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DEPARTMENT OF COMMERCE information or otherwise sensitive or National Environmental Policy Act protected information. To comply with the National National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Rob Environmental Policy Act of 1969 Administration Pauline, Office of Protected Resources, (NEPA; 42 U.S.C. 4321 et seq.) and RIN 0648–XG144 NMFS, (301) 427–8401. Electronic NOAA Administrative Order (NAO) copies of the application and supporting 216–6A, NMFS must review our Takes of Marine Mammals Incidental to documents, as well as a list of the proposed action (i.e., the issuance of an Specified Activities; Taking Marine references cited in this document, may incidental harassment authorization) Mammals Incidental to a Marine be obtained online at: https:// with respect to potential impacts on the Geophysical Survey in the North www.fisheries.noaa.gov/node/23111. In human environment. Pacific Ocean case of problems accessing these Accordingly, NMFS plans to adopt documents, please call the contact listed the National Science Foundation’s EA, AGENCY: National Marine Fisheries above. provided our independent evaluation of Service (NMFS), National Oceanic and the document finds that it includes SUPPLEMENTARY INFORMATION: Atmospheric Administration (NOAA), adequate information analyzing the Commerce. Background effects on the human environment of ACTION: Notice; proposed incidental issuing the IHA. We will review all harassment authorization; request for Sections 101(a)(5)(A) and (D) of the comments submitted in response to this comments. MMPA (16 U.S.C. 1361 et seq.) direct notice prior to concluding our NEPA the Secretary of Commerce (as delegated process or making a final decision on SUMMARY: NMFS has received a request to NMFS) to allow, upon request, the the IHA request. from the Lamont-Doherty Earth incidental, but not intentional, taking of Observatory of Columbia University small numbers of marine mammals by Summary of Request (L–DEO) for authorization to take U.S. citizens who engage in a specified On March 16, 2018, NMFS received a marine mammals incidental to a marine activity (other than commercial fishing) request from the L–DEO for an IHA to geophysical survey in the North Pacific within a specified geographical region if take marine mammals incidental to Ocean. Pursuant to the Marine Mammal certain findings are made and either conducting a marine geophysical survey Protection Act (MMPA), NMFS is regulations are issued or, if the taking is in the North Pacific Ocean. L–DEO requesting comments on its proposal to limited to harassment, a notice of a submitted a revised application on June issue an incidental harassment proposed authorization is provided to 11, 2018. On June 13, 2018 we deemed authorization (IHA) to incidentally take the public for review. L–DEO’s application for authorization to marine mammals during the specified An authorization for incidental be adequate and complete. L–DEO’s activities. NMFS will consider public takings shall be granted if NMFS finds request is for take of small numbers of comments prior to making any final that the taking will have a negligible 39 species of marine mammals by Level decision on the issuance of the impact on the species or stock(s), will A and Level B harassment. Underwater requested MMPA authorization and not have an unmitigable adverse impact sound associated with airgun use may agency responses will be summarized in on the availability of the species or result in the behavioral harassment or the final notice of our decision. stock(s) for subsistence uses (where auditory injury of marine mammals in DATES: Comments and information must relevant), and if the permissible the ensonified areas. Mortality is not an be received no later than July 30, 2018. methods of taking and requirements anticipated outcome of airgun surveys ADDRESSES: Comments should be pertaining to the mitigation, monitoring such as this, and, therefore, an IHA is addressed to Jolie Harrison, Chief, and reporting of such takings are set appropriate. The planned activity is not Permits and Conservation Division, forth. expected to exceed one year, hence, we Office of Protected Resources, National NMFS has defined ‘‘negligible do not expect subsequent MMPA Marine Fisheries Service. Physical impact’’ in 50 CFR 216.103 as an impact incidental harassment authorizations comments should be sent to 1315 East- resulting from the specified activity that would be issued for this particular West Highway, Silver Spring, MD 20910 cannot be reasonably expected to, and is activity. and electronic comments should be sent not reasonably likely to, adversely affect Description of Proposed Activity to [email protected]. the species or stock through effects on Instructions: NMFS is not responsible annual rates of recruitment or survival. Overview for comments sent by any other method, The MMPA states that the term ‘‘take’’ The specified activity consists of two to any other address or individual, or means to harass, hunt, capture, kill or high-energy seismic surveys conducted received after the end of the comment attempt to harass, hunt, capture, or kill at different locations in the North period. Comments received any marine mammal. Pacific Ocean. Researchers from electronically, including all Except with respect to certain Lamont-Doherty Earth Observatory attachments, must not exceed a 25- activities not pertinent here, the MMPA (L–DEO) and University of Hawaii, with megabyte file size. Attachments to defines ‘‘harassment’’ as: Any act of funding from the U.S. National Science electronic comments will be accepted in pursuit, torment, or annoyance which (i) Foundation (NSF), in collaboration with Microsoft Word or Excel or Adobe PDF has the potential to injure a marine researchers from United States file formats only. All comments mammal or marine mammal stock in the Geological Survey (USGS), Oxford received are a part of the public record wild (Level A harassment); or (ii) has University, and GEOMAR Helmholtz and will generally be posted online at the potential to disturb a marine Centre for Ocean Research Kiel https://www.fisheries.noaa.gov/node/ mammal or marine mammal stock in the (GEOMAR), propose to conduct the 23111 without change. All personal wild by causing disruption of behavioral surveys from the Research Vessel (R/V) identifying information (e.g., name, patterns, including, but not limited to, Marcus G. Langseth (Langseth) in the address) voluntarily submitted by the migration, breathing, nursing, breeding, North Pacific Ocean. The NSF-owned commenter may be publicly accessible. feeding, or sheltering (Level B Langseth is operated by Columbia Do not submit confidential business harassment). University’s L–DEO under an existing

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Cooperative Agreement. The first undersea volcanoes, stretches over 5,800 (E)-West (W) tracklines (Lines 3 and 4). proposed seismic survey would occur in kilometers (km) or 3,600 miles (mi) from An optional trackline (Line 5) could be the vicinity of the Main Hawaiian the Aleutian Trench in the far northwest acquired instead of Line 4 (Fig. 1). Lines Islands, and a subsequent survey would Pacific to the Lo1ihi seamount, the 1 and 2 would be acquired twice— take place at the Emperor Seamounts in youngest volcano in the chain, which seismic refraction data would be 2019. The proposed timing for the lies about 35 km (22 mi) southeast of the acquired first, followed by multichannel Hawaii survey is summer/early fall Island of Hawaii. The Emperor seismic (MCS) reflection data. Only 2018; the timing for the Emperor Seamounts seismic survey location is MCS reflection profiling would occur Seamounts survey would likely be located approximately 4,100 km (2,200 along Lines 3, 4, or 5. The location of spring/early summer 2019. Both surveys mi) northwest of the Hawaii seismic the E-W tracklines (Lines 3, 4, or 5) would use a 36-airgun towed array with survey location. could shift from what is currently a total discharge volume of ∼6,600 in3. Representative survey tracklines are depicted in Figure 1 depending on the The main goal of the surveys shown in Figures 1 and 2 in the science objectives; however, the E-W proposed by L–DEO and the University application. As described further in this lines would remain in water >3,200 m of Hawaii is to gain fundamental insight document, however, some deviation in deep. into the formation and evaluation of actual track lines, including order of The Langseth would first deploy 70 Hawaiian-Emperor Seamount chain, and survey operations, could be necessary ocean bottom seismometers (OBS)s inform a more comprehensive for reasons such as science drivers, poor required for the refraction profiling—the assessment of geohazards for the data quality, inclement weather, or vessel would transit from Honolulu to Hawaiian Islands region. mechanical issues with the research the north end of Line 2, deploy 35 OBSs vessel and/or equipment. Thus, for the along Line 2, ∼15 km apart, and then Dates and Duration Emperor Seamounts survey, the transit to the south end of Line 1 to The Hawaii survey would be expected tracklines could occur anywhere within deploy 35 OBSs (∼15 km apart) along to last for 36 days, including ∼19 days the coordinates noted above and Line 1. The streamer and airgun array of seismic operations, 11 days of illustrated by the box in the inset map would then be deployed. Refraction data equipment deployment/retrieval, ∼3 on Figure 2. The tracklines for the would then be acquired from north to days of operational contingency time Hawaii survey could shift slightly, but south on Line 1 followed by MCS (e.g., weather delays, etc.), and ∼3 days would stay within the coordinates noted profiling along the same line. If Lines 3 of transit. The Langseth would leave out above and general vicinity of and 4 are to be surveyed (preferred of and return to port in Honolulu during representative lines depicted in Figure option), MCS profiles would then be summer (likely mid-August) 2018. The 1. Water depths in the proposed Hawaii acquired along Line 3, followed by Emperor Seamounts survey would be survey area range from ∼700 to more refraction data acquisition in a north- expected to last 42 days, including ∼13 than 5,000 m. The water depths in the south direction along Line 2, followed days of seismic operations, ∼11 days of Emperor Seamounts survey area range by MCS profiles along Line 2 from south equipment deployment/retrieval, ∼5.5 from 1,500–6,000 m. The proposed to north. The vessel would then acquire days of operational contingency time, Hawaii seismic survey would be MCS profiles from the north end of Line and 12.5 days of transit. The Langseth conducted within the U.S. exclusive 2 to the west end of Line 4, and along would leave Honolulu and return to economic zone (EEZ); the Emperor Line 4. After seismic acquisition ceases, port likely in Adak or Dutch Harbor, Seamounts survey would take place in the streamer, airgun source, and all Alaska. The dates for this cruise have International Waters. OBSs would be recovered by the not yet been determined, although late Langseth. spring/early summer 2019 is most Detailed Description of Specific Activity There would be three seismic likely. The procedures to be used for the transects for the Emperor Seamounts proposed surveys would be similar to survey (Fig. 2). Data would be acquired Specific Geographic Region those used during previous seismic twice along the two OBS lines—once for The specified activity consists of two surveys by L–DEO and would use seismic refraction data and once for seismic surveys in the North Pacific conventional seismic methodology. The MCS reflection profiling. Only MCS Ocean—one at the Main Hawaiian surveys would involve one source reflection profiling would occur along Islands (Fig. 1 in application) and the vessel, the Langseth, which is owned by the third transect that connects the two other at the Emperor Seamounts (Fig. 2 NSF and operated on its behalf by OBS lines. The Langseth would first in application). The proposed Hawaii Columbia University’s L–DEO. The acquire MCS reflection data for all three survey would occur within ∼18–24° N, Langseth would deploy an array of 36 lines—from north to south, then along ∼153–160° W, and the proposed airguns as an energy source with a total the connecting transect, and from west Emperor Seamounts survey would occur volume of ∼6,600 in3. The receiving to east. After recovering the streamer within ∼43–48° N, ∼166–173° E. The system would consist of OBSs and a and airgun array, the Langseth would Hawaiian–Emperor Seamount chain is a single hydrophone streamer 15 km in deploy 32 OBSs required for the mostly undersea mountain range in the length and OBSs. As the airgun arrays refraction profiling from east to west Pacific Ocean that reaches above sea are towed along the survey lines, the along the first line. After seismic level in Hawaii. It is composed of the hydrophone streamer would transfer the acquisition along the first OBS line from Hawaiian ridge, consisting of the islands data to the on-board processing system, west to east, the OBSs would be of the Hawaiian chain northwest to Kure and the OBSs would receive and store recovered and re-deployed along the Atoll, and the Emperor Seamounts: the returning acoustic signals internally second OBS line, which would then be Together they form a vast underwater for later analysis. surveyed from north to south. The mountain region of islands and The proposed study consists of two Langseth would then recover all OBSs, intervening seamounts, atolls, shallows, seismic surveys in the North Pacific the streamer, and the airgun array. banks and reefs along a line trending Ocean. There would be a total of four In addition to the operations of the southeast to northwest beneath the seismic transects for the Hawaii airgun array, a multibeam echosounder northern Pacific Ocean. The seamount survey—two North (N)-South (S) (MBES), a sub-bottom profiler (SBP), chain, containing over 80 identified tracklines (Lines 1 and 2), and two East and an Acoustic Doppler Current

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Profiler (ADCP) would be operated from Description of Marine Mammals in the Twenty-eight cetacean species, the Langseth continuously during the Area of the Specified Activity including 21 odontocetes (dolphins and seismic surveys, but not during transit Section 4 of the IHA application small- and large-toothed whales) and to and from the survey areas. All summarizes available information seven mysticetes (baleen whales), and planned geophysical data acquisition regarding status and trends, distribution one pinniped species, could occur in activities would be conducted by and habitat preferences, and behavior the proposed Hawaii survey area (Table L–DEO with on-board assistance by the and life history of the potentially 4). In the Emperor Seamounts survey scientists who have proposed the affected species. More general area, 27 marine mammal species could studies. The vessel would be self- information about these species (e.g., occur, including 15 odontocetes contained, and the crew would live physical and behavioral descriptions) (dolphins and small- and large-toothed aboard the vessel. may be found on NMFS’ website whales), eight mysticetes (baleen (https://www.fisheries.noaa.gov/find- whales), and four pinniped species. During the two surveys, the Langseth species). Some species occur in both locations. In would tow the full array, consisting of Table 1 lists all species with expected total, 39 species are expected to occur four strings with 36 airguns (plus 4 potential for occurrence in the North in the vicinity of the specified activity. ∼ 3 spares) and a total volume of 6,600 in . Pacific Ocean and summarizes The 4-string array would be towed at a Baird et al. (2015) described information related to the population, numerous Biologically Important Areas depth of 12 m, and the shot intervals including regulatory status under the would range from 50 m for MCS (BIAs) for cetaceans for the Hawaii MMPA and ESA. Some of the region. BIAs were identified for small acquisition and 150 m for OBS populations of marine mammals resident populations of cetaceans based acquisition. To retrieve OBSs, an considered in this document occur on sighting data, photo-identification, acoustic release transponder (pinger) is within the U.S. EEZ and are therefore genetics, satellite tagging, and expert assigned to stocks and are assessed in used to interrogate the instrument at a opinion, and one reproductive area for NMFS’ Stock Assessment Reports frequency of 8–11 kHz, and a response humpbacks was identified as a BIA; is received at a frequency of 11.5–13 (www.nmfs.noaa.gov/pr/sars/). As such, information on potential biological these are described in the following kHz. The burn-wire release assembly is section for each marine mammal then activated, and the instrument is removal (PBR; defined by the MMPA as ∼ the maximum number of animals, not species. The BIAs range from 700– released to float to the surface from the 23,500 km2 in area (Baird et al. 2015). anchor which is not retrieved. including natural mortalities, that may be removed from a marine mammal Marine mammal abundance estimates Proposed mitigation, monitoring, and stock while allowing that stock to reach presented in this document represent reporting measures are described in or maintain its optimum sustainable the total number of individuals detail later in this document (please see population) and on annual levels of estimated within a particular study or ‘‘Proposed Mitigation’’ and ‘‘Proposed serious injury and mortality from survey area. All values presented in Monitoring and Reporting’’). anthropogenic sources are not available Table 1 are the most recent available at for these marine mammal populations. the time of publication. TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROPOSED SURVEY AREAS

ESA/ Present at time of MMPA Stock abundance Annual survey (Y/N) Common name Scientific name Stock status; (CV, Nmin, most recent PBR 3 2 M/SI strategic abundance survey) HI Emperor (Y/N) 1 Seamounts

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius Western North Pa- E/D; Y ... 140 (0.04, 135, 2011) 4 ...... 0.06 unk N Y robustus. cific. Family Balaenidae: North Pacific right Eubalaena japonica Eastern North Pa- E/D; Y ... 31 (0.226, 26, 2013) 6 ...... N/A 0 N Y whale. cific. N/A ...... 450 5 ...... Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera Central North Pacific -/-; N ...... 10,103 (0.03, 7,890, 83 25 Y Y novaeangliae. 2006) 6. Western North Pa- E/D; Y ... 1,107 (0.30, 865,2006) 6 .... 3 3.2 cific. Minke whale ...... Balaenoptera Hawaii ...... UNK ...... N Y acutorostrata. N/A ...... 22,000 7 ...... Bryde’s whale ...... (Balaenoptera edeni/ Hawaii ...... -/-; N ...... 1,751 (0.29, 1,378, 2010) 17 13.8 0 Y Y brydei. Eastern Tropical Pa- -/-; N— .. UNK ...... UND ...... cific. Sei whale ...... Balaenoptera bore- Hawaii ...... E/D; Y ... 178 (0.9, 93, 2010) 4 ...... 0.2 0.2 Y Y alis. Fin whale ...... Balaenoptera Hawaii ...... E/D; Y ... 154 (1.05, 75, 2010) 17 ...... 0.1 0 Y Y physalus physalus. N/A ...... 13,620–18,680 9 ...... Blue whale ...... Balaenoptera Central North Pacific E/D; Y ... 133 (1.09, 63, 2010) 17 ...... 0.1 0 Y Y musculus musculus).

Superfamily Odontoceti (toothed whales, dolphins, porpoises)

Family Physeteridae:

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TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROPOSED SURVEY AREAS—Continued

ESA/ Present at time of survey (Y/N) MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, Nmin, most recent PBR 3 2 M/SI strategic abundance survey) HI Emperor (Y/N) 1 Seamounts

Sperm whale ...... Physeter Hawaii ...... E/D; Y ... 4,559 (0.33, 3,478, 2010) 17 13.9 0.7 Y Y macrocephalus. N/A ...... N/A ...... 29,674 10–26,300 11 ...... Family Kogiidae: Pygmy sperm whale ..... Kogia breviceps ...... Hawaii ...... -/-; N ...... 7,138 4 ...... UND 0 Y Y Dwarf sperm whale ...... Kogia sima ...... Hawaii ...... -/-; N ...... 17,519 4 ...... UND 0 Y Y Family Ziphiidae (beaked whales): Cuvier’s beaked whale Ziphius cavirostris ... Hawaii ...... -, -, N ..... 723 (0.69, 428, 2010) 17 ..... 4.3 0 Y Y N/A ...... 20,000 12 ...... Longman’s beaked Indopacetus Hawaii ...... -, -, N ..... 7,619 (0.66, 4,592, 2010) 17 46 0 Y N whale. pacificus. Blainville’s beaked Mesoplodon Hawaii ...... -, -, N ..... 2,105 (1.13,1, 980, 2010) 17 10 0 Y N whale. densirostris. Stejneger’s beaked Mesoplodon Alaska ...... N ...... UNK ...... UND 0 N Y whale. stejnegeri. Ginkgo-toothed beaked Mesoplodon N/A ...... 25,300 12 ...... Rare Absent whale. ginkgodens. Deraniyagala’s beaked Mesoplodon hotaula N/A ...... 25,300 12 ...... Y N whale. Hubb’s beaked whale ... Mesoplodon N/A ...... 25,300 12 ...... Y N carlhubbsi. Baird’s beaked whale ... Berardius bairdii ...... N/A ...... 10,190 13 ...... N Y Family Delphinidae: Rough-toothed dolphin Steno bredanensis .. Hawaii ...... -, -, N ..... 72,528 (0.39, 52,033, 46 UNK Common N 2010) 17. Common bottlenose Tursiops truncatus .. Hawaii Pelagic ...... -/-; N ...... 21,815 (0.57, 13,957, 140 0.2 Common N dolphin. 2010) 17. Kaua1i and Ni1ihau ... -/-; N ...... 184 (0.11, 168, 2005) 4 ...... 1.7 unk Common N ...... O1ahu ...... -/-; N ...... 743 (0.54, 485, 2006) 4 ...... 4.9 unk Common N 4 Islands Region ..... -/-; N ...... 191 (0.24, 156, 2006) ...... unk unk Common N Hawaii Island ...... -/-; N ...... 128 (0.13, 115, 2006) 4 ...... 1.6 unk Common N Common dolphin ...... Delphinus delphis .... N/A ...... 2,963,000 14 ...... N Y Pantropical spotted dol- Stenella attenuata ... Hawaii Pelagic ...... -/-; N ...... 55,795 (0.40, 40,338, 403 0 Y N phin. 2010) 17. O1ahu ...... -/-; N ...... unk ...... unk unk 4 Island Region ...... -/-; N ...... unk ...... unk unk Hawaii Island ...... -/-; N ...... unk ...... unk ≥ 0.2 Spinner dolphin ...... Stenella longirostris Hawaii Pelagic ...... -/-; N ...... unk ...... unk unk Y N ...... Hawaii Island ...... -/-; N ...... 631 (0.04, 585, 2013) 4 ...... 5.9 unk Common N O1ahu/4-Islands ...... -/-; N ...... 355 (0.09, 329, 2013) 4 ...... 3.3 unk Y N Striped dolphin ...... Stenella Hawaii ...... -/-; N ...... 61,021 (0.38, 44,922, 449 unk Y Y coeruleoalba. 2010) 17. N/A ...... 964,362 15 ...... Fraser’s dolphin ...... Lagenodelphis hosei Hawaii ...... -/-; N ...... 51,491 (0.66, 31,034, 310 0 Y N 2010) 17. Pacific white-sided dol- Lagenorhynchus Central North Pacific ...... 988,333 16 ...... N Y phin. obliquidens. Northern right whale Lissodelphis borealis N/A ...... 307,784 16 ...... N Y dolphin. Risso’s dolphin ...... Grampus griseus ..... Hawaii ...... -/-; N ...... 11,613 (0.39, 8,210, 82 0 Y Y 2010) 17. N/A ...... 110,457 15 ...... Melon-headed whale .... Peponocephala Hawaii ...... -/-; N ...... 8,666 (1.00, 4,299, 2010) 17 43 0 Y N electra. Kohala Resident ...... -/-; N ...... 447 (0.12, 404, 2009) 4 ...... 4 0 Pygmy killer whale ...... Feresa attenuata ..... Hawaii ...... -/-; N ...... 10,640 (0.53, 6,998, 56 1.1 Y N 2010) 17. False killer whale ...... Pseudorca Hawaii Insular ...... E/D;Y ..... 167 (0.14, 149, 2015) 17 ..... 0.3 0 Y Y crassidens. Northwest Hawaiian -/-; N ...... 617 (1.11, 290, 2010) 17 ..... 2.3 0.4 Islands. Hawaii Pelagic ...... -/-; N ...... 1,540 (0.66, 928, 2010) 17 .. 9.3 7.6 N/A ...... 16,668 18 ...... Killer whale ...... Orcinus orca ...... Hawaii ...... -/-; N ...... 146 (0.96, 74, 2010) ...... 0.7 0 Y Y N/A ...... 8,500 19 ...... Short-finned pilot whale Globicephala Hawaii ...... -/-; N ...... 19,503 (0.49, 13,197, 2010) 106 0.9 Y Y macrorhynchus. N/A ...... 53,608 16 ...... Family Phoenidae (por- poises): Dall’s porpoise ...... Phocoenoides dalli .. N/A ...... 1,186,000 20 ...... N Y

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus Western DPS ...... E/D; Y ... 50,983 (-,50,983, 2015) ...... N Y Northern fur seal ...... Callorhinus ursinus Eastern Pacific ...... -/D; Y ..... 626,734 (0.2, 530,474, 11,405 437 N Y 2014). N/A ...... 1,100,000 5 ......

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TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROPOSED SURVEY AREAS—Continued

ESA/ Present at time of survey (Y/N) MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, Nmin, most recent PBR 3 2 M/SI strategic abundance survey) HI Emperor (Y/N) 1 Seamounts

Family Phocidae (earless seals): Hawaiian monk seal ..... Neomonachus Hawaii ...... E/D; Y ... 1,324 (0.03, 1,261, 2015) 17 4.4 ≥1.6 Y N schauinslandi. Northern elephant seal Mirounga ...... 210,000–239,000 21 ...... N Y angustirostris. Ribbon seal ...... Histriophoca fasciata Alaska ...... -/-; N ...... 184,000 (0.12, 163,000, 9,785 3.8 N Y 2013). 1—Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 —NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3—These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4—Carretta et al., 2017. 5—Jefferson et al., 2015. 6—Muto et al., 2017. 7—IWC 2018. 8—Central and Eastern North Pacific (Hakamada and Matsuoka 2015a). 9—Ohsumi and Wada, 1974. 10—Whitehead 2002. 11—Barlow and Taylor 2005. 12—Wade and Gerrodette 1993. 13—Western Pacific Ocean (Okamura et al., 2012). 14—ETP (Gerrodette and Forcada 2002 in Hammond et al., 2008b). 15—Gerrodette et al., 2008. 16—North Pacific (Miyashita 1993b). 17—Carretta et al., 2018. 18—Western North Pacific (Miyashita 1993a). 19—Ford 2009. 20—Buckland et al., 1993. 21—Lowry et al., 2014. Note—Italicized species are not expected to be taken or proposed for authorization.

All species that could potentially exposed to the stressors associated with in the proposed survey area in the occur in the proposed survey area are the proposed seismic activities and will Emperor Seamounts survey area. included in Table 1. With the exception not be discussed further. The western population is known to of Steller sea lions, these species or We have reviewed L–DEO’s species feed in the Okhotsk Sea along the stocks temporally and spatially co-occur descriptions, including life history northeast coast of Sakhalin Island with the activity to the degree that take information, distribution, regional (Weller et al. 1999, 2002a, 2008), eastern is reasonably likely to occur. However, distribution, diving behavior, and Kamchatka, and the northern Okhotsk the temporal and/or spatial occurrence acoustics and hearing, for accuracy and Sea in the summer and autumn of Steller sea lions is such that take is completeness. Below, for the 39 species (Vladimirov et al. 2008). Winter not expected to occur, and they are not that are likely to be taken by the breeding grounds are not known; discussed further beyond the activities described, we offer a brief however, it has been postulated that explanation provided here. The Steller introduction to the species and relevant wintering areas occur along the south sea lion occurs along the North Pacific stock as well as available information coast of the Korean Peninsula, but it is Rim from northern Japan to California regarding population trends and threats, more likely that they are located in the (Loughlin et al. 1984). They are and describe any information regarding South China Sea, along the coast of distributed around the coasts to the local occurrence. Guangdong province and Hainan (Wang outer shelf from northern Japan through Gray Whale 1984 and Zhu 1998 in Weller et al. the Kuril Islands and Okhotsk Sea, 2002a; Rice 1998). Winter records exist through the Aleutian Islands, central Two separate populations of gray for Japan, North Korea, and South Korea Bering Sea, southern Alaska, and south whales have been recognized in the (Weller et al. 2002a,b). Migration into to California (NMFS 2016c). There is North Pacific (LeDuc et al. 2002): The the Okhotsk Sea may occur through the little information available on at-sea eastern North Pacific and western North Sea of Japan via the Tatar Strait and/or occurrence of Steller sea lions in the Pacific (or Korean-Okhotsk) stocks. La Perouse Strait (see Reeves et al. northwestern Pacific Ocean. The However, the distinction between these 2008). If migration timing is similar to Emperor Seamounts survey area is two populations has been recently that of the better-known eastern gray roughly 1,200 kilometers away from the debated owing to evidence that whales whale, southbound migration probably Aleutian Islands in waters 2,000 to more from the western feeding area also travel occurs mainly in December–January and than 5,000 meters deep. Steller sea lions to breeding areas in the eastern North northbound migration mainly in are unlikely to occur in the proposed Pacific (Weller et al. 2012, 2013; Mate February–April, with northbound offshore survey area based on their et al. 2015). Thus, it is possible that migration of newborn calves and their known distributional range and habitat whales from both the endangered mothers probably concentrated at the preference. Therefore, it is extremely Western North Pacific and the delisted end of that period. The eastern North unlikely that Steller sea lions would be Eastern North Pacific DPS could occur Pacific gray whale breeds and winters in

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Baja, California, and migrates north to 1900s were reported from Japanese North Pacific humpback whales summer feeding grounds in the northern waters, followed by the Kuril Islands, migrate between summer feeding Bering Sea, Chukchi Sea, and western and the Okhotsk Sea (Brownell et al. grounds along the Pacific Rim and the Beaufort Sea (Rice and Wolman 1971; 2001). Significant numbers of right Bering and Okhotsk seas, and winter Jefferson et al. 2015). whales have been seen in the Okhotsk calving and breeding areas in In the western North Pacific, gray Sea during the 1990s, suggesting that subtropical and tropical waters (Pike whales migrate along the coast of Japan the adjacent Kuril Islands and and MacAskie 1969; Rice 1978; Winn (Weller et al. 2008), and records have Kamchatka coast are a major feeding and Reichley 1985; Calambokidis et al. been reported there from November ground (Brownell et al. 2001). Right 2000, 2001, 2008). In the North Pacific, through August, with the majority for whales were also seen near Chichi-jima humpbacks winter in four different March through May (Weller et al. 2012). Island (Bonin Islands), Japan, in the breeding areas: (1) Along the coast of Although the offshore limit of this route 1990s (Mori et al. 1998). During 1994– Mexico; (2) along the coast of Central is not well documented, gray whales are 2014, right whale sightings were America; (3) around the Main Hawaiian known to prefer nearshore coastal reported off northern Japan, the Kuril Islands; and (4) in the western Pacific, waters. However, some exchange Islands, and Kamchatka during April particularly around the Ogasawara and between populations in the eastern and through August, with highest densities Ryukyu islands in southern Japan and western North Pacific has been reported in May and August (Matsuoka et al. the northern Philippines (Calambokidis (Weller et al. 2012, 2013; Mate et al. 2015). All sightings were north of 38° N, et al. 2008; Fleming and Jackson 2011; 2015); thus, migration routes could and in July–August, the main Bettridge et al. 2015). include pelagic waters of the Pacific distribution was north of 42° N Humpback whales were listed as Ocean, including the proposed Emperor (Matsuoka et al. 2015). Right whale endangered under the Endangered Seamounts survey area. Nonetheless, sightings were made within the Emperor Species Conservation Act (ESCA) in given their small population size and Seamounts survey area during August, June 1970. In 1973, the ESA replaced preference for nearshore waters, only and adjacent to the survey area during the ESCA, and humpbacks continued to very small numbers are likely to be May and July (Matsuoka et al. 2015). be listed as endangered. NMFS recently encountered during the proposed Ovsyanikova et al. (2015) also reported evaluated the status of the species, and Emperor Seamounts survey during any right whale sightings in the western on September 8, 2016, NMFS divided time of the year. Additionally, during Pacific Ocean during 1977–2014; the species into 14 distinct population summer, most gray whales would be although they also reported sightings off segments (DPS), removed the current feeding near Sakhalin Island. The gray eastern Japan, the Kuril Islands, and species-level listing, and in its place whale does not occur in Hawaiian southeast Kamchatka, including listed four DPSs as endangered and one waters. sightings to the west of the proposed DPS as threatened (81 FR 62259, September 8, 2016). The remaining nine North Pacific Right Whale Emperor Seamounts survey area, no sightings were reported within the DPSs were not listed. There are two North Pacific right whales summer in proposed survey area. Sekiguchi et al. DPSs that occur in the action area: The the northern North Pacific, primarily in (2014) reported several sightings just to Hawaii DPS, which is not listed under the Okhotsk Sea (Brownell et al. 2001) the north and west of the proposed the ESA (81 FR 62259) and the Western and in the Bering Sea (Shelden et al. survey area during June 2012. North Pacific DPS which is listed as 2005; Wade et al. 2006). The eastern Although there are a few historical endangered. North Pacific stock that occurs in U.S. records of North Pacific right whales in The proposed seismic activity for the waters numbers only ∼31 individuals Hawaiian waters (Brownell et al. 2001), Emperor Seamount survey would take (Wade et al. 2011), and critical habitat they are very unlikely to occur in the place in late spring or early summer has been designated in the eastern Hawaiian survey area, especially during 2019. Humpbacks were reported within Bering Sea and in the Gulf of Alaska, the summer. However, right whales the proposed action area in May, July, south of Kodiak Island (NMFS 2017b). could be encountered in the Emperor and August (Matsuoka et al. 2015). Wintering and breeding areas are Seamounts survey area during spring Based on the timing of the action, it is unknown, but have been suggested to and summer, and likely fall. Individuals likely that humpback whales from the include the Hawaiian Islands, Ryukyu that could occur there would likely be Western North Pacific DPS would be Islands, and Sea of Japan (Allen 1942; from a western North Pacific stock migrating north through the action area Gilmore 1978; Reeves et al. 1978; rather than the eastern North Pacific to the feeding grounds, and thus be Herman et al. 1980; Omura 1986). The stock. exposed to the action. Hawaii DPS and Hawaiian Islands were not a major Mexico DPS humpbacks would also be calving ground for right whales in the Humpback Whale migrating north at that time of year, but last 200 years, but mid-ocean whaling The humpback whale is found due to the location of the breeding areas records of right whales during winter throughout all oceans of the World of these DPSs, we do not expect their suggest that right whales may have (Clapham 2009), with recent genetic migratory path to take them through the wintered and calved far offshore in the evidence suggesting three separate action area. Pacific Ocean (Scarff 1986, 1991; subspecies: North Pacific, North There is potential for the mixing of Clapham et al. 2004). In April 1996, a Atlantic, and Southern Hemisphere the western and eastern North Pacific right whale was sighted off Maui, the (Jackson et al. 2014). Nonetheless, humpback populations, as several first documented sighting of a right genetic analyses suggest some gene flow individuals have been seen in the whale in Hawaiian waters since 1979 (either past or present) between the wintering areas of Japan and Hawaii in (Salden and Mickelsen 1999). North and South Pacific (e.g., Jackson et separate years (Darling and Cerchio Whaling records indicate that right al. 2014; Bettridge et al. 2015). Although 1993; Salden et al. 1999; Calambokidis whales once ranged across the entire considered to be mainly a coastal et al. 2001, 2008). Whales from these North Pacific Ocean north of 35° N and species, the humpback whale often wintering areas have been shown to occasionally occurred as far south as 20° traverses deep pelagic areas while travel to summer feeding areas in British N (e.g., Scarff 1986, 1991). In the migrating (e.g., Mate et al. 1999; Columbia, Canada, and Kodiak Island, western Pacific, most sightings in the Garrigue et al. 2015). Alaska (Darling et al. 1996;

