80 FR 75356 - Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the South Atlantic Ocean, January to March 2016
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 230 (December 1, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 75356-75386 | |
| FR Document | 2015-30333 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Notices] [Pages 75356-75386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30333] [[Page 75355]] Vol. 80 Tuesday, No. 230 December 1, 2015 Part III Department of Commerce ----------------------------------------------------------------------- National Oceanic and Atmospheric Administration ----------------------------------------------------------------------- Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the South Atlantic Ocean, January to March 2016; System of Records; Notice Federal Register / Vol. 80 , No. 230 / Tuesday, December 1, 2015 / Notices [[Page 75356]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE291 Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the South Atlantic Ocean, January to March 2016 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS has received an application from the Lamont-Doherty Earth Observatory (Lamont-Doherty) in collaboration with the National Science Foundation (NSF), for an Incidental Harassment Authorization (Authorization) to take marine mammals, by harassment only, incidental to conducting a marine geophysical (seismic) survey in the South Atlantic Ocean, January through March 2016. The proposed dates for this action would be early January 2016 through March 31, 2016, to account for minor deviations due to logistics and weather. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to Lamont-Doherty to incidentally take, by Level B harassment, 38 species of marine mammals during the specified activity and to incidentally take, by Level A harassment, 16 species of marine mammals. Although considered unlikely, any Level A harassment potentially incurred would be expected to be in the form of some smaller degree of permanent hearing loss due in part to the required monitoring measures for detecting marine mammals and required mitigation measures for power downs or shut downs of the airgun array if any animal is likely to enter the Level A exclusion zone. NMFS does not expect mortality or complete deafness of marine mammals to result from this survey. DATES: NMFS must receive comments and information on or before December 31, 2015. ADDRESSES: Address comments on the application to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Cody@noaa.gov. Please include 0648-XE291 in the subject line. Comments sent via email to ITP.Cody@noaa.gov, including all attachments, must not exceed a 25-megabyte file size. NMFS is not responsible for email comments sent to addresses other than the one provided here. Instructions: All submitted comments are a part of the public record, and NMFS will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. To obtain an electronic copy of Lamont-Doherty's application, NSF's draft environmental analysis, NMFS' draft Environmental Assessment, and a list of the references used in this document, write to the previously mentioned address, telephone the contact listed here (see FOR FURTHER INFORMATION CONTACT), or visit the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm. Information in Lamont-Doherty's application, NSF's draft environmental analysis, NMFS' draft Environmental Assessment and this notice collectively provide the environmental information related to the proposed issuance of the Authorization for public review and comment. FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401. SUPPLEMENTARY INFORMATION: Background Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals of a species or population stock, by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if, after NMFS provides a notice of a proposed authorization to the public for review and comment: (1) NMFS makes certain findings; and (2) the taking is limited to harassment. An Authorization shall be granted for the incidental taking of small numbers of marine mammals 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 also set forth the permissible methods of taking; other means of effecting the least practicable adverse impact on the species or stock and its habitat (i.e., mitigation); and requirements pertaining to the monitoring and reporting of such taking. 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, 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 July 29, 2015, NMFS received an application from Lamont-Doherty requesting that NMFS issue an Authorization for the take of marine mammals, incidental to Texas A&M University and the University of Texas conducting a seismic survey in the South Atlantic Ocean, January through March 2016. Following the initial application submission, Lamont-Doherty submitted a revised application with revised take estimates. NMFS considered the revised application adequate and complete on October 30, 2015. Lamont-Doherty proposes to conduct a two-dimensional (2-D), seismic survey on the R/V Marcus G. Langseth (Langseth), a vessel owned by NSF and operated on its behalf by Columbia University's Lamont-Doherty in international waters in the South Atlantic Ocean approximately 1,938 kilometers (km) (1,232 miles [mi]) southeast of the west coast of Brazil for approximately 22 days. The following specific aspect of the proposed activity has the potential to take marine mammals: Increased underwater sound generated during the operation of the seismic airgun array. We anticipate that take, by Level B harassment, of 38 species of marine mammals could result from the specified activity. Although unlikely, NMFS also anticipates that a small level of take by Level A harassment of 16 species of marine [[Page 75357]] mammals could occur during the proposed survey. Description of the Specified Activity Overview Lamont-Doherty plans to use one source vessel, the Langseth, an array of 36 airguns as the energy source, a receiving system of seven ocean bottom seismometers (OBS), and a single 8-kilometer (km) hydrophone streamer. In addition to the operations of the airguns, Lamont-Doherty intends to operate a multibeam echosounder and a sub- bottom profiler continuously throughout the proposed survey. However, Lamont-Doherty will not operate the multibeam echosounder and sub- bottom profiler during transits to and from the survey area and in between transits to each of the five OBS tracklines (i.e., when the airguns are not operating). The purpose of the survey is to collect and analyze seismic refraction data from the Mid-Atlantic Ridge westward to the Rio Grande Rise to study the evolution of the South Atlantic Ocean crust on million-year timescales and the evolution and stability of low- spreading ridges over time. NMFS refers the public to Lamont-Doherty's application (see page 3) for more detailed information on the proposed research objectives. Dates and Duration Lamont-Doherty proposes to conduct the seismic survey for approximately 42 days, which includes approximately 22 days of seismic surveying with 10 days of OBS deployment and retrieval. The proposed study (e.g., equipment testing, startup, line changes, repeat coverage of any areas, and equipment recovery) would include approximately 528 hours of airgun operations (i.e., 22 days over 24 hours). Some minor deviation from Lamont-Doherty's requested dates of January through March 2016 is possible, depending on logistics, weather conditions, and the need to repeat some lines if data quality is substandard. Thus, the proposed Authorization, if issued, would be effective from early January through March 31, 2016. NMFS refers the reader to the Detailed Description of Activities section later in this notice for more information on the scope of the proposed activities. Specified Geographic Region Lamont-Doherty proposes to conduct the proposed seismic survey in the South Atlantic Ocean, located approximately between 10-35[deg] W, 27-33[deg] S (see Figure 1). Water depths in the survey area range from approximately 1,150 to 4,800 meters (m) (3,773 feet [ft] to 2.98 miles [mi]). Principal and Collaborating Investigators The proposed survey's principal investigators are Drs. R. Reece and R. Carlson (Texas A&M University) and Dr. G. Christeson (University of Texas at Austin). BILLING CODE 3510-22-C [GRAPHIC] [TIFF OMITTED] TN01DE15.056 ] [[Page 75358]] BILLING CODE 3510-22-P Detailed Description of the Specified Activities Transit Activities The Langseth would depart and return from Montevideo, Uruguay, and transit to the survey area. Some minor deviations with the transit schedule and port locations are possible depending on logistics and weather. Vessel Specifications The survey would involve one source vessel, the R/V Langseth. The Langseth, owned by NSF and operated by Lamont-Doherty, is a seismic research vessel with a quiet propulsion system that avoids interference with the seismic signals emanating from the airgun array. The vessel is 71.5 m (235 ft) long; has a beam of 17.0 m (56 ft); a maximum draft of 5.9 m (19 ft); and a gross tonnage of 3,834 pounds. It has two 3,550 horsepower (hp) Bergen BRG-6 diesel engines that drive two propellers. Each propeller has four blades and the shaft typically rotates at 750 revolutions per minute. The vessel also has an 800-hp bowthruster, which is off during seismic acquisition. The Langseth's speed during seismic operations would be approximately 4.5 knots (kt) (8.3 km/hour [hr]; 5.1 miles per hour [mph]). The vessel's cruising speed outside of seismic operations is approximately 10 kt (18.5 km/hr; 11.5 mph). While the Langseth tows the airgun array, its turning rate is limited to five degrees per minute. Thus, the Langseth's maneuverability is limited during operations while it tows the streamer. The vessel also has an observation tower from which protected species visual observers (observers) would watch for marine mammals before and during the proposed seismic acquisition operations. When stationed on the observation platform, the observer's eye level will be approximately 21.5 m (71 ft) above sea level providing the observer an unobstructed view around the entire vessel. Data Acquisition Activities The proposed survey would cover a total of approximately 3,263 km (2,028 mi) of transect lines. The proposed survey is one continuous transect line with transect lines that cross the main line at six locations. During the survey, the Langseth would deploy 36 airguns as an energy source with a total volume of 6,600 cubic inches (in\3\). The receiving system would consist of seven OBSs deployed at each perpendicular trackline site and a single 8-km (5-mi) hydrophone streamer. As the Langseth tows the airgun array along the survey lines, the OBSs and hydrophone streamer would receive the returning acoustic signals and transfer the data to the on-board processing system. Seismic Airguns The airguns are a mixture of Bolt 1500LL and Bolt 1900LLX airguns ranging in size from 40 to 220 in\3\, with a firing pressure of 1,950 pounds per square inch. The dominant frequency components range from zero to 188 Hertz (Hz). During the survey, Lamont-Doherty would plan to use the full array with most of the airguns in inactive mode. The Langseth would tow the array at a depth of 9 m (29.5 ft) resulting in a shot interval of approximately 65 seconds (s) (approximately 150 m; 492 ft) for the leg with the OBS lines and a shot interval of approximately 22 s (approximately 50 m; 164 ft) for the multichannel seismic survey lines with the hydrophone streamer. During acquisition the airguns will emit a brief (approximately 0.1 s) pulse of sound. During the intervening periods of operations, the airguns are silent. Airguns function by venting high-pressure air into the water, which creates an air bubble. The pressure signature of an individual airgun consists of a sharp rise and then fall in pressure, followed by several positive and negative pressure excursions caused by the oscillation of the resulting air bubble. The oscillation of the air bubble transmits sounds downward through the seafloor, and there is also a reduction in the amount of sound transmitted in the near horizontal direction. The airgun array also emits sounds that travel horizontally toward non- target areas. The nominal source levels of the airgun subarrays on the Langseth range from 240 to 247 decibels (dB) re: 1 [mu]Pa(peak to peak). (We express sound pressure level as the ratio of a measured sound pressure and a reference pressure level. The commonly used unit for sound pressure is dB and the commonly used reference pressure level in underwater acoustics is 1 microPascal ([mu]Pa)). Briefly, the effective source levels for horizontal propagation are lower than source levels for downward propagation. We refer the reader to Lamont-Doherty's Authorization application and NSF's Environmental Analysis for additional information on downward and horizontal sound propagation related to the airgun's source levels. Additional Acoustic Data Acquisition Systems Multibeam Echosounder: The Langseth will operate a Kongsberg EM 122 multibeam echosounder concurrently during airgun operations to map characteristics of the ocean floor. However, as stated earlier, Lamont- Doherty will not operate the multibeam echosounder during transits to and from the survey areas (i.e., when the airguns are not operating). The hull-mounted echosounder emits brief pulses of sound (also called a ping) (10.5 to 13.0 kHz) in a fan-shaped beam that extends downward and to the sides of the ship. The transmitting beamwidth is 1 or 2[deg] fore-aft and 150[deg] athwartship and the maximum source level is 242 dB re: 1 [mu]Pa. Each ping consists of eight (in water greater than 1,000 m; 3,280 ft) or four (in water less than 1,000 m; 3,280 ft) successive, fan- shaped transmissions, from two to 15 milliseconds (ms) in duration and each ensonifying a sector that extends 1[deg] fore-aft. Continuous wave pulses increase from 2 to 15 ms long in water depths up to 2,600 m (8,530 ft). The echosounder uses frequency-modulated chirp pulses up to 100-ms long in water greater than 2,600 m (8,530 ft). The successive transmissions span an overall cross-track angular extent of about 150[deg], with 2-ms gaps between the pulses for successive sectors. Sub-bottom Profiler: The Langseth will also operate a Knudsen Chirp 3260 sub-bottom profiler concurrently during airgun and echosounder operations to provide information about the sedimentary features and bottom topography. As with the case of the echosounder, Lamont-Doherty will not operate the sub-bottom profiler during transits to and from the survey areas (i.e., when the airguns are not operating). The profiler is capable of reaching depths of 10,000 m (6.2 mi). The dominant frequency component is 3.5 kHz and a hull-mounted transducer on the vessel directs the beam downward in a 27[deg] cone. The power output is 10 kilowatts (kW), but the actual maximum radiated power is three kilowatts or 222 dB re: 1 [mu]Pa. The ping duration is up to 64 ms with a pulse interval of one second, but a common mode of operation is to broadcast five pulses at 1-s intervals followed by a 5- s pause. Ocean Bottom Seismometers: The Langseth would deploy a total of seven OBS at a 10-km (6.2-mi) spacing interval at each crossline site and would carry out operations in a west-to-east transit line. For each OBS profile site, the [[Page 75359]] Langseth crew would deploy seven OBSs on the sea floor, would survey the line, and then would recover the source array and the OBSs before moving to the next line. Lamont-Doherty proposes to use one of two types of OBSs: The Woods Hole Oceanographic Institute (WHOI) or the Scripps Institution of Oceanography (SIO) OBS. The WHOI D2 OBS is approximately 0.9 m (2.9 ft) high with a maximum diameter of 50 centimeters (cm) (20 inches [in]). An anchor, made of a rolled steel bar grate that measures approximately 2.5 by 30.5 by 38.1 cm (1 by 12 by 15 in) and weighs 23 kilograms (kg) (51 pounds [lbs]) would anchor the seismometer to the seafloor. The SIO L-Cheapo OBS is approximately 0.9 m (2.9 ft) high with a maximum diameter of 97 centimeters (cm) (3.1 ft). The SIO anchors consist of 36-kg (79-lb) iron gates and measure approximately 7 by 91 by 91.5 cm (3 by 36 by 36 inches). After the Langseth completes the proposed seismic survey, an acoustic signal would trigger the release of each seismometer from the ocean floor. The Langseth's acoustic release transponder, located on the vessel, communicates with the seismometer at a frequency of 9 to13 kilohertz (kHz). The maximum source level of the release signal is 242 dB re: 1 [mu]Pa with an 8-millisecond pulse length. The received signal activates the seismometer's double burn-wire release assembly which then releases the seismometer from the anchor. The seismometer then floats to the ocean surface for retrieval by the Langseth. The steel grate anchors from each of the seismometers would remain on the seafloor. The Langseth crew would deploy the seismometers one-by-one from the stern of the vessel while onboard protected species observers will alert them to the presence of marine mammals and recommend ceasing deploying or recovering the seismometers to avoid potential entanglement with marine mammal. Hydrophone Streamer: Lamont-Doherty would deploy the single hydrophone streamer for multichannel operations after concluding the OBS operations. As the Langseth tows the airgun array along the survey lines, the streamer transfers the data to the on-board processing system. Description of Marine Mammals in the Area of the Specified Activity Table 1 in this notice provides the following: All marine mammal species with possible or confirmed occurrence in the proposed activity area; information on those species' regulatory status under the MMPA and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); abundance; local occurrence and range; and seasonality in the proposed activity area. Based on the best available information, NMFS expects that there may be a potential for certain cetacean and pinniped species to occur within the survey area (i.e., potentially be taken) and have included additional information for these species in Table 1 of this notice. NMFS will carry forward analyses on the species listed in Table 1 later in this document. Table 1--General Information on Marine Mammals That Could Potentially Occur in the Proposed Survey Areas Within the South Atlantic Ocean [January through March 2016] ---------------------------------------------------------------------------------------------------------------- Species Species Regulatory status 1 abundance Local occurrence Season \5\ 2 \3\ and range \4\ ---------------------------------------------------------------------------------------------------------------- Antarctic minke whale MMPA-NC, ESA-NL.... \6\ 515,000 Uncommon, shelf, Winter. (Balaenoptera bonaerensis). pelagic. Blue whale (B. musculus)........ MMPA-D, ESA-EN..... \7\ 2,300 Rare, coastal, Winter. slope, pelagic. Bryde's whale (B. edeni)........ MMPA-NC, ESA-NL.... \8\ 43,633 Rare, coastal, Winter. pelagic. Common (dwarf) minke whale (B. MMPA-NC, ESA-NL.... \6\ 515,000 Uncommon, shelf, Winter. acutorostrata). pelagic. Fin whale (B. physalus)......... MMPA-D, ESA-EN..... \9\ 22,000 Uncommon, Coastal, Fall. pelagic. Humpback whale (Megaptera MMPA-D, ESA-EN..... \10\42,000 Uncommon, Coastal, Winter. novaeangliae). shelf, pelagic. Sei whale (B. borealis)......... MMPA-D, ESA-EN..... \11\ 10,000 Uncommon, Shelf Winter. edges, pelagic. Southern right whale (Eubalaena MMPA-D, ESA-EN..... \12\ 12,000 Uncommon, Coastal, Winter. australis). shelf. Sperm whale (Physeter MMPA-D, ESA-EN..... \13\ Uncommon, Slope, Winter. macrocephalus). 355,000 pelagic. Dwarf sperm whale (Kogia sima).. MMPA-NC, ESA-NL.... 3,785 Rare, Shelf, slope, Winter. pelagic. Pygmy sperm whale (K. breviceps) MMPA-NC, ESA-NL.... 3,785 Rare, Shelf, slope, Winter. pelagic. Cuvier's beaked whale (Ziphius MMPA-NC, ESA-NL.... \14\ Uncommon, Slope.... Winter. cavirostris). 599,300 Andrew's beaked whale MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter. (Mesoplodon bowdoini). 599,300 Arnoux's beaked whale (Berardius MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter. arnuxii). 599,300 Blainville's beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, Slope, Winter. densirostris). 599,300 pelagic. Gervais' beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter. europaeus). 599,300 Gray's beaked whale (M. grayi).. MMPA-NC, ESA-NL.... \14\ Rare, Pelagic...... Winter. 599,300 Hector's beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter. hectori). 599,300 Shepherd's beaked whale MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter. (Tasmacetus shepherdi). 599,300 Strap-toothed beaked whale (M. MMPA-NC, ESA-NL.... \14\ Rare, pelagic...... Winter. layardii). 599,300 True's beaked whale (M. mirus).. MMPA-NC, ESA-NL.... 7,092 Rare, pelagic...... Winter. Southern bottlenose whale MMPA-NC, ESA-NL.... \14\ Rare, Coastal, Winter. (Hyperoodon planifrons). 599,300 shelf, pelagic. Bottlenose dolphin (Tursiops MMPA-NC, ESA-NL.... \15\ Uncommon, Coastal, Winter. truncatus). 600,000 pelagic. Rough-toothed dolphin (Steno MMPA-NC, ESA-NL.... 271 Uncommon, shelf, Winter. bredanensis). pelagic. Pantropical spotted dolphin MMPA-NC, ESA-NL.... 3,333 Uncommon, Coastal, Winter. (Stenella attennuata). slope, pelagic. Striped dolphin (S. MMPA-NC, ESA-NL.... 54,807 Rare, Pelagic...... Winter. coeruleoalba). Fraser's dolphin (Lagenodelphis MMPA-NC, ESA-NL.... \16\ Uncommon, Pelagic.. Winter. hosei). 289,000 Spinner dolphin (Stenella MMPA-NC, ESA-NL.... \16\ Rare, Pelagic...... Winter. longirostris). 1,200,000 Atlantic spotted dolphin (S. MMPA-NC, ESA-NL.... 44,715 Uncommon, Pelagic.. Winter. frontalis). [[Page 75360]] Clymene dolphin (S. clymene).... MMPA-NC, ESA-NL.... 6,215 Rare, Pelagic...... Winter. Risso's dolphin (Grampus MMPA-NC, ESA-NL.... 20,692 Uncommon, Pelagic.. Winter. griseus). Long-beaked common dolphin MMPA-NC, ESA-NL.... \17\ 20,000 Rare, Coastal...... Winter. (Delphinus capensis). Short-beaked common dolphin MMPA-NC, ESA-NL.... 173,486 Uncommon, Coastal, Winter. (Delphinus delphis). shelf. Southern right whale dolphin MMPA-NC, ESA-NL.... Unknown Uncommon, Coastal, Winter. (Lissodelphis peronii). shelf. Melon-headed whale MMPA-NC, ESA-NL.... \18\ 50,000 Uncommon, Coastal, Winter. (Peponocephala electra). shelf, pelagic. Pygmy killer whale (Feresa MMPA-NC, ESA-NL.... 3,585 Uncommon, Coastal, Winter. attenuate). shelf, pelagic. False killer whale (Pseudorca MMPA-NC, ESA-NL.... 442 Rare, Pelagic...... Winter. crassidens). Killer whale (Orcinus orca)..... MMPA-NC, ESA-NL.... \19\ 50,000 Uncommon, Coastal, Winter. pelagic. Long-finned pilot whale MMPA-NC, ESA-NL.... \14\ Uncommon, Pelagic.. Winter. (Globicephala melas). 200,000 Short-finned pilot whale MMPA-NC, ESA-NL.... \14\ Uncommon, Pelagic.. Winter. (Globicephala macrorhynchus). 200,000 Southern Elephant Seal (Mirounga MMPA-NC, ESA-NL.... \20\ Rare, Coastal...... Winter. leonina). 650,000 Subantarctic fur seal MMPA-NC, ESA-NL.... \21\ Uncommon, Pelagic.. Winter. (Arctocephalus tropicalis). 310,000 ---------------------------------------------------------------------------------------------------------------- \2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed. \3\ Except where noted abundance information obtained from NOAA Technical Memorandum NMFS-NE-231, U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments-2014 (Waring et al., 2015) and the Draft 2015 U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments (in review, 2015). NA = Not available. \4\ Occurrence and range information available from the International Union for the Conservation of Nature (IUCN). \5\ NA= Not available due to limited information on that species' seasonal occurrence in the proposed area. \6\ Best estimate from the International Whaling Commission's (IWC) estimate for the minke whale population (Southern Hemisphere, 2004). \7\ Best estimate from the IWC's estimate for the blue whale population (Southern Hemisphere, 1998). \8\ Estimate from IUCN Web page for Bryde's whales. Southern Hemisphere: Southern Indian Ocean (13,854); western South Pacific (16,585); and eastern South Pacific (13,194) (IWC, 1981). \9\ Best estimate from the IWC's estimate for the fin whale population (East Greenland to Faroes, 2007). \10\ Best estimate from the IWC's estimate for the humpback whale population (Southern Hemisphere, partial coverage of Antarctic feeding grounds, 2007). \11\ Estimate from the IUCN Web page for sei whales (IWC, 1996). \12\ Best estimate from the IWC's estimate for the southern right whale population (Southern Hemisphere, 2009). \13\ Whitehead, (2002). \14\ Abundance estimates for beaked, southern bottlenose, and pilot whales south of the Antarctic Convergence in January (Kasamatsu and Joyce, 1995). \15\ Wells and Scott, (2009). \16\ Jefferson et al., (2008). \17\ Cockcroft and Peddemors, (1990). \18\ Estimate from the IUCN Web page for melon-headed whales (IUCN, 2015). \19\ Estimate from the IUCN Web page for killer whales (IUCN, 2015). \20\ Estimate from the IUCN Web page for southern elephant seals (IUCN, 2015). \21\ Arnoud, (2009). NMFS refers the public to Lamont-Doherty's application, NSF's draft environmental analysis (see ADDRESSES), NOAA Technical Memorandum NMFS- NE-231, U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments-2014 (Waring et al., 2015); and the Draft 2015 U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments (in review, 2015) available online at: http://www.nmfs.noaa.gov/pr/sars/species.htm for further information on the biology and local distribution of these species. Potential Effects of the Specified Activities on Marine Mammals This section includes a summary and discussion of the ways that components (e.g., seismic airgun operations, vessel movement) of the specified activity may impact marine mammals. The ``Estimated Take by Incidental Harassment'' section later in this document will include a quantitative analysis of the number of individuals that NMFS expects to be taken by this activity. The ``Negligible Impact Analysis'' section will include the analysis of how this specific proposed activity would impact marine mammals and will consider the content of this section, the ``Estimated Take by Incidental Harassment'' section, the ``Proposed Mitigation'' section, and the ``Anticipated Effects on Marine Mammal Habitat'' section to draw conclusions regarding the likely impacts of this activity on the reproductive success or survivorship of individuals and from that on the affected marine mammal populations or stocks. NMFS intends to provide a background of potential effects of Lamont-Doherty's activities in this section. This section does not consider the specific manner in which Lamont-Doherty would carry out the proposed activity, what mitigation measures Lamont-Doherty would implement, and how either of those would shape the anticipated impacts from this specific activity. Operating active acoustic sources, such as airgun arrays, has the potential for adverse effects on marine mammals. The majority of anticipated impacts would be from the use of the airgun array. Acoustic Impacts When considering the influence of various kinds of sound on the marine environment, it is necessary to understand that different kinds of marine life are sensitive to different frequencies of sound. Current data indicate that not all marine mammal species have equal hearing capabilities (Richardson et al., 1995; Southall et al., [[Page 75361]] 1997; Wartzok and Ketten, 1999; Au and Hastings, 2008). Southall et al. (2007) designated ``functional hearing groups'' for marine mammals based on available behavioral data; audiograms derived from auditory evoked potentials; anatomical modeling; and other data. Southall et al. (2007) also estimated the lower and upper frequencies of functional hearing for each group. However, animals are less sensitive to sounds at the outer edges of their functional hearing range and are more sensitive to a range of frequencies within the middle of their functional hearing range. The functional groups applicable to this proposed survey and the associated frequencies are:Low frequency cetaceans (13 species of mysticetes): Functional hearing estimates occur between approximately 7 Hertz (Hz) and 25 kHz (extended from 22 kHz based on data indicating that some mysticetes can hear above 22 kHz; Au et al., 2006; Lucifredi and Stein, 2007; Ketten and Mountain, 2009; Tubelli et al., 2012); Mid-frequency cetaceans (32 species of dolphins, six species of larger toothed whales, and 19 species of beaked and bottlenose whales): Functional hearing estimates occur between approximately 150 Hz and 160 kHz; High-frequency cetaceans (eight species of true porpoises, six species of river dolphins, Kogia, the franciscana, and four species of cephalorhynchids): Functional hearing estimates occur between approximately 200 Hz and 180 kHz; and Pinnipeds in water: Phocid (true seals) functional hearing estimates occur between approximately 75 Hz and 100 kHz (Hemila et al., 2006; Mulsow et al., 2011; Reichmuth et al., 2013) and otariid (seals and sea lions) functional hearing estimates occur between approximately 100 Hz to 40 kHz. Approximately 42 marine mammal species (8 mysticetes, 32 odontocetes, and two pinnipeds) would likely occur in the proposed action area. Table 2 presents the classification of these species into their respective functional hearing group. NMFS consider a species' functional hearing group when analyzing the effects of exposure to sound on marine mammals. Table 2--Classification of Marine Mammals That Could Potentially Occur in the Proposed Survey Areas Within the South Atlantic Ocean (January through March 2016) by Functional Hearing Group [Southall et al., 2007] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Low Frequency Hearing Range....... Antarctic minke, blue, Bryde's, common (dwarf) minke, fin, humpback, Sei, and Southern right whale Mid-Frequency Hearing Range....... Sperm whale; Cuvier's, Andrew's, Arnoux's, Blainville's, Gervais', Gray's, Hector's, Shepherd's, strap- toothed, and True's beaked whale; Southern bottlenose whale; bottlenose, rough-toothed, pantropical spotted, striped, Fraser's dolphin spinner, Atlantic spotted, Clymene, Risso's, long- beaked common, short-beaked common, and Southern right whale dolphin; melon-headed whale; pygmy killer whale; false killer whale; killer whale, long-finned pilot whale; and short-finned pilot whale High Frequency Hearing Range...... Dwarf sperm whale and pygmy sperm whale Pinnipeds in Water Hearing Range.. Southern elephant seal and Subantarctic fur seal ------------------------------------------------------------------------ 1. Potential Effects of Airgun Sounds on Marine Mammals 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 impairment, or non-auditory physical or physiological effects (Richardson et al., 1995; Gordon et al., 2003; Nowacek et al., 2007; Southall et al., 2007). The effects of noise on marine mammals are highly variable, often depending on species and contextual factors (based on Richardson et al., 1995). Tolerance Studies on marine mammals' tolerance to sound in the natural environment are relatively rare. Richardson et al. (1995) defined tolerance as the occurrence of marine mammals in areas where they are exposed to human activities or manmade noise. In many cases, tolerance develops by the animal habituating to the stimulus (i.e., the gradual waning of responses to a repeated or ongoing stimulus) (Richardson, et al., 1995), but because of ecological or physiological requirements, many marine animals may need to remain in areas where they are exposed to chronic stimuli (Richardson, et al., 1995). Numerous studies have shown that pulsed sounds from airguns are often readily detectable in the water at distances of many kilometers. Several studies have also shown that marine mammals at distances of more than a few kilometers from operating seismic vessels often show no apparent response. That is often true even in cases when the pulsed sounds must be readily audible to the animals based on measured received levels and the hearing sensitivity of the marine mammal group. Although various baleen whales and toothed whales, and (less frequently) pinnipeds have been shown to react behaviorally to airgun pulses under some conditions, at other times marine mammals of all three types have shown no overt reactions (Stone, 2003; Stone and Tasker, 2006; Moulton et al. 2005, 2006) and (MacLean and Koski, 2005; Bain and Williams, 2006). Weir (2008) observed marine mammal responses to seismic pulses from a 24 airgun array firing a total volume of either 5,085 in\3\ or 3,147 in\3\ in Angolan waters between August 2004 and May 2005. Weir (2008) recorded a total of 207 sightings of humpback whales (n = 66), sperm whales (n = 124), and Atlantic spotted dolphins (n = 17) and reported that there were no