 
density reported for ``unidentified large whale'' was allocated to the 
humpback whale because there have been a number of sightings of 
humpback whales off northwest Spain, although none were sighted in the 
CODA surveys and most other large whales were. Macleod et al. (2008) 
did not provide densities for beaked whale species, only ``beaked 
whales,'' therefore the density for beaked whales was allocated to 
Cuvier's beaked whale, as this was the most numerous species of beaked 
whale sighted during surveys off northwest Spain (see Basto d'Anstrade, 
2008). Also, the CODA report (Anonymous, 2008) discussed two predicted 
high-density areas for beaked whales, in the most north-westerly 
section (Sowerby's beaked whale and northern bottlenose whale) and the 
most south-easterly section, the Gulf of Biscay (Cuvier's beaked 
whale). Except for beaked whales and bottlenose dolphins, all reported 
densities were corrected for trackline detection probability 
([fnof][0]) and availability (g[0]) biases by the authors of the CODA 
report. L-DEO chose not to correct the other densities, [fnof](0) and 
g(0) are specific to the location and cetacean habitat. Although there 
is some uncertainty about the representativeness of the data and 
assumptions used in the calculations below. The CODA surveys were in 
July, 2007 (versus June to mid-July, 2013 for the seismic survey), and 
CODA survey block 3, the closest to the planned offshore survey area, 
includes waters closer to shore and is somewhat farther north (43 to 
45[deg] versus 42[deg] North) and extends west to the north of Spain 
towards the Bay of Biscay. The approach used here is believed to be the 
best available approach.
    The estimated numbers of individuals potentially exposed presented 
below are based on the 160 dB (rms) criterion currently used to 
estimate Level B harassment for all cetaceans. It is assumed that 
marine mammals exposed to airgun sounds at that received level could 
change their behavior sufficiently to be considered ``harassment.'' 
Table 3 shows the density estimates calculated as described above and 
the estimates of the number of different individual marine mammals that 
potentially could be exposed to greater than or equal to 160 dB (rms) 
during the seismic survey if no animals moved away from the survey 
vessel. The requested take authorization is given in the far right 
column of Table 3. For species for which densities were not calculated 
as described above, but for which there were Ocean Biogeographic 
Information System (OBIS) sightings around the Azores, L-DEO has 
requested take authorization for the mean group size for the species.
    It should be noted that the following estimates of exposures to 
various sound levels assume that the planned survey would be completed; 
in fact, the esonified areas calculated using the planned number of 
line-kilometers have been increased by 25% to accommodate turns, lines 
that may need to be repeated, equipment testing, etc. As 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. Also, any 
marine mammal sightings within or near the designated exclusion zones 
would result in shut-down of seismic operations as a mitigation 
measure. Thus, the following estimates of the numbers of marine mammals 
potentially exposed to 160 dB (rms) sounds are precautionary and 
probably overestimate the actual numbers of marine mammals that could 
be involved. These estimates assume that there would be no weather, 
equipment, or mitigation delays, which is highly unlikely.
    The number of different individuals that could be exposed to airgun 
sounds with received levels greater than or equal to 160 dB (rms) on 
one or more occasions can be estimated by considering the total marine 
area that would be within the 160 dB (rms) radius around the operating 
seismic source on at least one occasion, along with the expected 
density of animals in the area. The number of possible exposures 
(including repeated exposures of the same individuals) can be estimated 
by considering the total marine area that would be within the 160 dB 
radius around the operating airguns, including areas of overlap. During 
the survey, the transect lines are closely spaced relative to the 160 
dB distance. Thus, the area including overlap is 8.2 times the area 
excluding overlap, so a marine mammal that stayed in the survey area 
during the entire survey could be exposed approximately 8 times, on 
average. However, it is unlikely that a particular animal would stay in 
the area during the entire 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 to that level during airgun 
operations excluding overlap. The area expected to be ensonified 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 zone (see Table

[[Page 34081]]

2) around each seismic line, and then calculating the total area within 
the buffer zone.