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Calambokidis et al. 2001), but feeding 2015). Humpback whales were Seamounts survey area, but commercial areas in Russian waters may be most encountered within the proposed catches have been reported there (IWC important (Calambokidis et al. 2008). Emperor Seamount study area in May, 2007a). There appears to be a very low level of July, and August (Matsuoka et al. 2015). Limited numbers of Bryde’s whale interchange between wintering and Thus, humpbacks could be could occur in the Emperor Seamounts feeding areas in Asia and those in the encountered in the Emperor Seamounts survey area, but its distributional range eastern and central Pacific survey area during spring and summer, is generally to the south of this region. (Calambokidis et al. 2008; Baker et al. as individuals are migrating to northern However, it could occur in the Hawaiian 2013). feeding grounds at that time. They could survey area at any time of the year. Humpbacks use Hawaiian waters for also be encountered in the survey area Common Minke Whale breeding from December to April; peak during fall, on their southbound abundance occurs from late-February to migration. Humpback whale The common minke whale has a early-April (Mobley et al. 2001). Most occurrences in the Hawaii survey area cosmopolitan distribution ranging from humpbacks have been sighted there in during the time of the proposed survey the tropics and subtropics to the ice water depths <180 m (Fleming and would be rare. edge in both hemispheres (Jefferson et Jackson 2011), but Frankel et al. (1995) al. 2015). In the Northern Hemisphere, Bryde’s Whale detected singers up to 13 km from shore minke whales are usually seen in at depths up to 550 m. During vessel- Bryde’s whale occurs in all tropical coastal areas, but can also be seen in based line-transect surveys in the and warm temperate waters in the pelagic waters during northward Hawaiian Islands EEZ in July–December Pacific, Atlantic, and Indian oceans, migrations in spring and summer, and 2002, one humpback whale was sighted between 40° N and 40° S (Kato and southward migration in autumn on 21 November at ∼20.3° N, 154.9° W Perrin 2009). It is one of the least known (Stewart and Leatherwood 1985). In the just north of the Island of Hawaii large baleen whales, and its taxonomy is North Pacific, the summer range extends (Barlow et al. 2004). Another sighting still under debate (Kato and Perrin to the Chukchi Sea; in the winter, minke was made during summer–fall 2010 2009). B. brydei is commonly used to whales move further south to within 2° surveys, but the date and location of refer to the larger form or ‘‘true’’ Bryde’s of the Equator (Perrin and Brownell that sighting were not reported whale and B. edeni to the smaller form; 2009). The International Whaling (Bradford et al. 2017). however, some authors apply the name Commission (IWC) recognizes three The Hawaiian Islands Humpback B. edeni to both forms (Kato and Perrin stocks in the North Pacific: The Sea of Whale National Marine Sanctuary 2009). Although there is a pattern of Japan/East China Sea, the rest of the (HIHWNMS) was established in 1992 by movement toward the Equator in the western Pacific west of 180° N, and the the U.S. Congress to protect humpback winter and the poles during the remainder of the Pacific (Donovan whales and their habitat in Hawaii summer, Bryde’s whale does not 1991). (NOAA 2018a). The sanctuary provides undergo long seasonal migrations, In U.S. Pacific waters, three stocks are essential breeding, calving, and nursing remaining in warm (≥16° C) water year- recognized: Alaska, Hawaii, and areas necessary for the long-term round (Kato and Perrin 2009). Bryde’s California/Oregon/Washington stocks recovery of the North Pacific humpback whales are known to occur in both (Carretta et al. 2017). In Hawaii, the whale population. The HIHWNMS shallow coastal and deeper offshore minke whale is thought to occur provides protection to humpbacks in the waters (Jefferson et al. 2015). seasonally from November through shallow waters (from the shoreline to a In the Pacific United States, a Hawaii March (Rankin and Barlow 2005). It is depth of 100 fathoms or 183 m) around and an Eastern Tropical Pacific stock are generally believed to be uncommon in the four islands area of Maui, Penguin recognized (Carretta et al. 2017). In Hawaiian waters; however, several Bank; off the north shore of Kauai, the Hawaii, Bryde’s whales are typically studies using acoustic detections north and south shores of Oahu, and the seen offshore (e.g., Barlow et al. 2004; suggest that minke whales may be more north Kona and Koahal coast of the Barlow 2006), but Hopkins et al. (2009) common than previously thought island of Hawaii (NOAA 2018a). These reported a Bryde’s whale within 70 km (Rankin et al. 2007; Oswald et al. 2011). areas, as well as some of the waters of the Main Hawaiian Islands. During Acoustic detections have been recorded surrounding them, are also considered summer–fall surveys of the Hawaiian around the Hawaiian Islands during breeding BIAs (Baird et al. 2015). The Islands EEZ, 13 sightings were made in fall–spring surveys in 1997 and 2000– proposed seismic lines are located at 2002 (Barlow 2006), and 32 sightings 2006 (Rankin and Barlow 2005; Barlow least 10 km from the HIHWNMS (Fig. 1). were reported during 2010 (Bradford et et al. 2008; Rankin et al. 2008), and from However, humpback whales are not al. 2017). Bryde’s whales were primarily seafloor hydrophones positioned ∼50 expected to be encountered in the sighted in the western half of the km from the coast of Kauai during Hawaiian survey area during the Hawaiian Islands EEZ, with the majority February–April 2006. Similarly, passive summer. of sightings associated with the acoustic detections of minke whales During Japanese surveys in the Northwestern Hawaiian Islands; none have been recorded at the ALOHA western North Pacific from 1994–2014, was made in the proposed survey area station (22.75° N, 158° W) from humpbacks were seen off northern (Barlow et al. 2004; Barlow 2006; October–May for decades (Oswald et al. Japan, the Kuril Islands, and Kamchatka Bradford et al. 2013; Forney et al. 2015; 2011). (Miyashita 2006; Matsuoka et al. 2015). Carretta et al. 2017). A lack of sightings is likely related to Sightings were reported for the months Bryde’s whales have been regularly misidentification or low detection of April through September, with lowest seen during Japanese summer sighting capability in poor sighting conditions densities in April and September surveys in the western North Pacific, (Rankin et al. 2007). Two minke whale (Matsuoka et al. 2015). In May and June, south of 43° S (Hakamada et al. 2009, sightings were made west of 167° W, sightings were concentrated east of 2017), and individual movements have one in November 2002 and one in northern Japan between 37° and 43° N; been tracked with satellite tags in October 2010, during surveys of the concentrations moved north of 45°N offshore waters off Japan (Murase et al. Hawaiian Islands EEZ (Barlow et al. during July and August, off the Kuril 2016). No recent sightings have been 2004; Bradford et al. 2013; Carretta et al. Islands and Kamchatka (Mutsuoka et al. made in the proposed Emperor 2017). Numerous additional sightings in

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the EEZ were made by observers on vocalizations were also detected near from the detection of fin whale calls by Hawaii-based longline fishing vessels, Hawaii during November 2002 (Rankin bottom-mounted, offshore hydrophone including four near the proposed survey and Barlow 2007). Breeding and calving arrays along the U.S. Pacific coast, in area to the north and south of the Main areas for this species in the Pacific are the central North Pacific, and in the Hawaiian Islands (Carretta et al. 2017). unknown, but those sightings suggest western Aleutian Islands (Moore et al. Minke whales have been seen that Hawaii may be an important 1998, 2006; Watkins et al. 2000a,b; regularly during Japanese sighting reproductive area (Hopkins et al. 2009). Stafford et al. 2007, 2009). Fin whale surveys in the western North Pacific Sei whales have been regularly seen calls are recorded in the North Pacific during summer (Miyashita 2006; during Japanese surveys during the year-round, including near the Emperor Hakamada et al. 2009), and one sighting summer in the western North Pacific Seamounts survey area (e.g., Moore et was made in August 2010 in offshore (Miyashita 2006; Hakamada et al. 2009; al. 2006; Stafford et al. 2007, 2009; waters off Japan during the Shatsky Rise Sasaki et al. 2013). Sei whales have been Edwards et al. 2015). In the central cruise (Holst and Beland 2010). Minke sighted in and near the Emperor North Pacific, call rates peak during fall whales were sighted within the Emperor Seamounts survey area, with the and winter (Moore et al. 1998, 2006; Seamounts survey area in the greatest greatest numbers reported for July and Watkins et al. 2000a,b). numbers in August, with the lowest August; few sightings were made during Sightings of fin whales have been numbers occurring during May and June May and June (Hakamada et al. 2009). made in Hawaiian waters during fall (Hakamada et al. 2009). Thus, sei whales could be and winter (Edwards et al. 2015), but fin Thus, minke whales could be encountered in both the Emperor whales are generally considered encountered in the Emperor Seamounts Seamounts and Hawaii survey areas uncommon at that time (DoN 2005). survey area during spring and summer, during spring and summer. During spring and summer, their and likely fall, and could occur in Fin Whale occurrence in Hawaii is considered rare limited numbers in the Hawaiian survey (DoN 2005; see Edwards et al. 2015). area during the summer. The fin whale is widely distributed in all the World’s oceans (Gambell 1985), There were five sightings of fin whales Sei Whale although it is most abundant in during summer–fall surveys in 2002, The sei whale occurs in all ocean temperate and cold waters (Aguilar with sightings during every month basins (Horwood 2009), but appears to 2009). Nonetheless, its overall range and except August (Barlow et al. 2004). Most prefer mid-latitude temperate waters distribution are not well known sightings were made to the northwest of (Jefferson et al. 2015). It undertakes (Jefferson et al. 2015). A recent review the Main Hawaiian Islands; one sighting seasonal migrations to feed in subpolar of fin whale distribution in the North was made during October southeast of latitudes during summer and returns to Pacific noted the lack of sightings across Oahu (Barlow et al. 2004). Two lower latitudes during winter to calve the pelagic waters between eastern and sightings were made in the (Horwood 2009). The sei whale is western winter areas (Mizroch et al. Northwestern Hawaiian Islands during pelagic and generally not found in 2009). The fin whale most commonly summer–fall 2010 (Carretta et al. 2017; coastal waters (Harwood and Wilson occurs offshore, but can also be found Bradford et al. 2017). Two additional 2001). It occurs in deeper waters in coastal areas (Aguilar 2009). Most sightings in the EEZ were made by characteristic of the continental shelf populations migrate seasonally between observers on Hawaii-based longline edge region (Hain et al. 1985) and in temperate waters where mating and fishing vessels, including one near other regions of steep bathymetric relief calving occur in winter, and polar proposed seismic Line 3 north of Maui such as seamounts and canyons waters where feeding occurs in summer (Carretta et al. 2017). Fin whale (Kenney and Winn 1987; Gregr and (Aguilar 2009). However, recent vocalizations have also been detected in Trites 2001). evidence suggests that some animals Hawaiian waters, mainly during winter During summer in the North Pacific, may remain at high latitudes in winter (Oleson et al. 2014, 2016). the sei whale can be found from the or low latitudes in summer (Edwards et In the western Pacific, fin whales are Bering Sea to the Gulf of Alaska and al. 2015). seen off northern Japan, the Kuril down to southern California, as well as The fin whale is known to use the Islands, and Kamchatka during the in the western Pacific from Japan to shelf edge as a migration route (Evans summer (Miyashita 2006; Matsuoka et Korea. In the U.S. Pacific, an Eastern 1987). Sergeant (1977) suggested that fin al. 2015). During Japanese sightings North Pacific and a Hawaii stock are whales tend to follow steep slope surveys in the western North Pacific recognized (Carretta et al. 2017). In contours, either because they detect from 1994–2014, the fin whale was Hawaii, the occurrence of sei whales is them readily, or because the contours sighted more frequently than the blue, considered rare (DoN 2005). However, are areas of high biological productivity. humpback, or right whale (Matsuoka et six sightings were made during surveys However, fin whale movements have al. 2015). During May–June, main in the Hawaiian Islands EEZ in July– been reported to be complex (Jefferson distribution areas occurred from 35–40° December 2002 (Barlow 2006), et al. 2015). Stafford et al. (2009) noted N and moved north of 40° N during July including several along the north coasts that sea-surface temperature is a good and August; high densities were of the Main Hawaiian Islands (Barlow et predictor variable for fin whale call reported north of 45° N (Matsuoka et al. al. 2004). All sightings occurred in detections in the North Pacific. 2015). During these surveys, fin whales November, with one sighting reported North Pacific fin whales summer from were seen in the proposed Emperor near proposed seismic Line 3 north of the Chukchi Sea to California and Seamounts survey area from May Hawaii Island (Barlow et al. 2004). winter from California southwards through September, with most sightings Bradford et al. (2017) reported two (Gambell 1985). In the U.S., three stocks during August (Matsuoka et al. 2015). sightings in the northwestern portion of are recognized in the North Pacific: Summer sightings in the survey area the Hawaiian Islands EEZ during California/Oregon/Washington, Hawaii, during 1958–2000 were also reported by summer–fall surveys in 2010. Hopkins and Alaska (Northeast Pacific) (Carretta Mizroch et al. (2009) and during July– et al. (2009) sighted one group of three et al. 2017). Information about the September 2005 (Miyashita 2006). subadult sei whales northeast of Oahu seasonal distribution of fin whales in Edwards et al. (2015) reported fin whale in November 2007. Sei whale the North Pacific has been obtained sightings within or near the Emperor

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Seamounts survey area from spring prevalent; western calls were mainly are often found far from shore, but can through fall. detected during December–March, be found closer to oceanic islands that Thus, fin whales could be whereas eastern calls peaked during rise steeply from deep ocean waters encountered in the Emperor Seamounts August and September and were rarely (Whitehead 2009). survey area from spring through fall, heard during October–March (Stafford Sperm whale vocalizations have been and could occur in the Hawaiian survey et al. 2001). No sightings were made in recorded throughout the Central and area during summer in limited numbers. the Hawaiian Islands EEZ during Western Pacific Ocean (Merkens et al. 2016). Sperm whales are widely Blue Whale surveys in July–December 2002 (Barlow et al. 2004; Barlow 2006). One sighting distributed in Hawaiian waters The blue whale has a cosmopolitan was made in the Northwestern throughout the year (Mobley et al. 2000) distribution and tends to be pelagic, Hawaiian Islands during August– and are considered a separate stock from only coming nearshore to feed and October 2010 (Bradford et al. 2013). the Oregon/Washington/California stock possibly to breed (Jefferson et al. 2015). Three additional sightings in the EEZ in U.S. waters (Carretta et al. 2017). Blue whale migration is less well were made by observers on Hawaii- Higher densities occur in deep, offshore defined than for some other rorquals, based longline fishing vessels during waters (Forney et al. 2015). During and their movements tend to be more 1994–2009, including one in offshore summer–fall surveys of the Hawaiian closely linked to areas of high primary waters north of Maui (Carretta et al. Islands EEZ, 43 sightings were made in productivity, and hence prey, to meet 2017). 2002 (Barlow 2006) and 41 were made their high energetic demands (Branch et In the western North Pacific, blue in 2010 (Bradford et al. 2013). Sightings al. 2007). Generally, blue whales are whale calls have been detected were widely distributed across the EEZ seasonal migrants between high throughout the year, but are more during both surveys; numerous latitudes in the summer, where they prevalent from July–December (Stafford sightings occurred in and near the feed, and low latitudes in the winter, et al. 2001). Numerous blue whale proposed survey area (Barlow et al. where they mate and give birth (Lockyer sightings have also been made in the 2004; Barlow 2006; Bradford et al. and Brown 1981). Some individuals western North Pacific during Japanese 2017). All sightings during surveys of may stay in low or high latitudes surveys during 1994–2014 (Miyashita the Main Hawaiian Islands in 2000– throughout the year (Reilly and Thayer 2006; Matsuoka et al. 2015). A 2012 were made in water >1000 m in 1990; Watkins et al. 2000b). northward migration pattern was depth, with most sightings in areas In the North Pacific, blue whale calls evident, with the main distribution >3000 m deep (Baird et al. 2013). are detected year-round (Stafford et al. occurring from 35–40° N during May Sightings were made during surveys of 2001, 2009; Moore et al. 2002, 2006; and June, and north of 40° N during July the Island of Hawaii during all seasons, Monnahan et al. 2014). Stafford et al. and August (Matsuoka et al. 2015). High including near proposed seismic Line 1; (2009) reported that sea-surface densities were reported north of 45° N no sightings were made off Oahu (Baird temperature is a good predictor variable (Matsuoka et al. 2015). Blue whales et al. 2013). Sperm whales were also for blue whale call detections in the were seen in the proposed Emperor detected acoustically off the west coast North Pacific. Although it has been Seamounts survey area during August of the Hawaii Island year-round (Klinck suggested that there are at least five and September and adjacent to the area et al. 2012; Giorli et al. 2016). subpopulations in the North Pacific during May and July (Matsuoka et al. Sperm whales have been regularly (Reeves et al. 1998), analysis of calls 2015). seen in the western North Pacific during monitored from the U.S. Navy Sound Thus, blue whales could be Japanese surveys during summer Surveillance System (SOSUS) and other encountered in the Emperor Seamounts (Miyashita 2006; Hakamada et al. 2009), offshore hydrophones (e.g., Stafford et and Hawaii survey areas at any time of and sightings were also made in al. 1999, 2001, 2007; Watkins et al. the year, but are more likely to occur in offshore waters east of Japan and on the 2000a; Stafford 2003) suggests that there the Emperor Seamounts area during Shatsky Rise during a summer survey in are two separate populations: One in the summer, and in the Hawaii survey area 2010 (Holst and Beland 2010). During eastern and one in the central North during winter. winter, few sperm whales are observed Pacific (Carretta et al. 2017). The Sperm Whale off the east coast of Japan (Kato and Eastern North Pacific Stock includes Miyashita 1998). Sperm whales have whales that feed primarily off California The sperm whale is the largest of the been sighted in and near the Emperor from June–November and winter off toothed whales, with an extensive Seamounts survey area from May Central America (Calambokidis et al. worldwide distribution from the edge of through August, with the greatest 1990; Mate et al. 1999). The Central the polar pack ice to the Equator numbers occurring there during June– North Pacific Stock feeds off (Whitehead 2009). Sperm whale August (Miyashita 2006; Hakamada et Kamchatka, south of the Aleutians and distribution is linked to its social al. 2009). in the Gulf of Alaska during summer structure: Mixed groups of adult females Thus, sperm whales could be (Stafford 2003; Watkins et al. 2000b), and juveniles of both sexes generally encountered in the Emperor Seamounts and migrates to the western and central occur in tropical and subtropical waters and Hawaii survey areas at any time of Pacific (including Hawaii) to breed in at latitudes less than ∼40° (Whitehead the year. winter (Stafford et al. 2001; Carretta et 2009). After leaving their female al. 2017). The status of these two relatives, males gradually move to Pygmy and Dwarf Sperm Whales populations could differ substantially, higher latitudes with the largest males The pygmy and dwarf sperm whales as little is known about the population occurring at the highest latitudes and are distributed widely throughout size in the western North Pacific only returning to tropical and tropical and temperate seas, but their (Branch et al. 2016). subtropical regions to breed. Sperm precise distributions are unknown Blue whales are considered rare in whales generally are distributed over because much of what we know of the Hawaii (DoN 2005). However, call types large areas that have high secondary species comes from strandings from both stocks have been recorded productivity and steep underwater (McAlpine 2009). It has been suggested near Hawaii during August–April, topography, in waters at least 1000 m that the pygmy sperm whale is more although eastern calls were more deep (Jaquet and Whitehead 1996). They temperate and the dwarf sperm whale

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more tropical, based at least partially on EEZ in 2010, one dwarf sperm whale al. 2014, 2016), including off the west live sightings at sea from a large and one unidentified Kogia sp. were coast of the Island of Hawaii (Klinck et database from the Eastern Tropical sighted (Bradford et al. 2017); no al. 2012). Probable acoustic detections Pacific or ETP (Wade and Gerrodette sightings were made in or near the were also made at Cross Seamount, 1993). Kogia spp. are difficult to sight at proposed survey area (Carretta et al. south of the Main Hawaiian Islands, at sea, because of their dive behavior and 2017). 18.72° N, 158.25° W (Johnston 2008). perhaps because of their avoidance Although Kogia spp. have been seen Cuvier’s beaked whale has been seen reactions to ships and behavior changes during Japanese sighting surveys in the during Japanese sighting surveys in in relation to survey aircraft (Wu¨ rsig et western North Pacific in August– August–September in the western North al. 1998). Although there are few useful September (Kato et al. 2005), to the best Pacific (Kato et al. 2005). It has also estimates of abundance for pygmy or of our knowledge, there are no direct been detected acoustically in the dwarf sperm whales anywhere in their data available for the Emperor Aleutian Islands (Baumann-Pickering et range, they are thought to be fairly Seamounts survey area with respect to al. 2014). There is very little common in some areas. Kogia spp. It is possible that Kogia spp information on this species for the Both Kogia species are sighted could occur at both survey locations is Emperor Seamounts survey area, but primarily along the continental shelf limited numbers. what is known of its distribution and edge and slope and over deeper waters habitat preferences suggests that it could Cuvier’s Beaked Whale off the shelf (Hansen et al. 1994; Davis occur there. Therefore, Cuvier’s beaked et al. 1998; Jefferson et al. 2015). Cuvier’s beaked whale is the most whales could occur at both survey However, several studies have suggested widespread of the beaked whales, locations. that pygmy sperm whales live mostly occurring in almost all temperate, Longman’s Beaked Whale beyond the continental shelf edge, subtropical, and tropical waters and whereas dwarf sperm whales tend to even some sub-polar and polar waters Longman’s beaked whale, also known occur closer to shore, often over the (MacLeod et al. 2006). It is likely the Indo-Pacific beaked whale, used to be continental shelf (Rice 1998; Wang et al. most abundant of all beaked whales one of the least known cetacean species, 2002; MacLeod et al. 2004). On the other (Heyning and Mead 2009). Cuvier’s but it is now one of the more frequently hand, McAlpine (2009) and Barros et al. beaked whale is found in deep water sighted beaked whales (Pitman 2009a). (1998) suggested that dwarf sperm over and near the continental slope Longman’s beaked whale occurs in whales could be more pelagic and dive (Jefferson et al. 2015). tropical waters throughout the Indo- deeper than pygmy sperm whales. Cuvier’s beaked whale has been Pacific, with records from 30° S to 40° Vocalizations of Kogia spp. have been sighted during surveys in Hawaii N (Pitman 2009a). Longman’s beaked recorded in the North Pacific Ocean (Barlow 2006; Baird et al. 2013; whale is most often sighted in waters (Merkens et al. 2016). An insular Bradford et al. 2017). Resighting and with temperatures ≥26°C and depth resident population of dwarf sperm telemetry data suggest that a resident >2,000 m, and sightings have also been whales occurs within ∼20 km from the insular population of Cuvier’s beaked reported along the continental slope Main Hawaiian Islands throughout the whale may exist in Hawaii, distinct (Anderson et al. 2006; Pitman 2009a). year (Baird et al. 2013; Oleson et al. from offshore, pelagic whales (e.g. During small-boat surveys around the 2013). During small-boat surveys in McSweeney et al. 2007; Baird et al. Hawaiian Islands in 2000–2012, a single 2000–2012, dwarf sperm whales were 2013; Oleson et al. 2013). During small- sighting of Longman’s beaked whale sighted in all water depth categories up boat surveys around the Hawaiian was made off the west coast of the to 5000 m deep, but the highest sighting Islands in 2000–2012, sightings were Island of Hawaii during summer (Baird rates were in water 500–1,000 m deep made in water depths of 500–4,000 m et al. 2013). During summer–fall surveys (Baird et al. 2013). Of a total of 74 off the west coast of the Island of Hawaii of the Hawaiian Islands EEZ, one sightings during those surveys, most during all seasons (Baird et al. 2013). sighting was made in 2002 and three sightings were made off the Island of The waters around the Island of Hawaii were made in 2010; one sighting was Hawaii, including near proposed are considered a BIA for Cuvier’s beaked made in offshore waters southwest of seismic Line 1 (Baird et al. 2013). The whale (Baird et al. 2015); proposed Ohau, and another was made at the edge area off the west coast of the Island of seismic Line 1 would traverse this area. of the EEZ southwest of the Island of Hawaii is considered a BIA for dwarf During summer–fall surveys of the Hawaii (Barlow et al. 2004; Barlow sperm whales (Baird et al. 2015). Only Hawaiian Islands EEZ, three sightings of 2006; Bradford et al. 2013). Acoustic one sighting was made off Oahu (Baird Cuvier’s beaked whale were made in the detections have been made at the et al. 2013). western portion of the EEZ in 2002 Palmyra Atoll and the Pearl and Hermes Only five sightings of pygmy sperm (Barlow 2006) and 23 were made in the Reef (Baumann-Pickering et al. 2014). whales were made during the surveys, EEZ in 2010 (Bradford et al. 2013). It Longman’s beaked whale has been including several off the west coast of was one of the most abundant cetacean seen during Japanese sighting surveys in the Island of Hawaii; the majority of species sighted in 2002 (Barlow 2006). August–September in the western North sightings were made in water >3,000 m In 2010, most sightings were made in Pacific (Kato et al. 2005). However, deep (Baird et al. 2013). The dwarf nearshore waters of the Northwestern what is known about its distribution sperm whale was one of the most Hawaiian Islands, but one was made on and habitat preferences suggests that it abundant species during a summer–fall the west coast of the Island of Hawaii, does not occur in the Emperor survey of the Hawaiian EEZ in 2002 and another was made far offshore and Seamounts survey area. (Barlow 2006); during that survey, two to the southwest of Kauai (Carretta et al. sightings of pygmy sperm whales, five 2017). Cuvier’s beaked whales were also Blainville’s Beaked Whale sightings of dwarf sperm whales, and reported near proposed seismic line 1 Blainville’s beaked whale is found in one sighting of an unidentified Kogia sp. during November 2009 (Klinck et al. tropical and warm temperate waters of were made. All sightings were made in 2012). They have also been detected all oceans (Pitman 2009b). It has the the western portion of the EEZ (Barlow acoustically at hydrophones deployed widest distribution throughout the et al. 2004; Barlow 2006). During near the Main Hawaiian Islands during world of all mesoplodont species and summer–fall surveys of the Hawaiian spring and fall (Baumann-Pickering et appears to be common (Pitman 2009b).

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It is commonly sighted in some areas of Given its distributional range (see believed to be continuous across the Hawaii (Jefferson et al. 2015). Jefferson et al. 2015), Stejneger’s beaked North Pacific (Macleod et al. 2006), McSweeney et al. (2007), Schorr et al. whale could occur in the Emperor although this has yet to be substantiated (2009), Baird et al. (2013), and Oleson Seamounts survey area. It does not because very few direct at-sea et al. (2013) have suggested the occur in the Hawaiian survey area. observations exist. Hubb’s beaked whale was seen during existence of separate insular and Ginkgo-Toothed Beaked Whale offshore Blainville’s beaked whales in Japanese sighting surveys in the western Hawaiian waters. During small-boat Ginkgo-toothed beaked whale is only North Pacific during August–September surveys around the Hawaiian Islands in known from stranding and capture (Kato et al. 2005). However, there is very 2000–2012, sightings were made in shelf records (Mead 1989; Jefferson et al. little information on this species for the as well as deep water, with the highest 2015). It is hypothesized to occupy Emperor Seamounts survey area, but sighting rates in water 3500–4000 m tropical and warm temperate waters of what is known of its distribution deep, followed by water 500–1000 m the Indian and Pacific oceans (Pitman suggests it would occur in limited deep (Baird et al. 2013). Sightings were 2009b). Its distributional range in the numbers. The Hubb’s beaked whale is made during all seasons off the island North Pacific extends from Japan to the unlikely to occur in the Hawaiian of Hawaii, as well as off Oahu (Baird et Galapagos Islands, and there are also survey area. records for the South Pacific as far south al. 2013). The area off the west coast of Baird’s Beaked Whale Hawaii Island is considered a BIA for as Australia and New Zealand (Jefferson Baird’s beaked whale has a fairly Blainville’s beaked whale (Baird et al. et al. 2015). Although its distributional extensive range across the North Pacific 2015); proposed seismic Line 1 would range is thought to be south of Hawaii north of 30° N, and strandings have traverse this BIA. During summer–fall (Jefferson et al. 2015), vocalizations occurred as far north as the Pribilof shipboard surveys of the Hawaiian likely from this species have been Islands (Rice 1986). Two forms of Islands EEZ, three sightings were made detected acoustically at hydrophones Baird’s beaked whales have been in 2002 and two were made in 2010, all deployed near the Main Hawaiian recognized—the common slate-gray in the western portion of the EEZ Islands and just to the south at Cross ° ° form and a smaller, rare black form (Barlow et al. 2004; Barlow 2006; Seamount (18.72 N, 158.25 W), as well (Morin et al. 2017). The gray form is Bradford et al. 2013). In addition, there as at the Wake Atoll and Mariana seen off Japan, in the Aleutians, and on were four sightings of unidentified Islands (Baumann-Pickering et al. 2014, the west coast of North America, Mesoplodon there in 2002 (Barlow et al. 2016). However, no sightings have been whereas the black from has been 2004; Barlow 2006) and 10 in 2010 made in Hawaiian waters (Barlow 2006; reported for northern Japan and the (Bradford et al. 2013). Baird et al. 2013; Bradford et al. 2017). The ginkgo-toothed beaked whale Aleutians (Morin et al. 2017). Recent Blainville’s beaked whales have also could occur in the southern parts of the genetic studies suggest that the black been detected acoustically at Hawaiian survey area, but it is not form could be a separate species (Morin hydrophones deployed near the Main expected to occur in the Emperor et al. 2017). Hawaiian Islands throughout the year Seamounts survey area. Baird’s beaked whale is currently (Baumann-Pickering et al. 2014, 2016; divided into three distinct stocks: Sea of Henderson et al. 2016; Manzano-Roth et Deraniyagala’s Beaked Whale Japan, Okhotsk Sea, and Bering Sea/ al. 2016), including off the west coast of Deraniyagala’s beaked whale is a eastern North Pacific (Balcomb 1989; the Island of Hawaii, near proposed newly recognized species of whale that Reyes 1991). The whales occur year- seismic Line 1, during October– recently has been described for the round in the Okhotsk Sea and Sea of November 2009 (Klinck et al. 2012). tropical Indo-Pacific, where it is thought Japan (Kasuya 2009). Baird’s beaked Probable acoustic detections were also to occur between ∼15° N and ∼10° S whales sometimes are seen close to made at Cross Seamount, south of the (Dalebout et al. 2014). Strandings have ° shore, but their primary habitat is over Main Hawaiian Islands, at 18.72 N, been reported for the Maldives, Sri ° or near the continental slope and 158.25 W (Johnston 2008). Blainville’s Lanka, the Seychelles, Kiribati, and oceanic seamounts in waters 1,000– beaked whale is expected to be absent Palmyra Atoll (Dalebout et al. 2014), 3,000 m deep (Jefferson et al. 1993; from the Emperor Seamounts survey and acoustic detections have been made Kasuya and Ohsumi 1984; Kasuya area. at Palmyra Atoll and Kingman Reef in 2009). Stejneger’s Beaked Whale the Line Islands (Baumann-Pickering et Off Japan’s Pacific coast, Baird’s al. 2014). It is closely related to ginkgo- beaked whales start to appear in May, Stejneger’s beaked whale occurs in toothed beaked whale, but DNA and numbers increase over the summer, and subarctic and cool temperate waters of morphological data have shown that the decrease toward October (Kasuya 2009). the North Pacific (Mead 1989). Most two are separate species (Dalebout et al. During this time, they are nearly absent records are from Alaskan waters, and 2014). in offshore waters (Kasuya 2009). Kato the Aleutian Islands appear to be its Although possible, Deraniyagala’s et al. (2005) also reported the presence center of distribution (Mead 1989). In beaked whale is unlikely to occur in the of Baird’s beaked whales in the western the western Pacific Ocean, Stejneger’s Hawaiian survey area, and its range North Pacific in August–September. beaked whale has been seen during does not include the Emperor They have also been detected Japanese sighting surveys during Seamounts survey area. acoustically in the Aleutian Islands August–September (Kato et al. 2005). Hubb’s Beaked Whale (Baumann-Pickering et al. 2014). Seasonal peaks in strandings along the Baird’s beaked whale could be western coast of Japan suggest that this Hubb’s beaked whale occurs in encountered at the Emperor Seamounts species may migrate north in the temperate waters of the North Pacific survey area, but its distribution does not summer from the Sea of Japan (Mead (Mead 1989). Most of the stranding include Hawaiian waters. 1989). They have also been detected records are from California (Willis and acoustically in the Aleutian Islands Baird 1998). Its distribution appears to Rough-Toothed Dolphin during summer, fall, and winter be correlated with the deep subarctic The rough-toothed dolphin is (Baumann-Pickering et al. 2014). current (Mead et al. 1982). Its range is distributed worldwide in tropical to

