80 FR 45195 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Atlantic Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 145 (July 29, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 145 (July 29, 2015)
| Page Range | 45195-45196 | |
| FR Document | 2015-18467 |
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)] [Notices] [Pages 45195-45196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18467] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE070 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Atlantic Ocean AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of applications for incidental harassment authorization (IHA); request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS has received multiple requests for authorization under the Marine Mammal Protection Act (MMPA) to take marine mammals incidental to conducting geophysical survey activity in the Atlantic Ocean. NMFS is announcing receipt of these requests and invites information, suggestions, and comments on the applications. DATES: Comments and information must be received no later than August 28, 2015. ADDRESSES: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at www.nmfs.noaa.gov/pr/permits/incidental/oilgas.htm without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Availability Electronic copies of the applications may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/oilgas.htm. In 2014, the Bureau of Ocean Energy Management produced a Programmatic Environmental Impact Statement (PEIS) to evaluate potential significant environmental effects of geological and geophysical (G&G) activities on the Mid- and South Atlantic Outer Continental Shelf (OCS), pursuant to requirements of the National Environmental Policy Act. These activities include geophysical surveys in support of oil and gas exploration and development, as are proposed in the MMPA applications before NMFS. The PEIS is available at: www.boem.gov/Atlantic-G-G-PEIS/. Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified area, the incidental, but not intentional, taking of small numbers of marine mammals, providing that certain findings are made and the necessary prescriptions are established. The incidental taking of small numbers of marine mammals may be allowed only if NMFS (through authority delegated by the Secretary) finds that the total taking by the specified activity during the specified time period will (i) have a negligible impact on the species or stock(s) and (ii) not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). Further, the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking must be set forth, either in specific regulations or in an authorization. The allowance of such incidental taking under section 101(a)(5)(A), by harassment (which is defined to include behavioral harassment and injury), serious injury, death, or a combination thereof, requires that regulations be promulgated for the specific activity. Subsequently, a Letter of Authorization may be issued pursuant to the prescriptions established in such regulations, providing that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations. Under section 101(a)(5)(D), NMFS may authorize such incidental taking by harassment only, for periods of not more than one year, pursuant to requirements and conditions contained within an IHA. The proposed incidental take authorization and establishment of prescriptions through either specific regulations or an IHA requires notice and opportunity for public comment. 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.'' Except with respect to certain activities not pertinent here, section 3(18) of 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].'' The use of sound sources such as those described in the applications (e.g., airgun arrays) may result in the disturbance of marine mammals through disruption of behavioral patterns or may cause auditory injury of marine [[Page 45196]] mammals. Therefore, incidental take authorization under the MMPA is warranted. Summary In 2014, we received four separate requests for authorization for take of marine mammals incidental to oil and gas industry geophysical surveys in the Atlantic Ocean. Upon review of these requests, we submitted questions, comments, and requests for additional information to the individual applicant companies. As a result of these interactions, the applicant companies provided revised versions of the applications and we have determined that these revised versions are sufficiently complete to begin processing. On August 18, 2014, we received an application from Spectrum Geo Inc., followed by revised versions on November 25, 2014, May 14, 2015, and July 6, 2015. TGS-NOPEC Geophysical Company submitted an application on August 25, 2014, followed by revised versions on November 17, 2014, and July 21, 2015. We also received a request from ION GeoVentures on September 5, 2014, followed by a revised version on June 24, 2015. Finally, TDI-Brooks International, Inc. submitted a request for authorization on October 22, 2014. All requested authorizations would be for the statutory maximum of one year from the date of effectiveness, with the exception of ION GeoVentures, which has requested a period of validity from July through December 2016. The first four applicants propose to conduct 2D marine seismic surveys using airgun arrays, whereas the fourth (TDI-Brooks) proposes to conduct deep water multibeam bathymetry and sub-bottom profiler data acquisition (i.e., not using airgun arrays). Generally speaking, these surveys may occur within state and U.S. waters including the Exclusive Economic