significant differences in encounter rates (sightings per hour) for humpback and sperm whales according to the airgun array's operational status (i.e., active versus silent). Bain and Williams (2006) examined the effects of a large airgun array (maximum total discharge volume of 1,100 in\3\) on six species in shallow waters off British Columbia and Washington: Harbor seal (Phoca vitulina), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), gray whale (Eschrichtius robustus), Dall's porpoise (Phocoenoides dalli), and harbor porpoise (Phocoena phocoena). Harbor porpoises showed reactions at received levels less than 155 dB re: 1 [mu]Pa at a distance of greater than 70 km (43 mi) from the seismic source (Bain and Williams, 2006). However, the tendency for greater responsiveness by harbor porpoise is consistent with their relative responsiveness to boat traffic and some other acoustic sources (Richardson, et al., 1995; Southall, et al., 2007). In contrast, the authors reported that gray whales seemed to tolerate exposures to sound up to approximately 170 dB re: 1 [mu]Pa (Bain and Williams, 2006) and [[Page 75362]] Dall's porpoises occupied and tolerated areas receiving exposures of 170-180 dB re: 1 [mu]Pa (Bain and Williams, 2006; Parsons, et al., 2009). The authors observed several gray whales that moved away from the airguns toward deeper water where sound levels were higher due to propagation effects resulting in higher noise exposures (Bain and Williams, 2006). However, it is unclear whether their movements reflected a response to the sounds (Bain and Williams, 2006). Thus, the authors surmised that the lack of gray whale responses to higher received sound levels were ambiguous at best because one expects the species to be the most sensitive to the low-frequency sound emanating from the airguns (Bain and Williams, 2006). Pirotta et al. (2014) observed short-term responses of harbor porpoises to a two-dimensional (2-D) seismic survey in an enclosed bay in northeast Scotland which did not result in broad-scale displacement. The harbor porpoises that remained in the enclosed bay area reduced their buzzing activity by 15 percent during the seismic survey (Pirotta, et al., 2014). Thus, the authors suggest that animals exposed to anthropogenic disturbance may make trade-offs between perceived risks and the cost of leaving disturbed areas (Pirotta, et al., 2014). Masking Marine mammals use acoustic signals for a variety of purposes, which differ among species, but include communication between individuals, navigation, foraging, reproduction, avoiding predators, and learning about their environment (Erbe and Farmer, 2000; Tyack, 2000). The term masking refers to the inability of an animal to recognize the occurrence of an acoustic stimulus because of interference of another acoustic stimulus (Clark et al., 2009). Thus, masking is the obscuring of sounds of interest by other sounds, often at similar frequencies. It is a phenomenon that affects animals that are trying to receive acoustic information about their environment, including sounds from other members of their species, predators, prey, and sounds that allow them to orient in their environment. Masking these acoustic signals can disturb the behavior of individual animals, groups of animals, or entire populations. Introduced underwater sound may, through masking, may more specifically reduce the effective communication distance of a marine mammal species if the frequency of the source is close to that used as a signal by the marine mammal, and if the anthropogenic sound is present for a significant fraction of the time (Richardson et al., 1995). Marine mammals are thought to be able to compensate for communication masking by adjusting their acoustic behavior through shifting call frequencies, increasing call volume, and increasing vocalization rates. For example in one study, blue whales increased call rates when exposed to noise from seismic surveys in the St. Lawrence Estuary (Di Iorio and Clark, 2010). Other studies reported that some North Atlantic right whales exposed to high shipping noise increased call frequency (Parks et al., 2007) and some humpback whales responded to low-frequency active sonar playbacks by increasing song length (Miller et al., 2000). Additionally, beluga whales change their vocalizations in the presence of high background noise possibly to avoid masking calls (Au et al., 1985; Lesage et al., 1999; Scheifele et al., 2005). Studies have shown that some baleen and toothed whales continue calling in the presence of seismic pulses, and some researchers have heard these calls between the seismic pulses (e.g., Richardson et al., 1986; McDonald et al., 1995; Greene et al., 1999; Nieukirk et al., 2004; Smultea et al., 2004; Holst et al., 2005a, 2005b, 2006; and Dunn and Hernandez, 2009). In contrast, Clark and Gagnon (2006) reported that fin whales in the northeast Pacific Ocean went silent for an extended period starting soon after the onset of a seismic survey in the area. Similarly, NMFS is aware of one report that observed sperm whales ceasing calls when exposed to pulses from a very distant seismic ship (Bowles et al., 1994). However, more recent studies have found that sperm whales continued calling in the presence of seismic pulses (Madsen et al., 2002; Tyack et al., 2003; Smultea et al., 2004; Holst et al., 2006; and Jochens et al., 2008). Risch et al. (2012) documented reductions in humpback whale vocalizations in the Stellwagen Bank National Marine Sanctuary concurrent with transmissions of the Ocean Acoustic Waveguide Remote Sensing (OAWRS) low-frequency fish sensor system at distances of 200 km (124 mi) from the source. The recorded OAWRS produced series of frequency modulated pulses and the signal received levels ranged from 88 to 110 dB re: 1 [mu]Pa (Risch, et al., 2012). The authors hypothesized that individuals did not leave the area but instead ceased singing and noted that the duration and frequency range of the OAWRS signals (a novel sound to the whales) were similar to those of natural humpback whale song components used during mating (Risch et al., 2012). Thus, the novelty of the sound to humpback whales in the study area provided a compelling contextual probability for the observed effects (Risch et al., 2012). However, the authors did not state or imply that these changes had long-term effects on individual animals or populations (Risch et al., 2012). Several studies have also reported hearing dolphins and porpoises calling while airguns were operating (e.g., Gordon et al., 2004; Smultea et al., 2004; Holst et al., 2005a, b; and Potter et al., 2007). The sounds important to small odontocete communication are predominantly at much higher frequencies than the dominant components of airgun sounds, thus limiting the potential for masking in those species. Although some degree of masking is inevitable when high levels of manmade broadband sounds are present in the sea, marine mammals have evolved systems and behavior that function to reduce the impacts of masking. Odontocete conspecifics may readily detect structured signals, such as the echolocation click sequences of small toothed whales even in the presence of strong background noise because their frequency content and temporal features usually differ strongly from those of the background noise (Au and Moore, 1988, 1990). The components of background noise that are similar in frequency to the sound signal in question primarily determine the degree of masking of that signal. Redundancy and context can also facilitate detection of weak signals. These phenomena may help marine mammals detect weak sounds in the presence of natural or manmade noise. Most masking studies in marine mammals present the test signal and the masking noise from the same direction. The sound localization abilities of marine mammals suggest that, if signal and noise come from different directions, masking would not be as severe as the usual types of masking studies might suggest (Richardson et al., 1995). The dominant background noise may be highly directional if it comes from a particular anthropogenic source such as a ship or industrial site. Directional hearing may significantly reduce the masking effects of these sounds by improving the effective signal-to-noise ratio. In the cases of higher frequency hearing by the bottlenose dolphin, beluga whale, and killer whale, empirical evidence [[Page 75363]] confirms that masking depends strongly on the relative directions of arrival of sound signals and the masking noise (Penner et al., 1986; Dubrovskiy, 1990; Bain et al., 1993; Bain and Dahlheim, 1994). Toothed whales and probably other marine mammals as well, have additional capabilities besides directional hearing that can facilitate detection of sounds in the presence of background noise. There is evidence that some toothed whales can shift the dominant frequencies of their echolocation signals from a frequency range with a lot of ambient noise toward frequencies with less noise (Au et al., 1974, 1985; Moore and Pawloski, 1990; Thomas and Turl, 1990; Romanenko and Kitain, 1992; Lesage et al., 1999). A few marine mammal species increase the source levels or alter the frequency of their calls in the presence of elevated sound levels (Dahlheim, 1987; Au, 1993; Lesage et al., 1993, 1999; Terhune, 1999; Foote et al., 2004; Parks et al., 2007, 2009; Di Iorio and Clark, 2010; Holt et al., 2009). These data demonstrating adaptations for reduced masking pertain mainly to the very high frequency echolocation signals of toothed whales. There is less information about the existence of corresponding mechanisms at moderate or low frequencies or in other types of marine mammals. For example, Zaitseva et al. (1980) found that, for the bottlenose dolphin, the angular separation between a sound source and a masking noise source had little effect on the degree of masking when the sound frequency was 18 kHz, in contrast to the pronounced effect at higher frequencies. Studies have noted directional hearing at frequencies as low as 0.5-2 kHz in several marine mammals, including killer whales (Richardson et al., 1995a). This ability may be useful in reducing masking at these frequencies. In summary, high levels of sound generated by anthropogenic activities may act to mask the detection of weaker biologically important sounds by some marine mammals. This masking may be more prominent for lower frequencies. For higher frequencies, such as that used in echolocation by toothed whales, several mechanisms are available that may allow them to reduce the effects of such masking. Behavioral Disturbance Marine mammals may behaviorally react to sound when exposed to anthropogenic noise. Reactions to sound, if any, depend on species, state of maturity, experience, current activity, reproductive state, time of day, and many other factors (Richardson et al., 1995; Wartzok et al., 2004; Southall et al., 2007; Weilgart, 2007). Types of behavioral reactions can include the following: changing durations of surfacing and dives, number of blows per surfacing, or moving direction and/or speed; reduced/increased vocal activities; changing/cessation of certain behavioral activities (such as socializing or feeding); visible startle response or aggressive behavior (such as tail/fluke slapping or jaw clapping); avoidance of areas where noise sources are located; and/or flight responses (e.g., pinnipeds flushing into water from haulouts or rookeries). The biological significance of many of these behavioral disturbances is difficult to predict, especially if the detected disturbances appear minor. However, one could expect the consequences of behavioral modification to be biologically significant if the change affects growth, survival, and/or reproduction (e.g., Lusseau and Bejder, 2007; Weilgart, 2007). Examples of behavioral modifications that could impact growth, survival, or reproduction include: Drastic changes in diving/surfacing patterns (such as those associated with beaked whale stranding related to exposure to military mid-frequency tactical sonar); Permanent habitat abandonment due to loss of desirable acoustic environment; and Disruption of feeding or social interaction resulting in significant energetic costs, inhibited breeding, or cow-calf separation. The onset of behavioral disturbance from anthropogenic noise depends on both external factors (characteristics of noise sources and their paths) and the receiving animals (hearing, motivation, experience, demography) and is also difficult to predict (Richardson et al., 1995; Southall et al., 2007). Baleen Whales Studies have shown that underwater sounds from seismic activities are often readily detectable by baleen whales in the water at distances of many kilometers (Castellote et al., 2012 for fin whales). Many studies have also shown that marine mammals at distances more than a few kilometers away often show no apparent response when exposed to seismic activities (e.g., Madsen & Mohl, 2000 for sperm whales; Malme et al., 1983, 1984 for gray whales; and Richardson et al., 1986 for bowhead whales). Other studies have shown that marine mammals continue important behaviors in the presence of seismic pulses (e.g., Dunn & Hernandez, 2009 for blue whales; Greene Jr. et al., 1999 for bowhead whales; Holst and Beland, 2010; Holst and Smultea, 2008; Holst et al., 2005; Nieukirk et al., 2004; Richardson, et al., 1986; Smultea et al., 2004). Observers have seen various species of Balaenoptera (blue, sei, fin, and minke whales) in areas ensonified by airgun pulses (Stone, 2003; MacLean and Haley, 2004; Stone and Tasker, 2006), and have localized calls from blue and fin whales in areas with airgun operations (e.g., McDonald et al., 1995; Dunn and Hernandez, 2009; Castellote et al., 2010). Sightings by observers on seismic vessels off the United Kingdom from 1997 to 2000 suggest that, during times of good visibility, sighting rates for mysticetes (mainly fin and sei whales) were similar when large arrays of airguns were shooting versus silent (Stone, 2003; Stone and Tasker, 2006). However, these whales tended to exhibit localized avoidance, remaining significantly further (on average) from the airgun array during seismic operations compared with non-seismic periods (Stone and Tasker, 2006). Ship-based monitoring studies of baleen whales (including blue, fin, sei, minke, and whales) in the northwest Atlantic found that overall, this group had lower sighting rates during seismic versus non- seismic periods (Moulton and Holst, 2010). The authors observed that baleen whales as a group were significantly farther from the vessel during seismic compared with non-seismic periods. Moreover, the authors observed that the whales swam away more often from the operating seismic vessel (Moulton and Holst, 2010). Initial sightings of blue and minke whales were significantly farther from the vessel during seismic operations compared to non-seismic periods and the authors observed the same trend for fin whales (Moulton and Holst, 2010). Also, the authors observed that minke whales most often swam away from the vessel when seismic operations were underway (Moulton and Holst, 2010). Blue Whales McDonald et al. (1995) tracked blue whales relative to a seismic survey with a 1,600 in\3\ airgun array. One whale started its call sequence within 15 km (9.3 mi) from the source, then followed a pursuit track that decreased its distance to the vessel where it stopped calling at a range of 10 km (6.2 mi) (estimated received level at 143 dB re: 1 [mu]Pa (peak-to-peak)). After that point, the ship increased its distance from the whale which continued a new call sequence after approximately one hour [[Page 75364]] and 10 km (6.2 mi) from the ship. The authors reported that the whale had taken a track paralleling the ship during the cessation phase but observed the whale moving diagonally away from the ship after approximately 30 minutes continuing to vocalize. Because the whale may have approached the ship intentionally or perhaps was unaffected by the airguns, the authors concluded that there was insufficient data to infer conclusions from their study related to blue whale responses (McDonald, et al., 1995). Dunn and Hernandez (2009) tracked blue whales in the eastern tropical Pacific Ocean near the northern East Pacific Rise using 25 ocean-bottom-mounted hydrophones and ocean bottom seismometers during the conduct of an academic seismic survey by the R/V Maurice Ewing in 1997. During the airgun operations, the authors recorded the airgun pulses across the entire seismic array which they determined were detectable by eight whales that had entered into the area during a period of airgun activity (Dunn and Hernandez, 2009). The authors were able to track each whale call-by-call using the B components of the calls and examine the whales' locations and call characteristics with respect to the periods of airgun activity. The authors tracked the blue whales from 28 to 100 km (17 to 62 mi) away from active air-gun operations, but did not observe changes in call rates and found no evidence of anomalous behavior that they could directly ascribed to the use of the airguns (Dunn and Hernandez, 2009; Wilcock et al., 2014). Further, the authors state that while the data do not permit a thorough investigation of behavioral responses, they observed no correlation in vocalization or movement with the concurrent airgun activity and estimated that the sound levels produced by the Ewing's airguns were approximately less than 145 dB re: 1 [mu]Pa (Dunn and Hernandez, 2009). Fin Whales Castellote et al. (2010) observed localized avoidance by fin whales during seismic airgun events in the western Mediterranean Sea and adjacent Atlantic waters from 2006-2009 and reported that singing fin whales moved away from an operating airgun array for a time period that extended beyond the duration of the airgun activity. Gray Whales A few studies have documented reactions of migrating and feeding (but not wintering) gray whales (Eschrichtius robustus) to seismic surveys. Malme et al. (1986, 1988) studied the responses of feeding eastern Pacific gray whales to pulses from a single 100-in\3\ airgun off St. Lawrence Island in the northern Bering Sea. They estimated, based on small sample sizes, that 50 percent of feeding gray whales stopped feeding at an average received pressure level of 173 dB re: 1 [mu]Pa on an (approximate) root mean square basis, and that 10 percent of feeding whales interrupted feeding at received levels of 163 dB re: 1 [micro]Pa. Those findings were generally consistent with the results of experiments conducted on larger numbers of gray whales that were migrating along the California coast (Malme et al., 1984; Malme and Miles, 1985), and western Pacific gray whales feeding off Sakhalin Island, Russia (Wursig et al., 1999; Gailey et al., 2007; Johnson et al., 2007; Yazvenko et al., 2007a, 2007b), along with data on gray whales off British Columbia (Bain and Williams, 2006). Data on short-term reactions by cetaceans to impulsive noises are not necessarily indicative of long-term or biologically significant effects. It is not known whether impulsive sounds affect reproductive rate or distribution and habitat use in subsequent days or years. However, gray whales have continued to migrate annually along the west coast of North America with substantial increases in the population over recent years, despite intermittent seismic exploration (and much ship traffic) in that area for decades (Appendix A in Malme et al., 1984; Richardson et al., 1995; Allen and Angliss, 2014). The western Pacific gray whale population did not appear affected by a seismic survey in its feeding ground during a previous year (Johnson et al., 2007). Similarly, bowhead whales (Balaena mysticetus) have continued to travel to the eastern Beaufort Sea each summer, and their numbers have increased notably, despite seismic exploration in their summer and autumn range for many years (Richardson et al., 1987; Allen and Angliss, 2014). The history of coexistence between seismic surveys and baleen whales suggests that brief exposures to sound pulses from any single seismic survey are unlikely to result in prolonged effects. Humpback Whales McCauley et al. (1998, 2000) studied the responses of humpback whales off western Australia to a full-scale seismic survey with a 16- airgun array (2,678-in\3\) and to a single, 20-in\3\ airgun with source level of 227 dB re: 1 [micro]Pa (peak-to-peak). In the 1998 study, the researchers documented that avoidance reactions began at five to eight km (3.1 to 4.9 mi) from the array, and that those reactions kept most pods approximately three to four km (1.9 to 2.5 mi) from the operating seismic boat. In the 2000 study, McCauley et al. noted localized displacement during migration of four to five km (2.5 to 3.1 mi) by traveling pods and seven to 12 km (4.3 to 7.5 mi) by more sensitive resting pods of cow-calf pairs. Avoidance distances with respect to the single airgun were smaller but consistent with the results from the full array in terms of the received sound levels. The mean received level for initial avoidance of an approaching airgun was 140 dB re: 1 [micro]Pa for humpback pods containing females, and at the mean closest point of approach distance, the received level was 143 dB re: 1 [micro]Pa. The initial avoidance response generally occurred at distances of five to eight km (3.1 to 4.9 mi) from the airgun array and 2 km (1.2 mi) from the single airgun. However, some individual humpback whales, especially males, approached within distances of 100 to 400 m (328 to 1,312 ft), where the maximum received level was 179 dB re: 1 [micro]Pa. Data collected by observers during several of Lamont-Doherty's seismic surveys in the northwest Atlantic Ocean showed that sighting rates of humpback whales were significantly greater during non-seismic periods compared with periods when a full array was operating (Moulton and Holst, 2010). In addition, humpback whales were more likely to swim away and less likely to swim towards a vessel during seismic versus non-seismic periods (Moulton and Holst, 2010). Humpback whales on their summer feeding grounds in southeast Alaska did not exhibit persistent avoidance when exposed to seismic pulses from a 1.64-L (100-in\3\) airgun (Malme et al., 1985). Some humpbacks seemed ``startled'' at received levels of 150 to 169 dB re: 1 [mu]Pa. Malme et al. (1985) concluded that there was no clear evidence of avoidance, despite the possibility of subtle effects, at received levels up to 172 re: 1 [mu]Pa. However, Moulton and Holst (2010) reported that humpback whales monitored during seismic surveys in the northwest Atlantic had lower sighting rates and were most often seen swimming away from the vessel during seismic periods compared with periods when airguns were silent. Other studies have suggested that south Atlantic humpback whales wintering off Brazil may be displaced or even strand upon exposure to seismic surveys (Engel et al., 2004). However, the evidence for this was circumstantial and subject to alternative explanations (IAGC, 2004). Also, the evidence was [[Page 75365]] not consistent with subsequent results from the same area of Brazil (Parente et al., 2006), or with direct studies of humpbacks exposed to seismic surveys in other areas and seasons. After allowance for data from subsequent years, there was ``no observable direct correlation'' between strandings and seismic surveys (IWC, 2007: 236). Toothed Whales Few systematic data are available describing reactions of toothed whales to noise pulses. However, systematic work on sperm whales is underway (e.g., Gordon et al., 2006; Madsen et al., 2006; Winsor and Mate, 2006; Jochens et al., 2008; Miller et al., 2009) and there is an increasing amount of information about responses of various odontocetes to seismic surveys based on monitoring studies (e.g., Stone, 2003; Smultea et al., 2004; Moulton and Miller, 2005; Bain and Williams, 2006; Holst et al., 2006; Stone and Tasker, 2006; Potter et al., 2007; Hauser et al., 2008; Holst and Smultea, 2008; Weir, 2008; Barkaszi et al., 2009; Richardson et al., 2009; Moulton and Holst, 2010). Reactions of toothed whales to large arrays of airguns are variable and, at least for delphinids, seem to be confined to a smaller radius than has been observed for mysticetes. Delphinids Seismic operators and protected species observers (observers) on seismic vessels regularly see dolphins and other small toothed whales near operating airgun arrays, but in general there is a tendency for most delphinids to show some avoidance of operating seismic vessels (e.g., Goold, 1996a,b,c; Calambokidis and Osmek, 1998; Stone, 2003; Moulton and Miller, 2005; Holst et al., 2006; Stone and Tasker, 2006; Weir, 2008; Richardson et al., 2009; Barkaszi et al., 2009; Moulton and Holst, 2010). Some dolphins seem to be attracted to the seismic vessel and floats, and some ride the bow wave of the seismic vessel even when large arrays of airguns are firing (e.g., Moulton and Miller, 2005). Nonetheless, there have been indications that small toothed whales sometimes move away or maintain a somewhat greater distance from the vessel when a large array of airguns is operating than when it is silent (e.g., Goold, 1996a,b,c; Stone and Tasker, 2006; Weir, 2008, Barry et al., 2010; Moulton and Holst, 2010). In most cases, the avoidance radii for delphinids appear to be small, on the order of one km or less, and some individuals show no apparent avoidance. Captive bottlenose dolphins exhibited changes in behavior when exposed to strong pulsed sounds similar in duration to those typically used in seismic surveys (Finneran et al., 2000, 2002, 2005). However, the animals tolerated high received levels of sound (pk-pk level > 200 dB re 1 [mu]Pa) before exhibiting aversive behaviors. Killer Whales Observers stationed on seismic vessels operating off the United Kingdom from 1997-2000 have provided data on the occurrence and behavior of various toothed whales exposed to seismic pulses (Stone, 2003; Gordon et al., 2004). The studies note that killer whales were significantly farther from large airgun arrays during periods of active airgun operations compared with periods of silence. The displacement of the median distance from the array was approximately 0.5 km (0.3 mi) or more. Killer whales also appear to be more tolerant of seismic shooting in deeper water (Stone, 2003; Gordon et al., 2004). Sperm Whales Most studies of sperm whales exposed to airgun sounds indicate that the whale shows considerable tolerance of airgun pulses (e.g., Stone, 2003; Moulton et al., 2005, 2006a; Stone and Tasker, 2006; Weir, 2008). In most cases the whales do not show strong avoidance, and they continue to call. However, controlled exposure experiments in the Gulf of Mexico indicate alteration of foraging behavior upon exposure to airgun sounds (Jochens et al., 2008; Miller et al., 2009; Tyack, 2009). Beaked Whales There are almost no specific data on the behavioral reactions of beaked whales to seismic surveys. Most beaked whales tend to avoid approaching vessels of other types (e.g., Wursig et al., 1998). They may also dive for an extended period when approached by a vessel (e.g., Kasuya, 1986), although it is uncertain how much longer such dives may be as compared to dives by undisturbed beaked whales, which also are often quite long (Baird et al., 2006; Tyack et al., 2006). Based on a single observation, Aguilar-Soto et al. (2006) suggested a reduction in foraging efficiency of Cuvier's beaked whales during a close approach by a vessel. In contrast, Moulton and Holst (2010) reported 15 sightings of beaked whales during seismic studies in the northwest Atlantic and the authors observed seven of those sightings during times when at least one airgun was operating. Because sighting rates and distances were similar during seismic and non-seismic periods, the authors could not correlate changes to beaked whale behavior to the effects of airgun operations (Moulton and Holst, 2010). Similarly, other studies have observed northern bottlenose whales remain in the general area of active seismic operations while continuing to produce high-frequency clicks when exposed to sound pulses from distant seismic surveys (Gosselin and Lawson, 2004; Laurinolli and Cochrane, 2005; Simard et al., 2005). Pinnipeds Pinnipeds are not likely to show a strong avoidance reaction to the airgun sources proposed for use. Visual monitoring from seismic vessels has shown only slight (if any) avoidance of airguns by pinnipeds and only slight (if any) changes in behavior. Monitoring work in the Alaskan Beaufort Sea during 1996-2001 provided considerable information regarding the behavior of Arctic ice seals exposed to seismic pulses (Harris et al., 2001; Moulton and Lawson, 2002). These seismic projects usually involved arrays of 6 to 16 airguns with total volumes of 560 to 1,500 in\3\. The combined results suggest that some seals avoid the immediate area around seismic vessels. In most survey years, ringed seal (Phoca hispida) sightings tended to be farther away from the seismic vessel when the airguns were operating than when they were not (Moulton and Lawson, 2002). However, these avoidance movements were relatively small, on the order of 100 m (328 ft) to a few hundred meters, and many seals remained within 100-200 m (328-656 ft) of the trackline as the operating airgun array passed by the animals. Seal sighting rates at the water surface were lower during airgun array operations than during no-airgun periods in each survey year except 1997. Similarly, seals are often very tolerant of pulsed sounds from seal-scaring devices (Mate and Harvey, 1987; Jefferson and Curry, 1994; Richardson et al., 1995). However, initial telemetry work suggests that avoidance and other behavioral reactions by two other species of seals to small airgun sources may at times be stronger than evident to date from visual studies of pinniped reactions to airguns (Thompson et al., 1998). Hearing Impairment Exposure to high intensity sound for a sufficient duration may result in auditory effects such as a noise-induced threshold shift--an increase in the auditory threshold after exposure to noise (Finneran et al., 2005). Factors that influence the amount of threshold shift include the amplitude, duration, [[Page 75366]] frequency content, temporal pattern, and energy distribution of noise exposure. The magnitude of hearing threshold shift normally decreases over time following cessation of the noise exposure. The amount of threshold shift just after exposure is the initial threshold shift. If the threshold shift eventually returns to zero (i.e., the threshold returns to the pre-exposure value), it is a temporary threshold shift (Southall et al., 2007). Threshold Shift (Noise-Induced Loss of Hearing) When animals exhibit reduced hearing sensitivity (i.e., sounds must be louder for an animal to detect them) following exposure to an intense sound or sound for long duration, it is referred to as a noise- induced threshold shift (TS). An animal can experience temporary threshold shift (TTS) or permanent threshold shift (PTS). TTS can last from minutes or hours to days (i.e., there is complete recovery), can occur in specific frequency ranges (i.e., an animal might only have a temporary loss of hearing sensitivity between the frequencies of 1 and 10 kHz), and can be of varying amounts (for example, an animal's hearing sensitivity might be reduced initially by only 6 dB or reduced by 30 dB). PTS is permanent, but some recovery is possible. PTS can also occur in a specific frequency range and amount as mentioned above for TTS. The following physiological mechanisms are thought to play a role in inducing auditory TS: Effects to sensory hair cells in the inner ear that reduce their sensitivity, modification of the chemical environment within the sensory cells, residual muscular activity in the middle ear, displacement of certain inner ear membranes, increased blood flow, and post-stimulatory reduction in both efferent and sensory neural output (Southall et al., 2007). The amplitude, duration, frequency, temporal pattern, and energy distribution of sound exposure all can affect the amount of associated TS and the frequency range in which it occurs. As amplitude and duration of sound exposure increase, so, generally, does the amount of TS, along with the recovery time. For intermittent sounds, less TS could occur than compared to a continuous exposure with the same energy (some recovery could occur between intermittent exposures depending on the duty cycle between sounds) (Kryter et al., 1966; Ward, 1997). For example, one short but loud (higher SPL) sound exposure may induce the same impairment as one longer but softer sound, which in turn may cause more impairment than a series of several intermittent softer sounds with the same total energy (Ward, 1997). Additionally, though TTS is temporary, prolonged exposure to sounds strong enough to elicit TTS, or shorter-term exposure to sound levels well