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warm temperate oceanic waters 2006; Baird et al. 2013; Bradford et al. around the World (Perrin 2009a). It (Miyazaki and Perrin 1994; Jefferson 2017). Higher densities are expected to ranges as far south as 40° S in the 2009). In the Pacific, it occurs from occur around the Hawaiian Islands than Pacific Ocean, is common in coastal central Japan and northern Australia to in far offshore waters of the Hawaiian waters 200–300 m deep, and is also Baja California, Mexico, and southern EEZ (Forney et al. 2015). Photo- associated with prominent underwater Peru (Jefferson 2009). It generally occurs identification studies have shown that topography, such as seamounts (Evans in deep, oceanic waters, but can be there are distinct resident populations at 1994). There are two species of common found in shallower coastal waters in the four island groups in Hawaii (Kauai dolphins: The short-beaked common some regions (Jefferson et al. 2015). & Niihau, Oahu, the 4-island region, and dolphin (D. delphis) and the long- The rough-toothed dolphin is the Island of Hawaii); the 1,000-m beaked common dolphin (D. capensis). expected to be one of the most abundant isobath serves as the boundary between The short-beaked common dolphin is cetaceans in the Hawaiian survey area, these resident insular stocks and the mainly found in offshore waters, and based on previous surveys in the area Hawaii pelagic stock (Martien et al. the long-beaked common dolphin is (Barlow et al. 2004; Barlow 2006; Baird 2012). Note that the Kauai/Niihau stock more prominent in coastal areas. et al. 2013; Bradford et al. 2017). Higher range does not occur near the proposed During Japanese sighting surveys in densities are expected to occur in tracklines and will not be discussed the western North Pacific in August– deeper waters around the Hawaiian further. Additionally, 98.5 percent of September, both long- and short-beaked Islands than in far offshore waters of the the Hawaii survey will take in deep (≤ common dolphins have been seen (Kato Hawaiian EEZ (Forney et al. 2015). 1,000 m) water. The areas where the et al. 2005). Kanaji et al. (2017) reported During small-boat surveys around the insular stocks are found are also one record to the southwest of the Hawaiian Islands in 2000–2012, it was considered BIAs (Baird et al. 2015). proposed survey area during summer. sighted in water as deep as 5,000 m, Proposed seismic Lines 1 and 2 would There are also bycatch records of short- with the highest sighting rates in water traverse the BIAS to the west of Oahu beaked common dolphins near the >3500 m deep, throughout the year and west of the Island of Hawaii. Emperor Seamounts survey area during (Baird et al. 2013). Sightings were made During small-boat surveys around the summer and winter (Hobbs and Jones off the Island of Hawaii as well as Oahu Hawaiian Islands in 2000–2012, the 1993). Based on information regarding (Baird et al. 2013). The area west of the bottlenose dolphin was sighted in water the distribution and habitat preferences, Island of Hawaii is considered BIA as deep as 4,500 m, but the highest only the short-beaked common dolphin (Baird et al. 2015); proposed seismic sighting rates occurred in water <500 m could occur in the region. Line 1 would traverse this area. During deep (Baird et al. 2013). Sightings were Both the the short-beaked and long- summer–fall surveys of the Hawaiian made during all seasons off the Island beaked common dolphin are not Islands EEZ, rough-toothed dolphins of Hawaii, including near proposed expected to occur in the Hawaiian were observed throughout the EEZ, seismic Line 1, and off Oahu (Baird et survey area as no sightings have been including near the proposed survey area al. 2013). Common bottlenose dolphins made of either species during surveys of to the north and south of the Main were also observed during summer–fall the Hawaii Islands (Barlow 2006; Baird Hawaiian Islands; in total, there were 18 surveys of the Hawaiian EEZ, mostly in et al. 2013; Bradford et al. 2017). sightings in 2002 and 24 sightings in nearshore waters but also in offshore Pantropical Spotted Dolphin 2010 (Barlow 2006; Barlow et al. 2004; waters, including in and near the Bradford et al. 2017). Acoustic proposed survey area among the Main The pantropical spotted dolphin is detections have also been made in Hawaiian Islands, and to the north and one of the most abundant cetaceans and Hawaiian waters (Rankin et al. 2015). south of the islands (see map in Carretta is distributed worldwide in tropical and In the western North Pacific Ocean, et al. 2017). Fifteen sightings were made some subtropical waters (Perrin 2009b), ∼ ° ° rough-toothed dolphins have been seen in 2002 (Barlow 2006), and 19 sightings between 40 N and 40 S (Jefferson et during Japanese sighting surveys during were made in 2010 (Bradford et al. al. 2015). It is found primarily in deeper August–September (Kato et al. 2005). 2017). waters, but can also be found in coastal, However, there is very little information In the western North Pacific Ocean, shelf, and slope waters (Perrin 2009b). on this species for the Emperor common bottlenose dolphins have been There are two forms of pantropical Seamounts survey area, but what is sighted off the east coast of Japan during spotted dolphin: Coastal and offshore. known of its distribution suggests that it summer surveys in 1983–1991 The offshore form inhabits tropical, is unlikely to occur there. (Miyashita 1993a). Although only part equatorial, and southern subtropical of the proposed Emperor Seamounts water masses; the pelagic individuals Common Bottlenose Dolphin survey area was surveyed during the around the Hawaiian Islands belong to The bottlenose dolphin occurs in month of August, no sightings were a stock distinct from those in the ETP tropical, subtropical, and temperate made within or near the survey area (Dizon et al. 1991; Perrin 2009b). waters throughout the World (Wells and (Miyashita 1993a). Offshore sightings to Spotted dolphins are commonly seen Scott 2009). Generally, there are two the south of the proposed survey area together with spinner dolphins in distinct bottlenose dolphin ecotypes, were made during September (Miyashita mixed-species groups, e.g., in the ETP one mainly found in coastal waters and 1993a), and there is also a record just to (Au and Perryman 1985), off Hawaii one mainly found in oceanic waters the southwest of the survey area during (Psarakos et al. 2003), and in the (Duffield et al. 1983; Hoelzel et al. 1998; summer (Kanaji et al. 2017). The Marquesas Archipelago (Gannier 2002). Walker et al. 1999). As well as distributional range of the common The pantropical spotted dolphin is inhabiting different areas, these bottlenose dolphin does not appear to expected to be one of the most abundant ecotypes differ in their diving abilities extend north to the Emperor Seamounts cetaceans in the proposed Hawaiian (Klatsky 2004) and prey types (Mead survey area; thus, it is not expected to survey area based on previous surveys and Potter 1995). be encountered during the survey. in the region (Baird et al. 2013; Barlow The bottlenose dolphin is expected to 2006; Bradford et al. 2017). Higher be one of the most abundant cetaceans Short-Beaked Common Dolphin densities are expected to occur around in the Hawaiian survey area, based on The common dolphin is found in the Main Hawaiian Islands than previous surveys in the region (Barlow tropical and warm temperate oceans elsewhere in the Hawaiian EEZ (Forney

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et al. 2015). Sightings rates peak in and 40° S (Jefferson et al. 2015). It is and areas of upwelling (Archer 2009). It depths from 1,500 to 3,500 m (Baird et generally considered a pelagic species occurs primarily in pelagic waters, but al. 2013). The Main Hawaiian Islands (Perrin 2009b), but can also be found in has been observed approaching shore insular spotted dolphin stock consists of coastal waters and around oceanic where there is deep water close to the two separate stocks at Oahu and 4- islands (Rice 1998). In Hawaii, spinner coast (Jefferson et al. 2015). Islands (which extend 20 km seaward), dolphins belong to the offshore stock The striped dolphin is expected to be and one stock off the Island of Hawaii, (S.l. longirostris; Gray’s spinner) that is one of the most abundant cetaceans in up to 65 km from shore (Carretta et al. separate from animals in the ETP (Dizon the proposed Hawaiian survey area, 2017). Spotted dolphins outside of these et al. 1991). based on previous surveys in the region insular stocks are part of the Hawaii The spinner dolphin is expected to be (Barlow 2006; Baird et al. 2013; pelagic stock (Carretta et al. 2017). one of the most abundant cetaceans in Bradford et al. 2017). Higher densities During small-boat surveys around the the Hawaiian survey area, based on are expected to occur around in offshore Hawaiian Islands in 2000–2012, the previous surveys in the region (Barlow waters of the Hawaiian EEZ (Forney et pantropical spotted dolphin was sighted 2006; Baird et al. 2013; Bradford et al. al. 2015). During small-boat surveys in all water depth categories, with the 2017). Higher densities are expected to around the Hawaiian Islands in 2000– lowest sighting rate in water <500 m occur around in offshore waters south of 2012, sightings were made in water (Baird et al. 2013). It was observed the Hawaiian Islands (Forney et al. depths of 1,000–5,000 m, with the during all seasons, including off of 2015). There are six separate stocks highest sighting rates in water deeper Hawaii Island and Oahu (Baird et al. managed within the Hawaiian EEZ—the than 3000 m (Baird et al. 2013). 2013). It was also seen during summer– Hawaii Island, Oahu/4-islands, Kauai/ Sightings were made during all seasons, fall surveys of the Hawaiian Islands EEZ Niihau, Pearl & Hermes Reef, Midway including near proposed seismic Line 1 including in the proposed survey area, Atoll/Kure, and Hawaiian pelagic stocks off the Island of Hawaii (Baird et al. with sightings to the north, south, and (Carretta et al. 2017); individuals from 2013). It was also sighted within the around the Main Hawaiian Islands (see three of these stocks (Hawaii pelagic, proposed survey area during summer– map in Carretta et al. 2017); 14 sightings Hawaii Island, Oahu/4-Islands) are fall shipboard surveys of the Hawaii were made in 2002 (Barlow 2006), and expected to overlap with the proposed Islands EEZ, including north and south 12 sightings were made in 2010 survey area. The boundaries of these of the Main Hawaiian Islands (see map (Bradford et al. 2017). The areas off stocks are out to 10 n.mi. from shore; in Carretta et al. 2017); 15 sightings southwest Oahu, south of Lanai, and these regions are also considered BIAs were made in 2002 (Barlow 2006) and west of the Island of Hawaii are (Baird et al. 2015). Proposed seismic 25 sightings were made in 2010 considered BIAs (Baird et al. 2015); Line 1 traverses the BIA west of the (Bradford et al. 2013). proposed seismic Line 1 traverses the Island of Hawaii. In the western North Pacific, the BIA west of the Island of Hawaii. One During small-boat surveys around the striped dolphin was one of the most sighting was made in July 2010 in the Hawaiian Islands in 2000–2012, it was common dolphin species seen during northwestern portion of the Hawaiian sighted in water as deep as 3,000 m, Japanese summer sighting surveys EEZ during the Shatsky Rise cruise with the highest sighting rates in water (Miyashita 1993a). During these surveys, (Holst and Beland 2010). <500 m deep (Baird et al. 2013). It was densities were highest in offshore areas In the western Pacific, pantropical seen during all months, including off between 35° N and 40° N, and in coastal spotted dolphins occur from Japan the west coast of the Island of Hawaii waters of southeastern Japan (Miyashita south to Australia; they have been and off Oahu (Baird et al. 2013). Spinner 1993a). Although only part of the hunted in drive fisheries off Japan for dolphins were also sighted in the proposed Emperor Seamounts survey decades (Kasuya 2007). A sighting of proposed survey area during summer– area was surveyed during the month of three individuals was made in offshore fall surveys of the Hawaiian Islands August, no sightings were made within waters east of Japan in August 2010 EEZ, including south of Ohau (see map the survey area; sightings near the during the Shatksy Rise cruise (Holst in Carretta et al. 2017); eight sightings proposed survey area, south of 41° N, and Beland 2010). Pantropical spotted were made in 2002 (Barlow 2006) and were made during August (Miyashita dolphins were also sighted off the east four were made in 2010 (Bradford et al. 1993a). Kanaji et al. (2017) reported on coast of Japan during summer surveys in 2013). another record during summer to the 1983–1991, with the highest densities in Kato et al. (2005) noted that spinner southwest of the survey area. One offshore waters between 30° N and 37° dolphins were seen during Japanese winter bycatch record was reported just N (Miyashita 1993a). Although only part sighting surveys in the western North to the south of the survey area for of the proposed Emperor Seamounts Pacific in August–September. To the October 1990 to May 1991 (Hobbs and survey area was surveyed during the best of our knowledge, there are no data Jones 1993). month of August, no sightings were on the occurrence of spinner dolphins Based on its distributional range and made within or near the survey area; near the Emperor Seamounts survey habitat preferences, the striped dolphin offshore sightings to the south of the area. However, the survey area is could be encountered in both the proposed survey area were made during located to the north of the known range Hawaii and Emperor Seamounts survey August and September (Miyashita of the spinner dolphins. Therefore, they areas. 1993a). The distributional range of the are not anticipated to occur in the Fraser’s Dolphin (Lagenodelphis hosei) pantropical spotted dolphin does not Emperor Seamounts area. appear to extend north to the Emperor Fraser’s dolphin is a tropical oceanic Striped Dolphin Seamounts survey area; thus, it is not species distributed between 30° N and expected to be encountered during the The striped dolphin has a 30° S that generally inhabits deeper, survey. cosmopolitan distribution in tropical to offshore water (Dolar 2009). It occurs warm temperate waters from ∼50° N to rarely in temperate regions and then Spinner Dolphin 40° S (Perrin et al. 1994a; Jefferson et al. only in relation to temporary The spinner dolphin is pantropical in 2015). It is typically found in waters oceanographic anomalies such as El distribution, including oceanic tropical outside the continental shelf and is Nin˜ o events (Perrin et al. 1994b). In the and sub-tropical waters between 40° N often associated with convergence zones eastern tropical pacific, it was sighted at

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least 15 km from shore in waters 1,500– waters of the North Pacific, ranging from area south of the Main Hawaiian Islands 2,500 m deep (Dolar 2009). 34–55° N (Lipsky 2009). It occurs from (see map in Carretta et al. 2017). Fraser’s dolphin is one of the most the Kuril Islands south to Japan and Risso’s dolphins were regularly seen abundant cetaceans in the offshore eastward to the Gulf of Alaska and during Japanese summer sighting waters of the Hawaiian Islands EEZ southern California (Rice 1998). The surveys in the western North Pacific (Barlow 2006; Bradford et al. 2017). northern right whale dolphin is one of (Miyashita 1993a), and one individual Summer–fall shipboard surveys of the the most common marine mammal was seen in the offshore waters east of EEZ resulted in two sightings of Fraser’s species in the North Pacific, occurring Japan on 18 August 2010 during the dolphin in 2002 and four in 2010, all in primarily on the outer continental shelf, Shatksy Rise cruise (Holst and Beland the western portion of the EEZ (Barlow slope waters, and oceanic regions, 2010). Occurrence in the western North 2006; Bradford et al. 2013; Carretta et al. where water depths are >100 m (see Pacific appears to be patchy, but high 2017). During small-boat surveys around Green et al. 1993; Barlow 2003; Carretta densities were observed in coastal the Hawaiian Islands in 2000–2012, et al. 2017). The northern right whale waters, between 148° E–157° E, and east only two sightings were made off the dolphin does, however, come closer to of 162° E (Miyashita 1993a). Although west coast of the Island of Hawaii, one shore where there is deep water, such as only part of the proposed Emperor during winter and one during spring in over submarine canyons (Jefferson et al. Seamounts survey area was surveyed water deeper than 1000 m. 2015). during the month of August, no Fraser’s dolphin was seen during Northern right whale dolphins were sightings were made within the survey Japanese sighting surveys in the western area; however, sightings were made seen throughout the North Pacific ° North Pacific during August–September during surveys conducted during 1983– south of 41 N (Miyashita 1993a). As its (Kato et al. 2005). However, its range 1990, with sightings made in the regular northern range extends to the does not extend as far north as the western Pacific primarily during the southernmost portion of the Emperor Emperor Seamounts survey area. Thus, summer (Buckland et al. 1993; Seamounts survey area, and one record Fraser’s dolphin is not expected to Miyashita 1993b). Northern right whale has been reported outside of its range in occur in the Emperor Seamounts survey dolphins were observed in the southern the Aleutian Islands (Jefferson et al. area, but it could be encountered in portion of the Emperor Seamounts 2014). Therefore, the Risso’s dolphin is deep water of the Hawaii survey area. survey area, south of 45° S (Buckland et expected to occur in the Emperor Seamounts survey area. Pacific White-Sided Dolphin al. 1993; Miyashita 1993b). Bycatch The Pacific white-sided dolphin is records for the Emperor Seamounts Melon-Headed Whale found throughout the temperate North survey area have also been reported The melon-headed whale is an Pacific, in a relatively narrow (Hobbs and Jones 1993; Yatsu et al. oceanic species found worldwide in distribution between 38° N and 47° N 1993). One sighting was made just to the tropical and subtropical waters from (Brownell et al. 1999). It is common east of the survey area, at a more ∼40° N to 35° S (Jefferson et al. 2015). both on the high seas and along the northerly latitude (Miyashita 1993b). It is commonly seen in mixed groups continental margins (Leatherwood et al. Thus, northern right whale dolphins with other cetaceans (Jefferson and 1984; Dahlheim and Towell 1994; could be encountered in the Emperor Barros 1997; Huggins et al. 2005). It Ferrero and Walker 1996). Pacific white- Seamounts survey area, but their occurs most often in deep offshore sided dolphins often associate with distribution does not range as far south waters and occasionally in nearshore other species, including cetaceans as the Hawaiian Islands. areas where deep oceanic waters occur (especially Risso’s and northern right Risso’s Dolphin near the coast (Perryman 2009). In the whale dolphins; Green et al. 1993), North Pacific, it is distributed south of pinnipeds, and seabirds. Risso’s dolphin is primarily a tropical central Japan and southern California, as Pacific white-sided dolphins were and mid-temperate species distributed well as across the Pacific, including seen throughout the North Pacific worldwide (Kruse et al. 1999). It occurs Hawaii. ° ° during surveys conducted during 1983– between 60 N and 60 S, where surface Photo-identification and telemetry ° 1990 (Buckland et al. 1993; Miyashita water temperatures are at least 10 C studies have revealed that there are two 1993b). Sightings were made in the (Kruse et al. 1999). Water temperature distinct populations of melon-headed western Pacific during the summer appears to be an important factor whales in Hawaiian waters—the (Buckland et al. 1993; Miyashita 1993b), affecting its distribution (Kruse et al. Hawaiian Islands stock and the Kohala as well as during spring and fall 1999). Although it occurs from coastal resident stock associated with the west (Buckland et al. 1993). Pacific white- to deep water, it shows a strong coast of the Island of Hawaii (Aschettino sided dolphins were observed in the preference for mid-temperate waters of et al. 2012; Oleson et al. 2013; Carretta southern portion of the Emperor the continental shelf and slope et al. 2017). Individuals in the smaller Seamounts survey area, south of 45° S, (Jefferson et al. 2014). Kohala resident stock have a limited as well as at higher latitudes just to the During small-boat surveys around the range restricted to shallower waters of east (Buckland et al. 1993; Miyashita Hawaiian Islands in 2000–2012, sighting the Kohala shelf and west side of 1993b). Bycatch in the squid driftnet rates were highest in water >3,000 m Hawaii Island. During small-boat fishery has also been reported for the deep (Baird et al. 2013). Sightings were surveys around the Hawaiian Islands in Emperor Seamounts survey area (Hobbs made during all seasons off the west 2000–2012, sightings were made during and Jones 1993; Yatsu et al. 1993). Thus, coast of the Island of Hawaii, including all seasons in all water depths up to Pacific white-sided dolphins could be near proposed seismic Line 1; no 5,000 m, including sightings off the west encountered in the Emperor Seamounts sightings were made off Oahu (Baird et coasts of the Island of Hawaii and Oahu survey area, but they are not known to al. 2013). During summer–fall surveys (Baird et al. 2013). There are numerous occur as far south as Hawaii. of the Hawaiian Islands EEZ, seven records near the proposed seismic sightings were made in 2002 (Barlow transect off the west coast of the Northern Right Whale Dolphin 2006) and 10 were made in 2010 Hawaiian Island (Carretta et al. 2017); The northern right whale dolphin is (Bradford et al. 2017); several sightings this area is considered a BIA (Baird et found in cool temperate and sub-arctic occurred within the proposed survey al. 2015). During summer–fall surveys

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of the Hawaiian Islands EEZ in 2002 S (Odell and McClune 1999). It is comments on whether it is appropriate and 2010, there was a single sighting widely distributed, but generally to include anthropogenic noise as a each year; neither was located near the uncommon throughout its range (Baird feature essential to the conservation proposed survey area (Barlow et al. 2009). It is gregarious and forms strong false killer whales in the final rule. The 2004; Bradford et al. 2017). Satellite social bonds, as is evident from its final rule is expected to be published ∼1 telemetry data revealed distant pelagic propensity to strand en masse (Baird July 2018 (NMFS 2017c). movements, associated with feeding, 2009). The false killer whale generally High-use areas in Hawaii include the nearly to the edge of the Hawaiian inhabits deep, offshore waters, but north half of the Island of Hawaii, the Islands EEZ (Oleson et al. 2013). sometimes is found over the continental northern areas of Maui and Molokai, Melon-headed whales have been seen shelf and occasionally moves into very and southwest of Lanai (Baird et al. during Japanese sighting surveys in the shallow water (Jefferson et al. 2008; 2012). These areas are considered BIAs western North Pacific in August– Baird 2009). In the North Pacific, it (Baird et al. 2015), and proposed September (Kato et al. 2005). However, occurs from Japan and southern seismic Line 1 to the west of the Island their distributional range does not California, southward and across the of Hawaii traverses the BIA. Individuals extend to the Emperor Seamounts Pacific, including Hawaii. are found up to 122 km from shore survey area. Thus, melon-headed whale Telemetry, photo-identification, and (Baird et al. 2012). Satellite-tagged false is expected to occur in the proposed genetic studies have identified three killer whales were also recorded using Hawaiian survey area, but not in the independent populations of false killer the areas off the western Island of Emperor Seamounts survey area. whales in Hawaiian waters: Main Hawaii and west of Oahu during Hawaiian Islands Insular, Northwestern summer 2008 and fall 2009 (Baird et al. Pygmy Killer Whale Hawaiian Islands, and Hawaii pelagic 2012). During small-boat surveys around The pygmy killer whale has a stocks (Chivers et al. 2010; Baird et al. the Hawaiian Islands in 2000–2012, the worldwide distribution in tropical and 2010, 2013; Bradford et al. 2014; highest sighting rates occurred in water subtropical waters (Donahue and Carretta et al. 2017). The range of the >3,500 m deep (Baird et al. 2013). Perryman 2009), generally not ranging Northwestern Hawaiian Islands stock is Sightings were made during all seasons, south of 35° S (Jefferson et al. 2015). In not the vicinity of the Hawaii survey including off the west coast of the Island warmer water, it is usually seen close to tracklines and, therefore, will not be of Hawaii and Oahu (Baird et al. 2013). the coast (Wade and Gerrodette 1993), discussed further. The population During summer–fall surveys of the but it is also found in deep waters. In inhabiting the Main Hawaiian Islands is Hawaiian Islands EEZ, two sightings the North Pacific, it occurs from Japan thought to have declined dramatically were made in 2002 (Barlow et al. 2004; and Baja, California, southward and since 1989; the reasons for this decline Barlow 2006) and 14 were made in 2010 across the Pacific Ocean, including are still uncertain, although interactions (Bradford et al. 2017), including two Hawaii. with longline fisheries have been within the study area, south of the Main A small resident population inhabits suggested (Reeves et al. 2009; Bradford Hawaiian Islands (see map in Carretta et the waters around the Main Hawaiian and Forney 2014). Higher densities al. 2017). False killer whales were also Islands (Oleson et al. 2013), where it likely occur in the western-most areas of detected acoustically off the west coast generally occurs within ∼20 km from the Hawaiian EEZ (Forney et al. 2015). of the Hawaiian Island and off Kauai shore (Baird et al. 2011). During small- During 2008–2012, 26 false killer (Baumann-Pickering et al. 2015). boat surveys around the Hawaiian whales were observed hooked or False killer whales have been seen Islands in 2000–2012, sightings were entangled by longline gear within the during Japanese summer sighting made during all seasons in water up to Hawaiian Islands EEZ or adjacent high- surveys in the western Pacific Ocean 3000 m deep, off the west coasts of seas waters, and 22 of those were (Miyashita 1993a), and a sighting of four Oahu and the Island of Hawaii (Baird et assessed as seriously injured; locations individuals was made in offshore waters al. 2013), including near proposed of false killer whale and unidentified east of Japan in August 2010 during the seismic Lines 1 and 2. The waters off blackfish takes observed included the Shatksy Rise cruise (Holst and Beland the west and southeast coasts of the proposed survey area (Bradford and 2010). The distribution in the western Island of Hawaii are considered a BIA Forney 2014). NMFS published a final Pacific was patchy, with several high- (Baird et al. 2015). Pygmy killer whales rule to implement the False Killer density areas in offshore waters were also recorded during summer–fall Whale Take Reduction Plan on (Miyashita 1993a). Although only part surveys of the Hawaiian Islands EEZ: November 29, 2012, 77 FR 71260). The of the proposed Emperor Seamounts Three sightings in 2002 (Barlow et al. final rule includes gear requirements survey area was surveyed during the 2004; Barlow 2006) and five in 2010 (‘‘weak’’ circle hooks and strong branch month of August, no sightings were (Bradford et al. 2017), including some lines) in the deep-set longline fishery, made within the survey area; however, within the study area to the north and longline closure areas, training and one sighting was made just to the south of the Main Hawaiian Islands certification for vessel owners and southeast of the survey area (Miyashita (Carretta et al. 2017). captains in marine mammal handling 1993a). Jefferson et al. (2015) did not Kato et al. (2005) reported the and release, captains’ supervision of show its distributional range to include occurrence of this species during marine mammal handling and release, the Emperor Seamounts region. Japanese sighting surveys in the western and posting of placards on longline False killer whale is expected to occur North Pacific in August–September. vessels. in the proposed Hawaiian and Emperor However, its distributional range Critical habitat has been proposed for Seamounts survey areas. indicates that the pygmy killer whale is the endangered insular population of Killer Whale unlikely to occur in the Emperor the false killer whale in Hawaii (82 FR Seamounts survey area. 51186; November 3, 2017). In general, The killer whale is cosmopolitan and this includes waters between the 45- globally fairly abundant; it has been False Killer Whale and 3,200-m isobaths in the Main observed in all oceans of the World The false killer whale is found Hawaiian Islands (NNMFS 2017c). Note (Ford 2009). It is very common in worldwide in tropical and temperate that in the critical habitat proposal, temperate waters and also frequents waters, generally between 50° N and 50° NMFS invited the public to submit tropical waters, at least seasonally

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(Heyning and Dahlheim 1988). High During surveys of the Main Hawaiian made during the month of September densities of the species occur in high Islands during 2000–2012, short-finned (Miyashita 1993a). Although Jefferson et latitudes, especially in areas where prey pilot whales were the most frequently al. (2015) did not include the Emperor is abundant. Killer whale movements sighted cetacean (Baird et al. 2013). Seamounts region in its distributional generally appear to follow the Higher densities are expected to occur range, Olson (2009) did. distribution of their prey, which around the Hawaiian Islands rather than Short-finned pilot whales are includes marine mammals, fish, and in far offshore waters of the Hawaiian expected to occur in both the proposed squid. EEZ (Forney et al. 2015). Photo- Hawaiian and Emperor Seamounts Killer whales are rare in the Hawaii identification and telemetry studies survey areas. Islands EEZ. Baird et al. (2006) reported indicate that there may be insular and Dall’s Porpoise 21 sighting records in Hawaiian waters pelagic populations of short-finned pilot between 1994 and 2004. During small- whales in Hawaii (Mahaffy 2012; Oleson Dall’s porpoise is only found in the North Pacific and adjacent seas. It is boat surveys around Hawaii Island in et al. 2013). Genetic research is also widely distributed across the North 2000–2012, a single sighting was made underway to assist in delimiting Pacific over the continental shelf and during spring in water <2000 m deep off population stocks for management slope waters, and over deep (>2500 m) the west coast of Hawaii Island (Baird (Carretta et al. 2017). During small-boat oceanic waters (Hall 1979), ranging from et al. 2013). During summer—fall surveys around the Hawaiian Islands in ∼30–62° N (Jefferson et al. 2015). In surveys of the Hawaiian Islands EEZ, 2000–2012, pilot whales were sighted in general, this species is common two sightings were made in 2002 water as deep as 5,000 m, with the throughout its range (Buckland et al. (Barlow et al. 2004; Barlow 2006) and highest sighting rates in water depths of 1993). It is known to approach vessels one was made in 2010 (Bradford et al. 500–2,500 m (Baird et al. 2013). Sightings were made during all seasons, to bowride (Jefferson 2009b). 2017); none was made within the In the western North Pacific, there are mainly off the west coasts of the Island proposed survey area (Barlow et al. two different color morphs which are of Hawaii and Ohau (Baird et al. 2013). 2004; Bradford et al. 2017; Carretta et al. also considered sub-species: The truei- The waters off the west coast of the 2017). Numerous additional sightings in type (P. d. truei) and the dalli-type (P. Island of Hawaii are considered a BIA and north of the EEZ have been made d. dalli) (Jefferson et al. 2015). They can (Baird et al. 2015); proposed seismic by observers on longliners, some at the be distinguished from each other by the tLine 1 traverses the BIA. During edge of the EEZ north of the Main extent of their white thoracic patches— summer—fall surveys of the Hawaiian Hawaiian Islands (Carretta et al. 2017). the truei-type has a much broader patch, Islands EEZ, 25 sightings were made in Very little is known about killer which extends nearly the length of the 2002 (Barlow 2006) and 36 were made whale abundance and distribution in body. Both types could be encountered in 2010 (Bradford et al. 2017), including the western Pacific Ocean outside of in the proposed Emperor Seamounts within the proposed survey area, north, Kamchatka. However, they are common survey area. along the coast of Russia, Sea of south, and between the Main Hawaiian Dall’s porpoise was one of the most Okhotsk, and Sea of Japan, Sakhalin Islands (see Carretta et al. 2017). Short- common cetaceans in the bycatch of the Island, and Kuril Islands (Forney and finned pilot whales were also detected central and western North Pacific high- Wade 2006). Kato et al. (2005) reported acoustically off the west coast of the seas driftnet fisheries, but that source of sightings of this species during Japanese Island of Hawaii and off Kauai mortality is not thought to have sighting surveys in the western North (Baumann-Pickering et al. 2015). substantially depleted their abundance Pacific in August–September. However, Stock structure of short-finned pilot in the region (Hobbs and Jones 1993). there is very little information on killer whales has not been adequately studied Dall’s porpoises were seen throughout whales for the Emperor Seamounts in the North Pacific, except in Japanese the North Pacific during surveys survey area, but based on information waters, where two stocks have been conducted during 1987–1990 (Buckland regarding the distribution and habitat identified based on pigmentation et al. 1993), including in the western preferences, they are likely to occur patterns and head shape differences of Pacific during the summer (Buckland et there (see Forney and Wade 2006). adult males (Kasuya et al. 1988). The al. 1993; Kato et al. 2005). The observed Killer whales are expected to occur in southern stock of short-finned pilot range included the entire Emperor both the proposed Hawaiian and whales has been observed during Seamounts survey area (Buckland et al. Emperor survey areas. Japanese summer sightings surveys 1993). Records of both types within the (Miyashita 1993a) and is Short-Finned Pilot Whale Emperor Seamounts survey area, in morphologically similar to pilot whales particular for April–July, have also been The short-finned pilot whale is found found in Hawaiian waters (Carretta et al. reported by Kasuya (1982), and bycatch in tropical and warm temperate waters; 2017). Distribution of short-finned pilot records in the proposed survey area it is seen as far south as ∼40° S and as whales in the western North Pacific have also been reported (Hobbs and far north as 50° N (Jefferson et al. 2015). appears to be patchy, but high densities Jones 1993; Yatsu et al. 1993). Thus, It is generally nomadic, but may be were observed in coastal waters of Dall’s porpoise could be encountered in resident in certain locations, including central and southern Japan and in some the Emperor Seamounts survey area, but Hawaii. Pilot whales occur on the shelf areas offshore (Miyashita 1993a). A its distribution does not range as far break, over the slope, and in areas with sighting of three individuals was made south as the Hawaiian Islands. prominent topographic features (Olson in offshore waters east of Japan in 2009). Based on genetic data, Van Cise August 2010 during the Shatksy Rise Hawaiian Monk Seal et al. (2017) suggested that two types of cruise (Holst and Beland 2010). The Hawaiian monk seal only occurs short-finned pilot whales occur in the Although only part of the proposed in the Central North Pacific. It is Pacific—one in the western and central Emperor Seamounts survey area was distributed throughout the Hawaiian Pacific, and one in the Eastern Pacific; surveyed during the month of August, Island chain, with most of the they hypothesized that prey distribution no sightings were made within or near population occurring in the rather than sea surface temperature the survey area; offshore sightings to the Northwestern Hawaiian Islands (within determine their latitudinal ranges. south of the proposed survey area were the PMNM), and a small but increasing

