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)

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.

[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]


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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.

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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]
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