above the TTS threshold, can cause PTS, at least in terrestrial mammals (Kryter, 1985). PTS is considered an auditory injury (Southall et al., 2007). Irreparable damage to the inner or outer cochlear hair cells may cause PTS; however, other mechanisms are also involved, such as exceeding the elastic limits of certain tissues and membranes in the middle and inner ears and resultant changes in the chemical composition of the inner ear fluids (Southall et al., 2007). Although the published body of scientific literature contains numerous theoretical studies and discussion papers on hearing impairments that can occur with exposure to a loud sound, only a few studies provide empirical information on the levels at which noise- induced loss in hearing sensitivity occurs in non-human animals. Recent studies by Kujawa and Liberman (2009) and Lin et al. (2011) found that despite completely reversible threshold shifts that leave cochlear sensory cells intact, large threshold shifts could cause synaptic level changes and delayed cochlear nerve degeneration in mice and guinea pigs, respectively. NMFS notes that the high level of TTS that led to the synaptic changes shown in these studies is in the range of the high degree of TTS that Southall et al. (2007) used to calculate PTS levels. It is unknown whether smaller levels of TTS would lead to similar changes. NMFS, however, acknowledges the complexity of noise exposure on the nervous system, and will re-examine this issue as more data become available. For marine mammals, published data are limited to the captive bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless porpoise (Finneran et al., 2000, 2002b, 2003, 2005a, 2007, 2010a, 2010b; Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al., 2009a, 2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; Schlundt et al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in water, data are limited to measurements of TTS in harbor seals, an elephant seal, and California sea lions (Kastak et al., 1999, 2005; Kastelein et al., 2012b). Lucke et al. (2009) found a threshold shift (TS) of a harbor porpoise after exposing it to airgun noise with a received sound pressure level (SPL) at 200.2 dB (peak-to-peak) re: 1 [mu]Pa, which corresponds to a sound exposure level of 164.5 dB re: 1 [mu]Pa2 s after integrating exposure. NMFS currently uses the root-mean-square (rms) of received SPL at 180 dB and 190 dB re: 1 [mu]Pa as the threshold above which permanent threshold shift (PTS) could occur for cetaceans and pinnipeds, respectively. Because the airgun noise is a broadband impulse, one cannot directly determine the equivalent of rms SPL from the reported peak-to-peak SPLs. However, applying a conservative conversion factor of 16 dB for broadband signals from seismic surveys (McCauley, et al., 2000) to correct for the difference between peak-to- peak levels reported in Lucke et al. (2009) and rms SPLs, the rms SPL for TTS would be approximately 184 dB re: 1 [mu]Pa, and the received levels associated with PTS (Level A harassment) would be higher. This is still above NMFS' current 180 dB rms re: 1 [mu]Pa threshold for injury. However, NMFS recognizes that TTS of harbor porpoises is lower than other cetacean species empirically tested (Finneran & Schlundt, 2010; Finneran et al., 2002; Kastelein and Jennings, 2012). A recent study on bottlenose dolphins (Schlundt, et al., 2013) measured hearing thresholds at multiple frequencies to determine the amount of TTS induced before and after exposure to a sequence of impulses produced by a seismic airgun. The airgun volume and operating pressure varied from 40-150 in\3\ and 1000-2000 psi, respectively. After three years and 180 sessions, the authors observed no significant TTS at any test frequency, for any combinations of airgun volume, pressure, or proximity to the dolphin during behavioral tests (Schlundt, et al., 2013). Schlundt et al. (2013) suggest that the potential for airguns to cause hearing loss in dolphins is lower than previously predicted, perhaps as a result of the low-frequency content of airgun impulses compared to the high-frequency hearing ability of dolphins. Marine mammal hearing plays a critical role in communication with conspecifics, and interpretation of environmental cues for purposes such as predator avoidance and prey capture. Depending on the degree (elevation of threshold in dB), duration (i.e., recovery time), and frequency range of TTS, and the context in which it is experienced, TTS can have effects on marine mammals ranging from discountable to serious (similar to those discussed in auditory masking, below). For example, a marine mammal may be able to readily compensate for a brief, relatively small amount of TTS in a non-critical frequency range that occurs during a [[Page 75367]] time where ambient noise is lower and there are not as many competing sounds present. Alternatively, a larger amount and longer duration of TTS sustained during time when communication is critical for successful mother/calf interactions could have more serious impacts. Also, depending on the degree and frequency range, the effects of PTS on an animal could range in severity, although it is considered generally more serious because it is a permanent condition. Of note, reduced hearing sensitivity as a simple function of aging has been observed in marine mammals, as well as humans and other taxa (Southall et al., 2007), so one can infer that strategies exist for coping with this condition to some degree, though likely not without cost. Given the higher level of sound necessary to cause PTS as compared with TTS, it is considerably less likely that PTS would occur during the proposed seismic survey. Cetaceans generally avoid the immediate area around operating seismic vessels, as do some other marine mammals. Some pinnipeds show avoidance reactions to airguns, but their avoidance reactions are generally not as strong or consistent compared to cetacean reactions. Non-Auditory Physical Effects Non-auditory physical effects might occur in marine mammals exposed to strong underwater pulsed sound. Possible types of non-auditory physiological effects or injuries that theoretically might occur in mammals close to a strong sound source include stress, neurological effects, bubble formation, and other types of organ or tissue damage. Some marine mammal species (i.e., beaked whales) may be especially susceptible to injury and/or stranding when exposed to strong pulsed sounds. Classic stress responses begin when an animal's central nervous system perceives a potential threat to its homeostasis. That perception triggers stress responses regardless of whether a stimulus actually threatens the animal; the mere perception of a threat is sufficient to trigger a stress response (Moberg, 2000; Sapolsky et al., 2005; Seyle, 1950). Once an animal's central nervous system perceives a threat, it mounts a biological response or defense that consists of a combination of the four general biological defense responses: Behavioral responses; autonomic nervous system responses; neuroendocrine responses; or immune responses. In the case of many stressors, an animal's first and most economical (in terms of biotic costs) response is behavioral avoidance of the potential stressor or avoidance of continued exposure to a stressor. An animal's second line of defense to stressors involves the sympathetic part of the autonomic nervous system and the classic ``fight or flight'' response, which includes the cardiovascular system, the gastrointestinal system, the exocrine glands, and the adrenal medulla to produce changes in heart rate, blood pressure, and gastrointestinal activity that humans commonly associate with stress. These responses have a relatively short duration and may or may not have significant long-term effects on an animal's welfare. An animal's third line of defense to stressors involves its neuroendocrine or sympathetic nervous systems; the system that has received the most study has been the hypothalamus-pituitary-adrenal system (also known as the HPA axis in mammals or the hypothalamus- pituitary-interrenal axis in fish and some reptiles). Unlike stress responses associated with the autonomic nervous system, the pituitary hormones regulate virtually all neuroendocrine functions affected by stress--including immune competence, reproduction, metabolism, and behavior. Stress-induced changes in the secretion of pituitary hormones have been implicated in failed reproduction (Moberg, 1987; Rivier, 1995), altered metabolism (Elasser et al., 2000), reduced immune competence (Blecha, 2000), and behavioral disturbance. Increases in the circulation of glucocorticosteroids (cortisol, corticosterone, and aldosterone in marine mammals; see Romano et al., 2004) have been equated with stress for many years. The primary distinction between stress (which is adaptive and does not normally place an animal at risk) and distress is the biotic cost of the response. During a stress response, an animal uses glycogen stores that the body quickly replenishes after alleviation of the stressor. In such circumstances, the cost of the stress response would not pose a risk to the animal's welfare. However, when an animal does not have sufficient energy reserves to satisfy the energetic costs of a stress response, it diverts energy resources from other biotic functions, which impair those functions that experience the diversion. For example, when mounting a stress response diverts energy away from growth in young animals, those animals may experience stunted growth. When mounting a stress response diverts energy from a fetus, an animal's reproductive success and fitness will suffer. In these cases, the animals will have entered a pre-pathological or pathological state called ``distress'' (sensu Seyle, 1950) or ``allostatic loading'' (sensu McEwen and Wingfield, 2003). This pathological state will last until the animal replenishes its biotic reserves sufficient to restore normal function. Note that these examples involved a long-term (days or weeks) stress response exposure to stimuli. Relationships between these physiological mechanisms, animal behavior, and the costs of stress responses have also been documented fairly well through controlled experiment; because this physiology exists in every vertebrate that has been studied, it is not surprising that stress responses and their costs have been documented in both laboratory and free-living animals (for examples see, Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004; Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer, 2000). Although no information has been collected on the physiological responses of marine mammals to anthropogenic sound exposure, studies of other marine animals and terrestrial animals would lead us to expect some marine mammals to experience physiological stress responses and, perhaps, physiological responses that would be classified as ``distress'' upon exposure to anthropogenic sounds. For example, Jansen (1998) reported on the relationship between acoustic exposures and physiological responses that are indicative of stress responses in humans (e.g., elevated respiration and increased heart rates). Jones (1998) reported on reductions in human performance when faced with acute, repetitive exposures to acoustic disturbance. Trimper et al. (1998) reported on the physiological stress responses of osprey to low-level aircraft noise while Krausman et al. (2004) reported on the auditory and physiology stress responses of endangered Sonoran pronghorn to military overflights. Smith et al. (2004a, 2004b) identified noise-induced physiological transient stress responses in hearing-specialist fish (i.e., goldfish) that accompanied short- and long-term hearing losses. Welch and Welch (1970) reported physiological and behavioral stress responses that accompanied damage to the inner ears of fish and several mammals. Hearing is one of the primary senses marine mammals use to gather information about their environment and communicate with conspecifics. Although empirical information on the relationship between sensory impairment (TTS, PTS, and acoustic masking) on marine mammals remains [[Page 75368]] limited, we assume that reducing a marine mammal's ability to gather information about its environment and communicate with other members of its species would induce stress, based on data that terrestrial animals exhibit those responses under similar conditions (NRC, 2003) and because marine mammals use hearing as their primary sensory mechanism. Therefore, NMFS assumes that acoustic exposures sufficient to trigger onset PTS or TTS would be accompanied by physiological stress responses. More importantly, marine mammals might experience stress responses at received levels lower than those necessary to trigger onset TTS. Based on empirical studies of the time required to recover from stress responses (Moberg, 2000), NMFS also assumes that stress responses could persist beyond the time interval required for animals to recover from TTS and might result in pathological and pre- pathological states that would be as significant as behavioral responses to TTS. Resonance effects (Gentry, 2002) and direct noise-induced bubble formations (Crum et al., 2005) are implausible in the case of exposure to an impulsive broadband source like an airgun array. If seismic surveys disrupt diving patterns of deep-diving species, this might result in bubble formation and a form of the bends, as speculated to occur in beaked whales exposed to sonar. However, there is no specific evidence of this upon exposure to airgun pulses. In general, there are few data about the potential for strong, anthropogenic underwater sounds to cause non-auditory physical effects in marine mammals. Such effects, if they occur at all, would presumably be limited to short distances and to activities that extend over a prolonged period. The available data do not allow identification of a specific exposure level above which non-auditory effects can be expected (Southall et al., 2007) or any meaningful quantitative predictions of the numbers (if any) of marine mammals that might be affected in those ways. There is no definitive evidence that any of these effects occur even for marine mammals in close proximity to large arrays of airguns. In addition, marine mammals that show behavioral avoidance of seismic vessels, including some pinnipeds, are unlikely to incur non-auditory impairment or other physical effects. Stranding and Mortality When a living or dead marine mammal swims or floats onto shore and becomes ``beached'' or incapable of returning to sea, the event is a ``stranding'' (Geraci et al., 1999; Perrin and Geraci, 2002; Geraci and Lounsbury, 2005; NMFS, 2007). The legal definition for a stranding under the MMPA is that ``(A) a marine mammal is dead and is (i) on a beach or shore of the United States; or (ii) in waters under the jurisdiction of the United States (including any navigable waters); or (B) a marine mammal is alive and is (i) on a beach or shore of the United States and is unable to return to the water; (ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or (iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.'' Marine mammals strand for a variety of reasons, such as infectious agents, biotoxicosis, starvation, fishery interaction, ship strike, unusual oceanographic or weather events, sound exposure, or combinations of these stressors sustained concurrently or in series. However, the cause or causes of most strandings are unknown (Geraci et al., 1976; Eaton, 1979; Odell et al., 1980; Best, 1982). Numerous studies suggest that the physiology, behavior, habitat relationships, age, or condition of cetaceans may cause them to strand or might pre- dispose them to strand when exposed to another phenomenon. These suggestions are consistent with the conclusions of numerous other studies that have demonstrated that combinations of dissimilar stressors commonly combine to kill an animal or dramatically reduce its fitness, even though one exposure without the other does not produce the same result (Chroussos, 2000; Creel, 2005; DeVries et al., 2003; Fair and Becker, 2000; Foley et al., 2001; Moberg, 2000; Relyea, 2005a; 2005b, Romero, 2004; Sih et al., 2004). 2. Potential Effects of Other Acoustic Devices Multibeam Echosounder: Lamont-Doherty would operate the Kongsberg EM 122 multibeam echosounder from the source vessel during the planned survey. Sounds from the multibeam echosounder are very short pulses, occurring for two to 15 ms once every five to 20 s, depending on water depth. Most of the energy in the sound pulses emitted by this echosounder is at frequencies near 12 kHz, and the maximum source level is 242 dB re: 1 [mu]Pa. The beam is narrow (1 to 2[deg]) in fore-aft extent and wide (150[deg]) in the cross-track extent. Each ping consists of eight (in water greater than 1,000 m deep) or four (less than 1,000 m deep) successive fan-shaped transmissions (segments) at different cross-track angles. Any given mammal at depth near the trackline would be in the main beam for only one or two of the segments. Also, marine mammals that encounter the Kongsberg EM 122 are unlikely to be subjected to repeated pulses because of the narrow fore- aft width of the beam and will receive only limited amounts of pulse energy because of the short pulses. Animals close to the vessel (where the beam is narrowest) are especially unlikely to be ensonified for more than one 2- to 15-ms pulse (or two pulses if in the overlap area). Similarly, Kremser et al. (2005) noted that the probability of a cetacean swimming through the area of exposure when an echosounder emits a pulse is small. The animal would have to pass the transducer at close range and be swimming at speeds similar to the vessel in order to receive the multiple pulses that might result in sufficient exposure to cause temporary threshold shift. NMFS has considered the potential for behavioral responses such as stranding and indirect injury or mortality from Lamont-Doherty's use of the multibeam echosounder. In 2013, an International Scientific Review Panel (ISRP) investigated a 2008 mass stranding of approximately 100 melon-headed whales in a Madagascar lagoon system (Southall et al., 2013) associated with the use of a high-frequency mapping system. The report indicated that the use of a 12-kHz multibeam echosounder was the most plausible and likely initial behavioral trigger of the mass stranding event. This was the first time that a relatively high- frequency mapping sonar system had been associated with a stranding event. However, the report also notes that there were several site- and situation-specific secondary factors that may have contributed to the avoidance responses that led to the eventual entrapment and mortality of the whales within the Loza Lagoon system (e.g., the survey vessel transiting in a north-south direction on the shelf break parallel to the shore may have trapped the animals between the sound source and the shore driving them towards the Loza Lagoon). They concluded that for odontocete cetaceans that hear well in the 10-50 kHz range, where ambient noise is typically quite low, high-power active sonars operating in this range may be more easily audible and have potential effects over larger areas than low frequency systems that have more typically been considered in [[Page 75369]] terms of anthropogenic noise impacts (Southall, et al., 2013). However, the risk may be very low given the extensive use of these systems worldwide on a daily basis and the lack of direct evidence of such responses previously reported (Southall, et al., 2013). Navy sonars linked to avoidance reactions and stranding of cetaceans: (1) Generally have longer pulse duration than the Kongsberg EM 122; and (2) are often directed close to horizontally versus more downward for the echosounder. The area of possible influence of the echosounder is much smaller--a narrow band below the source vessel. Also, the duration of exposure for a given marine mammal can be much longer for naval sonar. During Lamont-Doherty's operations, the individual pulses will be very short, and a given mammal would not receive many of the downward-directed pulses as the vessel passes by the animal. The following section outlines possible effects of an echosounder on marine mammals. Masking: Marine mammal communications would not be masked appreciably by the echosounder's signals given the low duty cycle of the echosounder and the brief period when an individual mammal is likely to be within its beam. Furthermore, in the case of baleen whales, the echosounder's signals (12 kHz) do not overlap with the predominant frequencies in the calls, which would avoid any significant masking. Behavioral Responses: Behavioral reactions of free-ranging marine mammals to sonars, echosounders, and other sound sources appear to vary by species and circumstance. Observed reactions have included increased vocalizations and no dispersal by pilot whales (Rendell and Gordon, 1999), and strandings by beaked whales. During exposure to a 21 to 25 kHz ``whale-finding'' sonar with a source level of 215 dB re: 1 [micro]Pa, gray whales reacted by orienting slightly away from the source and being deflected from their course by approximately 200 m (Frankel, 2005). When a 38-kHz echosounder and a 150-kHz acoustic Doppler current profiler were transmitting during studies in the eastern tropical Pacific Ocean, baleen whales showed no significant responses, while spotted and spinner dolphins were detected slightly more often and beaked whales less often during visual surveys (Gerrodette and Pettis, 2005). Captive bottlenose dolphins and a beluga whale exhibited changes in behavior when exposed to 1-s tonal signals at frequencies similar to those emitted by Lamont-Doherty's echosounder and to shorter broadband pulsed signals. Behavioral changes typically involved what appeared to be deliberate attempts to avoid the sound exposure (Schlundt et al., 2000; Finneran et al., 2002; Finneran and Schlundt, 2004). The relevance of those data to free-ranging odontocetes is uncertain, and in any case, the test sounds were quite different in duration as compared with those from an echosounder. Hearing Impairment and Other Physical Effects: Given recent stranding events associated with the operation of mid-frequency tactical sonar, there is concern that mid-frequency sonar sounds can cause serious impacts to marine mammals (see earlier discussion). However, the echosounder proposed for use by the Langseth is quite different from sonar used for naval operations. The echosounder's pulse duration is very short relative to the naval sonar. Also, at any given location, an individual marine mammal would be in the echosounder's beam for much less time given the generally downward orientation of the beam and its narrow fore-aft beamwidth; navy sonar often uses near- horizontally-directed sound. Those factors would all reduce the sound energy received from the echosounder relative to that from naval sonar. Lamont-Doherty would also operate a sub-bottom profiler from the source vessel during the proposed survey. The profiler's sounds are very short pulses, occurring for one to four ms once every second. Most of the energy in the sound pulses emitted by the profiler is at 3.5 kHz, and the beam is directed downward. The sub-bottom profiler on the Langseth has a maximum source level of 222 dB re: 1 [mu]Pa. Kremser et al. (2005) noted that the probability of a cetacean swimming through the area of exposure when a bottom profiler emits a pulse is small-- even for a profiler more powerful than that on the Langseth. If the animal was in the area, it would have to pass the transducer at close range and be subjected to sound levels that could cause temporary threshold shift. Masking: Marine mammal communications would not be masked appreciably by the profiler's signals given the directionality of the signal and the brief period when an individual mammal is likely to be within its beam. Furthermore, in the case of most baleen whales, the profiler's signals do not overlap with the predominant frequencies in the calls, which would avoid significant masking. Behavioral Responses: Responses to the profiler are likely to be similar to the other pulsed sources discussed earlier if received at the same levels. However, the pulsed signals from the profiler are considerably weaker than those from the echosounder. Hearing Impairment and Other Physical Effects: It is unlikely that the profiler produces pulse levels strong enough to cause hearing impairment or other physical injuries even in an animal that is (briefly) in a position near the source. The profiler operates simultaneously with other higher-power acoustic sources. Many marine mammals would move away in response to the approaching higher-power sources or the vessel itself before the mammals would be close enough for there to be any possibility of effects from the less intense sounds from the profiler. 3. Potential Effects of Vessel Movement and Collisions Vessel movement in the vicinity of marine mammals has the potential to result in either a behavioral response or a direct physical interaction. We discuss both scenarios here. Behavioral Responses to Vessel Movement: There are limited data concerning marine mammal behavioral responses to vessel traffic and vessel noise, and a lack of consensus among scientists with respect to what these responses mean or whether they result in short-term or long- term adverse effects. In those cases where there is a busy shipping lane or where there is a large amount of vessel traffic, marine mammals may experience acoustic masking (Hildebrand, 2005) if they are present in the area (e.g., killer whales in Puget Sound; Foote et al., 2004; Holt et al., 2008). In cases where vessels actively approach marine mammals (e.g., whale watching or dolphin watching boats), scientists have documented that animals exhibit altered behavior such as increased swimming speed, erratic movement, and active avoidance behavior (Bursk, 1983; Acevedo, 1991; Baker and MacGibbon, 1991; Trites and Bain, 2000; Williams et al., 2002; Constantine et al., 2003), reduced blow interval (Ritcher et al., 2003), disruption of normal social behaviors (Lusseau, 2003; 2006), and the shift of behavioral activities which may increase energetic costs (Constantine et al., 2003; 2004). A detailed review of marine mammal reactions to ships and boats is available in Richardson et al. (1995). For each of the marine mammal taxonomy groups, Richardson et al. (1995) provides the following assessment regarding reactions to vessel traffic: Toothed whales: In summary, toothed whales sometimes show no avoidance [[Page 75370]] reaction to vessels, or even approach them. However, avoidance can occur, especially in response to vessels of types used to chase or hunt the animals. This may cause temporary displacement, but we know of no clear evidence that toothed whales have abandoned significant parts of their range because of vessel traffic. Baleen whales: When baleen whales receive low-level sounds from distant or stationary vessels, the sounds often seem to be ignored. Some whales approach the sources of these sounds. When vessels approach whales slowly and non-aggressively, whales often exhibit slow and inconspicuous avoidance maneuvers. In response to strong or rapidly changing vessel noise, baleen whales often interrupt their normal behavior and swim rapidly away. Avoidance is especially strong when a boat heads directly toward the whale. Behavioral responses to stimuli are complex and influenced to varying degrees by a number of factors, such as species, behavioral contexts, geographical regions, source characteristics (moving or stationary, speed, direction, etc.), prior experience of the animal, and physical status of the animal. For example, studies have shown that beluga whales' reactions varied when exposed to vessel noise and traffic. In some cases, naive beluga whales exhibited rapid swimming from ice-breaking vessels up to 80 km (49.7 mi) away, and showed changes in surfacing, breathing, diving, and group composition in the Canadian high Arctic where vessel traffic is rare (Finley et al., 1990). In other cases, beluga whales were more tolerant of vessels, but responded differentially to certain vessels and operating characteristics by reducing their calling rates (especially older animals) in the St. Lawrence River where vessel traffic is common (Blane and Jaakson, 1994). In Bristol Bay, Alaska, beluga whales continued to feed when surrounded by fishing vessels and resisted dispersal even when purposefully harassed (Fish and Vania, 1971). In reviewing more than 25 years of whale observation data, Watkins (1986) concluded that whale reactions to vessel traffic were ``modified by their previous experience and current activity: habituation often occurred rapidly, attention to other stimuli or preoccupation with other activities sometimes overcame their interest or wariness of stimuli.'' Watkins noticed that over the years of exposure to ships in the Cape Cod area, minke whales changed from frequent positive interest (e.g., approaching vessels) to generally uninterested reactions; fin whales changed from mostly negative (e.g., avoidance) to uninterested reactions; right whales apparently continued the same variety of responses (negative, uninterested, and positive responses) with little change; and humpbacks dramatically changed from mixed responses that were often negative to reactions that were often strongly positive. Watkins (1986) summarized that ``whales near shore, even in regions with low vessel traffic, generally have become less wary of boats and their noises, and they have appeared to be less easily disturbed than previously. In particular locations with intense shipping and repeated approaches by boats (such as the whale-watching areas of Stellwagen Bank), more and more whales had positive reactions to familiar vessels, and they also occasionally approached other boats and yachts in the same ways.'' Vessel Strike Ship strikes of cetaceans can cause major wounds, which may lead to the death of the animal. An animal at the surface could be struck directly by a vessel, a surfacing animal could hit the bottom of a vessel, or a vessel's propeller could injure an animal just below the surface. The severity of injuries typically depends on the size and speed of the vessel (Knowlton and Kraus, 2001; Laist et al., 2001; Vanderlaan and Taggart, 2007). The most vulnerable marine mammals are those that spend extended periods of time at the surface in order to restore oxygen levels within their tissues after deep dives (e.g., the sperm whale). In addition, some baleen whales, such as the North Atlantic right whale, seem generally unresponsive to vessel sound, making them more susceptible to vessel collisions (Nowacek et al., 2004). These species are primarily large, slow moving whales. Smaller marine mammals (e.g., bottlenose dolphin) move quickly through the water column and are often seen riding the bow wave of large ships. Marine mammal responses to vessels may include avoidance and changes in dive pattern (NRC, 2003). An examination of all known ship strikes from all shipping sources (civilian and military) indicates vessel speed is a principal factor in whether a vessel strike results in death (Knowlton and Kraus, 2001; Laist et al., 2001; Jensen and Silber, 2003; Vanderlaan and Taggart, 2007). In assessing records with known vessel speeds, Laist et al. (2001) found a direct relationship between the occurrence of a whale strike and the speed of the vessel involved in the collision. The authors concluded that most deaths occurred when a vessel was traveling in excess of 24.1 km/h (14.9 mph; 13 kts). Entanglement Entanglement can occur if wildlife becomes immobilized in survey lines, cables, nets, or other equipment that is moving through the water column. The proposed seismic survey would require towing approximately 8.0 km (4.9 mi) of equipment and cables. This size of the array generally carries a lower risk of entanglement for marine mammals. Wildlife, especially slow moving individuals, such as large whales, have a low probability of entanglement due to the low amount of slack in the lines, slow speed of the survey vessel, and onboard monitoring. Lamont-Doherty has no recorded cases of entanglement of marine mammals during their conduct of over 11 years of seismic surveys (NSF, 2015). Anticipated Effects on Marine Mammal Habitat The primary potential impacts to marine mammal habitat and other marine species are associated with elevated sound levels produced by airguns. This section describes the potential impacts to marine mammal habitat from the specified activity. Anticipated Effects on Fish as Prey Species NMFS considered the effects of the survey on marine mammal prey (i.e., fish and invertebrates), as a component of marine mammal habitat in the following subsections. There are three types of potential effects of exposure to seismic surveys: (1) Pathological, (2) physiological, and (3) behavioral. Pathological effects involve lethal and temporary or permanent sub- lethal injury. Physiological effects involve temporary and permanent primary and secondary stress responses, such as changes in levels of enzymes and proteins. Behavioral effects refer to temporary and (if they occur) permanent changes in exhibited behavior (e.g., startle and avoidance behavior). The three categories are interrelated in complex ways. For example, it is possible that certain physiological and behavioral changes could potentially lead to an ultimate pathological effect on individuals (i.e., mortality). The available information on the impacts of seismic surveys on marine fish is from studies of individuals or portions of a population. There have been no studies at the population scale. The studies of individual fish have often been on caged fish that were exposed to [[Page 75371]] airgun pulses in situations not representative of an actual seismic survey. Thus, available information provides limited insight on possible real-world effects at the ocean or population scale. Hastings and Popper (2005), Popper (2009), and Popper and Hastings (2009) provided recent critical reviews of the known effects of sound on fish. The following sections provide a general synopsis of the available information on the effects of exposure to seismic and other anthropogenic sound as relevant to fish. The information comprises results from scientific studies of varying degrees of rigor plus some anecdotal information. Some of the data sources may have serious shortcomings in methods, analysis, interpretation, and reproducibility that must be considered when interpreting their results (see Hastings and Popper, 2005). Potential adverse effects of the program's sound sources on marine fish are noted. Pathological Effects: The potential for pathological damage to hearing structures in fish depends on the energy level of the received sound and the physiology and hearing capability of the species in question. For a given sound to result in hearing loss, the sound must exceed, by some substantial amount, the hearing threshold of the fish for that sound (Popper, 2005). The consequences of temporary or permanent hearing loss in individual fish on a fish population are unknown; however, they likely depend on the number of individuals affected and whether critical behaviors involving sound (e.g., predator avoidance, prey capture, orientation and navigation, reproduction, etc.) are adversely affected. There are few data about the mechanisms and characteristics of damage impacting fish by exposure to seismic survey sounds. Peer- reviewed scientific literature has presented few data on this subject. NMFS is aware of only two papers with proper experimental methods, controls, and careful pathological investigation that implicate sounds produced by actual seismic survey airguns in causing adverse anatomical effects. One such study indicated anatomical damage, and the second indicated temporary threshold shift in fish hearing. The anatomical case is McCauley et al. (2003), who found that exposure to airgun sound caused observable anatomical damage to the auditory maculae of pink snapper (Pagrus auratus). This damage in the ears had not been repaired in fish sacrificed and examined almost two months after exposure. On the other hand, Popper et al. (2005) documented only temporary threshold shift (as determined by auditory brainstem response) in two of three fish species from the Mackenzie River Delta. This study found that broad whitefish (Coregonus nasus) exposed to five airgun shots were not significantly different from those of controls. During both studies, the repetitive exposure to sound was greater than what would have occurred during a typical seismic survey. However, the substantial low-frequency energy produced by the airguns (less than 400 Hz in the study by McCauley et al. (2003) and less than approximately 200 Hz in Popper et al. (2005)) likely did not propagate to the fish because the water in the study areas was very shallow (approximately 9 m in the former case and less than 2 m in the latter). Water depth sets a lower limit on the lowest sound frequency that will propagate (i.e., the cutoff frequency) at about one-quarter wavelength (Urick, 1983; Rogers and Cox, 1988). Wardle et al. (2001) suggested that in water, acute injury and death of organisms exposed to seismic energy depends primarily on two features of the sound source: (1) The received peak pressure and (2) the time required for the pressure to rise and decay. Generally, as received pressure increases, the period for the pressure to rise and decay decreases, and the chance of acute pathological effects increases. According to Buchanan et al. (2004), for the types of seismic airguns and arrays involved with the proposed program, the pathological (mortality) zone for fish would be expected to be within a few meters of the seismic source. Numerous other studies provide examples of no fish mortality upon exposure to seismic sources (Falk and Lawrence, 1973; Holliday et al., 1987; La Bella et al., 1996; Santulli et al., 1999; McCauley et al., 2000a,b, 2003; Bjarti, 2002; Thomsen, 2002; Hassel et al., 2003; Popper et al., 2005; Boeger et al., 2006). The National Park Service conducted an experiment of the effects of a single 700 in\3\ airgun in Lake Meade, Nevada (USGS, 1999) to understand the effects of a marine reflection survey of the Lake Meade fault system (Paulson et al., 1993, in USGS, 1999). The researchers suspended the airgun 3.5 m (11.5 ft) above a school of threadfin shad in Lake Meade and fired three successive times at a 30 s interval. Neither surface inspection nor diver observations of the water column and bottom found any dead fish. For a proposed seismic survey in Southern California, USGS (1999) conducted a review of the literature on the effects of airguns on fish and fisheries. They reported a 1991 study of the Bay Area Fault system from the continental shelf to the Sacramento River, using a 10 airgun (5,828 in\3\) array. Brezzina and Associates, hired by USGS to monitor the effects of the surveys, concluded that airgun operations were not responsible for the death of any of the fish carcasses observed, and the airgun profiling did not appear to alter the feeding behavior of sea lions, seals, or pelicans observed feeding during the seismic surveys. Some studies have reported that mortality of fish, fish eggs, or larvae can occur close to seismic sources (Kostyuchenko, 1973; Dalen and Knutsen, 1986; Booman et al., 1996; Dalen et al., 1996). Some of the reports claimed seismic effects from treatments quite different from actual seismic survey sounds or even reasonable surrogates. However, Payne et al. (2009) reported no statistical differences in mortality/morbidity between control and exposed groups of capelin eggs or monkfish larvae. Saetre and Ona (1996) applied a worst-case scenario, mathematical model to investigate the effects of seismic energy on fish eggs and larvae. The authors concluded that mortality rates caused by exposure to seismic surveys were low, as compared to natural mortality rates, and suggested that the impact of seismic surveying on recruitment to a fish stock was not significant. Physiological Effects: Physiological effects refer to cellular and/ or biochemical responses of fish to acoustic stress. Such stress potentially could affect fish populations by increasing mortality or reducing reproductive success. Primary and secondary stress responses of fish after exposure to seismic survey sound appear to be temporary in all studies done to date (Sverdrup et al., 1994; Santulli et al., 1999; McCauley et al., 2000a,b). The periods necessary for the biochemical changes to return to normal are variable and depend on numerous aspects of the biology of the species and of the sound stimulus. Behavioral Effects: Behavioral effects include changes in the distribution, migration, mating, and catchability of fish populations. Studies investigating the possible effects of sound (including seismic survey sound) on fish behavior have been conducted on both uncaged and caged individuals (e.g., Chapman and Hawkins, 1969; Pearson et al., 1992; Santulli et al., 1999; Wardle et al., 2001; Hassel et al., 2003). Typically, in these studies fish exhibited a sharp startle response at the onset of a sound followed by habituation and a return to normal behavior after the sound ceased. [[Page 75372]] The former Minerals Management Service (MMS, 2005) assessed the effects of a proposed seismic survey in Cook Inlet, Alaska. The seismic survey proposed using three vessels, each towing two, four-airgun arrays ranging from 1,500 to 2,500 in\3\. The Minerals Management Service noted that the impact to fish populations in the survey area and adjacent waters would likely be very low and temporary and also concluded that seismic surveys may displace the pelagic fishes from the area temporarily when airguns are in use. However, fishes displaced and avoiding the airgun noise are likely to backfill the survey area in minutes to hours after cessation of seismic testing. Fishes not dispersing from the airgun noise (e.g., demersal species) may startle and move short distances to avoid airgun emissions. In general, any adverse effects on fish behavior or fisheries attributable to seismic testing may depend on the species in question and the nature of the fishery (season, duration, fishing method). They may also depend on the age of the fish, its motivational state, its size, and numerous other factors that are difficult, if not impossible, to quantify at this point, given such limited data on effects of airguns on fish, particularly under realistic at-sea conditions (Lokkeborg et al., 2012; Fewtrell and McCauley, 2012). NMFS would expect prey species to return to their pre-exposure behavior once seismic firing ceased (Lokkeborg et al., 2012; Fewtrell and McCauley, 2012). Anticipated Effects on Invertebrates The existing body of information on the impacts of seismic survey sound on marine invertebrates is very limited. However, there is some unpublished and very limited evidence of the potential for adverse effects on invertebrates, thereby justifying further discussion and analysis of this issue. The three types of potential effects of exposure to seismic surveys on marine invertebrates are pathological, physiological, and behavioral. Based on the physical structure of their sensory organs, marine invertebrates appear to be specialized to respond to particle displacement components of an impinging sound field and not to the pressure component (Popper et al., 2001). The only information available on the impacts of seismic surveys on marine invertebrates involves studies of individuals; there have been no studies at the population scale. Thus, available information provides limited insight on possible real-world effects at the regional or ocean scale. Moriyasu et al. (2004) and Payne et al. (2008) provide literature reviews of the effects of seismic and other underwater sound on invertebrates. The following sections provide a synopsis of available information on the effects of exposure to seismic survey sound on species of decapod crustaceans and cephalopods, the two taxonomic groups of invertebrates on which most such studies have been conducted. The available information is from studies with variable degrees of scientific soundness and from anecdotal information. A more detailed review of the literature on the effects of seismic survey sound on invertebrates is in Appendix E of NSF's 2011 Programmatic Environmental Impact Statement (NSF/USGS, 2011). Pathological Effects: In water, lethal and sub-lethal injury to organisms exposed to seismic survey sound appears to depend on at least two features of the sound source: (1) The received peak pressure; and (2) the time required for the pressure to rise and decay. Generally, as received pressure increases, the period for the pressure to rise and decay decreases, and the chance of acute pathological effects increases. For the type of airgun array planned for the proposed program, the pathological (mortality) zone for crustaceans and cephalopods is expected to be within a few meters of the seismic source, at most; however, very few specific data are available on levels of seismic signals that might damage these animals. This premise is based on the peak pressure and rise/decay time characteristics of seismic airgun arrays currently in use around the world. Some studies have suggested that seismic survey sound has a limited pathological impact on early developmental stages of crustaceans (Pearson et al., 1994; Christian et al., 2003; DFO, 2004). However, the impacts appear to be either temporary or insignificant compared to what occurs under natural conditions. Controlled field experiments on adult crustaceans (Christian et al., 2003, 2004; DFO, 2004) and adult cephalopods (McCauley et al., 2000a,b) exposed to seismic survey sound have not resulted in any significant pathological impacts on the animals. It has been suggested that exposure to commercial seismic survey activities has injured giant squid (Guerra et al., 2004), but the article provides little evidence to support this claim. Tenera Environmental (2011) reported that Norris and Mohl (1983, summarized in Mariyasu et al., 2004) observed lethal effects in squid (Loligo vulgaris) at levels of 246 to 252 dB after 3 to 11 minutes. Another laboratory study observed abnormalities in larval scallops after exposure to low frequency noise in tanks (de Soto et al., 2013). Andre et al. (2011) exposed four cephalopod species (Loligo vulgaris, Sepia officinalis, Octopus vulgaris, and Ilex coindetii) to two hours of continuous sound from 50 to 400 Hz at 157 5 dB re: 1 [mu]Pa. They reported lesions to the sensory hair cells of the statocysts of the exposed animals that increased in severity with time, suggesting that cephalopods are particularly sensitive to low-frequency sound. The received sound pressure level was 157 +/-5 dB re: 1 [micro]Pa, with peak levels at 175 dB re: 1 [micro]Pa. As in the McCauley et al. (2003) paper on sensory hair cell damage in pink snapper as a result of exposure to seismic sound, the cephalopods were subjected to higher sound levels than they would be under natural conditions, and they were unable to swim away from the sound source. Physiological Effects: Physiological effects refer mainly to biochemical responses by marine invertebrates to acoustic stress. Such stress potentially could affect invertebrate populations by increasing mortality or reducing reproductive success. Studies have noted primary and secondary stress responses (i.e., changes in haemolymph levels of enzymes, proteins, etc.) of crustaceans occurring several days or months after exposure to seismic survey sounds (Payne et al., 2007). The authors noted that crustaceans exhibited no behavioral impacts (Christian et al., 2003, 2004; DFO, 2004). The periods necessary for these biochemical changes to return to normal are variable and depend on numerous aspects of the biology of the species and of the sound stimulus. Behavioral Effects: There is increasing interest in assessing the possible direct and indirect effects of seismic and other sounds on invertebrate behavior, particularly in relation to the consequences for fisheries. Changes in behavior could potentially affect such aspects as reproductive success, distribution, susceptibility to predation, and catchability by fisheries. Studies investigating the possible behavioral effects of exposure to seismic survey sound on crustaceans and cephalopods have been conducted on both uncaged and caged animals. In some cases, invertebrates exhibited startle responses (e.g., squid in McCauley et al., 2000). In other cases, the authors observed no behavioral impacts (e.g., crustaceans in Christian et al., 2003, 2004; DFO, 2004). There have been anecdotal reports of [[Page 75373]] reduced catch rates of shrimp shortly after exposure to seismic surveys; however, other studies have not observed any significant changes in shrimp catch rate (Andriguetto-Filho et al., 2005). Similarly, Parry and Gason (2006) did not find any evidence that lobster catch rates were affected by seismic surveys. Any adverse effects on crustacean and cephalopod behavior or fisheries attributable to seismic survey sound depend on the species in question and the nature of the fishery (season, duration, fishing method). In examining impacts to fish and invertebrates as prey species for marine mammals, we expect fish to exhibit a range of behaviors including no reaction or habituation (Pe[ntilde]a et al., 2013) to startle responses and/or avoidance (Fewtrell and McCauley, 2012). We expect that the seismic survey would have no more than a temporary and minimal adverse effect on any fish or invertebrate species. Although there is a potential for injury to fish or marine life in close proximity to the vessel, we expect that the impacts of the seismic survey on fish and other marine life specifically related to acoustic activities would be temporary in nature, negligible, and would not result in substantial impact to these species or to their role in the ecosystem. Based on the preceding discussion, NMFS does not anticipate that the proposed activity would have any habitat-related effects that could cause significant or long-term consequences for individual marine mammals or their populations. Proposed Mitigation In order to issue an Incidental Harassment Authorization 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 adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses (where relevant). Lamont-Doherty has reviewed the following source documents and has incorporated a suite of proposed mitigation measures into their project description. (1) Protocols used during previous Lamont-Doherty and NSF-funded seismic research cruises as approved by us and detailed in the NSF's 2011 PEIS and 2015 draft environmental analysis; (2) Previous incidental harassment authorizations applications and authorizations that NMFS has approved and authorized; 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, Lamont-Doherty, and/or its designees have proposed to implement the following mitigation measures for marine mammals: (1) Vessel-based visual mitigation monitoring; (2) Proposed exclusion zones; (3) Power down procedures; (4) Shutdown procedures; (5) Ramp-up procedures; and (6) Speed and course alterations. NMFS reviewed Lamont-Doherty's proposed mitigation measures and has proposed an additional measure to effect the least practicable adverse impact on marine mammals. They are: (1) Expanded power down procedures for concentrations of six or more whales that do not appear to be traveling (e.g., feeding, socializing, etc.). Vessel-Based Visual Mitigation Monitoring Lamont-Doherty would position observers aboard the seismic source vessel to watch for marine mammals near the vessel during daytime airgun operations and during any start-ups at night. Observers would also watch for marine mammals near the seismic vessel for at least 30 minutes prior to the start of airgun operations after an extended shutdown (i.e., greater than approximately eight minutes for this proposed cruise). When feasible, the observers would conduct observations during daytime periods when the seismic system is not operating for comparison of sighting rates and behavior with and without airgun operations and between acquisition periods. Based on the observations, the Langseth would power down or shutdown the airguns when marine mammals are observed within or about to enter a designated exclusion zone for cetaceans or pinnipeds. During seismic operations, at least four protected species observers would be aboard the Langseth. Lamont-Doherty would appoint the observers with NMFS concurrence, and they would conduct observations during ongoing daytime operations and nighttime ramp-ups of the airgun array. During the majority of seismic operations, two observers would be on duty from the observation tower to monitor marine mammals near the seismic vessel. Using two observers would increase the effectiveness of detecting animals near the source vessel. However, during mealtimes and bathroom breaks, it is sometimes difficult to have two observers on effort, but at least one observer would be on watch during bathroom breaks and mealtimes. Observers would be on duty in shifts of no longer than four hours in duration. Two observers on the Langseth would also be on visual watch during all nighttime ramp-ups of the seismic airguns. A third observer would monitor the passive acoustic monitoring 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 observers (visual) on duty from the observation tower, and an observer (acoustic) on the passive acoustic monitoring system. Before the start of the seismic survey, Lamont-Doherty would instruct the vessel's crew to assist in detecting marine mammals and implementing mitigation requirements. The Langseth is a suitable platform for marine mammal observations. When stationed on the observation platform, the eye level would be approximately 21.5 m (70.5 ft) above sea level, and the observer would have a good view around the entire vessel. During daytime, the observers would 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 would 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) would be available to assist with distance estimation. They are useful in training observers to estimate distances visually, but are generally not useful in measuring distances to animals directly. The user measures distances to animals with the reticles in the binoculars. Lamont-Doherty would immediately power down or shutdown the airguns when observers see marine mammals within or about to enter the designated exclusion zone. The observer(s) would continue to maintain watch to determine when the animal(s) are outside the exclusion zone by visual confirmation. Airgun operations would not resume until the observer has confirmed that the animal has left the 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). [[Page 75374]] Proposed Mitigation Exclusion Zones Lamont-Doherty would use safety radii to designate exclusion zones and to estimate take for marine mammals. Table 3 shows the distances at which one would expect to receive sound levels (160-, 180-, and 190- dB,) from the airgun array and a single airgun. If the protected species visual observer detects marine mammal(s) within or about to enter the appropriate exclusion zone, the Langseth crew would immediately power down the airgun array, or perform a shutdown if necessary (see Shut-down Procedures). Table 3--Predicted Distances to Which Sound Levels Greater Than or Equal to 160 re: 1 [micro]Pa Could Be Received During the Proposed Survey Areas Within the South Atlantic Ocean [January through March, 2016] ---------------------------------------------------------------------------------------------------------------- Predicted RMS distances \1\ (m) Source and volume (in\3\) Tow depth (m) Water depth ----------------------------------------------- (m) 190 dB 180 dB 160 dB ---------------------------------------------------------------------------------------------------------------- Single Bolt airgun.............. 9 > 1,000 100 100 388 (40 in\3\)...................... 36-Airgun Array................. 9 > 1,000 286 927 5,780 (6,600 in\3\)................... ---------------------------------------------------------------------------------------------------------------- \1\ Predicted distances based on information presented in Lamont-Doherty's application. The 180- or 190-dB level shutdown criteria are applicable to cetaceans and pinnipeds respectively as specified by NMFS (2000). Lamont-Doherty used these levels to establish the exclusion zones as presented in their application. Lamont-Doherty used a process to develop and confirm the conservativeness of the mitigation radii for a shallow-water seismic survey in the northeast Pacific Ocean offshore Washington in 2012. Crone et al. (2014) analyzed the received sound levels from the 2012 survey and reported that the actual distances for the exclusion and buffer zones were two to three times smaller than what Lamont-Doherty's modeling approach predicted. While these results confirm the role that bathymetry plays in propagation, they also confirm that empirical measurements from the Gulf of Mexico survey likely over-estimated the size of the exclusion zones for the 2012 Washington shallow-water seismic surveys. NMFS reviewed this preliminary information in consideration of how these data reflect on the accuracy of Lamont- Doherty's current modeling approach. Power Down Procedures A power down involves decreasing the number of airguns in use such that the radius of the 180-dB or 190-dB exclusion zone is smaller to the extent that marine mammals are no longer within or about to enter the exclusion zone. A power down of the airgun array can also occur when the vessel is moving from one seismic line to another. During a power down for mitigation, the Langseth would operate one airgun (40 in\3\). The continued operation of one airgun would alert marine mammals to the presence of the seismic vessel in the area. A shutdown occurs when the Langseth suspends all airgun activity. If the observer detects a marine mammal outside the exclusion zone and the animal is likely to enter the zone, the crew would power down the airguns to reduce the size of the 180-dB or 190-dB exclusion zone before the animal enters that zone. Likewise, if a mammal is already within the zone after detection, the crew would power-down the airguns immediately. During a power down of the airgun array, the crew would operate a single 40-in\3\ airgun which has a smaller exclusion zone. If the observer detects a marine mammal within or near the smaller exclusion zone around the airgun (Table 3), the crew would shut down the single airgun (see next section). Resuming Airgun Operations After a Power Down Following a power-down, the Langseth crew would not resume full airgun activity until the marine mammal has cleared the 180-dB or 190- dB exclusion zone. The observers would 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); or The Langseth crew would 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 would 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). NMFS estimates that the Langseth would transit outside the original 180-dB or 190-dB exclusion zone after an 8-minute wait period. This period is based on the average speed of the Langseth while operating the airguns (8.5 km/h; 5.3 mph). 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 observers are continually monitoring the exclusion zone for the full source level while the mitigation airgun is firing. On average, observers can observe to the horizon (10 km; 6.2 mi) from the height of the Langseth's observation deck and should be able to say with a reasonable degree of confidence whether a marine mammal would be encountered within this distance before resuming airgun operations at full power. Shutdown Procedures The Langseth crew would shut down the operating airgun(s) if they see a marine mammal within or approaching the exclusion zone for the single airgun. The crew would implement a shutdown: (1) If an animal enters the exclusion zone of the single airgun after the crew has initiated a power down; or (2) If an observer sees the animal is initially within the exclusion zone of [[Page 75375]] the single airgun when more than one airgun (typically the full airgun array) is operating. Resuming Airgun Operations after a Shutdown: Following a shutdown in excess of eight minutes, the Langseth crew would initiate a ramp-up with the smallest airgun in the array (40-in\3\). The crew would turn on additional airguns in a sequence such that the source level of the array would increase in steps not exceeding 6 dB per five-minute period over a total duration of approximately 30 minutes. During ramp-up, the observers would monitor the exclusion zone, and if he/she sees a marine mammal, the Langseth crew would implement a power down or shutdown as though the full airgun array were operational. During periods of active seismic operations, there are occasions when the Langseth crew would 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 would follow ramp-up procedures for a shutdown described earlier and the observers would monitor the full exclusion zone and would implement a power down or shutdown if necessary. If the full exclusion zone is not visible to the observer for at least 30 minutes prior to the start of operations in either daylight or nighttime, the Langseth crew would 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 would not ramp up the airgun array from a complete shutdown at night or in thick fog, because the outer part of the zone for that array would not be visible during those conditions. If one airgun has operated during a power down period, ramp-up to full power would be permissible at night or in poor visibility, on the assumption that marine mammals would be alerted to the approaching seismic vessel by the sounds from the single airgun and could move away. The vessel's crew would not initiate a ramp-up of the airguns if an observer sees the marine mammal 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. Lamont-Doherty would follow a ramp-up procedure when the airgun array begins operating after an 8 minute period without airgun operations or when shut down has exceeded that period. Lamont-Doherty has used similar waiting periods (approximately eight to 10 minutes) during previous seismic surveys. Ramp-up would begin with the smallest airgun in the array (40- in\3\). The crew would add airguns in a sequence such that the source level of the array would increase in steps not exceeding six dB per five minute period over a total duration of approximately 30 to 35 minutes. During ramp-up, the observers would monitor the exclusion zone, and if marine mammals are sighted, Lamont-Doherty would 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, Lamont-Doherty would 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 crew would not ramp up the airgun array from a complete shut-down at night or in thick fog, because the outer part of the exclusion zone for that array would not be visible during those conditions. If one airgun has operated during a power-down period, ramp-up to full power would be permissible at night or in poor visibility, on the assumption that marine mammals would be alerted to the approaching seismic vessel by the sounds from the single airgun and could move away. Lamont-Doherty would not initiate a ramp-up of the airguns if an observer sights a marine mammal within or near the applicable exclusion zones. NMFS refers the reader to Figure 2, which presents a flowchart representing the ramp-up, power down, and shut down protocols described in this notice. BILLING CODE 3510-22-C [[Page 75376]] [GRAPHIC] [TIFF OMITTED] TN01DE15.057 BILLING CODE 3510-22-P Special Procedures for Concentrations of Large Whales The Langseth would avoid exposing concentrations of large whales to sounds greater than 160 dB re: 1 [micro]Pa within the 160-dB zone and would power down the array, if necessary. For purposes of this proposed survey, a concentration or [[Page 75377]] group of whales would consist of six or more individuals visually sighted that do not appear to be traveling (e.g., feeding, socializing, etc.). Speed and Course Alterations If during seismic data collection, Lamont-Doherty detects marine mammals outside the exclusion zone and, based on the animal's position and direction of travel, is likely to enter the exclusion zone, the Langseth would change speed and/or direction if this does not compromise operational safety. Due to the limited maneuverability of the primary survey vessel, altering speed, and/or course can result in an extended period of time to realign the Langseth to the transect line. However, if the animal(s) appear likely to enter the exclusion zone, the Langseth would undertake further mitigation actions, including a power down or shut down of the airguns. Mitigation Conclusions NMFS has carefully evaluated Lamont-Doherty's proposed mitigation measures in the context of ensuring that we prescribe the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another: The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals; The proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and The practicability of the measure for applicant implementation. Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed here: 1. Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal). 2. A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to airgun operations that we expect to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). 3. A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to airgun operations that we expect to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only). 