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number residing in the Main Hawaiian (Baker and Johanos 2004; DoN 2005). observed range included the entire Islands (Baker et al. 2011). Six main Tagged seals showed movements among Emperor Seamounts survey area breeding subpopulations are located at the Main Hawaiian Islands, and were (Buckland et al. 1993). They have also the Kure Atoll, Midway Islands, Pearl reported to occur near and crossing been reported as bycatch in squid and and Hermes Reef, Lisianski Island, proposed seismic Lines 1 and 2 off the large-mesh fisheries during summer in Laysan Island, and French Frigate west coast of Oahu and the Island of the Emperor Seamounts survey area Shoals (Baker et al. 2011). Most births Hawaii (Wilson et al. 2017). However, (Hobbs and Jones 1993; Yatsu et al. occur from February to August, with a the core area of occurrence around Oahu 1993). Tracked adult male fur seals that peak in April to June, but births have was reported to be off the south coast, were tagged on St. Paul Island in the been reported any time of the year not the west coast (Wilson et al. 2017). Bering Sea in October 2009, wintered in (Gilmartin and Forcada 2009). Hawaiian Thus, monk seals could be encountered the Bering Sea or northern North Pacific monk seals show high site fidelity to during the proposed survey, especially Ocean, and approached near the natal islands (Gilmartin and Forcada in nearshore portions (<1000 m deep), eastern-most extent of the Emperor 2009; Wilson et al. 2017). They mainly as well as areas near the islands where Seamounts survey area; females occur within 50 km of atolls/islands water depth is greater than >1000 m. migrated to the Gulf of Alaska and the (Parrish et al. 2000; Stewart et al. 2006; Northern Fur Seal California Current (Sterling et al. 2014). Wilson et al. 2017) and within the 500- Tagged pups also approached the m isobath (e.g., Parrish et al. 2002; The northern fur seal is endemic to eastern portion of the Emperor Wilson et al. 2017). Secondary the North Pacific Ocean and occurs from Seamounts survey area during occurrence may occur in water as deep southern California to the Bering Sea, November (Lea et al. 2009). Thus, as 1000 m, but occurrence beyond the Okhotsk Sea, and Honshu Island, Japan northern fur seals could be encountered 1000-m isobath is rare (DoN 2005). (Muto et al. 2017). During the breeding in the Emperor Seamounts survey area; Nonetheless, tagged monk seals have season, most of the worldwide only juveniles would be expected to been tracked in water >1000 m deep population of northern fur seals inhabits occur there during the summer. Their (Wilson et al. 2017). the Pribilof Islands in the southern distribution does not range as far south Hawaiian monk seals are benthic Bering Sea (Lee et al. 2014; Muto et al. as the Hawaiian Islands. foragers that feed on marine terraces of 2017). The rest of the population occurs atolls and banks; most foraging occurs at rookeries on Bogoslof Island in the Northern Elephant Seal Bering Sea, in Russia (Commander in water depths <100 m deep but Northern elephant seals breed in Islands, Robben Island, Kuril Islands), occasionally to depths up to 500 m California and Baja California, primarily on San Miguel Island in southern (Parrish et al. 2002; Stewart et al. 2006). on offshore islands (Stewart et al. 1994), California (NMFS 1993; Lee et al. 2014), Stewart et al. (2006) used satellite from December–March (Stewart and and on the Farallon Islands off central tracking to examine the foraging Huber 1993). Adult elephant seals California (Muto et al. 2017). In the behavior of monk seals at the six main engage in two long northward breeding colonies in the Northwestern United States, two stocks are migrations per year, one following the Hawaiian Islands. Foraging trips varied recognized—the Eastern Pacific and the breeding season, and another following by sex and by age and ranged from <1 California stocks (Muto et al. 2017). The the annual molt, with females returning km up to 322 km from haul-out sites. Eastern Pacific stock ranges from the earlier to molt (March–April) than males Wilson et al. (2017) reported foraging Pribilof Islands and Bogoslof Island in (July–August) (Stewart and DeLong trips of up to 100 km. Satellite tracking the Bering Sea during summer to 1995). Juvenile elephant seals typically of Hawaiian monk seals revealed that California during winter (Muto et al. leave the rookeries in April or May and home ranges in Main Hawaiian Islands 2017). head north, traveling an average of 900– were much smaller than those in the When not on rookery islands, 1,000 km. Hindell (2009) noted that Northwestern Hawaiian Islands (NMFS northern fur seals are primarily pelagic 2007, 2014); home ranges for most seals but occasionally haul out on rocky traveling likely takes place in water were <2000 km2 (Wilson et al. 2017). shorelines (Muto et al. 2017). During the depths >200 m. Critical habitat has been designated breeding season, adult males usually When not breeding, elephant seals based on preferred pupping and nursing come ashore in May–August and may feed at sea far from the rookeries, areas, significant haul-out areas, and sometimes be present until November; ranging as far north as 60° N, into the marine foraging areas out to a depth of adult females are found ashore from Gulf of Alaska and along the Aleutian 200 m (NMFS 2017b). In the Main June–November (Carretta et al. 2017; Islands (Le Boeuf et al. 2000). Some Hawaiian Islands, critical habitat Muto et al. 2017). After reproduction, seals that were tracked via satellite-tags generally includes marine habitat from northern fur seals spend the next 7–8 for no more than 224 days traveled the seafloor to 10 m above the seafloor, months feeding at sea (Roppel 1984). distances in excess of 10,000 km during from the 200-m isobath to the shoreline Once weaned, juveniles spend 2–3 years that time (Le Beouf et al. 2000). and 5 m inland, with some exceptions at sea before returning to rookeries. Northern elephant seals that were for specific areas (NMFS 2017b). For the Animals may migrate to the Gulf of satellite-tagged at a California rookery Island of Hawaii of Hawaii, Maui, and Alaska, off Japan, and the west coast of have been recorded traveling as far west Oahu (islands adjacent to the proposed the United States (Muto et al. 2017); in as ∼166.5–172.5° E, including the transects), all marine habitat and inland particular, adult males from the Pripilof proposed Emperor Seamount survey habitat is included as critical habitat Islands have been shown to migrate to area (Le Boeuf et al. 2000; Robinson et (NMFS 2017b). The seismic transects the Kuril Islands in the western Pacific al. 2012; Robinson 2016 in OBIS 2018; are located at least 10 km from monk (Loughlin et al. 1999). The southern Costa 2017 in OBIS 2018). Occurrence seal critical habitat (Fig. 1). extent of the migration is ∼35 N. in the survey area was documented Hawaiian monk seals have been Northern fur seals were seen during August and September; during reported throughout the Main Hawaiian throughout the North Pacific during July and October, northern elephant Islands, including the west coast of surveys conducted during 1987–1990, seals were tracked just to the east of the Oahu, the east coast of Maui, and the including in the western Pacific during survey area (Robinson et al. 2012). Post- north coast of the Island of Hawaii the summer (Buckland et al. 1993). The molting seals traveled longer and farther

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than post-breeding seals (Robinson et al. cetaceans). Subsequently, NMFS (2016) species and the sperm whale), and 3 are 2012). described generalized hearing ranges for classified as high-frequency cetaceans Thus, northern elephant seals could these marine mammal hearing groups. (i.e., Dall’s porpoise and Kogia spp.). be encountered in the Emperor Generalized hearing ranges were chosen Seamounts survey area during summer Potential Effects of Specified Activities based on the approximately 65 dB on Marine Mammals and Their Habitat and fall. Although there are rare records threshold from the normalized of northern elephant seals in Hawaiian composite audiograms, with the This section includes a summary and waters, they are unlikely to occur in the exception for lower limits for low- discussion of the ways that components proposed survey area. frequency cetaceans where the lower of the specified activity may impact marine mammals and their habitat. The Ribbon Seal bound was deemed to be biologically implausible and the lower bound from ‘‘Estimated Take by Incidental Ribbon seals occur in the North Southall et al. (2007) retained. The Harassment’’ section later in this Pacific and adjacent Arctic Ocean, functional groups and the associated document includes a quantitative ranging from the Okhotsk Sea, to the frequencies are indicated below (note analysis of the number of individuals Aleutian Islands and the Bering, that these frequency ranges correspond that are expected to be taken by this Chukchi, and western Beaufort seas. to the range for the composite group, activity. The ‘‘Negligible Impact Ribbon seals inhabit the Bering Sea ice with the entire range not necessarily Analysis and Determination’’ section front from late-March to early-May and reflecting the capabilities of every considers the content of this section, the are abundant in the northern parts of the species within that group): ‘‘Estimated Take by Incidental ice front in the central and western parts Harassment’’ section, and the ‘‘Proposed • Low-frequency cetaceans (mysticetes): of the Bering Sea (Burns 1970; Burns Mitigation’’ section, to draw 1981). In May to mid-July, when the ice Generalized hearing is estimated to conclusions regarding the likely impacts recedes, some of the seals move farther occur between approximately 7 Hz of these activities on the reproductive and 35 kHz; north (Burns 1970; Burns 1981) to the • success or survivorship of individuals Chukchi Sea (Kelly 1988c). However, Mid-frequency cetaceans (larger and how those impacts on individuals most likely become pelagic and remain toothed whales, beaked whales, and are likely to impact marine mammal in the Bering Sea during the open-water most delphinids): Generalized hearing species or stocks. season, and some occur on the Pacific is estimated to occur between approximately 150 Hz and 160 kHz; Description of Active Acoustic Sound Ocean side of the Aleutian Islands • (Boveng et al. 2008). Of 10 seals that High-frequency cetaceans (porpoises, Sources were tagged along the cost of the river dolphins, and members of the This section contains a brief technical Kamchatka Peninsula in 2005, most genera Kogia and Cephalorhynchus; background on sound, the stayed in the central and eastern Bering including two members of the genus characteristics of certain sound types, Sea, but two were tracked along the Lagenorhynchus, on the basis of and on metrics used in this proposal south side of the Aleutian Islands; 8 of recent echolocation data and genetic inasmuch as the information is relevant 26 seals that were tagged in the central data): generalized hearing is estimated to the specified activity and to a Bering Sea in 2007 traveled to the to occur between approximately 275 discussion of the potential effects of the Hz and 160 kHz. specified activity on marine mammals Bering Strait, Chukchi Sea, and Arctic • Basin (Boveng et al. 2008). Although Pinnipeds in water; Phocidae (true found later in this document. unlikely ribbon seals could be seals): Generalized hearing is Sound travels in waves, the basic encountered in the proposed Emperor estimated to occur between components of which are frequency, Seamounts survey area. approximately 50 Hz to 86 kHz; wavelength, velocity, and amplitude. • Pinnipeds in water; Otariidae (eared Frequency is the number of pressure Marine Mammal Hearing seals): Generalized hearing is waves that pass by a reference point per Hearing is the most important sensory estimated to occur between 60 Hz and unit of time and is measured in Hz or modality for marine mammals 39 kHz. cycles per second. Wavelength is the underwater, and exposure to The pinniped functional hearing distance between two peaks or anthropogenic sound can have group was modified from Southall et al. corresponding points of a sound wave deleterious effects. To appropriately (2007) on the basis of data indicating (length of one cycle). Higher frequency assess the potential effects of exposure that phocid species have consistently sounds have shorter wavelengths than to sound, it is necessary to understand demonstrated an extended frequency lower frequency sounds, and typically the frequency ranges marine mammals range of hearing compared to otariids, attenuate (decrease) more rapidly, are able to hear. Current data indicate especially in the higher frequency range except in certain cases in shallower that not all marine mammal species (Hemila¨ et al., 2006; Kastelein et al., water. Amplitude is the height of the have equal hearing capabilities (e.g., 2009; Reichmuth and Holt, 2013). sound pressure wave or the ‘‘loudness’’ Richardson et al., 1995; Wartzok and For more detail concerning these of a sound and is typically described Ketten, 1999; Au and Hastings, 2008). groups and associated frequency ranges, using the relative unit of the decibel To reflect this, Southall et al. (2007) please see NMFS (2016) for a review of (dB). A sound pressure level (SPL) in dB recommended that marine mammals be available information. Forty marine is described as the ratio between a divided into functional hearing groups mammal species (36 cetacean and 4 measured pressure and a reference based on directly measured or estimated pinniped (1 otariid and 3 phocid) pressure (for underwater sound, this is hearing ranges on the basis of available species) have the reasonable potential to 1 microPascal (mPa)) and is a behavioral response data, audiograms co-occur with the proposed survey logarithmic unit that accounts for large derived using auditory evoked potential activities. Please refer to Table 1. Of the variations in amplitude; therefore, a techniques, anatomical modeling, and cetacean species that may be present, 8 relatively small change in dB other data. Note that no direct are classified as low-frequency corresponds to large changes in sound measurements of hearing ability have cetaceans (i.e., all mysticete species), 25 pressure. The source level (SL) been successfully completed for are classified as mid-frequency represents the SPL referenced at a mysticetes (i.e., low-frequency cetaceans (i.e., all delphinid and ziphiid distance of 1 m from the source

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(referenced to 1 mPa) while the received sounds produced by marine mammals, sound levels can be expected to vary level is the SPL at the listener’s position fish, and invertebrates), and widely over both coarse and fine spatial (referenced to 1 mPa). anthropogenic (e.g., vessels, dredging, and temporal scales. Sound levels at a Root mean square (rms) is the construction) sound. A number of given frequency and location can vary quadratic mean sound pressure over the sources contribute to ambient sound, by 10–20 dB from day to day duration of an impulse. Root mean including the following (Richardson et (Richardson et al., 1995). The result is square is calculated by squaring all of al., 1995): that, depending on the source type and the sound amplitudes, averaging the • Wind and waves: The complex its intensity, sound from a given activity squares, and then taking the square root interactions between wind and water may be a negligible addition to the local of the average (Urick, 1983). Root mean surface, including processes such as environment or could form a distinctive square accounts for both positive and breaking waves and wave-induced signal that may affect marine mammals. negative values; squaring the pressures bubble oscillations and cavitation, are a Details of source types are described in makes all values positive so that they main source of naturally occurring the following text. may be accounted for in the summation ambient sound for frequencies between Sounds are often considered to fall of pressure levels (Hastings and Popper, 200 Hz and 50 kHz (Mitson, 1995). In into one of two general types: Pulsed 2005). This measurement is often used general, ambient sound levels tend to and non-pulsed (defined in the in the context of discussing behavioral increase with increasing wind speed following). The distinction between effects, in part because behavioral and wave height. Surf sound becomes these two sound types is important effects, which often result from auditory important near shore, with because they have differing potential to cues, may be better expressed through measurements collected at a distance of cause physical effects, particularly with averaged units than by peak pressures. 8.5 km from shore showing an increase regard to hearing (e.g., Ward, 1997 in Sound exposure level (SEL; of 10 dB in the 100 to 700 Hz band Southall et al., 2007). Please see represented as dB re 1 mPa2-s) represents during heavy surf conditions. Southall et al. (2007) for an in-depth the total energy contained within a puls • Precipitation: Sound from rain and discussion of these concepts. and considers both intensity and hail impacting the water surface can Pulsed sound sources (e.g., airguns, duration of exposure. Peak sound become an important component of total explosions, gunshots, sonic booms, pressure (also referred to as zero-to-peak sound at frequencies above 500 Hz, and impact pile driving) produce signals sound pressure or 0-p) is the maximum possibly down to 100 Hz during quiet that are brief (typically considered to be instantaneous sound pressure times. less than one second), broadband, atonal measurable in the water at a specified • Biological: Marine mammals can transients (ANSI, 1986, 2005; Harris, distance from the source and is contribute significantly to ambient 1998; NIOSH, 1998; ISO, 2003) and represented in the same units as the rms sound levels, as can some fish and occur either as isolated events or sound pressure. Another common snapping shrimp. The frequency band repeated in some succession. Pulsed metric is peak-to-peak sound pressure for biological contributions is from sounds are all characterized by a (pk-pk), which is the algebraic approximately 12 Hz to over 100 kHz. relatively rapid rise from ambient difference between the peak positive • Anthropogenic: Sources of ambient pressure to a maximal pressure value and peak negative sound pressures. sound related to human activity include followed by a rapid decay period that Peak-to-peak pressure is typically transportation (surface vessels), may include a period of diminishing, approximately 6 dB higher than peak dredging and construction, oil and gas oscillating maximal and minimal pressure (Southall et al., 2007). drilling and production, seismic pressures, and generally have an When underwater objects vibrate or surveys, sonar, explosions, and ocean increased capacity to induce physical activity occurs, sound-pressure waves acoustic studies. Vessel noise typically injury as compared with sounds that are created. These waves alternately dominates the total ambient sound for lack these features. compress and decompress the water as frequencies between 20 and 300 Hz. In Non-pulsed sounds can be tonal, the sound wave travels. Underwater general, the frequencies of narrowband, or broadband, brief or sound waves radiate in a manner similar anthropogenic sounds are below 1 kHz prolonged, and may be either to ripples on the surface of a pond and and, if higher frequency sound levels continuous or non-continuous (ANSI, may be either directed in a beam or are created, they attenuate rapidly. 1995; NIOSH, 1998). Some of these non- beams or may radiate in all directions Sound from identifiable anthropogenic pulsed sounds can be transient signals (omnidirectional sources), as is the case sources other than the activity of of short duration but without the for pulses produced by the airgun arrays interest (e.g., a passing vessel) is essential properties of pulses (e.g., rapid considered here. The compressions and sometimes termed background sound, as rise time). Examples of non-pulsed decompressions associated with sound opposed to ambient sound. sounds include those produced by waves are detected as changes in The sum of the various natural and vessels, aircraft, machinery operations pressure by aquatic life and man-made anthropogenic sound sources at any such as drilling or dredging, vibratory sound receptors such as hydrophones. given location and time—which pile driving, and active sonar systems Even in the absence of sound from the comprise ‘‘ambient’’ or ‘‘background’’ (such as those used by the U.S. Navy). specified activity, the underwater sound—depends not only on the source The duration of such sounds, as environment is typically loud due to levels (as determined by current received at a distance, can be greatly ambient sound. Ambient sound is weather conditions and levels of extended in a highly reverberant defined as environmental background biological and human activity) but also environment. sound levels lacking a single source or on the ability of sound to propagate Airgun arrays produce pulsed signals point (Richardson et al., 1995), and the through the environment. In turn, sound with energy in a frequency range from sound level of a region is defined by the propagation is dependent on the about 10–2,000 Hz, with most energy total acoustical energy being generated spatially and temporally varying radiated at frequencies below 200 Hz. by known and unknown sources. These properties of the water column and sea The amplitude of the acoustic wave sources may include physical (e.g., floor, and is frequency-dependent. As a emitted from the source is equal in all wind and waves, earthquakes, ice, result of the dependence on a large directions (i.e., omnidirectional), but atmospheric sound), biological (e.g., number of varying factors, ambient airgun arrays do possess some

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directionality due to different phase Potential Effects of Underwater effects (see below for further delays between guns in different Sound—Please refer to the information discussion). Potential effects from directions. Airgun arrays are typically given previously (‘‘Description of Active impulsive sound sources can range in tuned to maximize functionality for data Acoustic Sources’’) regarding sound, severity from effects such as behavioral acquisition purposes, meaning that characteristics of sound types, and disturbance or tactile perception to sound transmitted in horizontal metrics used in this document. physical discomfort, slight injury of the directions and at higher frequencies is Anthropogenic sounds cover a broad internal organs and the auditory system, minimized to the extent possible. range of frequencies and sound levels or mortality (Yelverton et al., 1973). As described above, a Kongsberg EM and can have a range of highly variable Non-auditory physiological effects or 122 MBES, a Knudsen Chirp 3260 SBP, impacts on marine life, from none or injuries that theoretically might occur in and a Teledyne RDI 75 kHz Ocean minor to potentially severe responses, marine mammals exposed to high level Surveyor ADCP would be operated depending on received levels, duration underwater sound or as a secondary continuously during the proposed of exposure, behavioral context, and effect of extreme behavioral reactions surveys, but not during transit to and various other factors. The potential (e.g., change in dive profile as a result from the survey areas. Due to the lower effects of underwater sound from active of an avoidance reaction) caused by source level of the Kongsberg EM 122 acoustic sources can potentially result exposure to sound include neurological MBES relative to the Langseth’s airgun in one or more of the following: effects, bubble formation, resonance array (242 dB re 1 mPa · m for the MBES Temporary or permanent hearing effects, and other types of organ or versus a minimum of 258 dB re 1 mPa impairment, non-auditory physical or tissue damage (Cox et al., 2006; Southall · m (rms) for the 36 airgun array (NSF– physiological effects, behavioral et al., 2007; Zimmer and Tyack, 2007; USGS, 2011), sounds from the MBES are disturbance, stress, and masking Tal et al., 2015). The survey activities expected to be effectively subsumed by (Richardson et al., 1995; Gordon et al., considered here do not involve the use the sounds from the airgun array. Thus, 2004; Nowacek et al., 2007; Southall et of devices such as explosives or mid- any marine mammal potentially al., 2007; Go¨tz et al., 2009). The degree frequency tactical sonar that are exposed to sounds from the MBES of effect is intrinsically related to the associated with these types of effects. would already have been exposed to signal characteristics, received level, Threshold Shift—Marine mammals sounds from the airgun array, which are distance from the source, and duration exposed to high-intensity sound, or to expected to propagate further in the of the sound exposure. In general, lower-intensity sound for prolonged periods, can experience hearing water. Each ping emitted by the MBES sudden, high level sounds can cause threshold shift (TS), which is the loss of consists of eight (in water >1,000 m hearing loss, as can longer exposures to hearing sensitivity at certain frequency deep) or four (<1,000 m) successive fan- lower level sounds. Temporary or ranges (Finneran, 2015). TS can be shaped transmissions, each ensonifying permanent loss of hearing will occur permanent (PTS), in which case the loss a sector that extends 1° fore–aft. Given almost exclusively for noise within an of hearing sensitivity is not fully the movement and speed of the vessel, animal’s hearing range. We first describe recoverable, or temporary (TTS), in the intermittent and narrow downward- specific manifestations of acoustic effects before providing discussion which case the animal’s hearing directed nature of the sounds emitted by specific to the use of airgun arrays. threshold would recover over time the MBES would result in no more than Richardson et al. (1995) described (Southall et al., 2007). Repeated sound one or two brief ping exposures of any zones of increasing intensity of effect exposure that leads to TTS could cause individual marine mammal, if any that might be expected to occur, in PTS. In severe cases of PTS, there can exposure were to occur. relation to distance from a source and be total or partial deafness, while in Due to the lower source levels of both assuming that the signal is within an most cases the animal has an impaired the Knudsen Chirp 3260 SBP and the animal’s hearing range. First is the area ability to hear sounds in specific Teledyne RDI 75 kHz Ocean Surveyor within which the acoustic signal would frequency ranges (Kryter, 1985). ADCP relative to the Langseth’s airgun be audible (potentially perceived) to the When PTS occurs, there is physical array (maximum SL of 222 dB re 1 mPa animal, but not strong enough to elicit damage to the sound receptors in the ear · m for the SBP and maximum SL of 224 any overt behavioral or physiological (i.e., tissue damage), whereas TTS dB re 1 mPa · m for the ADCP, versus response. The next zone corresponds represents primarily tissue fatigue and a minimum of 258 dB re 1 mPa · m for with the area where the signal is audible is reversible (Southall et al., 2007). In the 36 airgun array (NSF–USGS, 2011), to the animal and of sufficient intensity addition, other investigators have sounds from the SBP and ADCP are to elicit behavioral or physiological suggested that TTS is within the normal expected to be effectively subsumed by responsiveness. Third is a zone within bounds of physiological variability and sounds from the airgun array. Thus, any which, for signals of high intensity, the tolerance and does not represent marine mammal potentially exposed to received level is sufficient to potentially physical injury (e.g., Ward, 1997). sounds from the SBP and/or the ADCP cause discomfort or tissue damage to Therefore, NMFS does not consider TTS would already have been exposed to auditory or other systems. Overlaying to constitute auditory injury. sounds from the airgun array, which are these zones to a certain extent is the Relationships between TTS and PTS expected to propagate further in the area within which masking (i.e., when a thresholds have not been studied in water. As such, we conclude that the sound interferes with or masks the marine mammals, and there is no PTS likelihood of marine mammal take ability of an animal to detect a signal of data for cetaceans but such relationships resulting from exposure to sound from interest that is above the absolute are assumed to be similar to those in the MBES, SBP or ADCP is discountable hearing threshold) may occur; the humans and other terrestrial mammals. and therefore we do not consider noise masking zone may be highly variable in PTS typically occurs at exposure levels from the MBES, SBP or ADCP further in size. at least several decibels above (a 40–dB this analysis. We describe the more severe effects of threshold shift approximates PTS onset; certain non-auditory physical or e.g., Kryter et al., 1966; Miller, 1974) Acoustic Effects physiological effects only briefly as we that inducing mild TTS (a 6–dB Here, we discuss the effects of active do not expect that use of airgun arrays threshold shift approximates TTS onset; acoustic sources on marine mammals. are reasonably likely to result in such e.g., Southall et al. 2007). Based on data

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from terrestrial mammals, a low levels and gradually increased over any reactions depend on numerous precautionary assumption is that the a period of several months, with the intrinsic and extrinsic factors (e.g., PTS thresholds for impulse sounds highest exposures at peak SPLs from species, state of maturity, experience, (such as airgun pulses as received close 196 to 210 dB and cumulative current activity, reproductive state, to the source) are at least 6 dB higher (unweighted) SELs from 193–195 dB. auditory sensitivity, time of day), as than the TTS threshold on a peak- No substantial TTS was observed. In well as the interplay between factors pressure basis and PTS cumulative addition, behavioral reactions were (e.g., Richardson et al., 1995; Wartzok et sound exposure level thresholds are 15 observed that indicated that animals can al., 2003; Southall et al., 2007; Weilgart, to 20 dB higher than TTS cumulative learn behaviors that effectively mitigate 2007; Archer et al., 2010). Behavioral sound exposure level thresholds noise exposures (although exposure reactions can vary not only among (Southall et al., 2007). Given the higher patterns must be learned, which is less individuals but also within an level of sound or longer exposure likely in wild animals than for the individual, depending on previous duration necessary to cause PTS as captive animals considered in this experience with a sound source, compared with TTS, it is considerably study). The authors note that the failure context, and numerous other factors less likely that PTS could occur. to induce more significant auditory (Ellison et al., 2012), and can vary For mid-frequency cetaceans in effects likely due to the intermittent depending on characteristics associated particular, potential protective nature of exposure, the relatively low with the sound source (e.g., whether it mechanisms may help limit onset of peak pressure produced by the acoustic is moving or stationary, number of TTS or prevent onset of PTS. Such source, and the low-frequency energy in sources, distance from the source). mechanisms include dampening of airgun pulses as compared with the Please see Appendices B–C of Southall hearing, auditory adaptation, or frequency range of best sensitivity for et al. (2007) for a review of studies behavioral amelioration (e.g., Nachtigall dolphins and other mid-frequency involving marine mammal behavioral and Supin, 2013; Miller et al., 2012; cetaceans. responses to sound. Finneran et al., 2015; Popov et al., Currently, TTS data only exist for four Habituation can occur when an 2016). species of cetaceans (bottlenose animal’s response to a stimulus wanes TTS is the mildest form of hearing dolphin, beluga whale, harbor porpoise, with repeated exposure, usually in the impairment that can occur during and Yangtze finless porpoise) exposed absence of unpleasant associated events exposure to sound (Kryter, 1985). While to a limited number of sound sources (Wartzok et al., 2003). Animals are most experiencing TTS, the hearing threshold (i.e., mostly tones and octave-band rises, and a sound must be at a higher noise) in laboratory settings (Finneran, likely to habituate to sounds that are level in order to be heard. In terrestrial 2015). In general, harbor porpoises have predictable and unvarying. It is and marine mammals, TTS can last from a lower TTS onset than other measured important to note that habituation is minutes or hours to days (in cases of cetacean species (Finneran, 2015). appropriately considered as a strong TTS). In many cases, hearing Additionally, the existing marine ‘‘progressive reduction in response to sensitivity recovers rapidly after mammal TTS data come from a limited stimuli that are perceived as neither exposure to the sound ends. Few data number of individuals within these aversive nor beneficial,’’ rather than as, on sound levels and durations necessary species. There are no data available on more generally, moderation in response to elicit mild TTS have been obtained noise-induced hearing loss for to human disturbance (Bejder et al., for marine mammals. mysticetes. 2009). The opposite process is Marine mammal hearing plays a Critical questions remain regarding sensitization, when an unpleasant critical role in communication with the rate of TTS growth and recovery experience leads to subsequent conspecifics, and interpretation of after exposure to intermittent noise and responses, often in the form of environmental cues for purposes such the effects of single and multiple pulses. avoidance, at a lower level of exposure. as predator avoidance and prey capture. Data at present are also insufficient to As noted, behavioral state may affect the Depending on the degree (elevation of construct generalized models for type of response. For example, animals threshold in dB), duration (i.e., recovery recovery and determine the time that are resting may show greater time), and frequency range of TTS, and necessary to treat subsequent exposures behavioral change in response to the context in which it is experienced, as independent events. More disturbing sound levels than animals TTS can have effects on marine information is needed on the that are highly motivated to remain in mammals ranging from discountable to relationship between auditory evoked an area for feeding (Richardson et al., serious. For example, a marine mammal potential and behavioral measures of 1995; NRC, 2003; Wartzok et al., 2003). may be able to readily compensate for TTS for various stimuli. For summaries Controlled experiments with captive a brief, relatively small amount of TTS of data on TTS in marine mammals or marine mammals have showed in a non-critical frequency range that for further discussion of TTS onset pronounced behavioral reactions, occurs during a time where ambient thresholds, please see Southall et al. including avoidance of loud sound noise is lower and there are not as many (2007), Finneran and Jenkins (2012), sources (Ridgway et al., 1997). Observed competing sounds present. Finneran (2015), and NMFS (2016). responses of wild marine mammals to Alternatively, a larger amount and Behavioral Effects—Behavioral loud pulsed sound sources (typically longer duration of TTS sustained during disturbance may include a variety of seismic airguns or acoustic harassment time when communication is critical for effects, including subtle changes in devices) have been varied but often successful mother/calf interactions behavior (e.g., minor or brief avoidance consist of avoidance behavior or other could have more serious impacts. of an area or changes in vocalizations), behavioral changes suggesting Finneran et al. (2015) measured more conspicuous changes in similar discomfort (Morton and Symonds, 2002; hearing thresholds in three captive behavioral activities, and more see also Richardson et al., 1995; bottlenose dolphins before and after sustained and/or potentially severe Nowacek et al., 2007). However, many exposure to ten pulses produced by a reactions, such as displacement from or delphinids approach acoustic source seismic airgun in order to study TTS abandonment of high-quality habitat. vessels with no apparent discomfort or induced after exposure to multiple Behavioral responses to sound are obvious behavioral change (e.g., pulses. Exposures began at relatively highly variable and context-specific and Barkaszi et al., 2012).