   Table 3--Estimated Densities of Marine Mammal Species and Estimates of Numbers of Marine Mammals Exposed to
 Sound Levels >=160 dB During L-DEO's Seismic Survey in the Northeast Atlantic Ocean (in the Deep Galicia Basin
                                       West of Spain), June to July, 2013
----------------------------------------------------------------------------------------------------------------
                                                        Calculated take
                                                         authorization
                                                       [i.e., estimated                           Approximate
                                                           number of      Take authorization     percentage of
                                  Reported/estimated      individuals       with additional      estimated of
             Species              density (/  exposed to sound      25% (includes         regional
                                        km\2\)         levels >= 160 dB    increase to mean       population
                                                        re 1 [micro]Pa]     group size) \2\    (authorized take)
                                                        (includes  25%                                \1\
                                                         contingency)
----------------------------------------------------------------------------------------------------------------
                                                   Mysticetes
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale......                   0                   0                   0                   0
Humpback whale..................               0.001                   8                   2         0.07 (0.02)
Minke whale.....................                   0                   0                   3           0 (<0.01)
Sei whale.......................               0.002                  16                 106          0.13 (0.9)
Fin whale.......................               0.019                 153               1,002         0.62 (4.03)
Blue whale......................                   0                   0                   3            0 (0.32)
----------------------------------------------------------------------------------------------------------------
                                                   Odontocetes
----------------------------------------------------------------------------------------------------------------
Sperm whale.....................               0.003                  24                 159         0.18 (1.21)
Kogia spp. (Pygmy and dwarf                        0                   0                   0               0 (0)
 sperm whale)...................
Cuvier's beaked whale...........               0.004                  32                  32         0.46 (0.46)
Northern bottlenose whale.......                   0                   0                   4            0 (0.01)
Mesoplodon spp. (i.e., True's,                     0                   0                   7             0 (0.1)
 Gervais', Sowerby's, and
 Blainville's beaked whale......
Bottlenose dolphin..............               0.005                  40                  40         0.21 (0.21)
Atlantic spotted dolphin........                   0                   0                   0               0 (0)
Striped dolphin.................               0.047                 378                 378         0.56 (0.56)
Short-beaked common dolphin.....               0.077                 620                 620         0.53 (0.53)
Risso's dolphin.................                   0                   0                   4            0 (0.02)
Pygmy killer whale..............                   0                   0                   0             NA (NA)
False killer whale..............                   0                   0                  10             NA (NA)
Killer whale....................                   0                   0                   5             NA (NA)
Short-finned pilot whale........                   0                   0                   5           0 (<0.01)
Long-finned pilot whale.........               0.001                   8                   8      <0.001 (<0.01)
----------------------------------------------------------------------------------------------------------------
NA = Not available or not assessed.
\1\ Stock sizes are best populations from NMFS Stock Assessment Reports (see Table 2 in above).
\2\ Requested take authorization was increased to mean group size for species for which densities were not
  available but that have been sighted near the survey area.

    Applying the approach described above, approximately 6,437 km\2\ 
(1,876.7 nmi\2\) (approximately 8,046 km\2\ [2,345.8 nmi\2\] including 
the 25% contingency) would be within the 160 dB isopleth on one or more 
occasions during the survey. This approach does not allow for turnover 
in the marine mammal populations in the area during the course of the 
survey, so the actual number of individuals exposed may 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 would move 
away or toward the trackline as the Langseth approaches in response to 
increasing sound levels before the levels reach 160 dB (rms). 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 would be exposed to 
greater than or equal to 160 dB (rms).
    The estimate of the number of individual cetaceans by species 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 (with 25% 
contingency) as follows: 2 humpback, 106 sei, 1,002 fin, 3 blue, and 
159 sperm, which would represent 0.02, 0.9, 4.03, 0.32, and 1.21% of 
the affected regional populations, respectively. In addition, 43 beaked 
whales, (including 32 Cuvier's, 4 northern bottlenose, and 7 Mesoplodon 
beaked whales) could be taken by Level B harassment during the seismic 
survey, which would represent 0.46, 0.01, and 0.1% of the regional 
populations. Most of the cetaceans potentially taken by Level B 
harassment are delphinids; bottlenose, striped, and short-beaked 
common, dolphins, are estimated to be the most common delphinid species 
in the area, with estimates of 40, 378, and 620, which would represent 
0.21, 0.56, and 0.53% of the regional populations, respectively.

Encouraging and Coordinating Research

    L-DEO and NSF will coordinate the planned marine mammal monitoring 
program associated with the seismic survey with other parties that may 
have interest in this area. L-DEO and NSF will coordinate with 
applicable U.S. agencies (e.g., NMFS), and will comply with their 
requirements.