Zone and waters out to 350 nmi, from Delaware to approximately Cape Canaveral, Florida. Please see the applications for specific details of survey design. Information Solicited NMFS is seeking public input on these requests for authorization as outlined below and request that interested persons submit information, suggestions, and comments concerning the applications (see ADDRESSES). We will only consider comments that are relevant to marine mammal species that occur in U.S. waters of the Mid- and South Atlantic and the potential effects of geophysical survey activities on those species. NMFS is particularly interested in information addressing the following topics:Best available scientific information and appropriate use of such information in assessing potential effects of the specified activities on marine mammals and their habitat; Application approaches to estimating acoustic exposure and take of marine mammals; Appropriate mitigation measures and monitoring requirements for these activities. Comments indicating general support for or opposition to oil and gas exploration and development are not relevant to this request for information and will not be considered. Comments should be supported by data or literature citations as appropriate. We will consider all relevant information, suggestions, and comments related to the requests during the development of proposed authorizations governing the incidental taking of marine mammals. Dated: July 23, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-18467 Filed 7-28-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices 45195
information will be shared as part of the Conservation Division, Office of The incidental taking of small
consortium, and all research results will Protected Resources, National Marine numbers of marine mammals may be
be in the public domain. Fisheries Service. Physical comments allowed only if NMFS (through
All visitors to the NIST site are should be sent to 1315 East-West authority delegated by the Secretary)
required to pre-register to be admitted. Highway, Silver Spring, MD 20910 and finds that the total taking by the
Anyone wishing to attend this meeting electronic comments should be sent to specified activity during the specified
must pre-register at https://www-s.nist. ITP.Laws@noaa.gov. time period will (i) have a negligible
gov/CRS/conf_disclosure.cfm?&conf_ Instructions: NMFS is not responsible impact on the species or stock(s) and (ii)
id=8473 by 5:00 p.m. Eastern Time on for comments sent by any other method, not have an unmitigable adverse impact
Thursday, August 20, 2015, in order to to any other address or individual, or on the availability of the species or
attend. Also, please note that under the received after the end of the comment stock(s) for subsistence uses (where
REAL ID Act of 2005 (Pub. L. 109–13), period. Comments received relevant). Further, the permissible
federal agencies, including NIST, can electronically, including all methods of taking and requirements
only accept a state-issued driver’s attachments, must not exceed a 25- pertaining to the mitigation, monitoring
license or identification card for access megabyte file size. Attachments to and reporting of such taking must be set
to federal facilities if issued by states electronic comments will be accepted in forth, either in specific regulations or in
that are REAL ID compliant or have an Microsoft Word or Excel or Adobe PDF an authorization.
extension. NIST also currently accepts file formats only. All comments The allowance of such incidental
other forms of federal-issued received are a part of the public record taking under section 101(a)(5)(A), by
identification in lieu of a state-issued and will generally be posted to the harassment (which is defined to include
driver’s license. For detailed Internet at www.nmfs.noaa.gov/pr/ behavioral harassment and injury),
information please contact Justin Zook permits/incidental/oilgas.htm without serious injury, death, or a combination
at jzook@nist.gov or 301–975–4133, or change. All personal identifying thereof, requires that regulations be
visit: http://www.nist.gov/public_ information (e.g., name, address) promulgated for the specific activity.
affairs/visitor/. voluntarily submitted by the commenter Subsequently, a Letter of Authorization
may be publicly accessible. Do not may be issued pursuant to the
Richard R. Cavanagh, prescriptions established in such
Acting Associate Director for Laboratory
submit confidential business
information or otherwise sensitive or regulations, providing that the level of
Programs. taking will be consistent with the
[FR Doc. 2015–18470 Filed 7–28–15; 8:45 am]
protected information.
findings made for the total taking
FOR FURTHER INFORMATION CONTACT: Ben
BILLING CODE 3510–13–P allowable under the specific regulations.
Laws, Office of Protected Resources, Under section 101(a)(5)(D), NMFS may
NMFS, (301) 427–8401. authorize such incidental taking by
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: harassment only, for periods of not more
Availability than one year, pursuant to requirements
National Oceanic and Atmospheric
and conditions contained within an
Administration Electronic copies of the applications IHA. The proposed incidental take
RIN 0648–XE070 may be obtained by visiting the Internet authorization and establishment of
at: www.nmfs.noaa.gov/pr/permits/ prescriptions through either specific
Taking and Importing Marine incidental/oilgas.htm. regulations or an IHA requires notice
Mammals; Taking Marine Mammals In 2014, the Bureau of Ocean Energy and opportunity for public comment.