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Available studies show wide variation tags were used to quantify sperm whale while right whales have been observed in response to underwater sound; behavior prior to, during, and following to shift the frequency content of their therefore, it is difficult to predict exposure to airgun arrays at received calls upward while reducing the rate of specifically how any given sound in a levels in the range 140–160 dB at calling in areas of increased particular instance might affect marine distances of 7–13 km, following a phase- anthropogenic noise (Parks et al., 2007). mammals perceiving the signal. If a in of sound intensity and full array In some cases, animals may cease sound marine mammal does react briefly to an exposures at 1–13 km (Madsen et al., production during production of underwater sound by changing its 2006; Miller et al., 2009). Sperm whales aversive signals (Bowles et al., 1994). behavior or moving a small distance, the did not exhibit horizontal avoidance Cerchio et al. (2014) used passive impacts of the change are unlikely to be behavior at the surface. However, acoustic monitoring to document the significant to the individual, let alone foraging behavior may have been presence of singing humpback whales the stock or population. However, if a affected. The sperm whales exhibited 19 off the coast of northern Angola and to sound source displaces marine percent less vocal (buzz) rate during full opportunistically test for the effect of mammals from an important feeding or exposure relative to post exposure, and seismic survey activity on the number of breeding area for a prolonged period, the whale that was approached most singing whales. Two recording units impacts on individuals and populations closely had an extended resting period were deployed between March and could be significant (e.g., Lusseau and and did not resume foraging until the December 2008 in the offshore Bejder, 2007; Weilgart, 2007; NRC, airguns had ceased firing. The environment; numbers of singers were 2005). However, there are broad remaining whales continued to execute counted every hour. Generalized categories of potential response, which foraging dives throughout exposure; Additive Mixed Models were used to we describe in greater detail here, that however, swimming movements during assess the effect of survey day include alteration of dive behavior, foraging dives were 6 percent lower (seasonality), hour (diel variation), alteration of foraging behavior, effects to during exposure than control periods moon phase, and received levels of breathing, interference with or alteration (Miller et al., 2009). These data raise noise (measured from a single pulse of vocalization, avoidance, and flight. concerns that seismic surveys may during each ten minute sampled period) Changes in dive behavior can vary impact foraging behavior in sperm on singer number. The number of widely, and may consist of increased or whales, although more data are required singers significantly decreased with decreased dive times and surface to understand whether the differences increasing received level of noise, intervals as well as changes in the rates were due to exposure or natural suggesting that humpback whale of ascent and descent during a dive (e.g., variation in sperm whale behavior breeding activity was disrupted to some Frankel and Clark, 2000; Ng and Leung, (Miller et al., 2009). extent by the survey activity. 2003; Nowacek et al.; 2004; Goldbogen Variations in respiration naturally Castellote et al. (2012) reported et al., 2013a, b). Variations in dive vary with different behaviors and acoustic and behavioral changes by fin behavior may reflect interruptions in alterations to breathing rate as a whales in response to shipping and biologically significant activities (e.g., function of acoustic exposure can be airgun noise. Acoustic features of fin foraging) or they may be of little expected to co-occur with other whale song notes recorded in the biological significance. The impact of an behavioral reactions, such as a flight Mediterranean Sea and northeast alteration to dive behavior resulting response or an alteration in diving. Atlantic Ocean were compared for areas from an acoustic exposure depends on However, respiration rates in and of with different shipping noise levels and what the animal is doing at the time of themselves may be representative of traffic intensities and during a seismic the exposure and the type and annoyance or an acute stress response. airgun survey. During the first 72 h of magnitude of the response. Various studies have shown that the survey, a steady decrease in song Disruption of feeding behavior can be respiration rates may either be received levels and bearings to singers difficult to correlate with anthropogenic unaffected or could increase, depending indicated that whales moved away from sound exposure, so it is usually inferred on the species and signal characteristics, the acoustic source and out of the study by observed displacement from known again highlighting the importance in area. This displacement persisted for a foraging areas, the appearance of understanding species differences in the time period well beyond the 10-day secondary indicators (e.g., bubble nets tolerance of underwater noise when duration of seismic airgun activity, or sediment plumes), or changes in dive determining the potential for impacts providing evidence that fin whales may behavior. As for other types of resulting from anthropogenic sound avoid an area for an extended period in behavioral response, the frequency, exposure (e.g., Kastelein et al., 2001, the presence of increased noise. The duration, and temporal pattern of signal 2005, 2006; Gailey et al., 2007; Gailey et authors hypothesize that fin whale presentation, as well as differences in al., 2016). acoustic communication is modified to species sensitivity, are likely Marine mammals vocalize for compensate for increased background contributing factors to differences in different purposes and across multiple noise and that a sensitization process response in any given circumstance modes, such as whistling, echolocation may play a role in the observed (e.g., Croll et al., 2001; Nowacek et al.; click production, calling, and singing. temporary displacement. 2004; Madsen et al., 2006; Yazvenko et Changes in vocalization behavior in Seismic pulses at average received al., 2007). A determination of whether response to anthropogenic noise can levels of 131 dB re 1 mPa2-s caused blue foraging disruptions incur fitness occur for any of these modes and may whales to increase call production (Di consequences would require result from a need to compete with an Iorio and Clark, 2010). In contrast, information on or estimates of the increase in background noise or may McDonald et al. (1995) tracked a blue energetic requirements of the affected reflect increased vigilance or a startle whale with seafloor seismometers and individuals and the relationship response. For example, in the presence reported that it stopped vocalizing and between prey availability, foraging effort of potentially masking signals, changed its travel direction at a range of and success, and the life history stage of humpback whales and killer whales 10 km from the acoustic source vessel the animal. have been observed to increase the (estimated received level 143 dB pk-pk). Visual tracking, passive acoustic length of their songs (Miller et al., 2000; Blackwell et al. (2013) found that monitoring, and movement recording Fristrup et al., 2003; Foote et al., 2004), bowhead whale call rates dropped

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significantly at onset of airgun use at England, 2001). However, it should be whale and fin whale. Behavioral sites with a median distance of 41–45 noted that response to a perceived responses observed included changes in km from the survey. Blackwell et al. predator does not necessarily invoke swimming or surfacing behavior, with (2015) expanded this analysis to show flight (Ford and Reeves, 2008), and indications that cetaceans remained that whales actually increased calling whether individuals are solitary or in near the water surface at these times. rates as soon as airgun signals were groups may influence the response. Cetaceans were recorded as feeding less detectable before ultimately decreasing Behavioral disturbance can also often when large arrays were active. calling rates at higher received levels impact marine mammals in more subtle Behavioral observations of gray whales (i.e., 10-minute SELcum of ∼127 dB). ways. Increased vigilance may result in during a seismic survey monitored Overall, these results suggest that costs related to diversion of focus and whale movements and respirations pre- bowhead whales may adjust their vocal attention (i.e., when a response consists , during and post-seismic survey (Gailey output in an effort to compensate for of increased vigilance, it may come at et al., 2016). Behavioral state and water noise before ceasing vocalization effort the cost of decreased attention to other depth were the best ‘natural’ predictors and ultimately deflecting from the critical behaviors such as foraging or of whale movements and respiration acoustic source (Blackwell et al., 2013, resting). These effects have generally not and, after considering natural variation, 2015). These studies demonstrate that been demonstrated for marine none of the response variables were even low levels of noise received far mammals, but studies involving fish significantly associated with seismic from the source can induce changes in and terrestrial animals have shown that survey or vessel sounds. vocalization and/or behavior for increased vigilance may substantially Stress Responses—An animal’s mysticetes. reduce feeding rates (e.g., Beauchamp perception of a threat may be sufficient Avoidance is the displacement of an and Livoreil, 1997; Fritz et al., 2002; to trigger stress responses consisting of individual from an area or migration Purser and Radford, 2011). In addition, some combination of behavioral path as a result of the presence of a chronic disturbance can cause responses, autonomic nervous system sound or other stressors, and is one of population declines through reduction responses, neuroendocrine responses, or the most obvious manifestations of of fitness (e.g., decline in body immune responses (e.g., Seyle, 1950; disturbance in marine mammals condition) and subsequent reduction in Moberg, 2000). In many cases, an (Richardson et al., 1995). For example, reproductive success, survival, or both animal’s first and sometimes most gray whales are known to change (e.g., Harrington and Veitch, 1992; Daan economical (in terms of energetic costs) direction—deflecting from customary et al., 1996; Bradshaw et al., 1998). response is behavioral avoidance of the migratory paths—in order to avoid noise However, Ridgway et al. (2006) reported potential stressor. Autonomic nervous from seismic surveys (Malme et al., that increased vigilance in bottlenose system responses to stress typically 1984). Humpback whales showed dolphins exposed to sound over a five- involve changes in heart rate, blood avoidance behavior in the presence of day period did not cause any sleep pressure, and gastrointestinal activity. an active seismic array during deprivation or stress effects. These responses have a relatively short observational studies and controlled Many animals perform vital functions, duration and may or may not have a exposure experiments in western such as feeding, resting, traveling, and significant long-term effect on an Australia (McCauley et al., 2000). socializing, on a diel cycle (24-hour animal’s fitness. Avoidance may be short-term, with cycle). Disruption of such functions Neuroendocrine stress responses often animals returning to the area once the resulting from reactions to stressors involve the hypothalamus-pituitary- noise has ceased (e.g., Bowles et al., such as sound exposure are more likely adrenal system. Virtually all 1994; Goold, 1996; Stone et al., 2000; to be significant if they last more than neuroendocrine functions that are Morton and Symonds, 2002; Gailey et one diel cycle or recur on subsequent affected by stress—including immune al., 2007). Longer-term displacement is days (Southall et al., 2007). competence, reproduction, metabolism, possible, however, which may lead to Consequently, a behavioral response and behavior—are regulated by pituitary changes in abundance or distribution lasting less than one day and not hormones. Stress-induced changes in patterns of the affected species in the recurring on subsequent days is not the secretion of pituitary hormones have affected region if habituation to the considered particularly severe unless it been implicated in failed reproduction, presence of the sound does not occur could directly affect reproduction or altered metabolism, reduced immune (e.g., Bejder et al., 2006; Teilmann et al., survival (Southall et al., 2007). Note that competence, and behavioral disturbance 2006). there is a difference between multi-day (e.g., Moberg, 1987; Blecha, 2000). A flight response is a dramatic change substantive behavioral reactions and Increases in the circulation of in normal movement to a directed and multi-day anthropogenic activities. For glucocorticoids are also equated with rapid movement away from the example, just because an activity lasts stress (Romano et al., 2004). perceived location of a sound source. for multiple days does not necessarily The primary distinction between The flight response differs from other mean that individual animals are either stress (which is adaptive and does not avoidance responses in the intensity of exposed to activity-related stressors for normally place an animal at risk) and the response (e.g., directed movement, multiple days or, further, exposed in a ‘‘distress’’ is the cost of the response. rate of travel). Relatively little manner resulting in sustained multi-day During a stress response, an animal uses information on flight responses of substantive behavioral responses. glycogen stores that can be quickly marine mammals to anthropogenic Stone (2015) reported data from at-sea replenished once the stress is alleviated. signals exist, although observations of observations during 1,196 seismic In such circumstances, the cost of the flight responses to the presence of surveys from 1994 to 2010. When large stress response would not pose serious predators have occurred (Connor and arrays of airguns (considered to be 500 fitness consequences. However, when Heithaus, 1996). The result of a flight in3 or more) were firing, lateral an animal does not have sufficient response could range from brief, displacement, more localized energy reserves to satisfy the energetic temporary exertion and displacement avoidance, or other changes in behavior costs of a stress response, energy from the area where the signal provokes were evident for most odontocetes. resources must be diverted from other flight to, in extreme cases, marine However, significant responses to large functions. This state of distress will last mammal strandings (Evans and arrays were found only for the minke until the animal replenishes its

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energetic reserves sufficiently to restore when the coincident (masking) sound is sounds are expected to be limited, normal function. man-made, it may be considered although there are few specific data on Relationships between these harassment when disrupting or altering this. Because of the intermittent nature physiological mechanisms, animal critical behaviors. It is important to and low duty cycle of seismic pulses, behavior, and the costs of stress distinguish TTS and PTS, which persist animals can emit and receive sounds in responses are well-studied through after the sound exposure, from masking, the relatively quiet intervals between controlled experiments and for both which occurs during the sound pulses. However, in exceptional laboratory and free-ranging animals exposure. Because masking (without situations, reverberation occurs for (e.g., Holberton et al., 1996; Hood et al., resulting in TS) is not associated with much or all of the interval between 1998; Jessop et al., 2003; Krausman et abnormal physiological function, it is pulses (e.g., Simard et al. 2005; Clark al., 2004; Lankford et al., 2005). Stress not considered a physiological effect, and Gagnon 2006), which could mask responses due to exposure to but rather a potential behavioral effect. calls. Situations with prolonged strong anthropogenic sounds or other stressors The frequency range of the potentially reverberation are infrequent. However, and their effects on marine mammals masking sound is important in it is common for reverberation to cause have also been reviewed (Fair and determining any potential behavioral some lesser degree of elevation of the Becker, 2000; Romano et al., 2002b) impacts. For example, low-frequency background level between airgun pulses and, more rarely, studied in wild signals may have less effect on high- (e.g., Gedamke 2011; Guerra et al. 2011, populations (e.g., Romano et al., 2002a). frequency echolocation sounds 2016; Klinck et al. 2012; Guan et al. For example, Rolland et al. (2012) found produced by odontocetes but are more 2015), and this weaker reverberation that noise reduction from reduced ship likely to affect detection of mysticete presumably reduces the detection range traffic in the Bay of Fundy was communication calls and other of calls and other natural sounds to associated with decreased stress in potentially important natural sounds some degree. Guerra et al. (2016) North Atlantic right whales. These and such as those produced by surf and reported that ambient noise levels other studies lead to a reasonable some prey species. The masking of between seismic pulses were elevated as expectation that some marine mammals communication signals by a result of reverberation at ranges of 50 will experience physiological stress anthropogenic noise may be considered km from the seismic source. Based on responses upon exposure to acoustic as a reduction in the communication measurements in deep water of the stressors and that it is possible that space of animals (e.g., Clark et al., 2009) Southern Ocean, Gedamke (2011) some of these would be classified as and may result in energetic or other estimated that the slight elevation of ‘‘distress.’’ In addition, any animal costs as animals change their background levels during intervals experiencing TTS would likely also vocalization behavior (e.g., Miller et al., between pulses reduced blue and fin experience stress responses (NRC, 2000; Foote et al., 2004; Parks et al., whale communication space by as much 2003). 2007; Di Iorio and Clark, 2009; Holt et as 36–51 percent when a seismic survey Auditory Masking—Sound can al., 2009). Masking can be reduced in was operating 450–2,800 km away. disrupt behavior through masking, or situations where the signal and noise Based on preliminary modeling, interfering with, an animal’s ability to come from different directions Wittekind et al. (2016) reported that detect, recognize, or discriminate (Richardson et al., 1995), through airgun sounds could reduce the between acoustic signals of interest (e.g., amplitude modulation of the signal, or communication range of blue and fin those used for intraspecific through other compensatory behaviors whales 2000 km from the seismic communication and social interactions, (Houser and Moore, 2014). Masking can source. Nieukirk et al. (2012) and prey detection, predator avoidance, be tested directly in captive species Blackwell et al. (2013) noted the navigation) (Richardson et al., 1995; (e.g., Erbe, 2008), but in wild potential for masking effects from Erbe et al., 2016). Masking occurs when populations it must be either modeled seismic surveys on large whales. the receipt of a sound is interfered with or inferred from evidence of masking by another coincident sound at similar compensation. There are few studies Some baleen and toothed whales are frequencies and at similar or higher addressing real-world masking sounds known to continue calling in the intensity, and may occur whether the likely to be experienced by marine presence of seismic pulses, and their sound is natural (e.g., snapping shrimp, mammals in the wild (e.g., Branstetter et calls usually can be heard between the wind, waves, precipitation) or al., 2013). pulses (e.g., Nieukirk et al. 2012; Thode anthropogenic (e.g., shipping, sonar, Masking affects both senders and et al. 2012; Bro¨ker et al. 2013; Sciacca seismic exploration) in origin. The receivers of acoustic signals and can et al. 2016). As noted above, Cerchio et ability of a noise source to mask potentially have long-term chronic al. (2014) suggested that the breeding biologically important sounds depends effects on marine mammals at the display of humpback whales off Angola on the characteristics of both the noise population level as well as at the could be disrupted by seismic sounds, source and the signal of interest (e.g., individual level. Low-frequency as singing activity declined with signal-to-noise ratio, temporal ambient sound levels have increased by increasing received levels. In addition, variability, direction), in relation to each as much as 20 dB (more than three times some cetaceans are known to change other and to an animal’s hearing in terms of SPL) in the world’s ocean their calling rates, shift their peak abilities (e.g., sensitivity, frequency from pre-industrial periods, with most frequencies, or otherwise modify their range, critical ratios, frequency of the increase from distant commercial vocal behavior in response to airgun discrimination, directional shipping (Hildebrand, 2009). All sounds (e.g., Di Iorio and Clark 2010; discrimination, age or TTS hearing loss), anthropogenic sound sources, but Castellote et al. 2012; Blackwell et al. and existing ambient noise and especially chronic and lower-frequency 2013, 2015). The hearing systems of propagation conditions. signals (e.g., from vessel traffic), baleen whales are undoubtedly more Under certain circumstances, marine contribute to elevated ambient sound sensitive to low-frequency sounds than mammals experiencing significant levels, thus intensifying masking. are the ears of the small odontocetes masking could also be impaired from Masking effects of pulsed sounds that have been studied directly (e.g., maximizing their performance fitness in (even from large arrays of airguns) on MacGillivray et al. 2014). The sounds survival and reproduction. Therefore, marine mammal calls and other natural important to small odontocetes are

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predominantly at much higher 2016; O’Brien et al. 2016; Tenessen and There are few data on the behavioral frequencies than are the dominant Parks 2016). Harp seals did not increase reactions of beaked whales to vessel components of airgun sounds, thus their call frequencies in environments noise, though they seem to avoid limiting the potential for masking. In with increased low-frequency sounds approaching vessels (e.g., Wu¨ rsig et al. general, masking effects of seismic (Terhune and Bosker 2016). Holt et al. 1998) or dive for an extended period pulses are expected to be minor, given (2015) reported that changes in vocal when approached by a vessel (e.g., the normally intermittent nature of modifications can have increased Kasuya 1986). Based on a single seismic pulses. energetic costs for individual marine observation, Aguilar Soto et al. (2006) suggest foraging efficiency of Cuvier’s Ship Noise mammals. A negative correlation between the presence of some cetacean beaked whales may be reduced by close Vessel noise from the Langseth could species and the number of vessels in an approach of vessels. affect marine animals in the proposed area has been demonstrated by several In summary, project vessel sounds survey areas. Houghton et al. (2015) studies (e.g., Campana et al. 2015; would not be at levels expected to cause proposed that vessel speed is the most Culloch et al. 2016). anything more than possible localized important predictor of received noise Baleen whales are thought to be more and temporary behavioral changes in levels, and Putland et al. (2017) also sensitive to sound at these low marine mammals, and would not be reported reduced sound levels with frequencies than are toothed whales expected to result in significant negative decreased vessel speed. Sounds (e.g., MacGillivray et al. 2014), possibly effects on individuals or at the produced by large vessels generally causing localized avoidance of the population level. In addition, in all dominate ambient noise at frequencies proposed survey area during seismic oceans of the world, large vessel traffic from 20 to 300 Hz (Richardson et al. operations. Reactions of gray and is currently so prevalent that it is 1995). However, some energy is also humpback whales to vessels have been commonly considered a usual source of produced at higher frequencies studied, and there is limited ambient sound (NSF–USGS 2011). (Hermannsen et al. 2014); low levels of information available about the high-frequency sound from vessels has Ship Strike reactions of right whales and rorquals been shown to elicit responses in harbor Vessel collisions with marine (fin, blue, and minke whales). Reactions porpoise (Dyndo et al. 2015). Increased mammals, or ship strikes, can result in of humpback whales to boats are levels of ship noise have been shown to death or serious injury of the animal. variable, ranging from approach to affect foraging by porpoise (Teilmann et Wounds resulting from ship strike may al. 2015; Wisniewska et al. 2018); avoidance (Payne 1978; Salden 1993). include massive trauma, hemorrhaging, Wisniewska et al. (2018) suggest that a Baker et al. (1982, 1983) and Baker and broken bones, or propeller lacerations decrease in foraging success could have Herman (1989) found humpbacks often (Knowlton and Kraus, 2001). An animal long-term fitness consequences. move away when vessels are within at the surface may be struck directly by Ship noise, through masking, can several kilometers. Humpbacks seem a vessel, a surfacing animal may hit the reduce the effective communication less likely to react overtly when actively bottom of a vessel, or an animal just distance of a marine mammal if the feeding than when resting or engaged in below the surface may be cut by a frequency of the sound source is close other activities (Krieger and Wing 1984, vessel’s propeller. Superficial strikes to that used by the animal, and if the 1986). Increased levels of ship noise may not kill or result in the death of the sound is present for a significant have been shown to affect foraging by animal. These interactions are typically fraction of time (e.g., Richardson et al. humpback whales (Blair et al. 2016). Fin associated with large whales (e.g., fin 1995; Clark et al. 2009; Jensen et al. whale sightings in the western whales), which are occasionally found 2009; Gervaise et al. 2012; Hatch et al. Mediterranean were negatively draped across the bulbous bow of large 2012; Rice et al. 2014; Dunlop 2015; correlated with the number of vessels in commercial ships upon arrival in port. Erbe et al. 2015; Jones et al. 2017; the area (Campana et al. 2015). Minke Although smaller cetaceans are more Putland et al. 2017). In addition to the whales and gray seals have shown slight maneuverable in relation to large vessels frequency and duration of the masking displacement in response to than are large whales, they may also be sound, the strength, temporal pattern, construction-related vessel traffic susceptible to strike. The severity of and location of the introduced sound (Anderwald et al. 2013). injuries typically depends on the size also play a role in the extent of the Many odontocetes show considerable and speed of the vessel, with the masking (Branstetter et al. 2013, 2016; tolerance of vessel traffic, although they probability of death or serious injury Finneran and Branstetter 2013; Sills et sometimes react at long distances if increasing as vessel speed increases al. 2017). Branstetter et al. (2013) confined by ice or shallow water, if (Knowlton and Kraus, 2001; Laist et al., reported that time-domain metrics are previously harassed by vessels, or have 2001; Vanderlaan and Taggart, 2007; also important in describing and had little or no recent exposure to ships Conn and Silber, 2013). Impact forces predicting masking. In order to (Richardson et al. 1995). Dolphins of increase with speed, as does the compensate for increased ambient noise, many species tolerate and sometimes probability of a strike at a given distance some cetaceans are known to increase approach vessels (e.g., Anderwald et al. (Silber et al., 2010; Gende et al., 2011). the source levels of their calls in the 2013). Some dolphin species approach Pace and Silber (2005) also found that presence of elevated noise levels from moving vessels to ride the bow or stern the probability of death or serious injury shipping, shift their peak frequencies, or waves (Williams et al. 1992). Pirotta et increased rapidly with increasing vessel otherwise change their vocal behavior al. (2015) noted that the physical speed. Specifically, the predicted (e.g., Parks et al. 2011, 2012, 2016a,b; presence of vessels, not just ship noise, probability of serious injury or death Castellote et al. 2012; Melco´n et al. disturbed the foraging activity of increased from 45 to 75 percent as 2012; Azzara et al. 2013; Tyack and bottlenose dolphins. Sightings of striped vessel speed increased from 10 to 14 kn, Janik 2013; Luı´s et al. 2014; Sairanen dolphin, Risso’s dolphin, sperm whale, and exceeded 90 percent at 17 kn. 2014; Papale et al. 2015; Bittencourt et and Cuvier’s beaked whale in the Higher speeds during collisions result in al. 2016; Dahlheim and Castellote 2016; western Mediterranean were negatively greater force of impact, but higher Gospic´ and Picciulin 2016; Gridley et al. correlated with the number of vessels in speeds also appear to increase the 2016; Heiler et al. 2016; Martins et al. the area (Campana et al. 2015). chance of severe injuries or death

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through increased likelihood of indicative of the type of unusual events that the physiology, behavior, habitat collision by pulling whales toward the that cannot be ruled out, neither of these relationships, age, or condition of vessel (Clyne, 1999; Knowlton et al., instances represents a circumstance that cetaceans may cause them to strand or 1995). In a separate study, Vanderlaan would be considered reasonably might pre-dispose them to strand when and Taggart (2007) analyzed the foreseeable or that would be considered exposed to another phenomenon. These probability of lethal mortality of large preventable. suggestions are consistent with the whales at a given speed, showing that Although the likelihood of the vessel conclusions of numerous other studies the greatest rate of change in the striking a marine mammal is low, we that have demonstrated that probability of a lethal injury to a large require a robust ship strike avoidance combinations of dissimilar stressors whale as a function of vessel speed protocol (see ‘‘Proposed Mitigation’’), commonly combine to kill an animal or occurs between 8.6 and 15 kn. The which we believe eliminates any dramatically reduce its fitness, even chances of a lethal injury decline from foreseeable risk of ship strike. We though one exposure without the other approximately 80 percent at 15 kn to anticipate that vessel collisions does not produce the same result approximately 20 percent at 8.6 kn. At involving a seismic data acquisition (Chroussos, 2000; Creel, 2005; DeVries speeds below 11.8 kn, the chances of vessel towing gear, while not et al., 2003; Fair and Becker, 2000; Foley lethal injury drop below 50 percent, impossible, represent unlikely, et al., 2001; Moberg, 2000; Relyea, while the probability asymptotically unpredictable events for which there are 2005a; 2005b, Romero, 2004; Sih et al., increases toward one hundred percent no preventive measures. Given the 2004). above 15 kn. required mitigation measures, the Use of military tactical sonar has been The Langseth travels at a speed of 4.1 relatively slow speed of the vessel implicated in a majority of investigated kt (7.6 km/h) while towing seismic towing gear, the presence of bridge crew stranding events. Most known stranding survey gear (LGL 2018). At this speed, watching for obstacles at all times events have involved beaked whales, both the possibility of striking a marine (including marine mammals), and the though a small number have involved mammal and the possibility of a strike presence of marine mammal observers, deep-diving delphinids or sperm whales resulting in serious injury or mortality we believe that the possibility of ship (e.g., Mazzariol et al., 2010; Southall et are discountable. At average transit strike is discountable and, further, that al., 2013). In general, long duration (∼1 speed, the probability of serious injury were a strike of a large whale to occur, second) and high-intensity sounds (≤235 or mortality resulting from a strike is it would be unlikely to result in serious dB SPL) have been implicated in less than 50 percent. However, the injury or mortality. No incidental take stranding events (Hildebrand, 2004). likelihood of a strike actually happening resulting from ship strike is anticipated, With regard to beaked whales, mid- is again discountable. Ship strikes, as and this potential effect of the specified frequency sound is typically implicated analyzed in the studies cited above, activity will not be discussed further in (when causation can be determined) generally involve commercial shipping, the following analysis. (Hildebrand, 2004). Although seismic which is much more common in both Stranding—When a living or dead airguns create predominantly low- space and time than is geophysical marine mammal swims or floats onto frequency energy, the signal does survey activity. Jensen and Silber (2004) shore and becomes ‘‘beached’’ or include a mid-frequency component. summarized ship strikes of large whales incapable of returning to sea, the event We have considered the potential for the worldwide from 1975–2003 and found is a ‘‘stranding’’ (Geraci et al., 1999; proposed surveys to result in marine that most collisions occurred in the Perrin and Geraci, 2002; Geraci and mammal stranding and have concluded open ocean and involved large vessels Lounsbury, 2005; NMFS, 2007). The that, based on the best available (e.g., commercial shipping). No such legal definition for a stranding under the information, stranding is not expected incidents were reported for geophysical MMPA is that ‘‘(A) a marine mammal is to occur. survey vessels during that time period. dead and is (i) on a beach or shore of Effects to Prey—Marine mammal prey It is possible for ship strikes to occur the United States; or (ii) in waters under varies by species, season, and location while traveling at slow speeds. For the jurisdiction of the United States and, for some, is not well documented. example, a hydrographic survey vessel (including any navigable waters); or (B) Fish react to sounds which are traveling at low speed (5.5 kn) while a marine mammal is alive and is (i) on especially strong and/or intermittent conducting mapping surveys off the a beach or shore of the United States low-frequency sounds. Short duration, central California coast struck and killed and is unable to return to the water; (ii) sharp sounds can cause overt or subtle a blue whale in 2009. The State of on a beach or shore of the United States changes in fish behavior and local California determined that the whale and, although able to return to the distribution. Hastings and Popper (2005) had suddenly and unexpectedly water, is in need of apparent medical identified several studies that suggest surfaced beneath the hull, with the attention; or (iii) in the waters under the fish may relocate to avoid certain areas result that the propeller severed the jurisdiction of the United States of sound energy. Additional studies whale’s vertebrae, and that this was an (including any navigable waters), but is have documented effects of pulsed unavoidable event. This strike unable to return to its natural habitat sound on fish, although several are represents the only such incident in under its own power or without based on studies in support of approximately 540,000 hours of similar assistance.’’ construction projects (e.g., Scholik and coastal mapping activity (p = 1.9 × 10¥6; Marine mammals strand for a variety Yan, 2001, 2002; Popper and Hastings, 95% CI = 0¥5.5 × 10¥6; NMFS, 2013b). of reasons, such as infectious agents, 2009). Sound pulses at received levels In addition, a research vessel reported a biotoxicosis, starvation, fishery of 160 dB may cause subtle changes in fatal strike in 2011 of a dolphin in the interaction, ship strike, unusual fish behavior. SPLs of 180 dB may cause Atlantic, demonstrating that it is oceanographic or weather events, sound noticeable changes in behavior (Pearson possible for strikes involving smaller exposure, or combinations of these et al., 1992; Skalski et al., 1992). SPLs cetaceans to occur. In that case, the stressors sustained concurrently or in of sufficient strength have been known incident report indicated that an animal series. However, the cause or causes of to cause injury to fish and fish apparently was struck by the vessel’s most strandings are unknown (Geraci et mortality. The most likely impact to fish propeller as it was intentionally al., 1976; Eaton, 1979; Odell et al., 1980; from survey activities at the project area swimming near the vessel. While Best, 1982). Numerous studies suggest would be temporary avoidance of the

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area. The duration of fish avoidance of marine environment for data acquisition marine mammal or marine mammal a given area after survey effort stops is purposes (as in the use of airgun arrays). stock in the wild by causing disruption unknown, but a rapid return to normal Anthropogenic noise varies widely in its of behavioral patterns, including, but recruitment, distribution and behavior frequency content, duration, and not limited to, migration, breathing, is anticipated. loudness and these characteristics nursing, breeding, feeding, or sheltering Information on seismic airgun greatly influence the potential habitat- (Level B harassment). impacts to zooplankton, which mediated effects to marine mammals Authorized takes would primarily be represent an important prey type for (please see also the previous discussion by Level B harassment, as use of seismic mysticetes, is limited. However, on masking under ‘‘Acoustic Effects’’), airguns has the potential to result in McCauley et al. (2017) reported that which may range from local effects for disruption of behavioral patterns for experimental exposure to a pulse from brief periods of time to chronic effects individual marine mammals. There is a 150 inch3 airgun decreased over large areas and for long durations. also some potential for auditory injury zooplankton abundance when compared Depending on the extent of effects to (Level A harassment) for mysticetes and with controls, as measured by sonar and habitat, animals may alter their high frequency cetaceans (i.e., kogiidae net tows, and caused a two- to threefold communications signals (thereby spp.), due to larger predicted auditory increase in dead adult and larval potentially expending additional injury zones for those functional hearing zooplankton. Although no adult krill energy) or miss acoustic cues (either groups. The proposed mitigation and were present, the study found that all conspecific or adventitious). For more monitoring measures are expected to larval krill were killed after air gun detail on these concepts see, e.g., Barber minimize the severity of such taking to passage. Impacts were observed out to et al., 2010; Pijanowski et al., 2011; the extent practicable. the maximum 1.2 km range sampled. Francis and Barber, 2013; Lillis et al., Auditory injury is unlikely to occur In general, impacts to marine mammal 2014. for mid-frequency species given very prey are expected to be limited due to Problems arising from a failure to small modeled zones of injury for those the relatively small temporal and spatial detect cues are more likely to occur species (13.6 m). Moreover, the source overlap between the proposed survey when noise stimuli are chronic and level of the array is a theoretical and any areas used by marine mammal overlap with biologically relevant cues definition assuming a point source and prey species. The proposed use of used for communication, orientation, measurement in the far-field of the airguns as part of an active seismic array and predator/prey detection (Francis source (MacGillivray, 2006). As survey would occur over a relatively and Barber, 2013). Although the signals described by Caldwell and Dragoset short time period (∼32 days) at two emitted by seismic airgun arrays are (2000), an array is not a point source, locations and would occur over a very generally low frequency, they would but one that spans a small area. In the small area relative to the area available also likely be of short duration and far-field, individual elements in arrays as marine mammal habitat in the Pacific transient in any given area due to the will effectively work as one source Ocean near Hawaii and the Emperor nature of these surveys. As described because individual pressure peaks will Seamounts. We believe any impacts to previously, exploratory surveys such as have coalesced into one relatively broad marine mammals due to adverse affects these cover a large area but would be pulse. The array can then be considered to their prey would be insignificant due transient rather than focused in a given a ‘‘point source.’’ For distances within to the limited spatial and temporal location over time and therefore would the near-field, i.e., approximately 2–3 impact of the proposed survey. not be considered chronic in any given times the array dimensions, pressure However, adverse impacts may occur to location. peaks from individual elements do not a few species of fish and to zooplankton. In summary, activities associated with arrive simultaneously because the Acoustic Habitat—Acoustic habitat is the proposed action are not likely to observation point is not equidistant the soundscape—which encompasses have a permanent, adverse effect on any from each element. The effect is all of the sound present in a particular fish habitat or populations of fish destructive interference of the outputs location and time, as a whole—when species or on the quality of acoustic of each element, so that peak pressures considered from the perspective of the habitat. Thus, any impacts to marine in the near-field will be significantly animals experiencing it. Animals mammal habitat are not expected to lower than the output of the largest produce sound for, or listen for sounds cause significant or long-term individual element. Here, the 230 dB produced by, conspecifics consequences for individual marine peak isopleth distances would in all (communication during feeding, mating, mammals or their populations. cases be expected to be within the near- and other social activities), other field of the array where the definition of animals (finding prey or avoiding Estimated Take source level breaks down. Therefore, predators), and the physical This section provides an estimate of actual locations within this distance of environment (finding suitable habitats, the number of incidental takes proposed the array center where the sound level navigating). Together, sounds made by for authorization through this IHA, exceeds 230 dB peak SPL would not animals and the geophysical which will inform both NMFS’ necessarily exist. In general, Caldwell environment (e.g., produced by consideration of whether the number of and Dragoset (2000) suggest that the earthquakes, lightning, wind, rain, takes is ‘‘small’’ and the negligible near-field for airgun arrays is considered waves) make up the natural impact determination. to extend out to approximately 250 m. contributions to the total acoustics of a Harassment is the only type of take As described previously, no mortality place. These acoustic conditions, expected to result from these activities. is anticipated or proposed to be termed acoustic habitat, are one Except with respect to certain activities authorized for this activity. Below we attribute of an animal’s total habitat. not pertinent here, section 3(18) of the describe how the take is estimated. Soundscapes are also defined by, and MMPA defines ‘‘harassment’’ as: Any Described in the most basic way, we acoustic habitat influenced by, the total act of pursuit, torment, or annoyance estimate take by considering: (1) contribution of anthropogenic sound. which (i) has the potential to injure a Acoustic thresholds above which NMFS This may include incidental emissions marine mammal or marine mammal believes the best available science from sources such as vessel traffic, or stock in the wild (Level A harassment); indicates marine mammals will be may be intentionally introduced to the or (ii) has the potential to disturb a behaviorally harassed or incur some