4. A reduction in the intensity of exposures (either total number or number at biologically important time or location) to airgun operations that we expect to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only). 5. Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time. 6. For monitoring directly related to mitigation--an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation. Based on the evaluation of Lamont-Doherty's proposed measures, as well as other measures proposed by NMFS (i.e., special procedures for concentrations of large whales), NMFS has preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance. Proposed Monitoring In order to issue an Incidental Harassment Authorization 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 Authorizations 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 we expect to be present in the proposed action area. Lamont-Doherty submitted a marine mammal monitoring plan in section XIII of the Authorization application. NMFS, NSF, or Lamont-Doherty may modify or supplement the plan based on comments or new information received from the public during the public comment period. Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals: 1. An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and during other times and locations, in order to generate more data to contribute to the analyses mentioned later; 2. An increase in our understanding of how many marine mammals would be affected by seismic airguns and other active acoustic sources and the likelihood of associating those exposures with specific adverse effects, such as behavioral harassment, temporary or permanent threshold shift; 3. An increase in our understanding of how marine mammals respond to stimuli that we expect to result in take and how those anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods: a. Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (i.e., to be able to accurately predict received level, distance from source, and other pertinent information); b. Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (i.e., to be able to accurately predict received level, distance from source, and other pertinent information); c. Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli; 4. An increased knowledge of the affected species; and 5. An increase in our understanding of the effectiveness of certain mitigation and monitoring measures. Proposed Monitoring Measures Lamont-Doherty proposes to sponsor marine mammal monitoring during the present project to supplement the mitigation measures that require real-time monitoring, and to satisfy the monitoring requirements of the Authorization. Lamont-Doherty understands that NMFS would review the monitoring plan and may require refinements to the plan. Lamont-Doherty planned the monitoring work as a self-contained project independent of any other related monitoring projects that may occur in the same regions at the same time. Further, Lamont-Doherty is prepared to discuss coordination of its monitoring program with any other related work that might be conducted by other groups working insofar as it is practical for Lamont-Doherty. [[Page 75378]] Vessel-Based Passive Acoustic Monitoring Passive acoustic monitoring would complement the visual mitigation monitoring program, when practicable. Visual monitoring typically is not effective during periods of poor visibility or at night, and even with good visibility, is unable to detect marine mammals when they are below the surface or beyond visual range. Passive acoustical monitoring can improve detection, identification, and localization of cetaceans when used in conjunction with visual observations. The passive acoustic monitoring would serve to alert visual observers (if on duty) when vocalizing cetaceans are detected. It is only useful when marine mammals call, but it can be effective either by day or by night, and does not depend on good visibility. The acoustic observer would monitor the system in real time so that he/she can advise the visual observers if they acoustically detect cetaceans. The passive acoustic monitoring system consists of hardware (i.e., hydrophones) and software. The ``wet end'' of the system consists of a towed hydrophone array connected to the vessel by a tow cable. The tow cable is 250 m (820.2 ft) long and the hydrophones are fitted in the last 10 m (32.8 ft) of cable. A depth gauge, attached to the free end of the cable, typically towed at depths less than 20 m (65.6 ft). The Langseth crew would deploy the array from a winch located on the back deck. A deck cable would connect the tow cable to the electronics unit in the main computer lab where the acoustic station, signal conditioning, and processing system would be located. The Pamguard software amplifies, digitizes, and then processes the acoustic signals received by the hydrophones. The system can detect marine mammal vocalizations at frequencies up to 250 kHz. One acoustic observer, an expert bioacoustician with primary responsibility for the passive acoustic monitoring system would be aboard the Langseth in addition to the other visual observers who would rotate monitoring duties. The acoustic observer would monitor the towed hydrophones 24 hours per day during airgun operations and during most periods when the Langseth is underway while the airguns are not operating. However, passive acoustic monitoring may not be possible if damage occurs to both the primary and back-up hydrophone arrays during operations. The primary passive acoustic monitoring 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 acoustic observer would 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 observer monitoring the acoustical data would be on shift for one to six hours at a time. The other observers would rotate as an acoustic observer, although the expert acoustician would be on passive acoustic monitoring duty more frequently. When the acoustic observer detects a vocalization while visual observations are in progress, the acoustic observer on duty would contact the visual observer immediately, to alert him/her to the presence of cetaceans (if they have not already been seen), so that the vessel's crew can initiate a power down or shutdown, if required. The observer would enter the information regarding the call into a database. Data entry would 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. Acousticians record the acoustic detection for further analysis. Observer Data and Documentation Observers would record data to estimate the numbers of marine mammals exposed to various received sound levels and to document apparent disturbance reactions or lack thereof. They would use the data to help better understand the impacts of the activity on marine mammals and to estimate numbers of animals potentially `taken' by harassment (as defined in the MMPA). 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. When an observer makes a sighting, they will record the following information: 1. Species, group size, age/size/sex categories (if determinable), behavior when first sighted and after initial sighting, heading (if consistent), bearing and distance from seismic vessel, sighting cue, apparent reaction to the airguns or vessel (e.g., none, avoidance, approach, paralleling, etc.), and behavioral pace. 2. Time, location, heading, speed, activity of the vessel, sea state, visibility, and sun glare. The observer will record the data listed under (2) 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. Observers will record all observations and power downs or shutdowns in a standardized format and will enter data into an electronic database. The observers will verify the accuracy of the data entry by computerized data validity checks during data entry and by subsequent manual checking of the database. These procedures will allow the preparation of initial summaries of data 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 shutdown). 2. Information needed to estimate the number of marine mammals potentially taken by harassment, which Lamont-Doherty must report to the Office of Protected Resources. 3. Data on the occurrence, distribution, and activities of marine mammals and turtles in the area where Lamont-Doherty would conduct the seismic study. 4. Information to compare the distance and distribution of marine mammals and turtles relative to the source vessel at times with and without seismic activity. 5. Data on the behavior and movement patterns of marine mammals detected during non-active and active seismic operations. Proposed Reporting Lamont-Doherty would submit a report to us and to NSF within 90 days after the end of the cruise. The report would describe the operations conducted and sightings of marine mammals near the operations. The report would provide full documentation of methods, results, and interpretation pertaining to all monitoring. The 90-day report would summarize the dates and locations of seismic operations, and all marine mammal sightings (dates, times, locations, activities, associated seismic survey activities). The report would also include estimates of the number and nature of exposures that occurred above [[Page 75379]] the harassment threshold based on the observations. 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), Lamont-Doherty shall immediately cease the specified activities and immediately report the take to the Chief Permits and Conservation Division, Office of Protected Resources, NMFS. The report must include the following information: Time, date, and location (latitude/longitude) of the incident; Name and type of vessel involved; Vessel's speed during and leading up to the incident; Description of the incident; Status of all sound source use in the 24 hours preceding the incident; Water depth; Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); Description of all marine mammal observations in the 24 hours preceding the incident; Species identification or description of the animal(s) involved; Fate of the animal(s); and Photographs or video footage of the animal(s) (if equipment is available). Lamont-Doherty shall not resume its activities until we are able to review the circumstances of the prohibited take. We shall work with Lamont-Doherty to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Lamont-Doherty may not resume their activities until notified by us via letter, email, or telephone. In the event that Lamont-Doherty discovers an injured or dead marine mammal, and the lead visual observer 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 we describe in the next paragraph), Lamont-Doherty will immediately report the incident to the Chief Permits and Conservation Division, Office of Protected Resources, NMFS. 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 would work with Lamont-Doherty to determine whether modifications in the activities are appropriate. In the event that Lamont-Doherty discovers an injured or dead marine mammal, and the lead visual observer 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), Lamont-Doherty would report the incident to the Chief Permits and Conservation Division, Office of Protected Resources, NMFS, within 24 hours of the discovery. Lamont- Doherty 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, section 3(18) 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]. Acoustic stimuli (i.e., increased underwater sound) generated during the operation of the airgun array may have the potential to result in the behavioral disturbance of some marine mammals and may have an even smaller potential to result in permanent threshold shift (non-lethal injury) of some marine mammals. NMFS expects that the proposed mitigation and monitoring measures would minimize the possibility of injurious or lethal takes. However, NMFS cannot discount the possibility (albeit small) that exposure to energy from the proposed survey could result in non-lethal injury (Level A harassment). Thus, NMFS proposes to authorize take by Level B harassment and Level A harassment resulting from the operation of the sound sources for the proposed seismic survey based upon the current acoustic exposure criteria shown in Table 4 subject to the limitations in take described in Table 5 later in this notice. Table 4--NMFS' Current Acoustic Exposure Criteria ------------------------------------------------------------------------ Criterion Criterion definition Threshold ------------------------------------------------------------------------ Level A Harassment (Injury). Permanent Threshold 180 dB re 1 microPa- Shift (PTS) (Any m (cetaceans)/190 level above that dB re 1 microPa-m which is known to (pinnipeds) root cause TTS). mean square (rms) Level B Harassment.......... Behavioral 160 dB re 1 microPa- Disruption (for m (rms) impulse noises). ------------------------------------------------------------------------ NMFS' practice is to apply the 160 dB re: 1 [micro]Pa received level threshold for underwater impulse sound levels to predict whether behavioral disturbance that rises to the level of Level B harassment is likely to occur. NMFS' practice is to apply the 180 dB or 190 dB re: 1 [micro]Pa received level threshold for underwater impulse sound levels to predict whether permanent threshold shift (auditory injury), which we consider as Level A harassment is likely to occur. Acknowledging Uncertainties in Estimating Take Given the many uncertainties in predicting the quantity and types of impacts of sound on marine mammals, it is common practice to estimate how many animals are likely to be present within a particular distance of a given activity, or exposed to a particular level of sound and use that information to predict how many animals are taken. In practice, depending on the amount of information available to characterize daily and seasonal movement and distribution of affected marine mammals, distinguishing between the numbers of individuals harassed and the instances of harassment can be difficult to parse. Moreover, when one considers the duration of the activity, in the absence of information to predict the degree to which individual animals are likely exposed repeatedly on subsequent days, the simple assumption is that entirely new animals are exposed in every day, which results in a take estimate that in some circumstances overestimates the number of individuals harassed. The following sections describe NMFS' methods to estimate take by incidental harassment. We base these estimates on the number of marine [[Page 75380]] mammals that potentially harassed by seismic operations with the airgun array during approximately 3,236 km (2,028 mi) of transect lines in the South Atlantic Ocean. Modeled Number of Instances of Exposures: Lamont-Doherty would conduct the proposed seismic survey within the high seas in the South Atlantic Ocean. NMFS presents estimates of the anticipated numbers of instances that marine mammals could be exposed to sound levels greater than or equal to 160, 180, and 190 dB re: 1 [mu]Pa during the proposed seismic survey. Table 5 represents the numbers of instances of take that NMFS proposes to authorize for this survey within the South Atlantic Ocean. NMFS' Take Estimate Method for Species with Density Information: In order to estimate the potential number of instances that marine mammals could be exposed to airgun sounds above the 160-dB Level B harassment threshold and the 180-dB Level A harassment thresholds, NMFS used the following approach for species with density estimates derived from the Navy's Atlantic Fleet Training and Testing Navy Marine Species Density Database maps for the survey area in the Southern Atlantic Ocean. NMFS used the highest density range for each species within the survey area. (1) Calculate the total area that the Langseth would ensonify above the 160-dB Level B harassment threshold and above the 180-dB Level A harassment threshold for cetaceans within a 24-hour period. This calculation includes a daily ensonified area of approximately 1,377 square kilometers (km\2\) (532 square miles [mi\2\]) for the five OBS tracklines and 1,839 km\2\ (710 mi\2\) for the MCS trackline based on the Langseth traveling approximately 150 km [93 mi] in one day). Generally, the Langseth travels approximately 137 km (85 mi) in one day while conducting a seismic survey, thus, NMFS' estimate of a daily ensonified area based on 150 km is an estimation of the theoretical maximum that the Langseth could travel within 24 hours. (2) Multiply each daily ensonified area above the 160-dB Level B harassment threshold by the species' density (animals/km\2\) to derive the predicted number of instances of exposures to received levels greater than or equal to 160-dB re: 1 [mu]Pa on a given day; (3) Multiply each product (i.e., the expected number of instances of exposures within a day) by the number of survey days that includes a 25 percent contingency (i.e., a total of six days for the five OBS tracklines and a total of 22 days for the MCS trackline) to derive the predicted number of instances of exposures over the duration of the survey; (4) Multiply the daily ensonified area by each species-specific density to derive the predicted number of instances of exposures to received levels greater than or equal to 180-dB re: 1 [mu]Pa for cetaceans on a given day (i.e., Level A takes). This calculation includes a daily ensonified area of approximately 207 km\2\ (80 mi\2\) for the five OBS tracklines and 281 km\2\ (108 mi\2\) for the MCS trackline. (5) Multiply each product by the number of survey days that includes a 25 percent contingency (i.e., a total of six days for the five OBS tracklines and a total of 22 days for the MCS trackline). Subtract that product from the predicted number of instances of exposures to received levels greater than or equal to 160-dB re: 1 [mu]Pa on a given day to derive the number of instances of exposures estimated to occur between 160 and 180-dB threshold (i.e., Level B takes). In many cases, this estimate of instances of exposures is likely an overestimate of the number of individuals that are taken, because it assumes 100 percent turnover in the area every day, (i.e., that each new day results in takes of entirely new individuals with no repeat takes of the same individuals over the 22-day period (28 days with contingency). It is difficult to quantify to what degree this method overestimates the number of individuals potentially taken. Except as described later for a few specific species, NMFS uses this number of instances as the estimate of individuals (and authorized take) even though NMFS is aware that the number may be somewhat high due to the use of the maximum density estimate from the NMSDD. Take Estimates for Species with Less than One Instance of Exposure: Using the approach described earlier, the model generated instances of take for some species that were less than one over the 28-day duration. Those species include the humpback, blue, Bryde's, pygmy sperm, and dwarf sperm whale. NMFS used data based on dedicated survey sighting information from the Atlantic Marine Assessment Program for Protected Species (AMAPPS) surveys in 2010, 2011, and 2013 (AMAPPS, 2010, 2011, 2013) to estimate take and assumed that Lamont-Doherty could potentially encounter one group of each species during the proposed seismic survey. NMFS believes it is reasonable to use the average (mean) group size (weighted by effort and rounded up) from the AMMAPS surveys for humpback whale (3), blue whale (2), Bryde's whale (2), pygmy sperm whale (2), and dwarf sperm whale (2) to derive a reasonable estimate of take for eruptive occurrences. Take Estimates for Species with No Density Information: Density information for the Southern right whale, southern elephant seal, and Subantarctic fur seal in the South Atlantic Ocean is data poor or non- existent. When density estimates were not available, NMFS used data based on dedicated survey sighting information from the Atlantic Marine Assessment Program for Protected Species (AMAPPS) surveys in 2010, 2011, and 2013 (AMAPPS, 2010, 2011, 2013) to estimate take for the three species. NMFS assumed that Lamont-Doherty could potentially encounter one group of each species during the seismic survey. NMFS believes it is reasonable to use the average (mean) group size (weighted by effort and rounded up) for North Atlantic right whales (3) from the AMMAPS surveys for the Southern right whale and the mean group size for unidentified seals (2) from the AMMAPS surveys for southern elephant and Subantarctic fur seals multiplied by 28 days to derive an estimate of take from a potential encounter. NMFS used sighting information from a survey off Namibia, Africa (Rose and Payne, 1991) to estimate a mean group size for southern right whale dolphins (58) and also multiplied that estimate by 28 days to derive an estimate of take from a potential encounter with that species. [[Page 75381]] Table 5--Densities and/or Mean Group Size, and Estimates of the Possible Numbers of Marine Mammals and Population Percentages Exposed to Sound Levels Greater Than or Equal to 160 dB re: 1 [mu]Pa Over 28 Days During the Proposed Seismic Survey in the South Atlantic Ocean [January through March, 2016] -------------------------------------------------------------------------------------------------------------------------------------------------------- Modeled number of instances of Density exposures to Proposed Level Proposed Level Percent of Species estimate \1\ sound levels >= A take \3\ B take \3\ population \4\ Population trend \5\ 160, 180, and 190 dB \2\ -------------------------------------------------------------------------------------------------------------------------------------------------------- Antarctic minke whale..................... 0.054983 2,276,396, - 396 2,276 0.519 Unknown. Blue whale................................ 0.000032 4, 0, - 0 4 2.074 Unknown. Bryde's whale............................. 0.000262 56, 0, - 0 56 0.128 Unknown. Common minke whale........................ 0.054983 2,276,396, - 396 2,276 0.519 Unknown. Fin whale................................. 0.002888 106, 28, - 28 106 0.609 Unknown. Humpback whale............................ 0.000078 6, 0, - 0 6 0.200 [uarr] Sei whale................................. 0.002688 106, 28, - 28 106 1.340 Unknown. Southern right whale...................... NA 84, 0, - 0 84 0.700 Unknown. Sperm whale............................... 0.001214 50, 0, - 0 50 0.014 Unknown. Dwarf sperm whale......................... 0.000041 4, 0, - 0 4 1.480 Unknown. Pygmy sperm whale......................... 0.000021 4, 0, - 0 4 1.480 Unknown. Cuvier's beaked whale..................... 0.003831 156, 28, - 28 156 0.031 Unknown. Andrew's beaked whale..................... 0.000511 28, 0, - 0 28 0.005 Unknown. Arnoux's beaked whale..................... 0.000956 28, 0, - 0 28 0.005 Unknown. Blainville's beaked whale................. 0.000663 28, 0, - 0 28 0.005 Unknown. Gervais' beaked whale..................... 0.001334 56, 0, - 0 56 0.009 Unknown. Gray's beaked whale....................... 0.000944 28, 0, - 0 28 0.005 Unknown. Hector's beaked whale..................... 0.000246 0, 0, - 0 0 0.000 Unknown. Shepherd's beaked whale................... 0.000816 28, 0, - 0 28 0.005 Unknown. Strap-toothed beaked whale................ 0.000638 28, 0, - 0 28 0.005 Unknown. True's beaked whale....................... 0.000876 28, 0, - 0 28 0.005 Unknown. Southern bottlenose whale................. 0.000917 28, 0, - 0 28 0.005 Unknown. Bottlenose dolphin........................ 0.020744 848, 156, - 156 848 0.167 Unknown. Rough-toothed dolphin..................... 0.000418 22, 0, - 0 22 8.118 Unknown. Pantropical spotted dolphin............... 0.003674 156, 28, - 28 156 5.521 Unknown. Striped dolphin........................... 0.174771 7,208, 1,294, - 1,294 7,208 15.513 Unknown. Fraser's dolphin.......................... 0.001568 56, 0, - 0 56 0.019 Unknown. Spinner dolphin........................... 0.006255 262, 50, - 50 262 0.026 Unknown. Atlantic spotted dolphin.................. 0.023756 982, 184, - 184 982 2.608 Unknown. Clymene dolphin........................... 0.000258 0, 0, - 0 0 0.000 Unknown. Risso's dolphin........................... 0.037399 1,540, 290, - 290 1,540 8.844 Unknown. Long-beaked common dolphin................ 0.000105 0, 0, - 0 0 0.000 Unknown. Short-beaked common dolphin............... 0.129873 5,356, 954, - 954 5,356 3.637 Unknown. Southern right whale dolphin.............. NA 1,624, 0, - 0 1,624 Unknown Unknown. Melon-headed whale........................ 0.006285 262, 50, - 50 262 0.624 Unknown. Pygmy killer whale........................ 0.001039 50, 0, - 0 50 1.395 Unknown. False killer whale........................ 0.000158 0, 0, - 0 0 0.000 Unknown. Killer whale.............................. 0.003312 134, 28, - 28 134 0.324 Unknown. Long-finned pilot whale................... 0.007614 318, 56, - 56 318 0.187 Unknown. Short-finned pilot whale.................. 0.015616 636, 106, - 106 636 0.371 Unknown. Southern Elephant Seal.................... NA 4, 0, 0 0 4 0.001 Unknown. Subantarctic fur seal..................... NA 4, 0, 0 0 4 0.001 Unknown. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Densities (where available) are expressed as number of individuals per km\2\. Densities estimated from the Navy's Atlantic Fleet Training and Testing Navy Marine Species Density Database maps for the survey area in the Southern Atlantic Ocean. NA = Not available. \2\ See preceding text for information on NMFS' take estimate calculations. NA = Not applicable. \3\ Modeled instances of exposures include adjustments for species with no density information. The Level A estimates are overestimates of predicted impacts to marine mammals as the estimates do not take into consideration the required mitigation measures for shutdowns or power downs if a marine mammal is likely to enter the 180 dB exclusion zone while the airguns are active. \4\ Table 2 in this notice lists the stock species abundance estimates used in calculating the percentage of the population. \5\ Population trend information from Waring et al., 2015. [uarr]= Increasing. [darr] = Decreasing. Unknown = Insufficient data. Lamont-Doherty did not estimate any additional take from sound sources other than airguns. NMFS does not expect the sound levels produced by the echosounder and sub-bottom profiler to exceed the sound levels produced by the airguns. Lamont-Doherty will not operate the multibeam echosounder and sub-bottom profiler during transits to and from the survey area, (i.e., when the airguns are not operating) and in between transits to each of the five OBS tracklines, and, therefore, NMFS does not anticipate additional takes from these sources in this particular case. NMFS considers the probability for entanglement of marine mammals as low because of the vessel speed and the monitoring efforts onboard the survey vessel. Therefore, NMFS does not believe it is necessary to authorize additional takes for entanglement at this time. The Langseth will operate at a relatively slow speed (typically 4.6 knots [8.5 km/h; 5.3 mph]) when conducting the survey. Protected species observers would monitor for marine mammals, which would trigger mitigation measures, including vessel [[Page 75382]] avoidance where safe. Therefore, NMFS does not anticipate nor do we authorize takes of marine mammals from vessel strike. There is no evidence that the planned survey activities could result in serious injury or mortality within the specified geographic area for the requested proposed Authorization. The required mitigation and monitoring measures would minimize any potential risk for serious injury or mortality. Preliminary Analysis and Determinations Negligible Impact Negligible impact is ``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'' (50 CFR 216.103). The lack of likely adverse effects on annual rates of recruitment or survival (i.e., population level effects) forms the basis of a negligible impact finding. Thus, an estimate of the number of takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be ``taken'' through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, effects on habitat, and the status of the species. In making a negligible impact determination, NMFS considers: The number of anticipated injuries, serious injuries, or mortalities; The number, nature, and intensity, and duration of harassment; and The context in which the takes occur (e.g., impacts to areas of significance, impacts to local populations, and cumulative impacts when taking into account successive/contemporaneous actions when added to baseline data); 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); Impacts on habitat affecting rates of recruitment/ survival; and The effectiveness of monitoring and mitigation measures to reduce the number or severity of incidental takes. To avoid repetition, our analysis applies to all the species listed in Table 5, given that NMFS expects the anticipated effects of the seismic airguns to be similar in nature. Where there are meaningful differences between species or stocks, or groups of species, in anticipated individual responses to activities, impact of expected take on the population due to differences in population status, or impacts on habitat, NMFS has identified species-specific factors to inform the analysis. Given the required mitigation and related monitoring, NMFS does not anticipate that serious injury or mortality would occur as a result of Lamont-Doherty's proposed seismic survey in the South Atlantic Ocean. Thus the proposed authorization does not authorize any mortality. NMFS' predicted estimates for Level A harassment take for some species are likely overestimates of the injury that will occur. NMFS expects that successful implementation of the required visual and acoustic mitigation measures would avoid Level A take in some instances. Also, NMFS expects that some individuals would avoid the source at levels expected to result in injury. Nonetheless, although NMFS expects that Level A harassment is unlikely to occur at the numbers proposed to be authorized, because it is difficult to quantify the degree to which the mitigation and avoidance will reduce the number of animals that might incur PTS, we are proposing to authorize (and analyze) the modeled number of Level A takes, which does not take the mitigation or avoidance into consideration. However, because of the constant movement of the Langseth and the animals, as well as the fact that the boat is not staying in any one area in which individuals would be expected to concentrate for any long amount of time (i.e., since the duration of exposure to loud sounds will be relatively short), we anticipate that any PTS incurred, would be in the form of only a small degree of permanent threshold shift and not total deafness. Of the marine mammal species under our jurisdiction that are known to occur or likely to occur in the study area, the following species are listed as endangered under the ESA: blue, fin, humpback, sei, Southern right whale, and sperm whales. The western north Atlantic population of humpback whales is known to be increasing. The other marine mammal species that may be taken by harassment during Lamont- Doherty's seismic survey program are not listed as threatened or endangered under the ESA. Cetaceans. Odontocete reactions to seismic energy pulses are usually thought to be limited to shorter distances from the airgun(s) than are those of mysticetes, in part because odontocete low-frequency hearing is assumed to be less sensitive than that of mysticetes. Given sufficient notice through relatively slow ship speed, NMFS generally expects marine mammals to move away from a noise source that is annoying prior to becoming potentially injurious, although Level A takes for a small group of species are proposed for authorization here. Potential impacts to marine mammal habitat were discussed previously in this document (see the ``Anticipated Effects on Habitat'' section). Although some disturbance is possible to food sources of marine mammals, the impacts are anticipated to be minor enough as to not affect annual rates of recruitment or survival of marine mammals in the area. Based on the size of the South Atlantic Ocean where feeding by marine mammals occurs versus the localized area of the marine survey activities, any missed feeding opportunities in the direct project area will be minor based on the fact that other feeding areas exist elsewhere. Taking into account the planned mitigation measures, effects on cetaceans are generally expected to be restricted to avoidance of a limited area around the survey operation and short-term changes in behavior, falling within the MMPA definition of ``Level B harassment.'' Animals are not expected to permanently abandon any area that is surveyed, and any behaviors that are interrupted during the activity are expected to resume once the activity ceases. Only a small portion of marine mammal habitat will be affected at any time, and other areas within the South Atlantic Ocean would be available for necessary biological functions. Pinnipeds. During foraging trips, extralimital pinnipeds may not react at all to the sound from the proposed survey or may alert, ignore the stimulus, change their behavior, or avoid the immediate area by swimming away or diving. Behavioral responses can range from a mild orienting response, or a shifting of attention, to flight and panic. Research and observations show that pinnipeds in the water are tolerant of anthropogenic noise and activity. They may react in a number of ways depending on their experience with the sound source and what activity they are engaged in at the time of the exposure. Significant behavioral effects are more likely at higher received levels within a few kilometers of the source and activities involving sound from the proposed survey would not occur near [[Page 75383]] any haulout areas where resting behaviors occur. Many animals perform vital functions, such as feeding, resting, traveling, and socializing, on a diel cycle (i.e., 24 hour 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 NMFS anticipates that the seismic operations would occur on consecutive days, the estimated duration of the survey would last no more than 28 days but would increase sound levels in the marine environment in a relatively small area surrounding the vessel (compared to the range of most of the marine mammals within the proposed survey area), which is constantly travelling over distances, and some animals may only be exposed to and harassed by sound for less than a day. For reasons stated previously in this document and based on the following factors, Lamont-Doherty's specified activities are not likely to cause long-term behavioral disturbance, serious injury, or death, or other effects that would be expected to adversely affect reproduction or survival of any individuals. They include: The anticipated impacts of Lamont-Doherty's survey activities on marine mammals are temporary behavioral changes due, primarily, to avoidance of the area; The likelihood that, given the constant movement of boat and animals and the nature of the survey design (not concentrated in areas of high marine mammal concentration), PTS incurred would be of a low level; The availability of alternate areas of similar habitat value for marine mammals to temporarily vacate the survey area during the operation of the airgun(s) to avoid acoustic harassment; The expectation that the seismic survey would have no more than a temporary and minimal adverse effect on any fish or invertebrate species that serve as prey species for marine mammals, and therefore consider the potential impacts to marine mammal habitat minimal; and The knowledge that the survey is taking place in the open ocean and not located within an area of biological importance for breeding, calving, or foraging for marine mammals. Table 5 in this document outlines the number of requested Level A and Level B harassment takes that we anticipate as a result of these activities. Required mitigation measures, such as special shutdowns for large whales, vessel speed, course alteration, and visual monitoring would be implemented to help reduce impacts to marine mammals. Based on the analysis herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS finds that Lamont-Doherty's proposed seismic survey would have a negligible impact on the affected marine mammal species or stocks. Small Numbers As mentioned previously, NMFS estimates that Lamont-Doherty's activities could potentially affect, by Level B harassment, 38 species of marine mammals under our jurisdiction. NMFS estimates that Lamont- Doherty's activities could potentially affect, by Level A harassment, up to 16 species of marine mammals under our jurisdiction. For each species, the numbers of take being proposed for authorization are small numbers relative to the population sizes: less than 16 percent for striped dolphins, less than 8 percent of Risso's dolphins, less than 6 percent for pantropical spotted dolphins, and less than 4 percent for all other species. NMFS has provided the regional population and take estimates for the marine mammal species that may be taken by Level A and Level B harassment in Table 5 in this notice. NMFS finds that the proposed incidental take described in Table 5 for the proposed activity would be limited to small numbers relative to the affected species or stocks. Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses There are no relevant subsistence uses of marine mammals implicated by this action. Endangered Species Act (ESA) There are six marine mammal species listed as endangered under the Endangered Species Act that may occur in the proposed survey area. Under section 7 of the ESA, NSF has initiated formal consultation with NMFS on the proposed seismic survey. NMFS (i.e., National Marine Fisheries Service, Office of Protected Resources, Permits and Conservation Division) will also consult internally with NMFS on the proposed issuance of an Authorization under section 101(a)(5)(D) of the MMPA. NMFS and the NSF will conclude the consultation prior to a determination on the proposed issuance of the Authorization. National Environmental Policy Act (NEPA) NSF has prepared a draft environmental analysis titled, Draft Environmental Analysis of a Marine Geophysical Survey by the R/V Marcus G. Langseth in the South Atlantic Ocean, Austral Summer 2016. NMFS has posted this document on our Web site concurrently with the publication of this notice. NMFS has independently evaluated the draft environmental analysis and has prepared a separate draft Environmental Assessment (DEA) titled, Proposed Issuance of an Incidental Harassment Authorization to Lamont-Doherty Earth Observatory to Take Marine Mammals by Harassment Incidental to a Marine Geophysical Survey in the South Atlantic Ocean, January-March 2016. Information in Lamont- Doherty's application, NSF's Draft environmental analysis, NMFS' DEA and this notice collectively provide the environmental information related to proposed issuance of an Authorization for public review and comment. NMFS will review all comments submitted in response to this notice as we complete the NEPA process, including a decision of whether to sign a Finding of No Significant Impact (FONSI), prior to a final decision on the proposed Authorization request. Proposed Authorization As a result of these preliminary determinations, NMFS proposes issuing an Authorization to Lamont-Doherty for conducting a seismic survey in the South Atlantic Ocean, early January through March 31, 2016 provided they incorporate the proposed mitigation, monitoring, and reporting requirements. Draft Proposed Authorization This section contains the draft text for the proposed Authorization. NMFS proposes to include this language in the Authorization if issued. Incidental Harassment Authorization We hereby authorize the Lamont-Doherty Earth Observatory (Lamont- Doherty), Columbia University, P.O. Box 1000, 61 Route 9W, Palisades, New York 10964-8000, under section 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1371(a)(5)(D)) and 50 CFR 216.107, to incidentally harass small numbers of marine mammals incidental to a marine geophysical survey conducted by the R/V Marcus G. Langseth (Langseth) marine geophysical survey in the South Atlantic Ocean January through March 2016. [[Page 75384]] 1. Effective Dates This Authorization is valid from early January through March 31, 2016. 2. Specified Geographic Region This Authorization is valid only for specified activities associated with the R/V Marcus G. Langseth's (Langseth) seismic operations as specified in Lamont-Doherty's Incidental Harassment Authorization (Authorization) application and environmental analysis in the following specified geographic area: a. in the South Atlantic Ocean, located approximately between 10-35 [deg]W, 27-33 [deg]S as specified in Lamont-Doherty's application and the National Science Foundation's environmental analysis. 3. Species Authorized and Level of Takes a. This authorization limits the incidental taking of marine mammals, by harassment only, to the following species in the area described in Table 5 in this notice. i. During the seismic activities, if the Holder of this Authorization encounters any marine mammal species that are not listed in Condition 3 for authorized taking and are likely to be exposed to sound pressure levels greater than or equal to 160 decibels (dB) re: 1 [mu]Pa, then the Holder must alter speed or course or shut-down the airguns to avoid take. b. The taking by serious injury or death of any of the species listed in Condition 3 or the taking of any kind of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this Authorization. c. This Authorization limits the methods authorized for taking by harassment to the following acoustic sources: i. a sub-airgun array with a total capacity of 6,600 in\3\ (or smaller); 4. Reporting Prohibited Take The Holder of this Authorization must report the taking of any marine mammal in a manner prohibited under this Authorization immediately to the Office of Protected Resources, National Marine Fisheries Service, at 301-427-8401 and/or by email to the Chief, Permits and Conservation Division. 5. Cooperation We require the Holder of this Authorization to cooperate with the Office of Protected Resources, National Marine Fisheries Service, and any other Federal, state, or local agency monitoring the impacts of the activity on marine mammals. 6. Mitigation and Monitoring Requirements We require the Holder of this Authorization to implement the following mitigation and monitoring requirements when conducting the specified activities to achieve the least practicable adverse impact on affected marine mammal species or stocks: Visual Observers a. Utilize two, National Marine Fisheries Service-qualified, vessel-based Protected Species Visual Observers (visual observers) to watch for and monitor marine mammals near the seismic source vessel during daytime airgun operations (from nautical twilight-dawn to nautical twilight-dusk) and before and during start-ups of airguns day or night. i. At least one visual observer will be on watch during meal times and restroom breaks. ii. Observer shifts will last no longer than four hours at a time. iii. Visual observers will also conduct monitoring while the Langseth crew deploy and recover the airgun array and streamers from the water. iv. When feasible, visual observers will conduct observations during daytime periods when the seismic system is not operating for comparison of sighting rates and behavioral reactions during, between, and after airgun operations. v. The Langseth's vessel crew will also assist in detecting marine mammals, when practicable. Visual observers will have access to reticle binoculars (7 x 50 Fujinon), and big-eye binoculars (25 x 150). Exclusion Zones b. Establish a 180-decibel (dB) or 190-dB exclusion zone for cetaceans and pinnipeds, respectively, before starting the airgun subarray (6,660 in\3\); and a 180-dB or 190-dB exclusion zone for cetaceans and pinnipeds, respectively for the single airgun (40 in\3\). Observers will use the predicted radius distance for the 180-dB or 190- dB exclusion zones for cetaceans and pinnipeds. Visual Monitoring at the Start of Airgun Operations c. Monitor the entire extent of the exclusion zones for at least 30 minutes (day or night) prior to the ramp-up of airgun operations after a shutdown. d. Delay airgun operations if the visual observer sees a cetacean within the 180-dB exclusion zone for cetaceans or 190-dB exclusion zone for pinnipeds until the marine mammal(s) has left the area. i. If the visual observer sees a marine mammal that surfaces, then dives below the surface, the observer shall wait 30 minutes. If the observer sees no marine mammals during that time, he/she should assume that the animal has moved beyond the 180-dB exclusion zone for cetaceans or 190-dB exclusion zone for pinnipeds. ii. If for any reason the visual observer cannot see the full 180- dB exclusion zone for cetaceans or the 190-dB exclusion zone for pinnipeds for the entire 30 minutes (i.e., rough seas, fog, darkness), or if marine mammals are near, approaching, or within zone, the Langseth may not resume airgun operations. iii. If one airgun is already running at a source level of at least 180 dB re: 1 [mu]Pa or 190 dB re: 1 [mu]Pa, the Langseth may start the second gun-and subsequent airguns-without observing relevant exclusion zones for 30 minutes, provided that the observers have not seen any marine mammals near the relevant exclusion zones (in accordance with Condition 6(b)). Passive Acoustic Monitoring e. Utilize the passive acoustic monitoring (PAM) system, to the maximum extent practicable, to detect and allow some localization of marine mammals around the Langseth during all airgun operations and during most periods when airguns are not operating. One visual observer and/or bioacoustician will monitor the PAM at all times in shifts no longer than 6 hours. A bioacoustician shall design and set up the PAM system and be present to operate or oversee PAM, and available when technical issues occur during the survey. f. Do and record the following when an observer detects an animal by the PAM: i. notify the visual observer immediately of a vocalizing marine mammal so a power-down or shut-down can be initiated, if required; ii. enter the information regarding the vocalization into a database. The data to be entered 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, water depth when first detected, bearing if determinable, species or species group (e.g., unidentified dolphin, sperm whale, monk seal), types and nature of sounds heard (e.g., clicks, continuous, sporadic, whistles, creaks, burst pulses, [[Page 75385]] strength of signal, etc.), and any other notable information. Ramp-Up Procedures g. Implement a ``ramp-up'' procedure when starting the airguns at the beginning of seismic operations or any time after the entire array has been shutdown, which means start the smallest gun first and add airguns in a sequence such that the source level of the array will increase in steps not exceeding approximately 6 dB per 5-minute period. During ramp-up, the observers will monitor the exclusion zone, and if marine mammals are sighted, a course/speed alteration, power-down, or shutdown will be implemented as though the full array were operational. Recording Visual Detections h. Visual observers must record the following information when they have sighted a marine mammal: i. Species, group size, age/size/sex categories (if determinable), behavior when first sighted and after initial sighting, heading (if consistent), bearing and distance from seismic vessel, sighting cue, apparent reaction to the airguns or vessel (e.g., none, avoidance, approach, paralleling, etc., and including responses to ramp-up), and behavioral pace; and ii. Time, location, heading, speed, activity of the vessel (including number of airguns operating and whether in state of ramp-up or shut-down), Beaufort sea state and wind force, visibility, and sun glare; and iii. The data listed under 6(f)(ii) 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. Speed or Course Alteration i. Alter speed or course during seismic operations if a marine mammal, based on its position and relative motion, appears likely to enter the relevant exclusion zone. If speed or course alteration is not safe or practicable, or if after alteration the marine mammal still appears likely to enter the exclusion zone, the Holder of this Authorization will implement further mitigation measures, such as a shutdown. Power-Down Procedures j. Power down the airguns if a visual observer detects a marine mammal within, approaching, or entering the relevant exclusion zones. A power-down means reducing the number of operating airguns to a single operating 40 in\3\ airgun. This would reduce the exclusion zone to the degree that the animal(s) is outside of it. Resuming Airgun Operations after a Power-Down k. Following a power-down, if the marine mammal approaches the smaller designated exclusion zone, the airguns must then be completely shut-down. Airgun activity will not resume until the observer has visually observed the marine mammal(s) exiting the exclusion zone and is not likely to return, or has not been seen within the exclusion zone for 15 minutes for species with shorter dive durations (small odontocetes) or 30 minutes for species with longer dive durations (mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf sperm, killer, and beaked whales). l. Following a power-down and subsequent animal departure, the Langseth may resume airgun operations at full power. Initiation requires that the observers can effectively monitor the full exclusion zones described in Condition 6(b). If the observer sees a marine mammal within or about to enter the relevant zones then the Langseth will implement a course/speed alteration, power-down, or shutdown. Shutdown Procedures m. Shutdown the airgun(s) if a visual observer detects a marine mammal within, approaching, or entering the relevant exclusion zone. A shutdown means that the Langseth turns off all operating airguns. Resuming Airgun Operations After a Shutdown n. Following a shutdown, if the observer has visually confirmed that the animal has departed the 180-dB zone for cetaceans or the 190- dB zone for pinnipeds within a period of less than or equal to 8 minutes after the shutdown, then the Langseth may resume airgun operations at full power. o. If the observer has not seen the animal depart the 180-dB zone for cetaceans or the 190-dB zone for pinnipeds, the Langseth shall not resume airgun activity until 15 minutes has passed for species with shorter dive times (i.e., small odontocetes and pinnipeds) or 30 minutes has passed for species with longer dive durations (i.e., mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf sperm, killer, and beaked whales). The Langseth will follow the ramp-up procedures described in Conditions 6(g). Survey Operations at Night p. The Langseth may continue marine geophysical surveys into night and low-light hours if the Holder of the Authorization initiates these segment(s) of the survey when the observers can view and effectively monitor the full relevant exclusion zones. q. This Authorization does not permit the Holder of this Authorization to initiate airgun array operations from a shut-down position at night or during low-light hours (such as in dense fog or heavy rain) when the visual observers cannot view and effectively monitor the full relevant exclusion zones. Mitigation Airgun s. The Langseth may operate a small-volume airgun (i.e., mitigation airgun) during turns and maintenance at approximately one shot per minute. The Langseth would not operate the small-volume airgun for longer than three hours in duration during turns. During turns or brief transits between seismic tracklines, one airgun would continue to operate. Special Procedures for Concentrations of Large Whales t. The Langseth will power-down the array and avoid concentrations of large whales if possible (i.e., avoid exposing concentrations of these animals to sounds greater than 160 dB re: 1 [mu]Pa). For purposes of the survey, a concentration or group of whales will consist of six or more individuals visually sighted that do not appear to be traveling (e.g., feeding, socializing, etc.). The Langseth will follow the procedures described in Conditions 6(k) for resuming operations after a power down. 7. Reporting Requirements This Authorization requires the Holder of this Authorization to: a. Submit a draft report on all activities and monitoring results to the Office of Protected Resources, National Marine Fisheries Service, within 90 days of the completion of the Langseth's cruise. This report must contain and summarize the following information: i. Dates, times, locations, heading, speed, weather, sea conditions (including Beaufort sea state and wind force), and associated activities during all seismic operations and marine mammal sightings. ii. Species, number, location, distance from the vessel, and behavior of any marine mammals, as well as associated seismic activity (number of shutdowns), observed throughout all monitoring activities. iii. An estimate of the number (by species) of marine mammals with known exposures to the seismic activity (based on visual observation) at received [[Page 75386]] levels greater than or equal to 160 dB re: 1 [mu]Pa and/or 180 dB re 1 [mu]Pa for cetaceans and 190-dB re 1 [mu]Pa for pinnipeds and a discussion of any specific behaviors those individuals exhibited. iv. An estimate of the number (by species) of marine mammals with estimated exposures (based on modeling results) to the seismic activity at received levels greater than or equal to 160 dB re: 1 [mu]Pa and/or 180 dB re 1 [mu]Pa for cetaceans and 190-dB re 1 [mu]Pa for pinnipeds with a discussion of the nature of the probable consequences of that exposure on the individuals. v. A description of the implementation and effectiveness of the: (A) terms and conditions of the Biological Opinion's Incidental Take Statement (attached); and (B) mitigation measures of the Incidental Harassment Authorization. For the Biological Opinion, the report will confirm the implementation of each Term and Condition, as well as any conservation recommendations, and describe their effectiveness, for minimizing the adverse effects of the action on Endangered Species Act listed marine mammals. b. Submit a final report to the Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, within 30 days after receiving comments from us on the draft report. If we decide that the draft report needs no comments, we will consider the draft report to be the final report. 8. Reporting Prohibited Take 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), Lamont-Doherty shall immediately cease the specified activities and immediately report the take to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427-8401 and/or by email. The report must include the following information: Time, date, and location (latitude/longitude) of the incident; Name and type of vessel involved; Vessel's speed during and leading up to the incident; Description of the incident; Status of all sound source use in the 24 hours preceding the incident; Water depth; Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); Description of all marine mammal observations in the 24 hours preceding the incident; Species identification or description of the animal(s) involved; Fate of the animal(s); and Photographs or video footage of the animal(s) (if equipment is available). Lamont-Doherty shall not resume its activities until we are able to review the circumstances of the prohibited take. We shall work with Lamont-Doherty to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Lamont-Doherty may not resume their activities until notified by us via letter, email, or telephone. 9. Reporting an Injured or Dead Marine Mammal With an Unknown Cause of Death In the event that Lamont-Doherty discovers an injured or dead marine mammal, and the lead visual observer 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 we describe in the next paragraph), Lamont-Doherty will immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427-8401 and/or by email. 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 would work with Lamont-Doherty to determine whether modifications in the activities are appropriate. 10. Reporting an Injured or Dead Marine Mammal Unrelated to the Activities In the event that Lamont-Doherty discovers an injured or dead marine mammal, and the lead visual observer 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), Lamont-Doherty would report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427-8401 and/or by email, within 24 hours of the discovery. Lamont-Doherty would provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS. 11. Endangered Species Act Biological Opinion and Incidental Take Statement Lamont-Doherty is required to comply with the Terms and Conditions of the Incidental Take Statement corresponding to the Endangered Species Act Biological Opinion issued to the National Science Foundation and NMFS' Office of Protected Resources, Permits and Conservation Division (attached). A copy of this Authorization and the Incidental Take Statement must be in the possession of all contractors and protected species observers operating under the authority of this Incidental Harassment Authorization. Request for Public Comments NMFS invites comments on our analysis, the draft authorization, and any other aspect of the Notice of proposed Authorization for Lamont- Doherty's activities. Please include any supporting data or literature citations with your comments to help inform our final decision on Lamont-Doherty's request for an application. Dated: November 24, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-30333 Filed 11-25-15; 8:45 am] BILLING CODE 3510-22-P
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DEPARTMENT OF COMMERCE noaa.gov. Please include 0648–XE291 in the availability of the species or stock(s)
the subject line. Comments sent via for subsistence uses (where relevant).
National Oceanic and Atmospheric email to ITP.Cody@noaa.gov, including The Authorization must also set forth
Administration all attachments, must not exceed a 25- the permissible methods of taking; other
RIN 0648–XE291 megabyte file size. NMFS is not means of effecting the least practicable
responsible for email comments sent to adverse impact on the species or stock
Takes of Marine Mammals Incidental to addresses other than the one provided and its habitat (i.e., mitigation); and
Specified Activities; Marine here. requirements pertaining to the
Geophysical Survey in the South Instructions: All submitted comments monitoring and reporting of such taking.
Atlantic Ocean, January to March 2016 are a part of the public record, and NMFS has defined ‘‘negligible impact’’
NMFS will post them to http:// in 50 CFR 216.103 as ‘‘an impact
AGENCY: National Marine Fisheries www.nmfs.noaa.gov/pr/permits/ resulting from the specified activity that
Service (NMFS), National Oceanic and incidental/research.htm without cannot be reasonably expected to, and is
Atmospheric Administration (NOAA), change. All Personal Identifying not reasonably likely to, adversely affect
Commerce. Information (for example, name, the species or stock through effects on
ACTION: Notice; proposed incidental address, etc.) voluntarily submitted by annual rates of recruitment or survival.’’
harassment authorization; request for the commenter may be publicly Except with respect to certain
comments. accessible. Do not submit confidential activities not pertinent here, the MMPA
business information or otherwise defines ‘‘harassment’’ as: Any act of
SUMMARY: NMFS has received an sensitive or protected information. pursuit, torment, or annoyance which (i)
application from the Lamont-Doherty To obtain an electronic copy of has the potential to injure a marine
Earth Observatory (Lamont-Doherty) in Lamont-Doherty’s application, NSF’s mammal or marine mammal stock in the
collaboration with the National Science draft environmental analysis, NMFS’ wild [Level A harassment]; or (ii) has
Foundation (NSF), for an Incidental draft Environmental Assessment, and a the potential to disturb a marine
Harassment Authorization list of the references used in this mammal or marine mammal stock in the
(Authorization) to take marine document, write to the previously wild by causing disruption of behavioral
mammals, by harassment only, mentioned address, telephone the patterns, including, but not limited to,
incidental to conducting a marine contact listed here (see FOR FURTHER migration, breathing, nursing, breeding,
geophysical (seismic) survey in the INFORMATION CONTACT), or visit the feeding, or sheltering [Level B
South Atlantic Ocean, January through internet at: http://www.nmfs.noaa.gov/ harassment].
March 2016. The proposed dates for this pr/permits/incidental/research.htm. Summary of Request
action would be early January 2016 Information in Lamont-Doherty’s
through March 31, 2016, to account for application, NSF’s draft environmental On July 29, 2015, NMFS received an
minor deviations due to logistics and analysis, NMFS’ draft Environmental application from Lamont-Doherty
weather. Per the Marine Mammal Assessment and this notice collectively requesting that NMFS issue an
Protection Act, we are requesting Authorization for the take of marine
provide the environmental information
comments on our proposal to issue an mammals, incidental to Texas A&M
related to the proposed issuance of the
Authorization to Lamont-Doherty to University and the University of Texas
Authorization for public review and
incidentally take, by Level B conducting a seismic survey in the
comment.
harassment, 38 species of marine South Atlantic Ocean, January through
FOR FURTHER INFORMATION CONTACT: March 2016. Following the initial
mammals during the specified activity
and to incidentally take, by Level A Jeannine Cody, NMFS, Office of application submission, Lamont-
harassment, 16 species of marine Protected Resources, NMFS (301) 427– Doherty submitted a revised application
mammals. Although considered 8401. with revised take estimates. NMFS
unlikely, any Level A harassment SUPPLEMENTARY INFORMATION: considered the revised application
potentially incurred would be expected adequate and complete on October 30,
Background 2015.
to be in the form of some smaller degree
of permanent hearing loss due in part to Section 101(a)(5)(D) of the Marine Lamont-Doherty proposes to conduct
the required monitoring measures for Mammal Protection Act of 1972, as a two-dimensional (2–D), seismic survey
detecting marine mammals and required amended (MMPA; 16 U.S.C. 1361 et on the R/V Marcus G. Langseth
mitigation measures for power downs or seq.) directs the Secretary of Commerce (Langseth), a vessel owned by NSF and
shut downs of the airgun array if any to allow, upon request, the incidental, operated on its behalf by Columbia
animal is likely to enter the Level A but not intentional, taking of small University’s Lamont-Doherty in
exclusion zone. NMFS does not expect numbers of marine mammals of a international waters in the South
mortality or complete deafness of species or population stock, by U.S. Atlantic Ocean approximately 1,938
marine mammals to result from this citizens who engage in a specified kilometers (km) (1,232 miles [mi])
survey. activity (other than commercial fishing) southeast of the west coast of Brazil for
within a specified geographical region approximately 22 days. The following
DATES: NMFS must receive comments if, after NMFS provides a notice of a specific aspect of the proposed activity
and information on or before December proposed authorization to the public for has the potential to take marine
31, 2015. review and comment: (1) NMFS makes mammals: Increased underwater sound
ADDRESSES: Address comments on the certain findings; and (2) the taking is generated during the operation of the
tkelley on DSK3SPTVN1PROD with NOTICES2
application to Jolie Harrison, Chief, limited to harassment. seismic airgun array. We anticipate that
Permits and Conservation Division, An Authorization shall be granted for take, by Level B harassment, of 38
Office of Protected Resources, National the incidental taking of small numbers species of marine mammals could result
Marine Fisheries Service, 1315 East- of marine mammals if NMFS finds that from the specified activity. Although
West Highway, Silver Spring, MD the taking will have a negligible impact unlikely, NMFS also anticipates that a
20910. The mailbox address for on the species or stock(s), and will not small level of take by Level A
providing email comments is ITP.Cody@ have an unmitigable adverse impact on harassment of 16 species of marine
VerDate Sep<11>2014 20:48 Nov 30, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\01DEN2.SGM 01DEN2](https://thefederalregister.org/doc/80_FR_75586/page/1.svg)
![75358 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
BILLING CODE 3510–22–P streamer. As the Langseth tows the Additional Acoustic Data Acquisition
Detailed Description of the Specified airgun array along the survey lines, the Systems
Activities OBSs and hydrophone streamer would Multibeam Echosounder: The
receive the returning acoustic signals Langseth will operate a Kongsberg EM
Transit Activities and transfer the data to the on-board 122 multibeam echosounder
The Langseth would depart and processing system. concurrently during airgun operations
return from Montevideo, Uruguay, and to map characteristics of the ocean floor.
transit to the survey area. Some minor Seismic Airguns
However, as stated earlier, Lamont-
deviations with the transit schedule and Doherty will not operate the multibeam
The airguns are a mixture of Bolt
port locations are possible depending on echosounder during transits to and from
1500LL and Bolt 1900LLX airguns
logistics and weather. the survey areas (i.e., when the airguns
ranging in size from 40 to 220 in3, with
Vessel Specifications a firing pressure of 1,950 pounds per are not operating).