Negligible Impact and Small Numbers Analyses and Determinations

    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . 
an impact resulting from the specified activity that cannot be 
reasonably

[[Page 34082]]

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); and
    (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, 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 the document, in the notice of the 
proposed IHA (78 FR 17359, March 21, 2013) and based on the following 
factors, the specified activities associated with the marine seismic 
survey are not likely to cause PTS, or other non-auditory injury, 
serious injury, or death. The factors include:
    (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 
relatively low and would likely be avoided through the implementation 
of the power-down and shut-down measures; and
    (3) 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 L-DEO's planned marine seismic survey, and none 
are authorized by NMFS. Table 3 of this document outlines the number of 
authorized Level B harassment takes that are anticipated as a result of 
these activities. Further, the seismic surveys will not take place in 
areas of significance for marine mammal feeding, resting, breeding, or 
calving and 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 estimated 
duration of the survey would last no more than 39 days. Additionally, 
the seismic survey will be increasing sound levels in the marine 
environment in a relatively small area surrounding the vessel (compared 
to the range of the animals), which is constantly travelling over 
distances, and some animals may only be exposed to and harassed by 
sound for less than a day.
    As mentioned previously, NMFS estimates that 20 species of marine 
mammals under its jurisdiction could be potentially affected by Level B 
harassment over the course of the IHA. The population estimates for the 
marine mammal species that may be taken by Level B harassment were 
provided in Table 3 of this document.
    NMFS has determined, provided that the aforementioned mitigation 
and monitoring measures are implemented, the impact of conducting a 
marine seismic survey in the northeast Atlantic Ocean, June to July, 
2013, may result, at worst, in a modification in behavior and/or low-
level physiological effects (Level B harassment) of certain species of 
marine mammals.
    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 for species and the short and 
sporadic duration of the research activities, have led NMFS to 
determine that the taking by Level B harassment from the specified 
activity will have a negligible impact on the affected species in the 
specified geographic region. 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 annual recruitment or 
survival for any affected species or stock, particularly given the NMFS 
and the applicant's proposal to implement a mitigation and monitoring 
plans to minimize impacts to marine mammals.
    The requested take estimates represent small numbers relative to 
the affected species or stock sizes (i.e., all are less than or equal 
to 4%). See Table 3 for the authorized take number of marine mammals.

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

    Section 101(a)(5)(D) of the MMPA 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 (in the northeast Atlantic 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 North 
Atlantic right, humpback, sei, fin, blue, and sperm whales. L-DEO did 
not request take of endangered North Atlantic right whales due to the 
low likelihood of encountering this species during the cruise. Under 
section 7 of the ESA, NSF has 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, has initiated 
and engaged in formal consultation under section 7 of the ESA with 
NMFS's Office of Protected Resources, Endangered Species Act 
Interagency Cooperation Division, on the issuance of an IHA under 
section 101(a)(5)(D) of the MMPA for this activity. These two 
consultations were consolidated and addressed in a single Biological 
Opinion addressing the direct and indirect effects of these independent 
actions. In May 2013, NMFS issued a Biological Opinion and concluded 
that the action is not likely to jeopardize the existence of cetaceans 
and sea turtles and included an Incidental Take Statement (ITS) 
incorporating the requirements of the IHA as Terms and Conditions of 
the ITS is likewise a mandatory requirement of the IHA. The Biological 
Opinion also concluded that designated critical habitat of these 
species does not occur in the action area and would not be affected by 
the survey.

National Environmental Policy Act

    With L-DEO's complete application, NSF and L-DEO provided NMFS an 
``Environmental Analysis of a Marine Geophysical Survey by the R/V 
Marcus

[[Page 34083]]

G. Langseth in the Northeast Atlantic Ocean, June-July 2013,'' prepared 
by LGL Ltd., Environmental Research Associates, on behalf of NSF and L-
DEO. The EA analyzes the direct, indirect, and cumulative environmental 
impacts of the planned specified activities on marine mammals including 
those listed as threatened or endangered under the ESA. NMFS, after 
review and evaluation of the NSF EA for consistency with the 
regulations published by the Council of Environmental Quality (CEQ) and 
NOAA Administrative Order 216-6, Environmental Review Procedures for 
Implementing the National Environmental Policy Act, prepared an 
independent EA titled ``Environmental Assessment on the Issuance of an 
Incidental Harassment Authorization to the Lamont-Doherty Earth 
Observatory to Take Marine Mammals by Harassment Incidental to a Marine 
Geophysical Survey in the Northeast Atlantic Ocean, June to July 
2013.'' After considering the EA, the information in the IHA 
application, Biological Opinion, and the Federal Register notice, as 
well as public comments, NMFS has determined that the issuance of the 
IHA is not likely to result in significant impacts on the human 
environment and has prepared a Finding of No Significant Impact 
(FONSI). An Environmental Impact Statement is not required and will not 
be prepared for the action.

Authorization

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

    Dated: June 3, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-13388 Filed 6-5-13; 8:45 am]
BILLING CODE 3510-22-P