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degree of permanent hearing bathymetry), and the receiving animals identifies dual criteria to assess auditory impairment; (2) the area or volume of (hearing, motivation, experience, injury (Level A harassment) to five water that will be ensonified above demography, behavioral context) and different marine mammal groups (based these levels in a day; (3) the density or can be difficult to predict (Southall et on hearing sensitivity) as a result of occurrence of marine mammals within al., 2007, Ellison et al. 2012). Based on exposure to noise from two different these ensonified areas; and (4) and the the best available science and the types of sources (impulsive or non- number of days of activities. Below, we practical need to use a threshold based impulsive). The Technical Guidance describe these components in more on a factor that is both predictable and identifies the received levels, or detail and present the exposure estimate measurable for most activities, NMFS thresholds, above which individual and associated numbers of take uses a generalized acoustic threshold marine mammals are predicted to proposed for authorization. based on received level to estimate the experience changes in their hearing onset of behavioral harassment. NMFS Acoustic Thresholds sensitivity for all underwater predicts that marine mammals are likely anthropogenic sound sources, reflects Using the best available science, to be behaviorally harassed in a manner the best available science, and better NMFS has developed acoustic we consider to fall under Level B predicts the potential for auditory injury thresholds that identify the received harassment when exposed to than does NMFS’ historical criteria. level of underwater sound above which underwater anthropogenic noise above exposed marine mammals would be received levels of 160 dB re 1 mPa (rms) These thresholds were developed by reasonably expected to be behaviorally for non-explosive impulsive (e.g., compiling and synthesizing the best harassed (equated to Level B seismic airguns) sources. L–DEO’s available science and soliciting input harassment) or to incur PTS of some proposed activity includes the use of multiple times from both the public and degree (equated to Level A harassment). impulsive seismic sources. Therefore, peer reviewers to inform the final Level B Harassment for non-explosive the 160 dB re 1 mPa (rms) criteria is product, and are provided in Table 2 sources—Though significantly driven by applicable for analysis of level B below. The references, analysis, and received level, the onset of behavioral harassment. methodology used in the development disturbance from anthropogenic noise Level A harassment for non-explosive of the thresholds are described in NMFS exposure is also informed to varying sources—NMFS’ Technical Guidance 2016 Technical Guidance. As described degrees by other factors related to the for Assessing the Effects of above, L–DEO’s proposed activity source (e.g., frequency, predictability, Anthropogenic Sound on Marine includes the use of intermittent and duty cycle), the environment (e.g., Mammal Hearing (NMFS, 2016) impulsive seismic sources.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS

PTS onset thresholds Hearing group Impulsive * Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... LE,OW,24h: 219 dB. Note: * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non- impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area by L–DEO’s model (Diebold et al., 2010) Mexico in 2007–2008 (Tolstoy et al. which uses ray tracing for the direct 2009; Diebold et al. 2010). Here, we describe operational and wave traveling from the array to the environmental parameters of the activity For deep and intermediate-water that will feed into estimating the area receiver and its associated source ghost cases, the field measurements cannot be ensonified above the relevant acoustic (reflection at the air-water interface in used readily to derive Level A and Level thresholds. the vicinity of the array), in a constant- B isopleths, as at those sites the velocity half-space (infinite The proposed surveys would acquire calibration hydrophone was located at a data with the 36-airgun array with a homogeneous ocean layer, unbounded roughly constant depth of 350–500 m, total discharge of 6,600 in3 at a by a seafloor). In addition, propagation which may not intersect all the sound maximum tow depth of 12 m. L–DEO measurements of pulses from the 36- pressure level (SPL) isopleths at their model results are used to determine the airgun array at a tow depth of 6 m have widest point from the sea surface down 160-dBrms radius for the 36-airgun been reported in deep water to the maximum relevant water depth array and 40-in3 airgun at a 12-m tow (approximately 1600 m), intermediate for marine mammals of ∼2,000 m. At depth in deep water (≤1000 m) down to water depth on the slope (approximately short ranges, where the direct arrivals a maximum water depth of 2,000 m. 600–1100 m), and shallow water dominate and the effects of seafloor Received sound levels were predicted (approximately 50 m) in the Gulf of interactions are minimal, the data

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recorded at the deep and slope sites are calibration data show that seafloor- (multiplication) of 1.5, such that suitable for comparison with modeled reflected and sub-seafloor-refracted observed levels at very near offsets fall levels at the depth of the calibration arrivals dominate, whereas the direct below the corrected mitigation curve hydrophone. At longer ranges, the arrivals become weak and/or (See Fig. 16 in Appendix H of NSF– comparison with the model— incoherent. Aside from local topography USGS, 2011). constructed from the maximum SPL effects, the region around the critical Measurements have not been reported through the entire water column at distance is where the observed levels for the single 40-in3 airgun. L–DEO varying distances from the airgun rise closest to the model curve. model results are used to determine the array—is the most relevant. However, the observed sound levels are 160-dB (rms) radius for the 40-in3 In deep and intermediate-water found to fall almost entirely below the airgun at a 12 m tow depth in deep depths, comparisons at short ranges model curve. Thus, analysis of the GoM water (See LGL 2018, Figure A–2). For between sound levels for direct arrivals calibration measurements demonstrates intermediate-water depths, a correction recorded by the calibration hydrophone that although simple, the L–DEO model factor of 1.5 was applied to the deep- and model results for the same array is a robust tool for conservatively water model results. tow depth are in good agreement (Fig. estimating isopleths. 12 and 14 in Appendix H of NSF–USGS, For deep water (>1,000 m), L–DEO L–DEO’s modeling methodology is 2011). Consequently, isopleths falling used the deep-water radii obtained from described in greater detail in the IHA within this domain can be predicted model results down to a maximum application (LGL 2018). The estimated reliably by the L–DEO model, although water depth of 2000 m. The radii for distances to the Level B harassment they may be imperfectly sampled by intermediate water depths (100–1,000 isopleth for the Langseth’s 36-airgun measurements recorded at a single m) were derived from the deep-water array and single 40-in3 airgun are shown depth. At greater distances, the ones by applying a correction factor in Table 3.

TABLE 3—PREDICTED RADIAL DISTANCES FROM R/V LANGSETH SEISMIC SOURCE TO ISOPLETHS CORRESPONDING TO LEVEL B HARASSMENT THRESHOLD

Predicted distances Source and volume Tow depth Water depth (in m) to the 160-dB (m) (m) received sound level

Single Bolt airgun, 40 in3 ...... 12 >1000 1 431 100–1000 2 647 4 strings, 36 airguns, 6,600 in3 ...... 12 >1000 1 6,733 100–1000 2 10,100 1 Distance is based on L–DEO model results. 2 Distance is based on L–DEO model results with a 1.5 × correction factor between deep and intermediate water depths.

Predicted distances to Level A that can be used in conjunction with airguns, not the full array (Tolstoy et al. harassment isopleths, which vary based marine mammal density or occurrence 2009). At larger distances, away from on marine mammal hearing groups, to facilitate the estimation of take the source array center, sound pressure were calculated based on modeling numbers. of all the airguns in the array stack performed by L–DEO using the The values for SELcum and peak SPL coherently, but not within one time NUCLEUS software program and the for the Langseth airgun array were sample, resulting in smaller source NMFS User Spreadsheet, described derived from calculating the modified levels (a few dB) than the source level below. The updated acoustic thresholds farfield signature (Table 4). The farfield derived from the farfield signature. signature is often used as a theoretical for impulsive sounds (e.g., airguns) Because the farfield signature does not representation of the source level. To contained in the Technical Guidance take into account the large array effect compute the farfield signature, the were presented as dual metric acoustic near the source and is calculated as a thresholds using both SEL and peak source level is estimated at a large cum distance below the array (e.g., 9 km), point source, the modified farfield sound pressure metrics (NMFS 2016). and this level is back projected signature is a more appropriate measure As dual metrics, NMFS considers onset mathematically to a notional distance of of the sound source level for distributed of PTS (Level A harassment) to have 1 m from the array’s geometrical center. sound sources, such as airgun arrays. occurred when either one of the two However, when the source is an array of L–DEO used the acoustic modeling metrics is exceeded (i.e., metric multiple airguns separated in space, the methodology as used for Level B resulting in the largest isopleth). The source level from the theoretical farfield harassment with a small grid step of 1 SELcum metric considers both level and signature is not necessarily the best m in both the inline and depth duration of exposure, as well as measurement of the source level that is directions. The propagation modeling auditory weighting functions by marine physically achieved at the source takes into account all airgun mammal hearing group. In recognition (Tolstoy et al. 2009). Near the source (at interactions at short distances from the of the fact that the requirement to short ranges, distances <1 km), the source, including interactions between calculate Level A harassment ensonified pulses of sound pressure from each subarrays which are modeled using the areas could be more technically individual airgun in the source array do NUCLEUS software to estimate the challenging to predict due to the not stack constructively, as they do for notional signature and MATLAB duration component and the use of the theoretical farfield signature. The software to calculate the pressure signal weighting functions in the new SEL cum pulses from the different airguns spread at each mesh point of a grid. thresholds, NMFS developed an out in time such that the source levels optional User Spreadsheet that includes observed or modeled are the result of tools to help predict a simple isopleth the summation of pulses from a few

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TABLE 4—MODELED SOURCE LEVELS BASED ON MODIFIED FARFIELD SIGNATURE FOR THE R/V LANGSETH 6,600 IN3 AIRGUN ARRAY, AND SINGLE 40 IN3 AIRGUN

High Phocid Otariid Low frequency Mid frequency frequency pinnipeds pinnipeds cetaceans cetaceans cetaceans (underwater) (underwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: dB; LE,HF,24h: dB; LE,HF,24h: dB; LE,HF,24h: 183 dB) 185 dB 155 dB) 185 dB) 203 dB)

3 6,600 in airgun array (Peak SPLflat) ...... 252.06 252.65 253.24 252.25 252.52 3 6,600 in airgun array (SELcum) ...... 232.98 232.83 233.08 232.83 232.07 3 40 in airgun (Peak SPLflat) ...... 223.93 N.A. 223.92 223.95 N.A. 3 40 in airgun (SELcum) ...... 202.99 202.89 204.37 202.89 202.35

In order to more realistically incorporated within the User Table 5. User Spreadsheets used by L– incorporate the Technical Guidance’s Spreadsheet (i.e., to override the DEO to estimate distances to Level A weighting functions over the seismic Spreadsheet’s more simple weighting harassment isopleths for the 36-airgun array’s full acoustic band, unweighted factor adjustment). Using the User array and single 40 in3 airgun for the spectrum data for the Langseth’s airgun Spreadsheet’s ‘‘safe distance’’ surveys are shown is Tables A–2, A–3, array (modeled in 1 hertz (Hz) bands) methodology for mobile sources A–5, and A–8 in Appendix A of the IHA was used to make adjustments (dB) to (described by Sivle et al., 2014) with the application (LGL 2018). Outputs from the unweighted spectrum levels, by hearing group-specific weighted source the User Spreadsheets in the form of frequency, according to the weighting levels, and inputs assuming spherical estimated distances to Level A functions for each relevant marine spreading propagation and source harassment isopleths for the surveys are mammal hearing group. These adjusted/ velocities and shot intervals specific to shown in Table 5. As described above, weighted spectrum levels were then each of the three planned surveys (Table NMFS considers onset of PTS (Level A converted to pressures (mPa) in order to 1), potential radial distances to auditory harassment) to have occurred when integrate them over the entire injury zones were then calculated for either one of the dual metrics (SELcum broadband spectrum, resulting in SELcum thresholds. broadband weighted source levels by Inputs to the User Spreadsheets in the and Peak SPLflat) is exceeded (i.e., hearing group that could be directly form of estimated SLs are shown in metric resulting in the largest isopleth).

TABLE 5—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS

High Phocid Otariid Low frequency Mid frequency frequency pinnipeds pinnipeds cetaceans cetaceans cetaceans (underwater) (underwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: dB; LE,HF,24h: dB; LE,HF,24h: dB; LE,HF,24h: 183 dB) 185 dB 155 dB) 185 dB) 203 dB)

3 6,600 in airgun array (Peak SPLflat) ...... 38.9 13.6 268.3 43.7 10.6 3 6,600 in airgun array (SELcum) ...... 320.2 N.A. N.A. N.A. N.A. 3 40 in airgun (Peak SPLflat) ...... 1.76 N.A. 12.5 1.98 N.A. 3 40 in airgun (SELcum) ...... 2.38 N.A. N.A. N.A. N.A.

Note that because of some of the Marine Mammal Occurrence monk seals, NMFS recommended assumptions included in the methods following the methods used by the U.S. used, isopleths produced may be In this section we provide the Navy (Navy 2017a) to determine overestimates to some degree, which information about the presence, density, densities. L–DEO followed a similar will ultimately result in some degree of or group dynamics of marine mammals method, but did not correct for hauled that will inform the take calculations. overestimate of Level A harassment. out animals as haul-out sites are not The best available scientific information However, these tools offer the best way accessible in offshore areas. We was considered in conducting marine to predict appropriate isopleths when determined density by dividing the mammal exposure estimates (the basis number of animals expected to occur in more sophisticated modeling methods for estimating take). are not available, and NMFS continues the Hawaiian EEZ in water depths >200 to develop ways to quantitatively refine In the proposed survey area in the m. According to the U.S. Navy (Navy these tools and will qualitatively Hawaiian EEZ, densities from Bradford 2017a), 90 percent of the population may be found within the 200-m isobath; address the output where appropriate. et al. (2017) were used, when available. For the pygmy sperm whale, dwarf therefore 10 percent of the population For mobile sources, such as the sperm whale, and spinner dolphin, (127 of 1272 animals; Carretta et al. proposed seismic survey, the User densities from Barlow et al. (2009) were 2017) is expected to occur outside of the Spreadsheet predicts the closest used because densities were not 200-m isobath. The area within the distance at which a stationary animal provided by Bradford et al. (2017). For Hawaii EEZ but outside of the 200-m would not incur PTS if the sound source the humpback, minke, and killer isobath was estimated by the U.S. Navy traveled by the animal in a straight line whales, the calculated take was to be 2,461,994 km2 (Navy 2017a). Thus, at a constant speed. increased to mean group size, based on we estimated the average density of Bradford et al. (2017). For Hawaiian monk seals at sea where they could be

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exposed to seismic sounds as 127/ The short-beaked common dolphin is not vary greatly from the eastern DPS. 2,461,994 km2 = 0.0000517/km2. No expected to be rare in the Emperor As such, NMFS assumes that there will haul-out factors were used to adjust this Seamounts survey area; thus, there are be two western DPS gray whales Level density, as it is not possible that animals no density estimates available. L–DEO B takes, based on mean group size. would haul out beyond the 200-m used the mean group size (rounded up) Finally, no northern elephant seals isobath. Densities for the Hawaii portion for the California Current from Barlow have been reported during any of the of the survey are shown in Table 7. (2016). The density of Bryde’s whale in There are very few published data on the proposed survey area was assumed above surveys although Buckland et al. the densities of cetaceans or pinnipeds to be zero, based on information from (1993) estimated fur seal abundance in the Emperor Seamounts area, so Hakamada et al. (2009, 2017) and during their surveys. Telemetry studies, NMFS relied on a range of sources to Forney et al. (2015); its known however, indicate that elephant seals do establish marine mammal densities. As distribution range does not appear to forage as far west as the proposed part of the Navy’s Final Supplemental extend that far north. For this species, Emperor Seamounts survey area. Here, Environmental Impact Statement/ L–DEO rounded up the mean group size L–DEO assumed a density of 0.00831/ Supplemental Overseas Environmental from Bradford et al. (2017). For pygmy 1000 km2, which is 10 percent of that Impact Statement for SURTASS LFA and dwarf sperm whales NMFS used by LGL Limited (2017) for an area Sonar Routine Training, Testing, and assumed densities in the Emperor off the west coast of the United States. Military Operations, the Navy modelled Seamounts would be equivalent to those However, densities of northern elephant densities for a designated mission area in the Hawaii survey are and used seals in the region are expected to be northeast of Japan during the summer densities from Bradford et al. 2017. much less than densities of northern fur season. These values were used for the The densities for the remaining seals. For species that are unlikely to North Pacific right whale, sei whale, fin species were obtained from calculations occur in the survey area, such as ribbon whale, sperm whale, Cuvier’s beaked using data from the papers presented to seals, proposed exposures are set at 5 whale, Stejneger’s beaked whale, and the IWC. For blue and humpback individuals. Densities for Emperor are Baird’s beaked whale. whales, L–DEO used a weighted mean shown in Table 8. For northern right whale dolphin, density from Matsuoka et al. (2009) for Dall’s porpoise, and northern fur seal, the years 1994–2007 and Hakamada and Take Calculation and Estimation L–DEO used densities from Buckland et Matsuoka (2015) for the years 2008– al. (1993). Forney and Wade (2006) 2014. L–DEO used Matsuoka et al. Here we describe how the information reported a density of 0.3/100 km2 for (2009) instead of Matsuoka et al. (2015), provided above is brought together to killer whales at latitudes 43–48° N as the later document did not contain all produce a quantitative take estimate. In where the proposed survey would be of the necessary information to calculate order to estimate the number of marine conducted. Although Miyashita (1993) densities. L–DEO used densities for mammals predicted to be exposed to published data on the abundance of their Block 9N which coincides with the sound levels that would result in Level striped, Pantropical spotted, bottlenose, proposed Emperor Seamounts survey A harassment or Level B harassment, and Risso’s dolphins, and false killer area. The density for each survey period radial distances from the airgun array to and short-finned pilot whales in the was weighted by the number of years in predicted isopleths corresponding to the Northwest Pacific Ocean as far north as the survey period; that is, 14 years for ° Level A harassment and Level B 41 N, the distributional range of the Matsuoka et al. (2009) and 7 years for harassment thresholds are calculated, as Pantropical spotted and bottlenose Hakamada and Matsuoka (2015), to described above. Those radial distances dolphins does not extend as far north as obtain a final density for the 21-year are then used to calculate the area(s) the proposed survey area. For the other period. For minke whales L–DEO used around the airgun array predicted to be species, we used data from 40–41° N, the estimates of numbers of whales in ensonified to sound levels that exceed 160–180° E to calculate densities and survey blocks overlapping the Emperor estimate the numbers of individuals that Seamounts survey area from Hakamada the Level A harassment and Level B could be exposed to seismic sounds et al. (2009); densities were estimated harassment thresholds. The area during the proposed survey. Risso’s by dividing the number of whales in estimated to be ensonified in a single dolphin, false killer whale, and short- Block 9N by the area of Block 9N. For day of the survey is then calculated finned pilot whale are expected to be gray whales, NMFS used a paper by (Table 6), based on the areas predicted rare in the proposed survey area, and Rugh et al. (2005) that looked at to be ensonified around the array and the calculated densities were zero. abundance of eastern DPS gray whales. the estimated trackline distance traveled Thus, we used the mean group size from The paper provides mean group sizes per day. This number is then multiplied Bradford et al. (2017) for Risso’s for their surveys, which ranged from 1 by the number of survey days. Active dolphin and short-finned pilot whale, to 2 individuals. For purposes of seismic operations are planned for 13 and the mean group size of false killer estimating exposures we will assume days at Emperor Seamounts and 19 days whales from Barlow (2006). that the western DPS group sizes would at Hawaii.

TABLE 6—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS, PER DAY FOR HAWAII AND EMPEROR SEAMOUNTS SURVEYS

Daily Total ensonified Total 25% ensonified Relevant Survey Criteria area survey days increase area isopleth (m) (km 2) (km 2)

Hawaii Level B

Multi-depth line (intermediate water) ...... 160 dB ...... 538.5 12 1.25 8076.9 10,100 Multi-depth line (deep water) ...... 160 dB ...... 2349.8 12 1.25 35246.4 6,733

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TABLE 6—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS, PER DAY FOR HAWAII AND EMPEROR SEAMOUNTS SURVEYS—Continued

Daily Total Relevant Survey Criteria ensonified Total 25% ensonified isopleth area survey days increase area (m) (km 2) (km 2)

Multi-depth line (total) ...... 160 dB ...... 2888.2 12 1.25 43323.3 6,733 Deep-water line ...... 160 dB ...... 2566.3 7 1.25 22455.1 6,733

Hawaii Level A 1

Hawaii ...... LF Cetacean .. 115.6 19 1.25 2745.4 320.2 MF Cetacean 4.9 19 1.25 116.3 13.6 HF Cetacean 96.8 19 1.25 2299.3 268.3 Phocid ...... 15.7 19 1.25 373.8 43.7

Emperor Seamounts Level B

Emperor Seamounts ...... 160 dB ...... 2566.3 13 1.25 41702.4 6,733

Emperor Seamounts Level A 1

Emperor Seamounts ...... LF Cetacean .. 115.6 13 1.25 1878.4 320.2

MF Cetacean 4.9 13 1.25 79.6 13.6 HF Cetacean 96.8 13 1.25 1573.2 268.3 Phocid ...... 15.7 13 1.25 255.7 43.7 Otariid ...... 3.8 13 1.25 62 10.6

1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peakSPL).

The product is then multiplied by ensonified to Level A harassment marine mammals predicted to occur 1.25 to account for the additional 25 thresholds are subtracted from total within these respective areas, based on percent contingency. This results in an areas estimated to be ensonified to Level estimated densities, are assumed to be estimate of the total areas (km2) B harassment thresholds in order to incidentally taken. expected to be ensonified to the Level avoid double counting the animals Estimated exposures for the Hawaii A harassment and Level B harassment taken (i.e., if an animal is taken by Level survey and the Emperor Seamounts thresholds. For purposes of Level B take A harassment, it is not also counted as survey are shown respectively in Table calculations, areas estimated to be taken by Level B harassment). The 7 and Table 8. TABLE 7—DENSITIES, ESTIMATED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF STOCK OR POPULATION EXPOSED DURING HAWAII SURVEY

Percentage Takes proposed for Species Stock Density Total Level A Level B of stock/ authorization (#/1000 km2 ) exposures population Level A Level B

Mysticetes: Humpback Whale ...... Central North Pa- ...... 4 2 ...... 2 <0.01 0 2 cific. Western North Pa- ...... 0.2 ...... cific. Minke whale ...... Hawaii ...... 3 0 4 1 0 0 <0.01 0 1 Bryde’s whale ...... Hawaii ...... 1 0.72 49 2 47 2.8 2 47 Sei whale ...... Hawaii ...... 1 0.16 11 0 11 6.2 0 11 Fin whale ...... Hawaii ...... 1 0.06 4 0 4 2.7 0 4 Blue whale ...... Central north Pa- 1 0.05 5 0 5 3.9 0 5 cific. Odontocetes: Sperm whale ...... Hawaii ...... 1 1.86 122 0 122 2.7 0 122 Pygmy sperm whale ...... Hawaii ...... 2 2.91 198 7 191 2.8 7 191 Dwarf sperm whale ...... Hawaii ...... 2 7.14 486 16 470 2.8 16 470 Cuvier’s beaked whale ...... Hawaii pelagic ...... 1 0.30 20 0 20 2.7 0 20 Longman’s beaked whale ...... Hawaii ...... 1 3.11 205 0 205 2.7 0 205 Blainville’s beaked whale ...... Hawaii pelagic ...... 1 0.86 57 0 57 2.7 0 57 Ginkgo-toothed beaked whale .... N/A ...... 6 0.63 41 0 41 0.16 0 41 Deraniygala’s beaked whale ...... N/A ...... 6 0.63 41 0 41 0.16 0 41 Hubb’s beaked whale ...... N/A ...... 6 0.63 41 0 41 0.16 0 41 Rough-toothed dolphin ...... Hawaii ...... 1 29.63 1,952 3 1,949 2.7 0 1,952 Common bottlenose dolphin ...... HI Pelagic ...... 1 8.99 592 1 591 7 2.7 0 592 Oahu ...... 0.4 ...... 4 islands ...... 1.5 ...... HI Islands ...... 2.3 ...... Pantropical spotted dolphin ...... HI Pelagic ...... 1 23.32 1,534 3 1531 8 1.3 0 1,354

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TABLE 7—DENSITIES, ESTIMATED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF STOCK OR POPULATION EXPOSED DURING HAWAII SURVEY—Continued

Percentage Takes proposed for Species Stock Density Total Level A Level B of stock/ authorization (#/1000 km2 ) exposures population Level A Level B

Oahu ...... N.A...... 4 island ...... N.A...... HI Islands ...... N.A...... Spinner dolphin ...... HI Pelagic ...... 2 6.99 461 1 460 N.A. 0 461 HI Island ...... 9 10.9 ...... Oahu/4 island ...... 19.4 ...... Striped dolphin ...... HI Pelagic ...... 1 5.36 354 1 353 0.6 0 354 Fraser’s dolphin ...... Hawaii ...... 1 21.0 1,383 2 1381 2.7 0 1,383 Risso’s dolphin ...... Hawaii ...... 1 4.74 313 1 312 2.7 0 313 Melon-headed whale ...... HI Islands ...... 1 3.54 233 0 233 10 2.4 0 233 Kohala resident ...... 5.2 ...... Pygmy killer whale ...... Hawaii ...... 1 4.35 287 1 286 2.7 0 287 False killer whale ...... MHI Insular ...... 5 0.0.09 6 0 6 3.5 0 6 HI Pelagic ...... 5 0.06 4 0 4 0.26 0 4 Killer whale ...... Hawaiian Islands .. 1 0.06 4 5 0 4 2.7 0 5 Short-finned pilot whale ...... Hawaii ...... 1 7.97 525 1 524 2.7 0 525 Pinnipeds: Hawaiian monk seal ...... Hawaii ...... 3 0.051 3 0 3 0.15 0 3 1 Bradford et al. 2017. 2 Barlow et al. 2009. 3 U.S. Department of the Navy. (2017a). U.S. Navy Marine Species Density Database Phase III for the Hawaii-Southern California Training and Testing Study Area. NAVFAC Pacific Technical Report. Naval Facilities Engineering Command Pacific, Pearl Harbor, HI. 274 pp. Navy, 2017. 4 Requested take authorization (Level B only) increased to mean group size from Bradford et al., 2017. 5 Bradford et al. 2015. 6 From Bradford et al. (2017) for ‘Unidentified Mesoplodon’ proportioned equally among Mesoplodon spp., except M. densirostris. 7 Assumes 98.5 percent of proposed takes are from Hawaii pelagic stock (583) with remaining 9 animals split evenly among Oahu, 4 Islands, and Hawaiian Islands stock. 8 Assumes 50 percent of proposed takes are from Hawaii pelagic stock (767) since most sightings occur in waters between 1,500 -5,000 m. The remainder are split evenly (256) between Hawaiian Islands, 4 islands, and Oahu stocks. Populations of insular stocks are unknown. 9 Assumes 70 percent of proposed takes from Hawaii pelagic stock (323) since most of the survey tracklines will occur outside of boundary ranges of Hawaii Island and Oahu/4 island stocks. Assumes remaining takes (138) are split evenly between Hawaii Island (69) and Oahu/4 island (69) stocks. 10 Assumes 90 percent of takes from Hawaiian Islands stock (210) and 10 percent from Kohala resident stock which has a small range.

TABLE 8—DENSITIES, ESTIMATED LEVEL A AND LEVEL B EXPOSURES, PERCENTAGE OF STOCK OR POPULATION EXPOSED, AND NUMBER OF TAKES PROPOSED FOR AUTHORIZATION DURING EMPEROR SEAMOUNTS SURVEY

Takes proposed for Estimated Total Level A Level B % of Pop. authorization Species Stock density 2 exposures takes takes (total takes) (#/1000 km ) Level A Level B

Mysticetes. Gray whale ...... N/A ...... N.A. 2 2 0 2 1.43 0 2 North Pacific right whale ...... N/A/ ...... 1 0.01 10 2 0 0 0.44 0 2 Humpback whale ...... Central North Pa- 1 0.41 16 1 15 11 0.16 1 16 cific. Western North Pa- 2 0 2 11 0.18 0 2 cific DPS. Minke whale ...... N/A ...... 2.48 108 5 103 0.49 5 108 Bryde’s whale ...... N/A ...... N.A. 3 2 N.A. N.A. <0.01 0 2 Sei whale ...... N/A ...... 1 0.29 13 1 12 0.05 1 12 Fin whale ...... N/A ...... 1 0.20 9 0 8 0.06 0 8 Blue whale ...... Central north Pa- 0.13 5 0 5 3.7 0 5 cific. Odontocetes: Sperm whale ...... N/A ...... 1 2.20 92 0 92 0.31 0 92 Pygmy sperm whale ...... N/A ...... 4 2.91 126 5 121 1.76 5 121 Dwarf sperm whale ...... N/A ...... 4 7.14 309 11 298 1.76 11 298 Cuvier’s beaked whale ...... N/A ...... 1 5.40 225 0 225 1.13 0 225 Stejner’s beaked whale ...... Alaska ...... 1 0.5 21 0 21 0.08 0 21 Baird’s beaked whale ...... N/A ...... 1 2.9 121 0 121 1.19 0 121 Short-beaked common dolphin ... N/A ...... 5 180 N.A. N.A. N.A. <0.01 0 180 Striped dolphin ...... N/A ...... 6 9.21 385 1 384 0.04 0 385 Pacific white-sided dolphin ...... N/A ...... 7 68.81 2,875 5 2,870 0.29 0 2,875 Northern right whale dolphin ...... N/A ...... 7 3.37 141 0 141 0.05 0 141 Risso’s dolphin ...... N/A ...... 3 27 1,128 2 1,126 1.02 0 1,128 False killer whale ...... N/A ...... 5 10 418 1 417 2.51 0 418 Killer whale ...... N/A ...... 8 3.00 125 0 125 1.47 0 125 Short-finned pilot whale ...... N/A ...... 3 41 1,713 3 1,710 3.2 0 1,713 Dall’s porpoise ...... N/A ...... 35.46 1,535 56 1,479 0.13 56 1,479 Pinnipeds: Northern fur seal ...... N/A ...... 7 3.56 149 0 148 0.01 0 148 Northern elephant seal ...... N/A ...... 8.31 349 2 347 0.16 2 347 Ribbon seal ...... Alaska ...... N.A. 9 5 0 5 <0.01 0 5 1 Navy 2017b. Final Supplemental Environmental Impact Statement/Supplemental Overseas Environmental Impact Statement.