The survey would involve one source square inch. The dominant frequency The hull-mounted echosounder emits
vessel, the R/V Langseth. The Langseth, components range from zero to 188 brief pulses of sound (also called a ping)
owned by NSF and operated by Lamont- Hertz (Hz). (10.5 to 13.0 kHz) in a fan-shaped beam
Doherty, is a seismic research vessel that extends downward and to the sides
During the survey, Lamont-Doherty
with a quiet propulsion system that of the ship. The transmitting beamwidth
would plan to use the full array with
avoids interference with the seismic is 1 or 2° fore-aft and 150° athwartship
most of the airguns in inactive mode. and the maximum source level is 242
signals emanating from the airgun array. The Langseth would tow the array at a
The vessel is 71.5 m (235 ft) long; has dB re: 1 mPa.
depth of 9 m (29.5 ft) resulting in a shot Each ping consists of eight (in water
a beam of 17.0 m (56 ft); a maximum interval of approximately 65 seconds (s)
draft of 5.9 m (19 ft); and a gross greater than 1,000 m; 3,280 ft) or four (in
(approximately 150 m; 492 ft) for the leg water less than 1,000 m; 3,280 ft)
tonnage of 3,834 pounds. It has two with the OBS lines and a shot interval
3,550 horsepower (hp) Bergen BRG–6 successive, fan-shaped transmissions,
of approximately 22 s (approximately 50 from two to 15 milliseconds (ms) in
diesel engines that drive two propellers. m; 164 ft) for the multichannel seismic
Each propeller has four blades and the duration and each ensonifying a sector
survey lines with the hydrophone that extends 1° fore-aft. Continuous
shaft typically rotates at 750 revolutions streamer. During acquisition the airguns
per minute. The vessel also has an 800- wave pulses increase from 2 to 15 ms
will emit a brief (approximately 0.1 s) long in water depths up to 2,600 m
hp bowthruster, which is off during
pulse of sound. During the intervening (8,530 ft). The echosounder uses
seismic acquisition.
The Langseth’s speed during seismic periods of operations, the airguns are frequency-modulated chirp pulses up to
operations would be approximately 4.5 silent. 100-ms long in water greater than 2,600
knots (kt) (8.3 km/hour [hr]; 5.1 miles Airguns function by venting high- m (8,530 ft). The successive
per hour [mph]). The vessel’s cruising pressure air into the water, which transmissions span an overall cross-
speed outside of seismic operations is creates an air bubble. The pressure track angular extent of about 150°, with
approximately 10 kt (18.5 km/hr; 11.5 signature of an individual airgun 2–ms gaps between the pulses for
mph). While the Langseth tows the consists of a sharp rise and then fall in successive sectors.
airgun array, its turning rate is limited pressure, followed by several positive Sub-bottom Profiler: The Langseth
to five degrees per minute. Thus, the and negative pressure excursions caused will also operate a Knudsen Chirp 3260
Langseth’s maneuverability is limited by the oscillation of the resulting air sub-bottom profiler concurrently during
during operations while it tows the bubble. The oscillation of the air bubble airgun and echosounder operations to
streamer. transmits sounds downward through the provide information about the
The vessel also has an observation seafloor, and there is also a reduction in sedimentary features and bottom
tower from which protected species the amount of sound transmitted in the topography. As with the case of the
visual observers (observers) would near horizontal direction. The airgun echosounder, Lamont-Doherty will not
watch for marine mammals before and array also emits sounds that travel operate the sub-bottom profiler during
during the proposed seismic acquisition horizontally toward non-target areas. transits to and from the survey areas
operations. When stationed on the (i.e., when the airguns are not
The nominal source levels of the operating).
observation platform, the observer’s eye
airgun subarrays on the Langseth range The profiler is capable of reaching
level will be approximately 21.5 m (71
from 240 to 247 decibels (dB) re: depths of 10,000 m (6.2 mi). The
ft) above sea level providing the
observer an unobstructed view around 1 mPa(peak to peak). (We express sound dominant frequency component is 3.5
the entire vessel. pressure level as the ratio of a measured kHz and a hull-mounted transducer on
sound pressure and a reference pressure the vessel directs the beam downward
Data Acquisition Activities level. The commonly used unit for in a 27° cone. The power output is 10
The proposed survey would cover a sound pressure is dB and the commonly kilowatts (kW), but the actual maximum
total of approximately 3,263 km (2,028 used reference pressure level in radiated power is three kilowatts or 222
mi) of transect lines. The proposed underwater acoustics is 1 microPascal dB re: 1 mPa. The ping duration is up
survey is one continuous transect line (mPa)). Briefly, the effective source to 64 ms with a pulse interval of one
with transect lines that cross the main levels for horizontal propagation are second, but a common mode of
line at six locations. lower than source levels for downward operation is to broadcast five pulses at
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During the survey, the Langseth propagation. We refer the reader to 1-s intervals followed by a 5-s pause.
would deploy 36 airguns as an energy Lamont-Doherty’s Authorization Ocean Bottom Seismometers: The
source with a total volume of 6,600 application and NSF’s Environmental Langseth would deploy a total of seven
cubic inches (in3). The receiving system Analysis for additional information on OBS at a 10-km (6.2-mi) spacing interval
would consist of seven OBSs deployed downward and horizontal sound at each crossline site and would carry
at each perpendicular trackline site and propagation related to the airgun’s out operations in a west-to-east transit
a single 8-km (5-mi) hydrophone source levels. line. For each OBS profile site, the
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Langseth crew would deploy seven seismometer from the ocean floor. The operations after concluding the OBS
OBSs on the sea floor, would survey the Langseth’s acoustic release transponder, operations. As the Langseth tows the
line, and then would recover the source located on the vessel, communicates airgun array along the survey lines, the
array and the OBSs before moving to the with the seismometer at a frequency of streamer transfers the data to the on-
next line. 9 to13 kilohertz (kHz). The maximum board processing system.
Lamont-Doherty proposes to use one source level of the release signal is 242
of two types of OBSs: The Woods Hole dB re: 1 mPa with an 8-millisecond pulse Description of Marine Mammals in the
Oceanographic Institute (WHOI) or the length. The received signal activates the Area of the Specified Activity
Scripps Institution of Oceanography seismometer’s double burn-wire release
(SIO) OBS. Table 1 in this notice provides the
assembly which then releases the
The WHOI D2 OBS is approximately following: All marine mammal species
seismometer from the anchor. The
0.9 m (2.9 ft) high with a maximum with possible or confirmed occurrence
seismometer then floats to the ocean
diameter of 50 centimeters (cm) (20 surface for retrieval by the Langseth. in the proposed activity area;
inches [in]). An anchor, made of a rolled The steel grate anchors from each of the information on those species’ regulatory
steel bar grate that measures seismometers would remain on the status under the MMPA and the
approximately 2.5 by 30.5 by 38.1 cm (1 seafloor. Endangered Species Act of 1973 (16
by 12 by 15 in) and weighs 23 kilograms The Langseth crew would deploy the U.S.C. 1531 et seq.); abundance; local
(kg) (51 pounds [lbs]) would anchor the seismometers one-by-one from the stern occurrence and range; and seasonality
seismometer to the seafloor. The SIO L- of the vessel while onboard protected in the proposed activity area. Based on
Cheapo OBS is approximately 0.9 m (2.9 species observers will alert them to the the best available information, NMFS
ft) high with a maximum diameter of 97 presence of marine mammals and expects that there may be a potential for
centimeters (cm) (3.1 ft). The SIO recommend ceasing deploying or certain cetacean and pinniped species to
anchors consist of 36-kg (79-lb) iron recovering the seismometers to avoid occur within the survey area (i.e.,
gates and measure approximately 7 by potential entanglement with marine potentially be taken) and have included
91 by 91.5 cm (3 by 36 by 36 inches). mammal. additional information for these species
After the Langseth completes the Hydrophone Streamer: Lamont- in Table 1 of this notice. NMFS will
proposed seismic survey, an acoustic Doherty would deploy the single carry forward analyses on the species
signal would trigger the release of each hydrophone streamer for multichannel listed in Table 1 later in this document.
TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY OCCUR IN THE PROPOSED SURVEY
AREAS WITHIN THE SOUTH ATLANTIC OCEAN
[January through March 2016]
Regulatory Species Local occurrence Season 5
Species abundance 3 and range 4
status 1 2
Antarctic minke whale (Balaenoptera bonaerensis) ... MMPA–NC, ESA–NL ....... 6 515,000 Uncommon, shelf, pelagic Winter.
Blue whale (B. musculus) ........................................... MMPA–D, ESA–EN ......... 7 2,300 Rare, coastal, slope, pe- Winter.
lagic.
Bryde’s whale (B. edeni) ............................................. MMPA–NC, ESA–NL ....... 8 43,633 Rare, coastal, pelagic ...... Winter.
Common (dwarf) minke whale (B. acutorostrata) ....... MMPA–NC, ESA–NL ....... 6 515,000 Uncommon, shelf, pelagic Winter.
Fin whale (B. physalus) ............................................... MMPA–D, ESA–EN ......... 9 22,000 Uncommon, Coastal, pe- Fall.
lagic.
Humpback whale (Megaptera novaeangliae) ............. MMPA–D, ESA–EN ......... 1042,000 Uncommon, Coastal, Winter.
shelf, pelagic.
Sei whale (B. borealis) ................................................ MMPA–D, ESA–EN ......... 11 10,000 Uncommon, Shelf edges, Winter.
pelagic.
Southern right whale (Eubalaena australis) ................ MMPA–D, ESA–EN ......... 12 12,000 Uncommon, Coastal, shelf Winter.
Sperm whale (Physeter macrocephalus) .................... MMPA–D, ESA–EN ......... 13 355,000 Uncommon, Slope, pe- Winter.
lagic.
Dwarf sperm whale (Kogia sima) ................................ MMPA–NC, ESA–NL ....... 3,785 Rare, Shelf, slope, pelagic Winter.
Pygmy sperm whale (K. breviceps) ............................ MMPA–NC, ESA–NL ....... 3,785 Rare, Shelf, slope, pelagic Winter.
Cuvier’s beaked whale (Ziphius cavirostris) ............... MMPA–NC, ESA–NL ....... 14 599,300 Uncommon, Slope ........... Winter.
Andrew’s beaked whale (Mesoplodon bowdoini) ........ MMPA–NC, ESA–NL ....... 14 599,300 Rare, Pelagic ................... Winter.
Arnoux’s beaked whale (Berardius arnuxii) ................ MMPA–NC, ESA–NL ....... 14 599,300 Rare, Pelagic ................... Winter.
Blainville’s beaked whale (M. densirostris) ................. MMPA–NC, ESA–NL ....... 14 599,300 Rare, Slope, pelagic ........ Winter.
Gervais’ beaked whale (M. europaeus) ...................... MMPA–NC, ESA–NL ....... 14 599,300 Rare, pelagic .................... Winter.
Gray’s beaked whale (M. grayi) .................................. MMPA–NC, ESA–NL ....... 14 599,300 Rare, Pelagic ................... Winter.
Hector’s beaked whale (M. hectori) ............................ MMPA–NC, ESA–NL ....... 14 599,300 Rare, pelagic .................... Winter.
Shepherd’s beaked whale (Tasmacetus shepherdi) ... MMPA–NC, ESA–NL ....... 14 599,300 Rare, pelagic .................... Winter.
Strap-toothed beaked whale (M. layardii) ................... MMPA–NC, ESA–NL ....... 14 599,300 Rare, pelagic .................... Winter.
True’s beaked whale (M. mirus) ................................. MMPA–NC, ESA–NL ....... 7,092 Rare, pelagic .................... Winter.
Southern bottlenose whale (Hyperoodon planifrons) .. MMPA–NC, ESA–NL ....... 14 599,300 Rare, Coastal, shelf, pe- Winter.
lagic.
Bottlenose dolphin (Tursiops truncatus) ..................... MMPA–NC, ESA–NL ....... 15 600,000 Uncommon, Coastal, pe- Winter.
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lagic.
Rough-toothed dolphin (Steno bredanensis) .............. MMPA–NC, ESA–NL ....... 271 Uncommon, shelf, pelagic Winter.
Pantropical spotted dolphin (Stenella attennuata) ...... MMPA–NC, ESA–NL ....... 3,333 Uncommon, Coastal, Winter.
slope, pelagic.
Striped dolphin (S. coeruleoalba) ................................ MMPA–NC, ESA–NL ....... 54,807 Rare, Pelagic ................... Winter.
Fraser’s dolphin (Lagenodelphis hosei) ...................... MMPA–NC, ESA–NL ....... 16 289,000 Uncommon, Pelagic ......... Winter.
Spinner dolphin (Stenella longirostris) ........................ MMPA–NC, ESA–NL ....... 16 1,200,000 Rare, Pelagic ................... Winter.
Atlantic spotted dolphin (S. frontalis) .......................... MMPA–NC, ESA–NL ....... 44,715 Uncommon, Pelagic ......... Winter.
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![75360 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY OCCUR IN THE PROPOSED SURVEY
AREAS WITHIN THE SOUTH ATLANTIC OCEAN—Continued
[January through March 2016]
Regulatory Species Local occurrence Season 5
Species abundance 3 and range 4
status 1 2
Clymene dolphin (S. clymene) .................................... MMPA–NC, ESA–NL ....... 6,215 Rare, Pelagic ................... Winter.
Risso’s dolphin (Grampus griseus) ............................. MMPA–NC, ESA–NL ....... 20,692 Uncommon, Pelagic ......... Winter.
Long-beaked common dolphin (Delphinus capensis) MMPA–NC, ESA–NL ....... 17 20,000 Rare, Coastal ................... Winter.
Short-beaked common dolphin (Delphinus delphis) ... MMPA–NC, ESA–NL ....... 173,486 Uncommon, Coastal, shelf Winter.
Southern right whale dolphin (Lissodelphis peronii) ... MMPA–NC, ESA–NL ....... Unknown Uncommon, Coastal, shelf Winter.
Melon-headed whale (Peponocephala electra) .......... MMPA–NC, ESA–NL ....... 18 50,000 Uncommon, Coastal, Winter.
shelf, pelagic.
Pygmy killer whale (Feresa attenuate) ....................... MMPA–NC, ESA–NL ....... 3,585 Uncommon, Coastal, Winter.
shelf, pelagic.
False killer whale (Pseudorca crassidens) ................. MMPA–NC, ESA–NL ....... 442 Rare, Pelagic ................... Winter.
Killer whale (Orcinus orca) .......................................... MMPA–NC, ESA–NL ....... 19 50,000 Uncommon, Coastal, pe- Winter.
lagic.
Long-finned pilot whale (Globicephala melas) ............ MMPA–NC, ESA–NL ....... 14 200,000 Uncommon, Pelagic ......... Winter.
Short-finned pilot whale (Globicephala MMPA–NC, ESA–NL ....... 14 200,000 Uncommon, Pelagic ......... Winter.
macrorhynchus).
Southern Elephant Seal (Mirounga leonina) ............... MMPA–NC, ESA–NL ....... 20 650,000 Rare, Coastal ................... Winter.
Subantarctic fur seal (Arctocephalus tropicalis) .......... MMPA–NC, ESA–NL ....... 21 310,000 Uncommon, Pelagic ......... Winter.
2 ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
3 Except where noted abundance information obtained from NOAA Technical Memorandum NMFS–NE–231, U.S. Atlantic and Gulf of Mexico
Marine Mammal Stock Assessments–2014 (Waring et al., 2015) and the Draft 2015 U.S. Atlantic and Gulf of Mexico Marine Mammal Stock As-
sessments (in review, 2015). NA = Not available.
4 Occurrence and range information available from the International Union for the Conservation of Nature (IUCN).
5 NA= Not available due to limited information on that species’ seasonal occurrence in the proposed area.
6 Best estimate from the International Whaling Commission’s (IWC) estimate for the minke whale population (Southern Hemisphere, 2004).
7 Best estimate from the IWC’s estimate for the blue whale population (Southern Hemisphere, 1998).
8 Estimate from IUCN Web page for Bryde’s whales. Southern Hemisphere: Southern Indian Ocean (13,854); western South Pacific (16,585);
and eastern South Pacific (13,194) (IWC, 1981).
9 Best estimate from the IWC’s estimate for the fin whale population (East Greenland to Faroes, 2007).
10 Best estimate from the IWC’s estimate for the humpback whale population (Southern Hemisphere, partial coverage of Antarctic feeding
grounds, 2007).
11 Estimate from the IUCN Web page for sei whales (IWC, 1996).
12 Best estimate from the IWC’s estimate for the southern right whale population (Southern Hemisphere, 2009).
13 Whitehead, (2002).
14 Abundance estimates for beaked, southern bottlenose, and pilot whales south of the Antarctic Convergence in January (Kasamatsu and
Joyce, 1995).
15 Wells and Scott, (2009).
16 Jefferson et al., (2008).
17 Cockcroft and Peddemors, (1990).
18 Estimate from the IUCN Web page for melon-headed whales (IUCN, 2015).
19 Estimate from the IUCN Web page for killer whales (IUCN, 2015).
20 Estimate from the IUCN Web page for southern elephant seals (IUCN, 2015).
21 Arnoud, (2009).
NMFS refers the public to Lamont- Harassment’’ section later in this the specific manner in which Lamont-
Doherty’s application, NSF’s draft document will include a quantitative Doherty would carry out the proposed
environmental analysis (see ADDRESSES), analysis of the number of individuals activity, what mitigation measures
NOAA Technical Memorandum NMFS– that NMFS expects to be taken by this Lamont-Doherty would implement, and
NE–231, U.S. Atlantic and Gulf of activity. The ‘‘Negligible Impact how either of those would shape the
Mexico Marine Mammal Stock Analysis’’ section will include the anticipated impacts from this specific
Assessments–2014 (Waring et al., 2015); analysis of how this specific proposed activity. Operating active acoustic
and the Draft 2015 U.S. Atlantic and activity would impact marine mammals sources, such as airgun arrays, has the
Gulf of Mexico Marine Mammal Stock and will consider the content of this potential for adverse effects on marine
Assessments (in review, 2015) available section, the ‘‘Estimated Take by mammals. The majority of anticipated
online at: http://www.nmfs.noaa.gov/pr/ Incidental Harassment’’ section, the impacts would be from the use of the
sars/species.htm for further information ‘‘Proposed Mitigation’’ section, and the airgun array.
on the biology and local distribution of ‘‘Anticipated Effects on Marine Mammal
these species. Habitat’’ section to draw conclusions Acoustic Impacts
regarding the likely impacts of this When considering the influence of
Potential Effects of the Specified activity on the reproductive success or
Activities on Marine Mammals various kinds of sound on the marine
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survivorship of individuals and from environment, it is necessary to
This section includes a summary and that on the affected marine mammal understand that different kinds of
discussion of the ways that components populations or stocks. marine life are sensitive to different
(e.g., seismic airgun operations, vessel NMFS intends to provide a frequencies of sound. Current data
movement) of the specified activity may background of potential effects of indicate that not all marine mammal
impact marine mammals. The Lamont-Doherty’s activities in this species have equal hearing capabilities
‘‘Estimated Take by Incidental section. This section does not consider (Richardson et al., 1995; Southall et al.,
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1997; Wartzok and Ketten, 1999; Au and hearing estimates occur between • Pinnipeds in water: Phocid (true
Hastings, 2008). approximately 7 Hertz (Hz) and 25 kHz seals) functional hearing estimates occur
Southall et al. (2007) designated (extended from 22 kHz based on data between approximately 75 Hz and 100
‘‘functional hearing groups’’ for marine indicating that some mysticetes can hear kHz (Hemila et al., 2006; Mulsow et al.,
mammals based on available behavioral above 22 kHz; Au et al., 2006; Lucifredi 2011; Reichmuth et al., 2013) and
data; audiograms derived from auditory and Stein, 2007; Ketten and Mountain, otariid (seals and sea lions) functional
evoked potentials; anatomical modeling; 2009; Tubelli et al., 2012); hearing estimates occur between
and other data. Southall et al. (2007) • Mid-frequency cetaceans (32 approximately 100 Hz to 40 kHz.
also estimated the lower and upper species of dolphins, six species of larger
frequencies of functional hearing for toothed whales, and 19 species of Approximately 42 marine mammal
each group. However, animals are less beaked and bottlenose whales): species (8 mysticetes, 32 odontocetes,
sensitive to sounds at the outer edges of Functional hearing estimates occur and two pinnipeds) would likely occur
their functional hearing range and are between approximately 150 Hz and 160 in the proposed action area. Table 2
more sensitive to a range of frequencies kHz; presents the classification of these
within the middle of their functional • High-frequency cetaceans (eight species into their respective functional
hearing range. species of true porpoises, six species of hearing group. NMFS consider a
The functional groups applicable to river dolphins, Kogia, the franciscana, species’ functional hearing group when
this proposed survey and the associated and four species of cephalorhynchids): analyzing the effects of exposure to
frequencies are: Functional hearing estimates occur sound on marine mammals.
• Low frequency cetaceans (13 between approximately 200 Hz and 180
species of mysticetes): Functional kHz; and
TABLE 2—CLASSIFICATION OF MARINE MAMMALS THAT COULD POTENTIALLY OCCUR IN THE PROPOSED SURVEY AREAS
WITHIN THE SOUTH ATLANTIC OCEAN (JANUARY THROUGH MARCH 2016) BY FUNCTIONAL HEARING GROUP
[Southall et al., 2007]
Low Frequency Hearing Range ...... Antarctic minke, blue, Bryde’s, common (dwarf) minke, fin, humpback, Sei, and Southern right whale
Mid-Frequency Hearing Range ....... Sperm whale; Cuvier’s, Andrew’s, Arnoux’s, Blainville’s, Gervais’, Gray’s, Hector’s, Shepherd’s, strap-
toothed, and True’s beaked whale; Southern bottlenose whale; bottlenose, rough-toothed, pantropical
spotted, striped, Fraser’s dolphin spinner, Atlantic spotted, Clymene, Risso’s, long-beaked common,
short-beaked common, and Southern right whale dolphin; melon-headed whale; pygmy killer whale; false
killer whale; killer whale, long-finned pilot whale; and short-finned pilot whale
High Frequency Hearing Range ..... Dwarf sperm whale and pygmy sperm whale
Pinnipeds in Water Hearing Range Southern elephant seal and Subantarctic fur seal
1. Potential Effects of Airgun Sounds on are exposed to chronic stimuli Atlantic spotted dolphins (n = 17) and
Marine Mammals (Richardson, et al., 1995). reported that there were no significant
The effects of sounds from airgun Numerous studies have shown that differences in encounter rates (sightings
operations might include one or more of pulsed sounds from airguns are often per hour) for humpback and sperm
the following: Tolerance, masking of readily detectable in the water at whales according to the airgun array’s
natural sounds, behavioral disturbance, distances of many kilometers. Several operational status (i.e., active versus
temporary or permanent impairment, or studies have also shown that marine silent).
non-auditory physical or physiological mammals at distances of more than a Bain and Williams (2006) examined
effects (Richardson et al., 1995; Gordon few kilometers from operating seismic the effects of a large airgun array
et al., 2003; Nowacek et al., 2007; vessels often show no apparent (maximum total discharge volume of
Southall et al., 2007). The effects of response. That is often true even in 1,100 in3) on six species in shallow
noise on marine mammals are highly cases when the pulsed sounds must be waters off British Columbia and
variable, often depending on species readily audible to the animals based on Washington: Harbor seal (Phoca
and contextual factors (based on measured received levels and the vitulina), California sea lion (Zalophus
Richardson et al., 1995). hearing sensitivity of the marine californianus), Steller sea lion
mammal group. Although various (Eumetopias jubatus), gray whale
Tolerance baleen whales and toothed whales, and (Eschrichtius robustus), Dall’s porpoise
Studies on marine mammals’ (less frequently) pinnipeds have been (Phocoenoides dalli), and harbor
tolerance to sound in the natural shown to react behaviorally to airgun porpoise (Phocoena phocoena). Harbor
environment are relatively rare. pulses under some conditions, at other porpoises showed reactions at received
Richardson et al. (1995) defined times marine mammals of all three types levels less than 155 dB re: 1 mPa at a
tolerance as the occurrence of marine have shown no overt reactions (Stone, distance of greater than 70 km (43 mi)
mammals in areas where they are 2003; Stone and Tasker, 2006; Moulton from the seismic source (Bain and
exposed to human activities or et al. 2005, 2006) and (MacLean and Williams, 2006). However, the tendency
manmade noise. In many cases, Koski, 2005; Bain and Williams, 2006). for greater responsiveness by harbor
tolerance develops by the animal Weir (2008) observed marine mammal porpoise is consistent with their relative
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habituating to the stimulus (i.e., the responses to seismic pulses from a 24 responsiveness to boat traffic and some
gradual waning of responses to a airgun array firing a total volume of other acoustic sources (Richardson, et
repeated or ongoing stimulus) either 5,085 in3 or 3,147 in3 in Angolan al., 1995; Southall, et al., 2007). In
(Richardson, et al., 1995), but because of waters between August 2004 and May contrast, the authors reported that gray
ecological or physiological 2005. Weir (2008) recorded a total of whales seemed to tolerate exposures to
requirements, many marine animals 207 sightings of humpback whales (n = sound up to approximately 170 dB re:
may need to remain in areas where they 66), sperm whales (n = 124), and 1 mPa (Bain and Williams, 2006) and
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Proposed Mitigation Exclusion Zones one would expect to receive sound enter the appropriate exclusion zone,
Lamont-Doherty would use safety levels (160-, 180-, and 190-dB,) from the the Langseth crew would immediately
radii to designate exclusion zones and airgun array and a single airgun. If the power down the airgun array, or
to estimate take for marine mammals. protected species visual observer detects perform a shutdown if necessary (see
Table 3 shows the distances at which marine mammal(s) within or about to Shut-down Procedures).
TABLE 3—PREDICTED DISTANCES TO WHICH SOUND LEVELS GREATER THAN OR EQUAL TO 160 re: 1 μPa COULD BE
RECEIVED DURING THE PROPOSED SURVEY AREAS WITHIN THE SOUTH ATLANTIC OCEAN
[January through March, 2016]
Predicted RMS distances 1 (m)
Source and volume Tow depth Water depth
(in3) (m) (m) 190 dB 180 dB 160 dB
Single Bolt airgun .................................................................