Incidental to Geophysical Surveys in Management produced a Programmatic NMFS has defined ‘‘negligible
the Atlantic Ocean Environmental Impact Statement (PEIS) impact’’ in 50 CFR 216.103 as ‘‘. . . an
to evaluate potential significant impact resulting from the specified
AGENCY: National Marine Fisheries
environmental effects of geological and activity that cannot be reasonably
Service (NMFS), National Oceanic and
geophysical (G&G) activities on the Mid- expected to, and is not reasonably likely
Atmospheric Administration (NOAA),
and South Atlantic Outer Continental to, adversely affect the species or stock
Commerce.
Shelf (OCS), pursuant to requirements through effects on annual rates of
ACTION: Notice; receipt of applications of the National Environmental Policy recruitment or survival.’’ Except with
for incidental harassment authorization Act. These activities include respect to certain activities not pertinent
(IHA); request for comments and geophysical surveys in support of oil here, section 3(18) of the MMPA defines
information. and gas exploration and development, ‘‘harassment’’ as: ‘‘. . . any act of
SUMMARY: NMFS has received multiple as are proposed in the MMPA pursuit, torment, or annoyance which (i)
requests for authorization under the applications before NMFS. The PEIS is has the potential to injure a marine
Marine Mammal Protection Act available at: www.boem.gov/Atlantic-G- mammal or marine mammal stock in the
(MMPA) to take marine mammals G-PEIS/. wild [Level A harassment]; or (ii) has
incidental to conducting geophysical the potential to disturb a marine
Background
survey activity in the Atlantic Ocean. mammal or marine mammal stock in the
NMFS is announcing receipt of these Sections 101(a)(5)(A) and (D) of the wild by causing disruption of behavioral
requests and invites information, MMPA (16 U.S.C. 1361 et seq.) direct patterns, including, but not limited to,
suggestions, and comments on the the Secretary of Commerce to allow, migration, breathing, nursing, breeding,
applications. upon request by U.S. citizens who feeding, or sheltering [Level B
tkelley on DSK3SPTVN1PROD with NOTICES
engage in a specified activity (other than harassment].’’
DATES: Comments and information must commercial fishing) within a specified The use of sound sources such as
be received no later than August 28, area, the incidental, but not intentional, those described in the applications (e.g.,
2015. taking of small numbers of marine airgun arrays) may result in the
ADDRESSES: Comments on the mammals, providing that certain disturbance of marine mammals through
applications should be addressed to findings are made and the necessary disruption of behavioral patterns or may
Jolie Harrison, Chief, Permits and prescriptions are established. cause auditory injury of marine
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![45196 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices
mammals. Therefore, incidental take in information addressing the following These documents are also available
authorization under the MMPA is topics: upon written request or by appointment
warranted. • Best available scientific information in the Permits and Conservation
and appropriate use of such information Division, Office of Protected Resources,
Summary
in assessing potential effects of the NMFS, 1315 East-West Highway, Room
In 2014, we received four separate specified activities on marine mammals 13705, Silver Spring, MD 20910; phone
requests for authorization for take of and their habitat; (301) 427–8401; fax (301) 713–0376.
marine mammals incidental to oil and • Application approaches to Written comments on this application
gas industry geophysical surveys in the estimating acoustic exposure and take of should be submitted to the Chief,
Atlantic Ocean. Upon review of these marine mammals; Permits and Conservation Division, at
requests, we submitted questions, • Appropriate mitigation measures the address listed above. Comments may
comments, and requests for additional and monitoring requirements for these also be submitted by facsimile to (301)
information to the individual applicant activities. 713–0376, or by email to
companies. As a result of these Comments indicating general support NMFS.Pr1Comments@noaa.gov. Please
interactions, the applicant companies for or opposition to oil and gas include the File No. in the subject line
provided revised versions of the exploration and development are not of the email comment.
applications and we have determined relevant to this request for information Those individuals requesting a public
that these revised versions are and will not be considered. Comments hearing should submit a written request
sufficiently complete to begin should be supported by data or to the Chief, Permits and Conservation
processing. literature citations as appropriate. We Division at the address listed above. The
On August 18, 2014, we received an will consider all relevant information, request should set forth the specific
application from Spectrum Geo Inc., suggestions, and comments related to reasons why a hearing on this
followed by revised versions on the requests during the development of application would be appropriate.
November 25, 2014, May 14, 2015, and proposed authorizations governing the FOR FURTHER INFORMATION CONTACT:
July 6, 2015. TGS–NOPEC Geophysical incidental taking of marine mammals.