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2 Mean group size based on Rugh et al. (2005). 3 Mean group size from Bradford et al. (2017). 4 Bradford et al. (2017). 5 Mean group size from Barlow (2016). 6 Miyashita (1993). 7 Buckland et al. (1993). 8 Forney and Wade (2006). 9 Estimated exposures increased to 5 for pinnipeds. 10 Mean group size from Matsuoka et al. (2009). 11 Based on population size, take is split proportionally between central north Pacific (91.2 percent of total take) and western north Pacific DPS stocks (9.8 percent of total take).

Estimated exposures are tabulated in stocks and their habitat (50 CFR Vessel-Based Visual Mitigation Table 7 and Table 8. The sum will be 216.104(a)(11)). Monitoring the total number of takes proposed for In evaluating how mitigation may or Visual monitoring requires the use of authorization. Table 7 and Table 8 may not be appropriate to ensure the trained observers (herein referred to as contain the numbers of animals least practicable adverse impact on visual PSOs) to scan the ocean surface proposed for authorized take. species or stocks and their habitat, as visually for the presence of marine It should be noted that the proposed well as subsistence uses where mammals. The area to be scanned take numbers shown in Tables 7 and 8 visually includes primarily the are expected to be conservative for applicable, we carefully consider two primary factors: exclusion zone, but also the buffer zone. several reasons. First, in the calculations The buffer zone means an area beyond of estimated take, 25 percent has been (1) the manner in which, and the the exclusion zone to be monitored for added in the form of operational survey degree to which, the successful the presence of marine mammals that days to account for the possibility of implementation of the measure(s) is may enter the exclusion zone. During additional seismic operations associated expected to reduce impacts to marine pre-clearance monitoring (i.e., before with airgun testing and repeat coverage mammals, marine mammal species or ramp-up begins), the buffer zone also of any areas where initial data quality is stocks, and their habitat. This considers acts as an extension of the exclusion sub-standard, and in recognition of the the nature of the potential adverse zone in that observations of marine uncertainties in the density estimates impact being mitigated (likelihood, mammals within the buffer zone would used to estimate take as described scope, range). It further considers the also prevent airgun operations from above. Additionally, marine mammals likelihood that the measure will be beginning (i.e. ramp-up). The buffer would be expected to move away from effective if implemented (probability of zone encompasses the area at and below a loud sound source that represents an accomplishing the mitigating result if the sea surface from the edge of the 0– aversive stimulus, such as an airgun implemented as planned) the likelihood 500 meter exclusion zone, out to a array, potentially reducing the number of effective implementation (probability radius of 1,000 meters from the edges of of Level A takes. However, the extent to implemented as planned), and the airgun array (500–1,000 meters). which marine mammals would move (2) the practicability of the measures Visual monitoring of the exclusion away from the sound source is difficult for applicant implementation, which zones and adjacent waters is intended to to quantify and is, therefore, not establish and, when visual conditions may consider such things as cost, accounted for in the take estimates. allow, maintain zones around the sound impact on operations,. Note that for some marine mammal source that are clear of marine species, we propose to authorize a L–DEO has reviewed mitigation mammals, thereby reducing or different number of incidental takes measures employed during seismic eliminating the potential for injury and than the number of incidental takes research surveys authorized by NMFS minimizing the potential for more requested by L–DEO (see Table 5 and under previous incidental harassment severe behavioral reactions for animals Table 6 in the IHA application for authorizations, as well as recommended occurring close to the vessel. Visual requested take numbers). best practices in Richardson et al. monitoring of the buffer zone is Proposed Mitigation (1995), Pierson et al. (1998), Weir and intended to (1) provide additional Dolman (2007), Nowacek et al. (2013), protection to naı¨ve marine mammals In order to issue an IHA under Wright (2014), and Wright and that may be in the area during pre- Section 101(a)(5)(D) of the MMPA, Cosentino (2015), and has incorporated clearance, and (2) during airgun use, aid NMFS must set forth the permissible a suite of proposed mitigation measures in establishing and maintaining the methods of taking pursuant to such into their project description based on exclusion zone by alerting the visual activity, ‘‘and other means of effecting the above sources. observer and crew of marine mammals the least practicable impact on such that are outside of, but may approach To reduce the potential for species or stock and its habitat, paying and enter, the exclusion zone. particular attention to rookeries, mating disturbance from acoustic stimuli L–DEO must use at least five grounds, and areas of similar associated with the activities, L–DEO dedicated, trained, NMFS-approved significance, and on the availability of has proposed to implement mitigation Protected Species Observers (PSOs). The such species or stock for taking’’ for measures for marine mammals. PSOs must have no tasks other than to certain subsistence uses (latter not Mitigation measures that would be conduct observational effort, record applicable for this action). NMFS adopted during the proposed surveys observational data, and communicate regulations require applicants for include (1) Vessel-based visual with and instruct relevant vessel crew incidental take authorizations to include mitigation monitoring; (2) Vessel-based with regard to the presence of marine information about the availability and passive acoustic monitoring; (3) mammals and mitigation requirements. feasibility (economic and technological) Establishment of an exclusion zone; (4) PSO resumes shall be provided to of equipment, methods, and manner of Power down procedures; (5) Shutdown NMFS for approval. conducting such activity or other means procedures; (6) Ramp-up procedures; At least one of the visual and two of of effecting the least practicable adverse and (7) Vessel strike avoidance the acoustic PSOs aboard the vessel impact upon the affected species or measures. must have a minimum of 90 days at-sea

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experience working in those roles, bearing and the degree of confidence in by at a minimum one on duty acoustic respectively, during a deep penetration the determination. Any observations of PSO beginning at least 30 minutes prior (i.e., ‘‘high energy’’) seismic survey, marine mammals by crew members to ramp-up and at all times during use with no more than 18 months elapsed shall be relayed to the PSO team. During of the acoustic source. Acoustic PSOs since the conclusion of the at-sea good conditions (e.g., daylight hours; may be on watch for a maximum of four experience. One visual PSO with such Beaufort sea state (BSS) 3 or less), visual consecutive hours followed by a break experience shall be designated as the PSOs shall conduct observations when of at least one hour between watches lead for the entire protected species the acoustic source is not operating for and may conduct a maximum of 12 observation team. The lead PSO shall comparison of sighting rates and hours of observation per 24-hour period. serve as primary point of contact for the behavior with and without use of the Combined observational duties (acoustic vessel operator and ensure all PSO acoustic source and between acquisition and visual but not at same time) may requirements per the IHA are met. To periods, to the maximum extent not exceed 12 hours per 24-hour period the maximum extent practicable, the practicable. Visual PSOs may be on for any individual PSO. experienced PSOs should be scheduled watch for a maximum of two Survey activity may continue for 30 to be on duty with those PSOs with consecutive hours followed by a break minutes when the PAM system appropriate training but who have not of at least one hour between watches malfunctions or is damaged, while the yet gained relevant experience. and may conduct a maximum of 12 PAM operator diagnoses the issue. If the During survey operations (e.g., any hours of observation per 24-hour period. diagnosis indicates that the PAM system day on which use of the acoustic source Combined observational duties (visual must be repaired to solve the problem, is planned to occur, and whenever the and acoustic but not at same time) may operations may continue for an acoustic source is in the water, whether not exceed 12 hours per 24-hour period additional two hours without acoustic activated or not), a minimum of two for any individual PSO. monitoring during daylight hours only visual PSOs must be on duty and under the following conditions: conducting visual observations at all Passive Acoustic Monitoring • Sea state is less than or equal to times during daylight hours (i.e., from Acoustic monitoring means the use of BSS 4; 30 minutes prior to sunrise through 30 trained personnel (sometimes referred to • No marine mammals (excluding minutes following sunset) and 30 as passive acoustic monitoring (PAM) delphinids) detected solely by PAM in minutes prior to and during nighttime operators, herein referred to as acoustic the applicable exclusion zone in the ramp-ups of the airgun array. Visual PSOs) to operate PAM equipment to previous two hours; monitoring of the exclusion and buffer acoustically detect the presence of • NMFS is notified via email as soon zones must begin no less than 30 marine mammals. Acoustic monitoring as practicable with the time and minutes prior to ramp-up and must involves acoustically detecting marine location in which operations began continue until one hour after use of the mammals regardless of distance from occurring without an active PAM acoustic source ceases or until 30 the source, as localization of animals system; and minutes past sunset. Visual PSOs shall may not always be possible. Acoustic • Operations with an active acoustic coordinate to ensure 360° visual monitoring is intended to further source, but without an operating PAM coverage around the vessel from the support visual monitoring (during system, do not exceed a cumulative total most appropriate observation posts, and daylight hours) in maintaining an of four hours in any 24-hour period. exclusion zone around the sound source shall conduct visual observations using Establishment of an Exclusion Zone and that is clear of marine mammals. In binoculars and the naked eye while free Buffer Zone from distractions and in a consistent, cases where visual monitoring is not systematic, and diligent manner. PSOs effective (e.g., due to weather, An exclusion zone (EZ) is a defined shall establish and monitor the nighttime), acoustic monitoring may be area within which occurrence of a exclusion and buffer zones. These zones used to allow certain activities to occur, marine mammal triggers mitigation shall be based upon the radial distance as further detailed below. action intended to reduce the potential from the edges of the acoustic source Passive acoustic monitoring (PAM) for certain outcomes, e.g., auditory (rather than being based on the center of would take place in addition to the injury, disruption of critical behaviors. the array or around the vessel itself). visual monitoring program. Visual The PSOs would establish a minimum During use of the acoustic source (i.e., monitoring typically is not effective EZ with a 500 m radius for the 36 airgun anytime airguns are active, including during periods of poor visibility or at array. The 500 m EZ would be based on ramp-up), occurrences of marine night, and even with good visibility, is radial distance from any element of the mammals within the buffer zone (but unable to detect marine mammals when airgun array (rather than being based on outside the exclusion zone) shall be they are below the surface or beyond the center of the array or around the communicated to the operator to visual range. Acoustical monitoring can vessel itself). With certain exceptions prepare for the potential shutdown or be used in addition to visual (described below), if a marine mammal powerdown of the acoustic source. observations to improve detection, appears within or enters this zone, the During use of the airgun (i.e., anytime identification, and localization of acoustic source would be shut down. the acoustic source is active, including cetaceans. The acoustic monitoring The 500 m EZ is intended to be ramp-up), occurrences of marine would serve to alert visual PSOs (if on precautionary in the sense that it would mammals within the buffer zone (but duty) when vocalizing cetaceans are be expected to contain sound exceeding outside the exclusion zone) should be detected. It is only useful when marine the injury criteria for all cetacean communicated to the operator to mammals call, but it can be effective hearing groups, (based on the dual prepare for the potential shutdown or either by day or by night, and does not criteria of SELcum and peak SPL), while powerdown of the acoustic source. depend on good visibility. It would be also providing a consistent, reasonably Visual PSOs will immediately monitored in real time so that the visual observable zone within which PSOs communicate all observations to the on observers can be advised when would typically be able to conduct duty acoustic PSO(s), including any cetaceans are detected. effective observational effort. determination by the PSO regarding The R/V Langseth will use a towed Additionally, a 500 m EZ is expected to species identification, distance, and PAM system, which must be monitored minimize the likelihood that marine

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mammals will be exposed to levels zone during the 30 minute pre-clearance all individual airgun elements of the likely to result in more severe period, ramp-up may not begin until the array while a powerdown requires behavioral responses. Although animal(s) has been observed exiting the immediate de-activation of all significantly greater distances may be zones or until an additional time period individual airgun elements of the array observed from an elevated platform has elapsed with no further sightings except the single 40-in3 airgun. Any under good conditions, we believe that (15 minutes for small odontocetes and PSO on duty will have the authority to 500 m is likely regularly attainable for 30 minutes for all other species). delay the start of survey operations or to PSOs using the naked eye during typical • Ramp-up shall begin by activating a call for shutdown or powerdown of the conditions. single airgun of the smallest volume in acoustic source if a marine mammal is the array and shall continue in stages by detected within the applicable Pre-Clearance and Ramp-Up doubling the number of active elements exclusion zone. The operator must also Ramp-up (sometimes referred to as at the commencement of each stage, establish and maintain clear lines of ‘‘soft start’’) means the gradual and with each stage of approximately the communication directly between PSOs systematic increase of emitted sound same duration. Duration shall not be on duty and crew controlling the levels from an airgun array. Ramp-up less than 20 minutes. The operator must acoustic source to ensure that shutdown begins by first activating a single airgun provide information to the PSO and powerdown commands are of the smallest volume, followed by documenting that appropriate conveyed swiftly while allowing PSOs doubling the number of active elements procedures were followed. to maintain watch. When both visual in stages until the full complement of an • PSOs must monitor the exclusion and acoustic PSOs are on duty, all array’s airguns are active. Each stage and buffer zones during ramp-up, and detections will be immediately should be approximately the same ramp-up must cease and the source communicated to the remainder of the duration, and the total duration should must be shut down upon observation of on-duty PSO team for potential not be less than approximately 20 a marine mammal within the applicable verification of visual observations by the minutes. The intent of pre-clearance exclusion zone. Once ramp-up has acoustic PSO or of acoustic detections observation (30 minutes) is to ensure no begun, observations of marine mammals by visual PSOs. When the airgun array protected species are observed within within the buffer zone do not require is active (i.e., anytime one or more the buffer zone prior to the beginning of shutdown or powerdown, but such airguns is active, including during ramp-up. During pre-clearance is the observation shall be communicated to ramp-up and powerdown) and (1) a only time observations of protected the operator to prepare for the potential marine mammal appears within or species in the buffer zone would shutdown or powerdown. enters the applicable exclusion zone prevent operations (i.e., the beginning of • Ramp-up may occur at times of and/or (2) a marine mammal (other than ramp-up). The intent of ramp-up is to poor visibility, including nighttime, if delphinids, see below) is detected warn protected species of pending appropriate acoustic monitoring has acoustically and localized within the seismic operations and to allow occurred with no detections in the 30 applicable exclusion zone, the acoustic sufficient time for those animals to leave minutes prior to beginning ramp-up. source will be shut down. When the immediate vicinity. A ramp-up Acoustic source activation may only shutdown is called for by a PSO, the procedure, involving a step-wise occur at times of poor visibility where acoustic source will be immediately increase in the number of airguns firing operational planning cannot reasonably deactivated and any dispute resolved and total array volume until all avoid such circumstances. only following deactivation. operational airguns are activated and • If the acoustic source is shut down Additionally, shutdown will occur the full volume is achieved, is required for brief periods (i.e., less than 30 whenever PAM alone (without visual at all times as part of the activation of minutes) for reasons other than that sighting), confirms presence of marine the acoustic source. All operators must described for shutdown and powerdown mammal(s) in the EZ. If the acoustic adhere to the following pre-clearance (e.g., mechanical difficulty), it may be PSO cannot confirm presence within the and ramp-up requirements: activated again without ramp-up if PSOs EZ, visual PSOs will be notified but • The operator must notify a have maintained constant visual and/or shutdown is not required. designated PSO of the planned start of acoustic observation and no visual or Following a shutdown, airgun activity ramp-up as agreed upon with the lead acoustic detections of marine mammals would not resume until the marine PSO; the notification time should not be have occurred within the applicable mammal has cleared the 500 m EZ. The less than 60 minutes prior to the exclusion zone. For any longer animal would be considered to have planned ramp-up in order to allow the shutdown, pre-clearance observation cleared the 500 m EZ if it is visually PSOs time to monitor the exclusion and and ramp-up are required. For any observed to have departed the 500 m buffer zones for 30 minutes prior to the shutdown at night or in periods of poor EZ, or it has not been seen within the initiation of ramp-up (pre-clearance). visibility (e.g., BSS 4 or greater), ramp- 500 m EZ for 15 min in the case of small • Ramp-ups shall be scheduled so as up is required, but if the shutdown odontocetes and pinnipeds, or 30 min in to minimize the time spent with the period was brief and constant the case of mysticetes and large source activated prior to reaching the observation was maintained, pre- odontocetes, including sperm, pygmy designated run-in. clearance watch of 30 min is not sperm, dwarf sperm, and beaked • One of the PSOs conducting pre- required. whales. clearance observations must be notified • Testing of the acoustic source The shutdown requirement can be again immediately prior to initiating involving all elements requires ramp- waived for small dolphins in which case ramp-up procedures and the operator up. Testing limited to individual source the acoustic source shall be powered must receive confirmation from the PSO elements or strings does not require down to the single 40-in3 airgun if an to proceed. ramp-up but does require pre-clearance individual is visually detected within • Ramp-up may not be initiated if any of 30 min. the exclusion zone. As defined here, the marine mammal is within the applicable small delphinoid group is intended to exclusion or buffer zone. If a marine Shutdown and Powerdown encompass those members of the Family mammal is observed within the The shutdown of an airgun array Delphinidae most likely to voluntarily applicable exclusion zone or the buffer requires the immediate de-activation of approach the source vessel for purposes

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of interacting with the vessel and/or a power-down/shutdown requirement and regardless of vessel size, to avoid airgun array (e.g., bow riding). This for large delphinoids would not have striking any marine mammal. A single exception to the shutdown requirement similar impacts in terms of either marine mammal at the surface may would apply solely to specific genera of practicability for the applicant or indicate the presence of submerged small dolphins—Tursiops, Delphinus, corollary increase in sound energy animals in the vicinity of the vessel; Lagenodelphis, Lagenorhynchus, output and time on the water. We do therefore, precautionary measures Lissodelphis, Stenella and Steno—The anticipate some benefit for a power- should be exercised when an animal is acoustic source shall be powered down down/shutdown requirement for large observed. A visual observer aboard the to 40-in3 airgun if an individual delphinoids in that it simplifies vessel must monitor a vessel strike belonging to these genera is visually somewhat the total range of decision- avoidance zone around the vessel detected within the 500 m exclusion making for PSOs and may preclude any (specific distances detailed below), to zone. potential for physiological effects other ensure the potential for strike is b. Powerdown conditions shall be than to the auditory system as well as minimized. Visual observers monitoring maintained until delphinids for which some more severe behavioral reactions the vessel strike avoidance zone can be shutdown is waived are no longer for any such animals in close proximity either third-party observers or crew observed within the 500 m exclusion to the source vessel. members, but crew members zone, following which full-power Powerdown conditions shall be responsible for these duties must be operations may be resumed without maintained until the marine mammal(s) provided sufficient training to ramp-up. Visual PSOs may elect to of the above listed genera are no longer distinguish marine mammals from other waive the powerdown requirement if observed within the exclusion zone, phenomena and broadly to identify a delphinids for which shutdown is following which full-power operations marine mammal to broad taxonomic waived to be voluntarily approaching may be resumed without ramp-up. group (i.e., as a large whale or other the vessel for the purpose of interacting Additionally, visual PSOs may elect to marine mammal). with the vessel or towed gear, and may waive the powerdown requirement if 2. Vessel speeds must be reduced to use best professional judgment in the small dolphin(s) appear to be 10 kn or less when mother/calf pairs, making this decision. voluntarily approaching the vessel for pods, or large assemblages of any We include this small delphinoid the purpose of interacting with the marine mammal are observed near a exception because power-down/ vessel or towed gear, and may use best vessel. shutdown requirements for small professional judgment in making this 3. All vessels must maintain a delphinoids under all circumstances decision. Visual PSOs shall use best minimum separation distance of 100 m represent practicability concerns professional judgment in making the from large whales (i.e., sperm whales without likely commensurate benefits decision to call for a shutdown if there and all baleen whales. for the animals in question. Small is uncertainty regarding identification 4. All vessels must attempt to delphinoids are generally the most (i.e., whether the observed marine maintain a minimum separation commonly observed marine mammals mammal(s) belongs to one of the distance of 50 m from all other marine in the specific geographic region and delphinid genera for which shutdown is mammals, with an exception made for would typically be the only marine waived or one of the species with a mammals likely to intentionally larger exclusion zone). If PSOs observe those animals that approach the vessel. approach the vessel. As described any behaviors in a small delphinid for 5. When marine mammals are sighted above, auditory injury is extremely which shutdown is waived that indicate while a vessel is underway, the vessel unlikely to occur for mid-frequency an adverse reaction, then powerdown should take action as necessary to avoid cetaceans (e.g., delphinids), as this will be initiated immediately. violating the relevant separation group is relatively insensitive to sound Upon implementation of shutdown, distance (e.g., attempt to remain parallel produced at the predominant the source may be reactivated after the to the animal’s course, avoid excessive frequencies in an airgun pulse while marine mammal(s) has been observed speed or abrupt changes in direction also having a relatively high threshold exiting the applicable exclusion zone until the animal has left the area). If for the onset of auditory injury (i.e., (i.e., animal is not required to fully exit marine mammals are sighted within the permanent threshold shift). the buffer zone where applicable) or relevant separation distance, the vessel A large body of anecdotal evidence following 15 minutes for small should reduce speed and shift the indicates that small delphinoids odontocetes and 30 minutes for all other engine to neutral, not engaging the commonly approach vessels and/or species with no further observation of engines until animals are clear of the towed arrays during active sound the marine mammal(s). area. This recommendation does not production for purposes of bow riding, apply to any vessel towing gear. with no apparent effect observed in Vessel Strike Avoidance We have carefully evaluated the suite those delphinoids (e.g., Barkaszi et al., These measures apply to all vessels of mitigation measures described here 2012). The potential for increased associated with the planned survey and considered a range of other shutdowns resulting from such a activity; however, we note that these measures in the context of ensuring that measure would require the Langseth to requirements do not apply in any case we prescribe the means of effecting the revisit the missed track line to reacquire where compliance would create an least practicable adverse impact on the data, resulting in an overall increase in imminent and serious threat to a person affected marine mammal species and the total sound energy input to the or vessel or to the extent that a vessel stocks and their habitat. Based on our marine environment and an increase in is restricted in its ability to maneuver evaluation of the proposed measures, the total duration over which the survey and, because of the restriction, cannot NMFS has preliminarily determined is active in a given area. Although other comply. These measures include the that the mitigation measures provide the mid-frequency hearing specialists (e.g., following: means effecting the least practicable large delphinoids) are no more likely to 1. Vessel operators and crews must impact on the affected species or stocks incur auditory injury than are small maintain a vigilant watch for all marine and their habitat, paying particular delphinoids, they are much less likely mammals and slow down, stop their attention to rookeries, mating grounds, to approach vessels. Therefore, retaining vessel, or alter course, as appropriate and areas of similar significance.

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Proposed Monitoring and Reporting Langseth. Monitoring shall be oral examination developed for the conducted in accordance with the training program. In order to issue an IHA for an • activity, section 101(a)(5)(D) of the following requirements: PSOs must have successfully • The operator shall provide PSOs MMPA states that NMFS must set forth, attained a bachelor’s degree from an with bigeye binoculars (e.g., 25 × 150; requirements pertaining to the accredited college or university with a 2.7 view angle; individual ocular focus; monitoring and reporting of such taking. major in one of the natural sciences, a height control) of appropriate quality The MMPA implementing regulations at minimum of 30 semester hours or (i.e., Fujinon or equivalent) solely for 50 CFR 216.104 (a)(13) indicate that equivalent in the biological sciences, PSO use. These shall be pedestal- requests for authorizations must include and at least one undergraduate course in mounted on the deck at the most the suggested means of accomplishing math or statistics. appropriate vantage point that provides • the necessary monitoring and reporting The educational requirements may for optimal sea surface observation, PSO that will result in increased knowledge be waived if the PSO has acquired the safety, and safe operation of the vessel. relevant skills through alternate of the species and of the level of taking • The operator will work with the or impacts on populations of marine experience. Requests for such a waiver selected third-party observer provider to shall be submitted to NMFS and must mammals that are expected to be ensure PSOs have all equipment present in the action area. Effective include written justification. Requests (including backup equipment) needed shall be granted or denied (with reporting is critical both to compliance to adequately perform necessary tasks, as well as ensuring that the most value justification) by NMFS within one week including accurate determination of of receipt of submitted information. is obtained from the required distance and bearing to observed marine monitoring. Alternate experience that may be mammals. (c) PSOs must have the considered includes, but is not limited Monitoring and reporting following requirements and requirements prescribed by NMFS to (1) secondary education and/or qualifications: experience comparable to PSO duties; should contribute to improved • PSOs shall be independent, understanding of one or more of the (2) previous work experience dedicated, trained visual and acoustic conducting academic, commercial, or following: PSOs and must be employed by a third- • Occurrence of marine mammal government-sponsored protected party observer provider. species surveys; or (3) previous work species or stocks in the area in which • PSOs shall have no tasks other than take is anticipated (e.g., presence, experience as a PSO; the PSO should to conduct observational effort (visual or demonstrate good standing and abundance, distribution, density). acoustic), collect data, and • Nature, scope, or context of likely consistently good performance of PSO communicate with and instruct relevant duties. marine mammal exposure to potential vessel crew with regard to the presence For data collection purposes, PSOs stressors/impacts (individual or of protected species and mitigation shall use standardized data collection cumulative, acute or chronic), through requirements (including brief alerts forms, whether hard copy or electronic. better understanding of: (1) Action or regarding maritime hazards), PSOs shall record detailed information environment (e.g., source • PSOs shall have successfully about any implementation of mitigation characterization, propagation, ambient completed an approved PSO training requirements, including the distance of noise); (2) affected species (e.g., life course appropriate for their designated animals to the acoustic source and history, dive patterns); (3) co-occurrence task (visual or acoustic). Acoustic PSOs description of specific actions that of marine mammal species with the are required to complete specialized ensued, the behavior of the animal(s), action; or (4) biological or behavioral training for operating PAM systems and any observed changes in behavior before context of exposure (e.g., age, calving or are encouraged to have familiarity with and after implementation of mitigation, feeding areas). the vessel with which they will be and if shutdown was implemented, the • Individual marine mammal working. responses (behavioral or physiological) • PSOs can act as acoustic or visual length of time before any subsequent to acoustic stressors (acute, chronic, or observers (but not at the same time) as ramp-up of the acoustic source. If cumulative), other stressors, or long as they demonstrate that their required mitigation was not cumulative impacts from multiple training and experience are sufficient to implemented, PSOs should record a stressors. perform the task at hand. description of the circumstances. At a • How anticipated responses to • NMFS must review and approve minimum, the following information stressors impact either: (1) Long-term PSO resumes accompanied by a relevant must be recorded: • fitness and survival of individual training course information packet that Vessel names (source vessel and marine mammals; or (2) populations, includes the name and qualifications other vessels associated with survey) species, or stocks. (i.e., experience, training completed, or and call signs; • • Effects on marine mammal habitat educational background) of the PSO names and affiliations; • (e.g., marine mammal prey species, instructor(s), the course outline or Dates of departures and returns to acoustic habitat, or other important syllabus, and course reference material port with port name; • physical components of marine as well as a document stating successful Date and participants of PSO mammal habitat). completion of the course. briefings; • Mitigation and monitoring • NMFS shall have one week to • Dates and times (Greenwich Mean effectiveness. approve PSOs from the time that the Time) of survey effort and times necessary information is submitted, corresponding with PSO effort; Vessel-Based Visual Monitoring after which PSOs meeting the minimum • Vessel location (latitude/longitude) As described above, PSO observations requirements shall automatically be when survey effort began and ended and would take place during daytime airgun considered approved. vessel location at beginning and end of operations and nighttime start ups (if • PSOs must successfully complete visual PSO duty shifts; applicable) of the airguns. During relevant training, including completion • Vessel heading and speed at seismic operations, at least five visual of all required coursework and passing beginning and end of visual PSO duty PSOs would be based aboard the (80 percent or greater) a written and/or shifts and upon any line change;

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• Environmental conditions while on • Description of any actions and include the UTC date and time, visual survey (at beginning and end of implemented in response to the sighting latitude in decimal degrees, and PSO shift and whenever conditions (e.g., delays, shutdown, ramp-up) and longitude in decimal degrees. All changed significantly), including BSS time and location of the action. coordinates shall be referenced to the and any other relevant weather If a marine mammal is detected while WGS84 geographic coordinate system. conditions including cloud cover, fog, using the PAM system, the following In addition to the report, all raw sun glare, and overall visibility to the information should be recorded: observational data shall be made horizon; • An acoustic encounter available to NMFS. The report must • Factors that may have contributed identification number, and whether the summarize the information submitted in to impaired observations during each detection was linked with a visual interim monthly reports as well as PSO shift change or as needed as sighting; additional data collected as described • environmental conditions changed (e.g., Date and time when first and last above and the IHA. The draft report heard; must be accompanied by a certification vessel traffic, equipment malfunctions); • and Types and nature of sounds heard from the lead PSO as to the accuracy of • Survey activity information, such as (e.g., clicks, whistles, creaks, burst the report, and the lead PSO may submit acoustic source power output while in pulses, continuous, sporadic, strength of directly NMFS a statement concerning signal); operation, number and volume of • implementation and effectiveness of the airguns operating in the array, tow Any additional information required mitigation and monitoring. A depth of the array, and any other notes recorded such as water depth of the final report must be submitted within 30 of significance (i.e., pre-clearance, ramp- hydrophone array, bearing of the animal days following resolution of any up, shutdown, testing, shooting, ramp- to the vessel (if determinable), species comments on the draft report. or taxonomic group (if determinable), up completion, end of operations, spectrogram screenshot, and any other Negligible Impact Analysis and streamers, etc.). Determination The following information should be notable information. A report would be submitted to NMFS recorded upon visual observation of any NMFS has defined negligible impact within 90 days after the end of the protected species: as ‘‘an impact resulting from the cruise. The report would describe the • Watch status (sighting made by PSO specified activity that cannot be operations that were conducted and on/off effort, opportunistic, crew, reasonably expected to, and is not sightings of marine mammals near the alternate vessel/platform); reasonably likely to, adversely affect the operations. The report would provide • PSO who sighted the animal; species or stock through effects on • Time of sighting; full documentation of methods, results, annual rates of recruitment or survival’’ • Vessel location at time of sighting; and interpretation pertaining to all (50 CFR 216.103). A negligible impact • Water depth; monitoring. The 90-day report would finding is based on the lack of likely • Direction of vessel’s travel (compass summarize the dates and locations of adverse effects on annual rates of direction); seismic operations, and all marine recruitment or survival (i.e., population- • Direction of animal’s travel relative mammal sightings (dates, times, level effects). An estimate of the number to the vessel; locations, activities, associated seismic of takes alone is not enough information • Pace of the animal; survey activities). The report would also on which to base an impact • Estimated distance to the animal include estimates of the number and determination. In addition to and its heading relative to vessel at nature of exposures that occurred above considering estimates of the number of initial sighting; the harassment threshold based on PSO marine mammals that might be ‘‘taken’’ • Identification of the animal (e.g., observations, including an estimate of through harassment, NMFS considers genus/species, lowest possible those on the trackline but not detected. other factors, such as the likely nature taxonomic level, or unidentified) and L–DEO will be required to shall of any responses (e.g., intensity, the composition of the group if there is submit a draft comprehensive report to duration), the context of any responses a mix of species; NMFS on all activities and monitoring (e.g., critical reproductive time or • Estimated number of animals (high/ results within 90 days of the completion location, migration), as well as effects low/best); of the survey or expiration of the IHA, on habitat, and the likely effectiveness • Estimated number of animals by whichever comes sooner. The report of the mitigation. We also assess the cohort (adults, yearlings, juveniles, must describe all activities conducted number, intensity, and context of calves, group composition, etc.); and sightings of protected species near estimated takes by evaluating this • Description (as many distinguishing the activities, must provide full information relative to population features as possible of each individual documentation of methods, results, and status. Consistent with the 1989 seen, including length, shape, color, interpretation pertaining to all preamble for NMFS’ implementing pattern, scars or markings, shape and monitoring, and must summarize the regulations (54 FR 40338; September 29, size of dorsal fin, shape of head, and dates and locations of survey operations 1989), the impacts from other past and blow characteristics); and all protected species sightings ongoing anthropogenic activities are • Detailed behavior observations (e.g., (dates, times, locations, activities, incorporated into this analysis via their number of blows/breaths, number of associated survey activities). The draft impacts on the environmental baseline surfaces, breaching, spyhopping, diving, report shall also include geo-referenced (e.g., as reflected in the regulatory status feeding, traveling; as explicit and time-stamped vessel tracklines for all of the species, population size and detailed as possible; note any observed time periods during which airguns were growth rate where known, ongoing changes in behavior); operating. Tracklines should include sources of human-caused mortality, or • Animal’s closest point of approach points recording any change in airgun ambient noise levels). (CPA) and/or closest distance from any status (e.g., when the airguns began To avoid repetition, our analysis element of the acoustic source; operating, when they were turned off, or applies to all species listed in Table 7 • Platform activity at time of sighting when they changed from full array to and 8, given that NMFS expects the (e.g., deploying, recovering, testing, single gun or vice versa). GIS files shall anticipated effects of the proposed shooting, data acquisition, other); and be provided in ESRI shapefile format seismic survey to be similar in nature.