(40 in3) ................................................................................. 9 > 1,000 100 100 388
36-Airgun Array ....................................................................
(6,600 in3) ............................................................................ 9 > 1,000 286 927 5,780
1 Predicted distances based on information presented in Lamont-Doherty’s application.
The 180- or 190-dB level shutdown occurs when the Langseth suspends all any species with longer dive durations
criteria are applicable to cetaceans and airgun activity. (i.e., mysticetes and large odontocetes,
pinnipeds respectively as specified by If the observer detects a marine including sperm, pygmy sperm, dwarf
NMFS (2000). Lamont-Doherty used mammal outside the exclusion zone and sperm, and beaked whales).
these levels to establish the exclusion the animal is likely to enter the zone, NMFS estimates that the Langseth
zones as presented in their application. the crew would power down the airguns would transit outside the original 180-
Lamont-Doherty used a process to to reduce the size of the 180-dB or 190- dB or 190-dB exclusion zone after an 8-
develop and confirm the dB exclusion zone before the animal minute wait period. This period is based
conservativeness of the mitigation radii enters that zone. Likewise, if a mammal on the average speed of the Langseth
for a shallow-water seismic survey in is already within the zone after while operating the airguns (8.5 km/h;
the northeast Pacific Ocean offshore detection, the crew would power-down 5.3 mph). Because the vessel has
Washington in 2012. Crone et al. (2014) the airguns immediately. During a transited away from the vicinity of the
analyzed the received sound levels from power down of the airgun array, the original sighting during the 8-minute
the 2012 survey and reported that the crew would operate a single 40-in3 period, implementing ramp-up
actual distances for the exclusion and airgun which has a smaller exclusion procedures for the full array after an
buffer zones were two to three times zone. If the observer detects a marine extended power down (i.e., transiting
smaller than what Lamont-Doherty’s mammal within or near the smaller for an additional 35 minutes from the
modeling approach predicted. While exclusion zone around the airgun (Table location of initial sighting) would not
these results confirm the role that 3), the crew would shut down the single meaningfully increase the effectiveness
bathymetry plays in propagation, they airgun (see next section). of observing marine mammals
also confirm that empirical approaching or entering the exclusion
Resuming Airgun Operations After a
measurements from the Gulf of Mexico zone for the full source level and would
Power Down
survey likely over-estimated the size of not further minimize the potential for
Following a power-down, the take. The Langseth’s observers are
the exclusion zones for the 2012 Langseth crew would not resume full
Washington shallow-water seismic continually monitoring the exclusion
airgun activity until the marine mammal zone for the full source level while the
surveys. NMFS reviewed this has cleared the 180-dB or 190-dB
preliminary information in mitigation airgun is firing. On average,
exclusion zone. The observers would observers can observe to the horizon (10
consideration of how these data reflect consider the animal to have cleared the
on the accuracy of Lamont-Doherty’s km; 6.2 mi) from the height of the
exclusion zone if: Langseth’s observation deck and should
current modeling approach. • The observer has visually observed be able to say with a reasonable degree
Power Down Procedures the animal leave the exclusion zone; or of confidence whether a marine
• An observer has not sighted the mammal would be encountered within
A power down involves decreasing animal within the exclusion zone for 15 this distance before resuming airgun
the number of airguns in use such that minutes for species with shorter dive operations at full power.
the radius of the 180-dB or 190-dB durations (i.e., small odontocetes or
exclusion zone is smaller to the extent pinnipeds), or 30 minutes for species Shutdown Procedures
that marine mammals are no longer with longer dive durations (i.e., The Langseth crew would shut down
within or about to enter the exclusion mysticetes and large odontocetes, the operating airgun(s) if they see a
zone. A power down of the airgun array including sperm, pygmy sperm, dwarf marine mammal within or approaching
can also occur when the vessel is sperm, and beaked whales); or the exclusion zone for the single airgun.
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moving from one seismic line to The Langseth crew would resume The crew would implement a
another. During a power down for operating the airguns at full power after shutdown:
mitigation, the Langseth would operate 15 minutes of sighting any species with (1) If an animal enters the exclusion
one airgun (40 in3). The continued short dive durations (i.e., small zone of the single airgun after the crew
operation of one airgun would alert odontocetes or pinnipeds). Likewise, the has initiated a power down; or
marine mammals to the presence of the crew would resume airgun operations at (2) If an observer sees the animal is
seismic vessel in the area. A shutdown full power after 30 minutes of sighting initially within the exclusion zone of
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![Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices 75379
the harassment threshold based on the prohibited take and ensure MMPA Estimated Take by Incidental
observations. compliance. Lamont-Doherty may not Harassment
In the unanticipated event that the resume their activities until notified by
specified activity clearly causes the take Except with respect to certain
us via letter, email, or telephone.
of a marine mammal in a manner not activities not pertinent here, section
In the event that Lamont-Doherty 3(18) the MMPA defines ‘‘harassment’’
permitted by the authorization (if discovers an injured or dead marine
issued), such as an injury, serious as: Any act of pursuit, torment, or
mammal, and the lead visual observer annoyance which (i) has the potential to
injury, or mortality (e.g., ship-strike, determines that the cause of the injury
gear interaction, and/or entanglement), injure a marine mammal or marine
or death is unknown and the death is mammal stock in the wild [Level A
Lamont-Doherty shall immediately relatively recent (i.e., in less than a
cease the specified activities and harassment]; or (ii) has the potential to
moderate state of decomposition as we disturb a marine mammal or marine
immediately report the take to the Chief describe in the next paragraph), Lamont-
Permits and Conservation Division, mammal stock in the wild by causing
Doherty will immediately report the disruption of behavioral patterns,
Office of Protected Resources, NMFS. incident to the Chief Permits and
The report must include the following including, but not limited to, migration,
Conservation Division, Office of breathing, nursing, breeding, feeding, or
information: Protected Resources, NMFS. The report
• Time, date, and location (latitude/ sheltering [Level B harassment].
must include the same information Acoustic stimuli (i.e., increased
longitude) of the incident; identified in the paragraph above this
• Name and type of vessel involved; underwater sound) generated during the
section. Activities may continue while
• Vessel’s speed during and leading operation of the airgun array may have
NMFS reviews the circumstances of the the potential to result in the behavioral
up to the incident;
incident. NMFS would work with
• Description of the incident; disturbance of some marine mammals
Lamont-Doherty to determine whether
• Status of all sound source use in the and may have an even smaller potential
modifications in the activities are to result in permanent threshold shift
24 hours preceding the incident;
appropriate.
• Water depth; (non-lethal injury) of some marine
• Environmental conditions (e.g., In the event that Lamont-Doherty mammals. NMFS expects that the
wind speed and direction, Beaufort sea discovers an injured or dead marine proposed mitigation and monitoring
state, cloud cover, and visibility); mammal, and the lead visual observer measures would minimize the
• Description of all marine mammal determines that the injury or death is possibility of injurious or lethal takes.
observations in the 24 hours preceding not associated with or related to the However, NMFS cannot discount the
the incident; authorized activities (e.g., previously possibility (albeit small) that exposure
• Species identification or wounded animal, carcass with moderate to energy from the proposed survey
description of the animal(s) involved; to advanced decomposition, or could result in non-lethal injury (Level
• Fate of the animal(s); and scavenger damage), Lamont-Doherty A harassment). Thus, NMFS proposes to
• Photographs or video footage of the would report the incident to the Chief authorize take by Level B harassment
animal(s) (if equipment is available). Permits and Conservation Division, and Level A harassment resulting from
Lamont-Doherty shall not resume its Office of Protected Resources, NMFS, the operation of the sound sources for
activities until we are able to review the within 24 hours of the discovery. the proposed seismic survey based upon
circumstances of the prohibited take. Lamont-Doherty would provide the current acoustic exposure criteria
We shall work with Lamont-Doherty to photographs or video footage (if shown in Table 4 subject to the
determine what is necessary to available) or other documentation of the limitations in take described in Table 5
minimize the likelihood of further stranded animal sighting to NMFS. later in this notice.
TABLE 4—NMFS’ CURRENT ACOUSTIC EXPOSURE CRITERIA
Criterion Criterion definition Threshold
Level A Harassment (Injury) Permanent Threshold Shift (PTS) (Any level above that 180 dB re 1 microPa-m (cetaceans)/190 dB re 1
which is known to cause TTS). microPa-m (pinnipeds) root mean square (rms)
Level B Harassment ............ Behavioral Disruption (for impulse noises) ..................... 160 dB re 1 microPa-m (rms)
NMFS’ practice is to apply the 160 dB Acknowledging Uncertainties in numbers of individuals harassed and
re: 1 mPa received level threshold for Estimating Take the instances of harassment can be
underwater impulse sound levels to difficult to parse. Moreover, when one
predict whether behavioral disturbance Given the many uncertainties in considers the duration of the activity, in
that rises to the level of Level B predicting the quantity and types of the absence of information to predict the
harassment is likely to occur. NMFS’ impacts of sound on marine mammals, degree to which individual animals are
practice is to apply the 180 dB or 190 it is common practice to estimate how likely exposed repeatedly on subsequent
dB re: 1 mPa received level threshold for many animals are likely to be present days, the simple assumption is that
within a particular distance of a given entirely new animals are exposed in
underwater impulse sound levels to
activity, or exposed to a particular level every day, which results in a take
predict whether permanent threshold
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of sound and use that information to estimate that in some circumstances
shift (auditory injury), which we
predict how many animals are taken. In overestimates the number of individuals
consider as Level A harassment is likely
practice, depending on the amount of harassed.
to occur.
information available to characterize The following sections describe
daily and seasonal movement and NMFS’ methods to estimate take by
distribution of affected marine incidental harassment. We base these
mammals, distinguishing between the estimates on the number of marine
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![75380 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
mammals that potentially harassed by exposures to received levels greater than model generated instances of take for
seismic operations with the airgun array or equal to 160-dB re: 1 mPa on a given some species that were less than one
during approximately 3,236 km (2,028 day; over the 28-day duration. Those species
mi) of transect lines in the South (3) Multiply each product (i.e., the include the humpback, blue, Bryde’s,
Atlantic Ocean. expected number of instances of pygmy sperm, and dwarf sperm whale.
Modeled Number of Instances of exposures within a day) by the number NMFS used data based on dedicated
Exposures: Lamont-Doherty would of survey days that includes a 25 survey sighting information from the
conduct the proposed seismic survey percent contingency (i.e., a total of six Atlantic Marine Assessment Program for
within the high seas in the South days for the five OBS tracklines and a Protected Species (AMAPPS) surveys in
Atlantic Ocean. NMFS presents total of 22 days for the MCS trackline) 2010, 2011, and 2013 (AMAPPS, 2010,
estimates of the anticipated numbers of to derive the predicted number of 2011, 2013) to estimate take and
instances that marine mammals could instances of exposures over the duration assumed that Lamont-Doherty could
be exposed to sound levels greater than of the survey; potentially encounter one group of each
or equal to 160, 180, and 190 dB re: 1 (4) Multiply the daily ensonified area species during the proposed seismic
mPa during the proposed seismic survey. by each species-specific density to survey. NMFS believes it is reasonable
Table 5 represents the numbers of derive the predicted number of to use the average (mean) group size
instances of take that NMFS proposes to instances of exposures to received levels
(weighted by effort and rounded up)
authorize for this survey within the greater than or equal to 180-dB re: 1 mPa
from the AMMAPS surveys for
South Atlantic Ocean. for cetaceans on a given day (i.e., Level
humpback whale (3), blue whale (2),
NMFS’ Take Estimate Method for A takes). This calculation includes a
Bryde’s whale (2), pygmy sperm whale
Species with Density Information: In daily ensonified area of approximately
(2), and dwarf sperm whale (2) to derive
order to estimate the potential number 207 km2 (80 mi2) for the five OBS
tracklines and 281 km2 (108 mi2) for the a reasonable estimate of take for
of instances that marine mammals could eruptive occurrences.
be exposed to airgun sounds above the MCS trackline.
(5) Multiply each product by the Take Estimates for Species with No
160-dB Level B harassment threshold
number of survey days that includes a Density Information: Density
and the 180-dB Level A harassment
25 percent contingency (i.e., a total of information for the Southern right
thresholds, NMFS used the following
six days for the five OBS tracklines and whale, southern elephant seal, and
approach for species with density
a total of 22 days for the MCS trackline). Subantarctic fur seal in the South
estimates derived from the Navy’s Subtract that product from the predicted Atlantic Ocean is data poor or non-
Atlantic Fleet Training and Testing number of instances of exposures to existent. When density estimates were
Navy Marine Species Density Database received levels greater than or equal to not available, NMFS used data based on
maps for the survey area in the Southern 160-dB re: 1 mPa on a given day to
Atlantic Ocean. NMFS used the highest dedicated survey sighting information
derive the number of instances of from the Atlantic Marine Assessment
density range for each species within exposures estimated to occur between
the survey area. Program for Protected Species
160 and 180-dB threshold (i.e., Level B (AMAPPS) surveys in 2010, 2011, and
(1) Calculate the total area that the takes).
Langseth would ensonify above the 160- 2013 (AMAPPS, 2010, 2011, 2013) to
In many cases, this estimate of estimate take for the three species.
dB Level B harassment threshold and instances of exposures is likely an
above the 180-dB Level A harassment NMFS assumed that Lamont-Doherty
overestimate of the number of could potentially encounter one group
threshold for cetaceans within a 24-hour individuals that are taken, because it
period. This calculation includes a daily of each species during the seismic
assumes 100 percent turnover in the survey. NMFS believes it is reasonable
ensonified area of approximately 1,377 area every day, (i.e., that each new day
square kilometers (km2) (532 square to use the average (mean) group size
results in takes of entirely new (weighted by effort and rounded up) for
miles [mi2]) for the five OBS tracklines individuals with no repeat takes of the
and 1,839 km2 (710 mi2) for the MCS North Atlantic right whales (3) from the
same individuals over the 22-day period
trackline based on the Langseth AMMAPS surveys for the Southern right
(28 days with contingency). It is
traveling approximately 150 km [93 mi] whale and the mean group size for
difficult to quantify to what degree this
in one day). Generally, the Langseth unidentified seals (2) from the
method overestimates the number of
travels approximately 137 km (85 mi) in AMMAPS surveys for southern elephant
individuals potentially taken. Except as
one day while conducting a seismic and Subantarctic fur seals multiplied by
described later for a few specific
survey, thus, NMFS’ estimate of a daily species, NMFS uses this number of 28 days to derive an estimate of take
ensonified area based on 150 km is an instances as the estimate of individuals from a potential encounter.
estimation of the theoretical maximum (and authorized take) even though NMFS used sighting information from
that the Langseth could travel within 24 NMFS is aware that the number may be a survey off Namibia, Africa (Rose and
hours. somewhat high due to the use of the Payne, 1991) to estimate a mean group
(2) Multiply each daily ensonified maximum density estimate from the size for southern right whale dolphins
area above the 160-dB Level B NMSDD. (58) and also multiplied that estimate by
harassment threshold by the species’ Take Estimates for Species with Less 28 days to derive an estimate of take
density (animals/km2) to derive the than One Instance of Exposure: Using from a potential encounter with that
predicted number of instances of the approach described earlier, the species.
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![Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices 75381
TABLE 5—DENSITIES AND/OR MEAN GROUP SIZE, AND ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS AND
POPULATION PERCENTAGES EXPOSED TO SOUND LEVELS GREATER THAN OR EQUAL TO 160 dB re: 1 μPa OVER 28
DAYS DURING THE PROPOSED SEISMIC SURVEY IN THE SOUTH ATLANTIC OCEAN
[January through March, 2016]
Modeled number
of instances of
Density exposures to Proposed Proposed Percent of Population
Species sound levels ≥
estimate 1 Level A take 3 Level B take 3 population 4 trend 5
160, 180, and
190 dB 2
Antarctic minke whale ................................ 0.054983 2,276,396, – 396 2,276 0.519 Unknown.
Blue whale ................................................. 0.000032 4, 0, – 0 4 2.074 Unknown.
Bryde’s whale ............................................. 0.000262 56, 0, – 0 56 0.128 Unknown.
Common minke whale ............................... 0.054983 2,276,396, – 396 2,276 0.519 Unknown.
Fin whale .................................................... 0.002888 106, 28, – 28 106 0.609 Unknown.
Humpback whale ....................................... 0.000078 6, 0, – 0 6 0.200 ↑
Sei whale ................................................... 0.002688 106, 28, – 28 106 1.340 Unknown.
Southern right whale .................................. NA 84, 0, – 0 84 0.700 Unknown.
Sperm whale .............................................. 0.001214 50, 0, – 0 50 0.014 Unknown.
Dwarf sperm whale .................................... 0.000041 4, 0, – 0 4 1.480 Unknown.
Pygmy sperm whale .................................. 0.000021 4, 0, – 0 4 1.480 Unknown.
Cuvier’s beaked whale ............................... 0.003831 156, 28, – 28 156 0.031 Unknown.
Andrew’s beaked whale ............................. 0.000511 28, 0, – 0 28 0.005 Unknown.
Arnoux’s beaked whale .............................. 0.000956 28, 0, – 0 28 0.005 Unknown.
Blainville’s beaked whale ........................... 0.000663 28, 0, – 0 28 0.005 Unknown.
Gervais’ beaked whale .............................. 0.001334 56, 0, – 0 56 0.009 Unknown.
Gray’s beaked whale ................................. 0.000944 28, 0, – 0 28 0.005 Unknown.
Hector’s beaked whale .............................. 0.000246 0, 0, – 0 0 0.000 Unknown.
Shepherd’s beaked whale ......................... 0.000816 28, 0, – 0 28 0.005 Unknown.
Strap-toothed beaked whale ...................... 0.000638 28, 0, – 0 28 0.005 Unknown.
True’s beaked whale .................................. 0.000876 28, 0, – 0 28 0.005 Unknown.
Southern bottlenose whale ........................ 0.000917 28, 0, – 0 28 0.005 Unknown.
Bottlenose dolphin ..................................... 0.020744 848, 156, – 156 848 0.167 Unknown.
Rough-toothed dolphin ............................... 0.000418 22, 0, – 0 22 8.118 Unknown.
Pantropical spotted dolphin ....................... 0.003674 156, 28, – 28 156 5.521 Unknown.
Striped dolphin ........................................... 0.174771 7,208, 1,294, – 1,294 7,208 15.513 Unknown.
Fraser’s dolphin ......................................... 0.001568 56, 0, – 0 56 0.019 Unknown.
Spinner dolphin .......................................... 0.006255 262, 50, – 50 262 0.026 Unknown.
Atlantic spotted dolphin .............................. 0.023756 982, 184, – 184 982 2.608 Unknown.
Clymene dolphin ........................................ 0.000258 0, 0, – 0 0 0.000 Unknown.
Risso’s dolphin ........................................... 0.037399 1,540, 290, – 290 1,540 8.844 Unknown.
Long-beaked common dolphin .................. 0.000105 0, 0, – 0 0 0.000 Unknown.
Short-beaked common dolphin .................. 0.129873 5,356, 954, – 954 5,356 3.637 Unknown.
Southern right whale dolphin ..................... NA 1,624, 0, – 0 1,624 Unknown Unknown.
Melon-headed whale .................................. 0.006285 262, 50, – 50 262 0.624 Unknown.
Pygmy killer whale ..................................... 0.001039 50, 0, – 0 50 1.395 Unknown.
False killer whale ....................................... 0.000158 0, 0, – 0 0 0.000 Unknown.
Killer whale ................................................. 0.003312 134, 28, – 28 134 0.324 Unknown.
Long-finned pilot whale .............................. 0.007614 318, 56, – 56 318 0.187 Unknown.
Short-finned pilot whale ............................. 0.015616 636, 106, – 106 636 0.371 Unknown.
Southern Elephant Seal ............................. NA 4, 0, 0 0 4 0.001 Unknown.
Subantarctic fur seal .................................. NA 4, 0, 0 0 4 0.001 Unknown.
1 Densities (where available) are expressed as number of individuals per km2. Densities estimated from the Navy’s Atlantic Fleet Training and
Testing Navy Marine Species Density Database maps for the survey area in the Southern Atlantic Ocean. NA = Not available.
2 See preceding text for information on NMFS’ take estimate calculations. NA = Not applicable.
3 Modeled instances of exposures include adjustments for species with no density information. The Level A estimates are overestimates of pre-
dicted impacts to marine mammals as the estimates do not take into consideration the required mitigation measures for shutdowns or power
downs if a marine mammal is likely to enter the 180 dB exclusion zone while the airguns are active.
4 Table 2 in this notice lists the stock species abundance estimates used in calculating the percentage of the population.
5 Population trend information from Waring et al., 2015. ↑= Increasing. ↓ = Decreasing. Unknown = Insufficient data.
Lamont-Doherty did not estimate any airguns are not operating) and in believe it is necessary to authorize
additional take from sound sources between transits to each of the five OBS additional takes for entanglement at this
other than airguns. NMFS does not tracklines, and, therefore, NMFS does time.
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expect the sound levels produced by the not anticipate additional takes from The Langseth will operate at a
echosounder and sub-bottom profiler to these sources in this particular case. relatively slow speed (typically 4.6
exceed the sound levels produced by NMFS considers the probability for knots [8.5 km/h; 5.3 mph]) when
the airguns. Lamont-Doherty will not entanglement of marine mammals as conducting the survey. Protected
operate the multibeam echosounder and low because of the vessel speed and the species observers would monitor for
sub-bottom profiler during transits to monitoring efforts onboard the survey marine mammals, which would trigger
and from the survey area, (i.e., when the vessel. Therefore, NMFS does not mitigation measures, including vessel
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![75386 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
levels greater than or equal to 160 dB re: report must include the following 10. Reporting an Injured or Dead
1 mPa and/or 180 dB re 1 mPa for information: Marine Mammal Unrelated to the
cetaceans and 190-dB re 1 mPa for • Time, date, and location (latitude/ Activities
pinnipeds and a discussion of any longitude) of the incident;
• Name and type of vessel involved; In the event that Lamont-Doherty
specific behaviors those individuals discovers an injured or dead marine
exhibited. • Vessel’s speed during and leading
up to the incident; mammal, and the lead visual observer
iv. An estimate of the number (by • Description of the incident; determines that the injury or death is
species) of marine mammals with • Status of all sound source use in the not associated with or related to the
estimated exposures (based on modeling 24 hours preceding the incident; authorized activities (e.g., previously
results) to the seismic activity at • Water depth; wounded animal, carcass with moderate
received levels greater than or equal to • Environmental conditions (e.g., to advanced decomposition, or
160 dB re: 1 mPa and/or 180 dB re 1 mPa wind speed and direction, Beaufort sea scavenger damage), Lamont-Doherty
for cetaceans and 190-dB re 1 mPa for state, cloud cover, and visibility); would report the incident to the Chief,
pinnipeds with a discussion of the • Description of all marine mammal Permits and Conservation Division,
nature of the probable consequences of observations in the 24 hours preceding Office of Protected Resources, NMFS, at
that exposure on the individuals. the incident; 301–427–8401 and/or by email, within
v. A description of the • Species identification or 24 hours of the discovery. Lamont-
implementation and effectiveness of the: description of the animal(s) involved; Doherty would provide photographs or
(A) terms and conditions of the • Fate of the animal(s); and video footage (if available) or other
Biological Opinion’s Incidental Take • Photographs or video footage of the documentation of the stranded animal
Statement (attached); and (B) mitigation animal(s) (if equipment is available). sighting to NMFS.
measures of the Incidental Harassment Lamont-Doherty shall not resume its
activities until we are able to review the 11. Endangered Species Act Biological
Authorization. For the Biological Opinion and Incidental Take Statement
Opinion, the report will confirm the circumstances of the prohibited take.
implementation of each Term and We shall work with Lamont-Doherty to Lamont-Doherty is required to comply
Condition, as well as any conservation determine what is necessary to with the Terms and Conditions of the
recommendations, and describe their minimize the likelihood of further Incidental Take Statement
effectiveness, for minimizing the prohibited take and ensure MMPA corresponding to the Endangered
adverse effects of the action on compliance. Lamont-Doherty may not Species Act Biological Opinion issued
Endangered Species Act listed marine resume their activities until notified by to the National Science Foundation and
mammals. us via letter, email, or telephone. NMFS’ Office of Protected Resources,
b. Submit a final report to the Chief, 9. Reporting an Injured or Dead Marine Permits and Conservation Division
Permits and Conservation Division, Mammal With an Unknown Cause of (attached). A copy of this Authorization
Office of Protected Resources, National Death and the Incidental Take Statement must
Marine Fisheries Service, within 30 be in the possession of all contractors
In the event that Lamont-Doherty
days after receiving comments from us and protected species observers
discovers an injured or dead marine
on the draft report. If we decide that the operating under the authority of this
mammal, and the lead visual observer
draft report needs no comments, we will Incidental Harassment Authorization.
determines that the cause of the injury
consider the draft report to be the final or death is unknown and the death is Request for Public Comments
report. relatively recent (i.e., in less than a NMFS invites comments on our
8. Reporting Prohibited Take moderate state of decomposition as we analysis, the draft authorization, and
describe in the next paragraph), Lamont- any other aspect of the Notice of
In the unanticipated event that the Doherty will immediately report the proposed Authorization for Lamont-
specified activity clearly causes the take incident to the Chief, Permits and Doherty’s activities. Please include any
of a marine mammal in a manner not Conservation Division, Office of supporting data or literature citations
permitted by the authorization (if Protected Resources, NMFS, at 301– with your comments to help inform our
issued), such as an injury, serious 427–8401 and/or by email. The report final decision on Lamont-Doherty’s
injury, or mortality (e.g., ship-strike, must include the same information request for an application.
gear interaction, and/or entanglement), identified in the paragraph above this
Lamont-Doherty shall immediately section. Activities may continue while Dated: November 24, 2015.
cease the specified activities and NMFS reviews the circumstances of the Perry F. Gayaldo,
immediately report the take to the Chief, incident. NMFS would work with Deputy Director, Office of Protected
Permits and Conservation Division, Lamont-Doherty to determine whether Resources, National Marine Fisheries Service.
Office of Protected Resources, NMFS, at modifications in the activities are [FR Doc. 2015–30333 Filed 11–25–15; 8:45 am]
301–427–8401 and/or by email. The appropriate. BILLING CODE 3510–22–P
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Document Created: 2018-03-02 09:10:12
Document Modified: 2018-03-02 09:10:12
| 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; proposed incidental harassment authorization; request for comments. | |
| Dates | NMFS must receive comments and information on or before December 31, 2015. | |
| Contact | Jeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401. | |
| FR Citation | 80 FR 75356 | |
| RIN Number | 0648-XE29 |
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