Company submitted an application on Amy Hapeman or Brendan Hurley, (301)
August 25, 2014, followed by revised Dated: July 23, 2015. 427–8401.
versions on November 17, 2014, and Perry F. Gayaldo, SUPPLEMENTARY INFORMATION: The
July 21, 2015. We also received a Deputy Director, Office of Protected subject permit is requested under the
request from ION GeoVentures on Resources, National Marine Fisheries Service. authority of the Marine Mammal
September 5, 2014, followed by a [FR Doc. 2015–18467 Filed 7–28–15; 8:45 am] Protection Act of 1972, as amended
revised version on June 24, 2015. BILLING CODE 3510–22–P (MMPA; 16 U.S.C. 1361 et seq.), the
Finally, TDI-Brooks International, Inc. regulations governing the taking and
submitted a request for authorization on importing of marine mammals (50 CFR
October 22, 2014. DEPARTMENT OF COMMERCE part 216), the Endangered Species Act of
All requested authorizations would be 1973, as amended (ESA; 16 U.S.C. 1531
for the statutory maximum of one year National Oceanic and Atmospheric et seq.), the regulations governing the
from the date of effectiveness, with the Administration taking, importing, and exporting of
exception of ION GeoVentures, which RIN 0648–XE041 endangered and threatened species (50
has requested a period of validity from CFR parts 222–226), and the Fur Seal
July through December 2016. The first Marine Mammals; File No. 19091 Act of 1966, as amended (16 U.S.C. 1151
four applicants propose to conduct 2D et seq.).
marine seismic surveys using airgun AGENCY: National Marine Fisheries The SWFSC proposes to conduct
arrays, whereas the fourth (TDI-Brooks) Service (NMFS), National Oceanic and research on over 55 species of marine
proposes to conduct deep water Atmospheric Administration (NOAA), mammals and five species of sea turtles
multibeam bathymetry and sub-bottom Commerce. in all oceans of the world, with special
profiler data acquisition (i.e., not using ACTION: Notice; receipt of application. focus on the eastern Pacific Ocean. This
airgun arrays). Generally speaking, these includes research on ESA listed species:
SUMMARY: Notice is hereby given that North Atlantic right (Eubalaena
surveys may occur within state and U.S. the NMFS Southwest Fisheries Science
waters including the Exclusive glacialis), North Pacific right (E.
Center (SWFSC), 8901 La Jolla Shore japonica), Southern right (E. australis),
Economic Zone and waters out to 350 Dr., La Jolla, CA 92037, [Responsible
nmi, from Delaware to approximately bowhead (Balaena mysticetus), sei
Party: Lisa Ballance, Ph.D.], has applied (Balaenoptera borealis), Southern
Cape Canaveral, Florida. Please see the in due form for a permit to conduct
applications for specific details of resident killer (Orcinus orca),
research on five species of pinnipeds, humpback (Megaptera novaeangliae),
survey design. over 50 species of cetaceans, and five fin (Balaenoptera physalus), sperm
Information Solicited species of sea turtles. (Physeter macrocephalus), and blue
NMFS is seeking public input on DATES: Written, telefaxed, or email (Balaenoptera musculus) whales; Steller
these requests for authorization as comments must be received on or before sea lions (Eumetopias jubatus); and
outlined below and request that August 28, 2015. green (Chelonia mydas), hawksbill
interested persons submit information, ADDRESSES: The application and related (Eretmochelys imbricata), leatherback
suggestions, and comments concerning documents are available for review by (Dermochelys coriacea), loggerhead
tkelley on DSK3SPTVN1PROD with NOTICES
the applications (see ADDRESSES). We selecting ‘‘Records Open for Public (Caretta caretta), and olive ridley
will only consider comments that are Comment’’ from the ‘‘Features’’ box on (Lepidochelys olivacea) sea turtles. The
relevant to marine mammal species that the Applications and Permits for purpose of this research is to determine
occur in U.S. waters of the Mid- and Protected Species (APPS) home page, the abundance, distribution, movement
South Atlantic and the potential effects https://apps.nmfs.noaa.gov, and then patterns, dive behavior, demography
of geophysical survey activities on those selecting File No. 19091 from the list of and stock structure, and to monitor
species. NMFS is particularly interested available applications. trends in recruitment of pinnipeds,
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Document Created: 2015-12-15 13:05:27
Document Modified: 2015-12-15 13:05:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; receipt of applications for incidental harassment authorization (IHA); request for comments and information. | |
| Dates | Comments and information must be received no later than August 28, 2015. | |
| Contact | Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 80 FR 45195 | |
| RIN Number | 0648-XE07 |
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