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Where there are meaningful differences engaged in feeding activities of the non-listed marine mammals for between species or stocks, or groups of (Richardson et al., 1995). Prey species which we propose to authorize take are species, in anticipated individual are mobile and are broadly distributed considered ‘‘depleted’’ or ‘‘strategic’’ by responses to activities, impact of throughout the project areas; therefore, NMFS under the MMPA. expected take on the population due to marine mammals that may be The tracklines of the Hawaii survey differences in population status, or temporarily displaced during survey either traverse or are proximal to BIAs impacts on habitat, NMFS has identified activities are expected to be able to for 11 species that NMFS has proposed species-specific factors to inform the resume foraging once they have moved to authorize for take. Ten of the BIAs analysis. away from areas with disturbing levels pertain to small and resident cetacean NMFS does not anticipate that serious of underwater noise. Because of the populations while a breeding BIA has injury or mortality would occur as a relatively short duration (∼32 days) and been delineated for humpback whales. result of L–DEO’s proposed survey, even temporary nature of the disturbance, the However, this designation is only in the absence of proposed mitigation. availability of similar habitat and applicable to humpback whales in the Thus the proposed authorization does resources in the surrounding area, the December through March timeframe not authorize any mortality. As impacts to marine mammals and the (Baird et al., 2015). Since the Hawaii discussed in the Potential Effects food sources that they utilize are not survey is proposed for August, there section, non-auditory physical effects, expected to cause significant or long- will be no effects on humpback whales. stranding, and vessel strike are not term consequences for individual For cetacean species with small and expected to occur. marine mammals or their populations. resident BIAs in the Hawaii survey area, We propose to authorize a limited The activity is expected to impact a that designation is applicable year- number of instances of Level A small percentage of all marine mammal round. There are 19 days of seismic harassment of 18 species and Level B stocks that would be affected by L– operations proposed for the Hawaii harassment of 39 marine mammal DEO’s proposed survey (less than 20 survey. Only a portion of those days species. However, we believe that any percent of all species). Additionally, the would maintain seismic operations PTS incurred in marine mammals as a acoustic ‘‘footprint’’ of the proposed along Tracklines 1 and 2. No physical result of the proposed activity would be survey would be small relative to the impacts to BIA habitat are anticipated in the form of only a small degree of ranges of the marine mammals that from seismic activities. While SPLs of PTS, not total deafness, and would be would potentially be affected. Sound sufficient strength have been known to unlikely to affect the fitness of any levels would increase in the marine cause injury to fish and fish mortality, individuals, because of the constant environment in a relatively small area the most likely impact to prey species movement of both the Langseth and of surrounding the vessel compared to the from survey activities would be the marine mammals in the project range of the marine mammals within the temporary avoidance of the affected areas, as well as the fact that the vessel proposed survey area. area. The duration of fish avoidance of is not expected to remain in any one The proposed mitigation measures are a given area after survey effort stops is area in which individual marine expected to reduce the number and/or unknown, but a rapid return to normal mammals would be expected to severity of takes by allowing for recruitment, distribution and behavior concentrate for an extended period of detection of marine mammals in the is expected. Given the short operational time (i.e., since the duration of exposure vicinity of the vessel by visual and seismic time near or traversing BIAs, as to loud sounds will be relatively short). acoustic observers, and by minimizing well as the ability of cetaceans and prey Also, as described above, we expect that the severity of any potential exposures species to move away from acoustic marine mammals would be likely to via power downs and/or shutdowns of sources, NMFS expects that there would move away from a sound source that the airgun array. Based on previous be, at worst, minimal impacts to animals represents an aversive stimulus, monitoring reports for substantially and habitat within the designated BIAs. especially at levels that would be similar activities that have been NMFS concludes that exposures to expected to result in PTS, given previously authorized by NMFS, we marine mammal species and stocks due sufficient notice of the Langseth’s expect that the proposed mitigation will to L–DEO’s proposed survey would approach due to the vessel’s relatively be effective in preventing at least some result in only short-term (temporary and low speed when conducting seismic extent of potential PTS in marine short in duration) effects to individuals surveys. We expect that the majority of mammals that may otherwise occur in exposed. Animals may temporarily takes would be in the form of short-term the absence of the proposed mitigation. avoid the immediate area, but are not Level B behavioral harassment in the The ESA-listed marine mammal expected to permanently abandon the form of temporary avoidance of the area species under our jurisdiction that are area. Major shifts in habitat use, or decreased foraging (if such activity likely to be taken by the proposed distribution, or foraging success are not were occurring), reactions that are surveys include the endangered sei, fin, expected. NMFS does not anticipate the considered to be of low severity and blue, sperm, gray, North Pacific Right, proposed take estimates to impact with no lasting biological consequences Western North Pacific DPS humpback, annual rates of recruitment or survival. (e.g., Southall et al., 2007). and Main Hawaiian Islands Insular DPS In summary and as described above, Potential impacts to marine mammal false killer whale as well as the the following factors primarily support habitat were discussed previously in Hawaiian monk seal. We propose to our preliminary determination that the this document (see Potential Effects of authorize very small numbers of takes impacts resulting from this activity are the Specified Activity on Marine for these species relative to their not expected to adversely affect the Mammals and their Habitat). Marine population sizes. Therefore, we do not marine mammal species or stocks mammal habitat may be impacted by expect population-level impacts to any through effects on annual rates of elevated sound levels, but these impacts of these species. The other marine recruitment or survival: would be temporary. Feeding behavior mammal species that may be taken by • No mortality is anticipated or is not likely to be significantly harassment during the proposed survey authorized; impacted, as marine mammals appear to are not listed as threatened or • The proposed activity is temporary be less likely to exhibit behavioral endangered under the ESA. With the and of relatively short duration (∼32 reactions or avoidance responses while exception of the northern fur seal, none days);

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• The anticipated impacts of the be considered small relative to the provided the previously mentioned proposed activity on marine mammals relevant populations (19.4 percent for mitigation, monitoring, and reporting would primarily be temporary all species) for the species for which requirements are incorporated. This behavioral changes due to avoidance of abundance estimates are available. section contains a draft of the IHA itself. the area around the survey vessel; Based on the analysis contained The wording contained in this section is • The number of instances of PTS herein of the proposed activity proposed for inclusion in the IHA (if that may occur are expected to be very (including the proposed mitigation and issued). small in number. Instances of PTS that monitoring measures) and the 1. This incidental harassment are incurred in marine mammals would anticipated take of marine mammals, authorization (IHA) is valid for a period be of a low level, due to constant NMFS preliminarily finds that small of one year from the date of issuance. movement of the vessel and of the numbers of marine mammals will be 2. This IHA is valid only for marine marine mammals in the area, and the taken relative to the population size of geophysical survey activity, as specified nature of the survey design (not the affected species. in L–DEO’s IHA application and using concentrated in areas of high marine an array aboard the R/V Langseth with Unmitigable Adverse Impact Analysis mammal concentration); characteristics specified in the IHA and Determination • The availability of alternate areas of application, in the Pacific Ocean near similar habitat value for marine There are no relevant subsistence uses the Main Hawaiian Islands and the mammals to temporarily vacate the of the affected marine mammal stocks or Emperor Seamounts. survey area during the proposed survey species implicated by this action. 3. General Conditions to avoid exposure to sounds from the Therefore, NMFS has determined that (a) A copy of a the IHA must be in the activity; the total taking of affected species or possession of the vessel operator, other • The potential adverse effects on fish stocks would not have an unmitigable relevant personnel, the lead PSO, and or invertebrate species that serve as prey adverse impact on the availability of any other relevant designees operating species for marine mammals from the such species or stocks for taking for under the authority of the IHA. proposed survey would be temporary subsistence purposes. (b) L–DEO shall instruct relevant and spatially limited; vessel personnel with regard to the Endangered Species Act (ESA) • The proposed mitigation measures, authority of the protected species including visual and acoustic Section 7(a)(2) of the Endangered monitoring team, and shall ensure that monitoring, power-downs, and Species Act of 1973 (ESA: 16 U.S.C. relevant vessel personnel and the shutdowns, are expected to minimize 1531 et seq.) requires that each Federal protected species monitoring team potential impacts to marine mammals. agency insure that any action it participate in a joint onboard briefing Based on the analysis contained authorizes, funds, or carries out is not (hereafter PSO briefing) led by the herein of the likely effects of the likely to jeopardize the continued vessel operator and lead PSO to ensure specified activity on marine mammals existence of any endangered or that responsibilities, communication and their habitat, and taking into threatened species or result in the procedures, protected species consideration the implementation of the destruction or adverse modification of monitoring protocols, operational proposed monitoring and mitigation designated critical habitat. To ensure procedures, and IHA requirements are measures, NMFS preliminarily finds ESA compliance for the issuance of clearly understood. This PSO briefing that the total marine mammal take from IHAs, NMFS consults internally, in this must be repeated when relevant new the proposed activity will have a case with the ESA Interagency personnel join the survey operations. negligible impact on all affected marine Cooperation Division, whenever we (c) The species authorized for taking mammal species or stocks. propose to authorize take for are listed in Table 7 and 8. The taking, endangered or threatened species. Small Numbers by Level A and Level B harassment The NMFS Permits and Conservation only, is limited to the species and As noted above, only small numbers Division is proposing to authorize the numbers listed in Table 7 and 8. Any of incidental take may be authorized incidental take of marine mammals taking exceeding the authorized under section 101(a)(5)(D) of the MMPA which are listed under the ESA (the amounts listed in Table 7 and 8 is for specified activities other than North Pacific right, sei, fin, blue, sperm prohibited and may result in the military readiness activities. The MMPA whales, Western North Pacific DPS modification, suspension, or revocation does not define small numbers; so, in humpback whale, gray whale, the of this IHA. practice, where estimated numbers are Hawaiian Islands Insular DPS false (d) The taking by serious injury or available, NMFS compares the number killer whale, and the Hawaiian monk death of any species of marine mammal of individuals taken to the most seal. We have requested initiation of is prohibited and may result in the appropriate estimation of abundance of Section 7 consultation with the modification, suspension, or revocation the relevant species or stock in our Interagency Cooperation Division for the of this IHA. determination of whether an issuance of this IHA. NMFS will (e) During use of the airgun(s), if authorization is limited to small conclude the ESA section 7 consultation marine mammal species other than numbers of marine mammals. prior to reaching a determination those listed in Table 7 and 8 are Additionally, other qualitative factors regarding the proposed issuance of the detected by PSOs, the airgun array must may be considered in the analysis, such authorization. be shut down. as the temporal or spatial scale of the 4. Mitigation Requirements activities. Tables 7 and 8 provide Proposed Authorization The holder of this Authorization is numbers of take by Level A harassment As a result of these preliminary required to implement the following and Level B harassment proposed for determinations, NMFS proposes to issue mitigation measures: authorization. These are the numbers an IHA to L–DEO for conducting (a) L–DEO must use at least five we use for purposes of the small seismic surveys in the Pacific Ocean dedicated, trained, NMFS-approved numbers analysis. near Hawaii in summer/early fall of Protected Species Observers (PSOs). The The numbers of marine mammals that 2018 and in the Emperor Seamounts PSOs must have no tasks other than to we propose for authorized take would area in spring/early summer 2019, conduct observational effort, record

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observational data, and communicate maximum of 12 hours of observation per (i) A ramp-up procedure shall be with and instruct relevant vessel crew 24-hour period. Combined observational required at all times as part of the with regard to the presence of marine duties (visual and acoustic but not at activation of the acoustic source. mammals and mitigation requirements. same time) may not exceed 12 hours per (v) Ramp-up may not be initiated if PSO resumes shall be provided to 24-hour period for any individual PSO any marine mammal is within the NMFS for approval. (d) Acoustic Monitoring exclusion or buffer zone. If a marine (b) At least one of the visual and two (i) The source vessel must use a towed mammal is observed within the of the acoustic PSOs aboard the vessel PAM system, which must be monitored exclusion zone or the buffer zone during must have a minimum of 90 days at-sea by at a minimum one on duty acoustic the 30 minute pre-clearance period, experience working in those roles, PSO beginning at least 30 minutes prior ramp-up may not begin until the respectively, during a deep penetration to ramp-up and at all times during use animal(s) has been observed exiting the seismic survey, with no more than 18 of the acoustic source. zone or until an additional time period months elapsed since the conclusion of (ii) Acoustic PSOs shall immediately has elapsed with no further sightings the at-sea experience. (15 minutes for small odontocetes and (c) Visual Observation communicate all detections to visual PSOs, when visual PSOs are on duty, pinnipeds and 30 minutes for all other (i) During survey operations (e.g., any species). day on which use of the acoustic source including any determination by the PSO regarding species identification, (vi) Ramp-up shall begin by activating is planned to occur, and whenever the a single airgun of the smallest volume acoustic source is in the water, whether distance, and bearing and the degree of confidence in the determination. in the array and shall continue in stages activated or not), a minimum of two by doubling the number of active visual PSOs must be on duty and (iii) Acoustic PSOs may be on watch for a maximum of four consecutive elements at the commencement of each conducting visual observations at all stage, with each stage of approximately times during daylight hours (i.e., from hours followed by a break of at least one hour between watches and may conduct the same duration. Duration shall not be 30 minutes prior to sunrise through 30 less than 20 minutes. minutes following and 30 minutes prior a maximum of 12 hours of observation (vii) PSOs must monitor the exclusion to and during nighttime ramp-ups of the per 24-hour period. Combined and buffer zones during ramp-up, and airgun array. observational duties may not exceed 12 (ii) Visual PSOs shall coordinate to hours per 24-hour period for any ramp-up must cease and the source ensure 360° visual coverage around the individual PSO. must be shut down upon observation of vessel from the most appropriate (iv) Survey activity may continue for a marine mammal within the exclusion observation posts, and shall conduct 30 minutes when the PAM system zone. Once ramp-up has begun, visual observations using binoculars malfunctions or is damaged, while the observations of marine mammals within and the naked eye while free from PAM operator diagnoses the issue. If the the buffer zone do not require shutdown distractions and in a consistent, diagnosis indicates that the PAM system or powerdown, but such observation systematic, and diligent manner. must be repaired to solve the problem, shall be communicated to the operator (iii) PSOs shall establish and monitor operations may continue for an to prepare for the potential shutdown or the exclusion and buffer zones. These additional two hours without acoustic powerdown. zones shall be based upon the radial monitoring during daylight hours only (viii) Ramp-up may occur at times of distance from the edges of the acoustic under the following conditions: poor visibility, including nighttime, if appropriate acoustic monitoring has source (rather than being based on the a. Sea state is less than or equal to occurred with no detections in the 30 center of the array or around the vessel BSS 4; minutes prior to beginning ramp-up. itself). During use of the acoustic source b. With the exception of delphinids, (i.e., anytime airguns are active, (ix) If the acoustic source is shut no marine mammals detected solely by down for brief periods (i.e., less than 30 including ramp-up), occurrences of PAM in the applicable exclusion zone marine mammals within the buffer zone minutes) for reasons other than that in the previous two hours; described for shutdown and powerdown (but outside the exclusion zone) shall be c. NMFS is notified via email as soon communicated to the operator to (e.g., mechanical difficulty), it may be as practicable with the time and activated again without ramp-up if PSOs prepare for the potential shutdown or location in which operations began powerdown of the acoustic source. have maintained constant visual and/or occurring without an active PAM acoustic observation and no visual or (iv) Visual PSOs shall immediately system; and communicate all observations to the on acoustic detections of marine mammals d. Operations with an active acoustic duty acoustic PSO(s), including any have occurred within the applicable source, but without an operating PAM determination by the PSO regarding exclusion zone. For any longer system, do not exceed a cumulative total species identification, distance, and shutdown, pre-clearance observation of four hours in any 24-hour period. bearing and the degree of confidence in and ramp-up are required. For any the determination. (e) Exclusion zone and buffer zone shutdown at night or in periods of poor (v) During good conditions (e.g., (i) PSO shall establish and monitor a visibility (e.g., BSS 4 or greater), ramp- daylight hours; Beaufort sea state (BSS) 500 m exclusion zone and 1,000 m up is required, but if the shutdown 3 or less), visual PSOs shall conduct buffer zone. The exclusion zone period was brief and constant observations when the acoustic source encompasses the area at and below the observation was maintained, pre- is not operating for comparison of sea surface out to a radius of 500 meters clearance watch of 30 min is not sighting rates and behavior with and from the edges of the airgun array (0– required. without use of the acoustic source and 500 meters). The buffer zone (x) Testing of the acoustic source between acquisition periods, to the encompasses the area at and below the involving all elements requires ramp- maximum extent practicable. sea surface from the edge of the 0–500 up. Testing limited to individual source (vi) Visual PSOs may be on watch for meter exclusion zone, out to a radius of elements or strings does not require a maximum of two consecutive hours 1000 meters from the edges of the airgun ramp-up but does require pre-clearance followed by a break of at least one hour array (500–1,000 meters). of 30 min. between watches and may conduct a (f) Pre-clearance and Ramp-up (g) Shutdown and Powerdown

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(i) Any PSO on duty shall have the reaction, then powerdown shall be appropriate vantage point that provides authority to delay the start of survey initiated. for optimal sea surface observation, PSO operations or to call for shutdown or (vi) Visual PSOs shall use best safety, and safe operation of the vessel. powerdown of the acoustic source if a professional judgment in making the (b) The operator shall work with the marine mammal is detected within the decision to call for a shutdown if there selected third-party observer provider to applicable exclusion zone. is uncertainty regarding identification ensure PSOs have all equipment (ii) The operator shall establish and (i.e., whether the observed marine (including backup equipment) needed maintain clear lines of communication mammal(s) belongs to one of the to adequately perform necessary tasks, directly between PSOs on duty and delphinid genera for which shutdown is including accurate determination of crew controlling the acoustic source to waived). distance and bearing to observed marine ensure that shutdown and powerdown (vii) Upon implementation of mammals. Such equipment, at a commands are conveyed swiftly while shutdown, the source may be minimum, shall include: allowing PSOs to maintain watch. reactivated after the marine mammal(s) (i) PAM shall include a system that (iii) When both visual and acoustic has been observed exiting the applicable has been verified and tested by the PSOs are on duty, all detections shall be exclusion zone (i.e., animal is not acoustic PSO that will be using it during immediately communicated to the required to fully exit the buffer zone the trip for which monitoring is remainder of the on-duty PSO team for where applicable) or following a 30- required. potential verification of visual minute clearance period with no further (ii) At least one night-vision device observations by the acoustic PSO or of observation of the marine mammal(s). suited for the marine environment for acoustic detections by visual PSOs. (g) Vessel operators and crews must use during nighttime pre-clearance and (iv) When the airgun array is active maintain a vigilant watch for all marine ramp-up that features automatic (i.e., anytime one or more airguns is mammals and slow down, stop their brightness and gain control, bright light active, including during ramp-up and vessel, or alter course, as appropriate protection, infrared illumination, and/or powerdown) and (1) a marine mammal and regardless of vessel size, to avoid optics suited for low-light situations (excluding delphinids) appears within striking any marine mammal. A visual (e.g., Exelis PVS–7 night vision goggles; or enters the exclusion zone and/or (2) observer aboard the vessel must monitor Night Optics D–300 night vision a marine mammal is detected a vessel strike avoidance zone around monocular; FLIR M324XP thermal acoustically and localized within the the vessel (specific distances detailed imaging camera or equivalents). exclusion zone, the acoustic source below), to ensure the potential for strike (iii) Reticle binoculars (e.g., 7 x 50) of shall be shut down. When shutdown is is minimized. appropriate quality (i.e., Fujinon or called for by a PSO, the airgun array (i) Vessel speeds must be reduced to equivalent) (at least one per PSO, plus shall be immediately deactivated. Any 10 kn or less when mother/calf pairs, backups) questions regarding a PSO shutdown pods, or large assemblages of any (iv) Global Positioning Units (GPS) (at shall be resolved after deactivation. marine mammal are observed near a least one per PSO, plus backups) (v) Shutdown shall occur whenever vessel. (v) Digital single-lens reflex cameras PAM alone (without visual sighting), a. Vessels must maintain a minimum of appropriate quality that capture confirms presence of marine mammal(s) separation distance of 100 m from large photographs and video (i.e., Canon or (other than delphinids) in the 500 m whales (i.e., sperm whales and all equivalent) (at least one per PSO, plus exclusion zone. If the acoustic PSO baleen whales. backups) cannot confirm presence within b. Vessels must attempt to maintain a (vi) Compasses (at least one per PSO, exclusion zone, visual PSOs shall be minimum separation distance of 50 m plus backups) notified but shutdown is not required. from all other marine mammals, with an (vii) Radios for communication among (v) The shutdown requirement shall exception made for those animals that vessel crew and PSOs (at least one per be waived for small dolphins of the approach the vessel. PSO, plus backups) following genera: Tursiops, Delphinus, c. When marine mammals are sighted (viii) Any other tools necessary to Lagenodelphis, Lagenorhynchus, while a vessel is underway, the vessel adequately perform necessary PSO Lissodelphis, Stenella and Steno. should take action as necessary to avoid tasks. a. The acoustic source shall be violating the relevant separation (c) Protected Species Observers powered down to 40-in3 airgun if an distance. If marine mammals are sighted (PSOs, Visual and Acoustic) individual belonging to these genera is within the relevant separation distance, Qualifications visually detected within the 500 m the vessel should reduce speed and shift (i) PSOs shall be independent, exclusion zone. the engine to neutral, not engaging the dedicated, trained visual and acoustic b. Powerdown conditions shall be engines until animals are clear of the PSOs and must be employed by a third- maintained until delphinids for which area. This recommendation does not party observer provider, shutdown is waived are no longer apply to any vessel towing gear. (ii) PSOs shall have no tasks other observed within the 500 m exclusion 5. Monitoring Requirements. than to conduct observational effort zone, following which full-power The holder of this Authorization is (visual or acoustic), collect data, and operations may be resumed without required to conduct marine mammal communicate with and instruct relevant ramp-up. Visual PSOs may elect to monitoring during survey activity. vessel crew with regard to the presence waive the powerdown requirement if Monitoring shall be conducted in of protected species and mitigation delphinids for which shutdown is accordance with the following requirements (including brief alerts waived to be voluntarily approaching requirements: regarding maritime hazards), and the vessel for the purpose of interacting (a) The operator shall provide PSOs (iii) PSOs shall have successfully with the vessel or towed gear, and may with bigeye binoculars (e.g., 25 x 150; completed an approved PSO training use best professional judgment in 2.7 view angle; individual ocular focus; course appropriate for their designated making this decision. height control) of appropriate quality task (visual or acoustic). Acoustic PSOs d. If PSOs observe any behaviors in (i.e., Fujinon or equivalent) solely for are required to complete specialized delphinids for which shutdown is PSO use. These shall be pedestal- training for operating PAM systems and waived that indicate an adverse mounted on the deck at the most are encouraged to have familiarity with

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the vessel with which they will be consistently good performance of PSO b. PSO who sighted the animal; working. duties. c. Time of sighting; (iv) PSOs can act as acoustic or visual (d) Data Collection d. Vessel location at time of sighting; observers (but not at the same time) as (i) PSOs shall use standardized data e. Water depth; long as they demonstrate that their collection forms, whether hard copy or f. Direction of vessel’s travel (compass training and experience are sufficient to electronic. PSOs shall record detailed direction); perform the task at hand. information about any implementation g. Direction of animal’s travel relative (v) NMFS must review and approve of mitigation requirements, including to the vessel; PSO resumes accompanied by a relevant the distance of animals to the acoustic h. Pace of the animal; training course information packet that source and description of specific i. Estimated distance to the animal includes the name and qualifications actions that ensued, the behavior of the and its heading relative to vessel at (i.e., experience, training completed, or animal(s), any observed changes in initial sighting; educational background) of the behavior before and after j. Identification of the animal (e.g., instructor(s), the course outline or implementation of mitigation, and if genus/species, lowest possible syllabus, and course reference material shutdown was implemented, the length taxonomic level, or unidentified) and as well as a document stating successful of time before any subsequent ramp-up the composition of the group if there is completion of the course. of the acoustic source. If required a mix of species; (vi) NMFS shall have one week to mitigation was not implemented, PSOs k. Estimated number of animals (high/ approve PSOs from the time that the should record a description of the low/best); necessary information is submitted, circumstances. l. Estimated number of animals by after which PSOs meeting the minimum (ii) At a minimum, the following cohort (adults, yearlings, juveniles, requirements shall automatically be information must be recorded: calves, group composition, etc.); considered approved. a. Vessel names (source vessel and m. Description (as many (vii) One visual PSO with experience other vessels associated with survey) distinguishing features as possible of as shown in 4(b) shall be designated as and call signs; each individual seen, including length, the lead for the entire protected species b. PSO names and affiliations; shape, color, pattern, scars or markings, observation team. The lead shall c. Dates of departures and returns to shape and size of dorsal fin, shape of coordinate duty schedules and roles for port with port name; head, and blow characteristics); the PSO team and serve as primary d. Date and participants of PSO n. Detailed behavior observations point of contact for the vessel operator. briefings (as discussed in General (e.g., number of blows/breaths, number To the maximum extent practicable, the Requirements. 2.) of surfaces, breaching, spyhopping, lead PSO shall devise the duty schedule e. Dates and times (Greenwich Mean diving, feeding, traveling; as explicit such that experienced PSOs are on duty Time) of survey effort and times and detailed as possible; note any with those PSOs with appropriate corresponding with PSO effort; observed changes in behavior); training but who have not yet gained f. Vessel location (latitude/longitude) o. Animal’s closest point of approach relevant experience. when survey effort began and ended and (CPA) and/or closest distance from any (viii) PSOs must successfully vessel location at beginning and end of element of the acoustic source; complete relevant training, including visual PSO duty shifts; p. Platform activity at time of sighting completion of all required coursework g. Vessel heading and speed at (e.g., deploying, recovering, testing, and passing (80 percent or greater) a beginning and end of visual PSO duty shooting, data acquisition, other); and written and/or oral examination shifts and upon any line change; q. Description of any actions developed for the training program. h. Environmental conditions while on implemented in response to the sighting (ix). PSOs must have successfully visual survey (at beginning and end of (e.g., delays, shutdown, ramp-up) and attained a bachelor’s degree from an PSO shift and whenever conditions time and location of the action. accredited college or university with a changed significantly), including BSS (iv) If a marine mammal is detected major in one of the natural sciences, a and any other relevant weather while using the PAM system, the minimum of 30 semester hours or conditions including cloud cover, fog, following information should be equivalent in the biological sciences, sun glare, and overall visibility to the recorded: and at least one undergraduate course in horizon; a. An acoustic encounter math or statistics. i. Factors that may have contributed identification number, and whether the (x) The educational requirements may to impaired observations during each detection was linked with a visual be waived if the PSO has acquired the PSO shift change or as needed as sighting; relevant skills through alternate environmental conditions changed (e.g., b. Date and time when first and last experience. Requests for such a waiver vessel traffic, equipment malfunctions); heard; shall be submitted to NMFS and must j. Survey activity information, such as c. Types and nature of sounds heard include written justification. Requests acoustic source power output while in (e.g., clicks, whistles, creaks, burst shall be granted or denied (with operation, number and volume of pulses, continuous, sporadic, strength of justification) by NMFS within one week airguns operating in the array, tow signal); of receipt of submitted information. depth of the array, and any other notes d. Any additional information Alternate experience that may be of significance (i.e., pre-clearance, ramp- recorded such as water depth of the considered includes, but is not limited up, shutdown, testing, shooting, ramp- hydrophone array, bearing of the animal to (1) secondary education and/or up completion, end of operations, to the vessel (if determinable), species experience comparable to PSO duties; streamers, etc.); and or taxonomic group (if determinable), (2) previous work experience (iii). Upon visual observation of any spectrogram screenshot, and any other conducting academic, commercial, or protected species, the following notable information. government-sponsored protected information shall be recorded: 6. Reporting species surveys; or (3) previous work a. Watch status (sighting made by PSO (a) L–DEO shall submit a draft experience as a PSO; the PSO should on/off effort, opportunistic, crew, comprehensive report to NMFS on all demonstrate good standing and alternate vessel/platform); activities and monitoring results within

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90 days of the completion of the survey d. Status of all sound source use in on the species or stock of affected or expiration of the IHA, whichever the 24 hours preceding the incident; marine mammals. comes sooner. The report must describe e. Water depth; Request for Public Comments all activities conducted and sightings of f. Environmental conditions (e.g., protected species near the activities, wind speed and direction, Beaufort sea We request comment on our analyses, must provide full documentation of state, cloud cover, and visibility); the proposed authorization, and any methods, results, and interpretation g. Description of all marine mammal other aspect of this Notice of Proposed pertaining to all monitoring, and must observations in the 24 hours preceding IHA for L–DEO’s proposed surveys. We summarize the dates and locations of the incident; also request comment on the potential survey operations and all protected h. Species identification or for renewal of this proposed IHA as species sightings (dates, times, description of the animal(s) involved; described in the paragraph below. locations, activities, associated survey i. Fate of the animal(s); and Please include with your comments any activities). The draft report shall also j. Photographs or video footage of the supporting data or literature citations to include geo-referenced time-stamped animal(s). help inform our final decision on the vessel tracklines for all time periods Activities shall not resume until request for MMPA authorization. during which airguns were operating. NMFS is able to review the On a case-by-case basis, NMFS may Tracklines should include points circumstances of the prohibited take. issue a second one-year IHA without recording any change in airgun status NMFS will work with L–DEO to additional notice when (1) another year (e.g., when the airguns began operating, determine what measures are necessary of identical or nearly identical activities when they were turned off, or when to minimize the likelihood of further as described in the Specified Activities they changed from full array to single prohibited take and ensure MMPA section is planned or (2) the activities gun or vice versa). GIS files shall be compliance. L–DEO may not resume would not be completed by the time the provided in ESRI shapefile format and their activities until notified by NMFS. IHA expires and a second IHA would include the UTC date and time, latitude (ii) In the event that L–DEO discovers allow for completion of the activities in decimal degrees, and longitude in an injured or dead marine mammal, and beyond that described in the Dates and decimal degrees. All coordinates shall the lead observer determines that the Duration section, provided all of the be referenced to the WGS84 geographic cause of the injury or death is unknown following conditions are met: coordinate system. In addition to the and the death is relatively recent (e.g., • A request for renewal is received no report, all raw observational data shall in less than a moderate state of later than 60 days prior to expiration of be made available to NMFS. The report decomposition), L–DEO shall the current IHA. must summarize the information immediately report the incident to the • The request for renewal must submitted in interim monthly reports as NMFS Office of Protected Resources and include the following: well as additional data collected as the NMFS Pacific Islands Regional (1) An explanation that the activities described above in Data Collection and Stranding Coordinator. The report must to be conducted beyond the initial dates the IHA. The draft report must be include the same information identified either are identical to the previously accompanied by a certification from the in condition 6(b)(i) of this IHA. analyzed activities or include changes lead PSO as to the accuracy of the Activities may continue while NMFS so minor (e.g., reduction in pile size) report, and the lead PSO may submit reviews the circumstances of the that the changes do not affect the directly NMFS a statement concerning incident. NMFS will work with L–DEO previous analyses, take estimates, or implementation and effectiveness of the to determine whether additional mitigation and monitoring required mitigation and monitoring. A mitigation measures or modifications to requirements. final report must be submitted within 30 the activities are appropriate. (2) A preliminary monitoring report days following resolution of any (iii) In the event that L–DEO discovers showing the results of the required comments on the draft report. an injured or dead marine mammal, and monitoring to date and an explanation (b) Reporting injured or dead the lead observer determines that the showing that the monitoring results do protected species: injury or death is not associated with or not indicate impacts of a scale or nature (i) In the event that the specified related to the specified activities (e.g., not previously analyzed or authorized. activity clearly causes the take of a previously wounded animal, carcass • Upon review of the request for marine mammal in a manner not with moderate to advanced renewal, the status of the affected permitted by this IHA, such as serious decomposition, or scavenger damage), species or stocks, and any other injury or mortality, L–DEO shall L–DEO shall report the incident to the pertinent information, NMFS immediately cease the specified NMFS Office of Protected Resources and determines that there are no more than activities and immediately report the the Pacific Islands Regional Stranding minor changes in the activities, the incident to the NMFS Office of Coordinator within 24 hours of the mitigation and monitoring measures Protected Resources and the NMFS discovery. L–DEO shall provide remain the same and appropriate, and Pacific Islands Regional Stranding photographs or video footage or other the original findings remain valid. Coordinator. The report must include documentation of the sighting to NMFS. the following information: 7. This Authorization may be Dated: June 21, 2018. a. Time, date, and location (latitude/ modified, suspended or withdrawn if Elaine T. Saiz, longitude) of the incident; the holder fails to abide by the Acting Deputy Director, Office of Protected b. Vessel’s speed during and leading conditions prescribed herein, or if Resources, National Marine Fisheries Service. up to the incident; NMFS determines the authorized taking [FR Doc. 2018–13732 Filed 6–27–18; 8:45 am] c. Description of the incident; is having more than a negligible impact BILLING CODE 3510–22–P

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