Federal Register/Vol. 86, No. 106/Friday, June 4, 2021/Notices

30006 Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices

permit (71 FR 58057; October 2, 2006). Conservation Education at (386) 682– DEPARTMENT OF COMMERCE These certificate(s) are valid for 3 years. 0158. Pre-registration is highly Certificates issued in 2018 will be recommended, but not required. National Oceanic and Atmospheric expiring in 2021. As such, vessel Administration owners who have not already attended Registration Materials [RTID 0648–XB083] a workshop and received a NMFS To ensure that workshop certificates certificate, or vessel owners whose are linked to the correct permits, Takes of Marine Mammals Incidental to certificate(s) will expire prior to the next participants will need to bring the Specified Activities; Taking Marine permit renewal, must attend a workshop following specific items with them to Mammals Incidental to a Geophysical to fish with, or renew, their swordfish the workshop: Survey of the Queen Charlotte Fault and shark limited-access permits. Additionally, new shark and swordfish • Individual vessel owners must AGENCY: National Marine Fisheries limited-access permit applicants who bring a copy of the appropriate Service (NMFS), National Oceanic and intend to fish with longline or gillnet swordfish and/or shark permit(s), a copy Atmospheric Administration (NOAA), gear must attend a Safe Handling, of the vessel registration or Commerce. Release, and Identification Workshop documentation, and proof of ACTION: Notice; proposed incidental and submit a copy of their workshop identification; harassment authorization; request for certificate before either of the permits • Representatives of a business- comments on proposed authorization will be issued. Approximately 376 free owned or co-owned vessel must bring and possible renewal. Safe Handling, Release, and proof that the individual is an agent of Identification Workshops have been SUMMARY: NMFS has received a request the business (such as articles of conducted since 2006. from the Lamont-Doherty Earth In addition to vessel owners, at least incorporation), a copy of the applicable Observatory of Columbia University (L– one operator on board vessels issued a swordfish and/or shark permit(s), and DEO) for authorization to take marine limited-access swordfish or shark proof of identification; and mammals incidental to a marine permit that uses longline or gillnet gear • Vessel operators must bring proof of geophysical survey of the Queen is required to attend a Safe Handling, identification. Charlotte Fault in the Northeast Pacific Release, and Identification Workshop Ocean. The proposed survey would be and receive a certificate. Vessels that Workshop Objectives funded by the National Science Foundation (NSF). Pursuant to the have been issued a limited-access The Safe Handling, Release, and Marine Mammal Protection Act swordfish or shark permit and that use Identification Workshops are designed (MMPA), NMFS is requesting comments longline or gillnet gear may not fish to teach longline and gillnet fishermen unless both the vessel owner and on its proposal to issue an incidental the required techniques for the safe operator have valid workshop harassment authorization (IHA) to handling and release of entangled and/ certificates onboard at all times. Vessel incidentally take marine mammals operators who have not already or hooked protected species, such as sea during the specified activities. NMFS is attended a workshop and received a turtles, marine mammals, smalltooth also requesting comments on a possible NMFS certificate, or vessel operators sawfish, Atlantic sturgeon, and one-time, one-year renewal that could whose certificate(s) will expire prior to prohibited sharks. In an effort to be issued under certain circumstances their next fishing trip, must attend a improve reporting, the proper and if all requirements are met, as workshop to operate a vessel with identification of protected species and described in Request for Public swordfish and shark limited-access prohibited sharks will also be taught at Comments at the end of this notice. permits on which longline or gillnet these workshops. Additionally, NMFS will consider public comments gear is used. individuals attending these workshops prior to making any final decision on will gain a better understanding of the the issuance of the requested MMPA Workshop Dates, Times, and Locations requirements for participating in these authorizations and agency responses 1. July 20, 2021, 9 a.m.–5 p.m., Hilton fisheries. The overall goal of these will be summarized in the final notice Hotel, 5400 Seawall Boulevard, workshops is to provide participants of our decision. Galveston, TX 77551. with the skills needed to reduce the DATES: Comments and information must 2. July 28, 2021, 9 a.m.–5 p.m., mortality of protected species and be received no later than July 6, 2021. Holiday Inn, 151 Route 72, prohibited sharks, which may prevent ADDRESSES: Comments should be Manahawkin, NJ 08050. 3. August 3, 2021, 9 a.m.–5 p.m., additional regulations on these fisheries addressed to Jolie Harrison, Chief, Holiday Inn, 3384 Ocean Drive, Vero in the future. Permits and Conservation Division, Beach, FL 32963. Authority: 16 U.S.C. 1801 et seq. Office of Protected Resources, National Marine Fisheries Service. Physical 4. August 31, 2021, 9 a.m.–5 p.m., Dated: May 28, 2021. Hampton Inn, 678 Citadel Haven Drive, comments should be sent to 1315 East- Charleston, SC 29414. Jennifer M. Wallace, West Highway, Silver Spring, MD 20910 5. September 3, 2021, 9 a.m.–5 p.m., Acting Director, Office of Sustainable and electronic comments should be sent Marriott Courtyard, 5000 Express Drive Fisheries, National Marine Fisheries Service. to [email protected]. South, Ronkonkoma, NY 11779. [FR Doc. 2021–11712 Filed 6–3–21; 8:45 am] Instructions: NMFS is not responsible 6. September 10, 2021, 9 a.m.–5 p.m., BILLING CODE 3510–22–P for comments sent by any other method, Holiday Inn, 9515 US 49, Gulfport, MS to any other address or individual, or 39503. received after the end of the comment period. Comments received Registration electronically, including all To register for a scheduled Safe attachments, must not exceed a 25- Handling, Release, and Identification megabyte file size. All comments Workshop, please contact Angler received are a part of the public record

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and will generally be posted online at National Environmental Policy Act a total discharge volume of ∼6,600 cubic 3 www.fisheries.noaa.gov/permit/ To comply with the National inches (in ) as an acoustic source, incidental-take-authorizations-under- Environmental Policy Act of 1969 acquiring return signals using both a marine-mammal-protection-act without (NEPA; 42 U.S.C. 4321 et seq.) and towed streamer as well as ocean bottom change. All personal identifying NOAA Administrative Order (NAO) seismometers (OBSs). information (e.g., name, address) 216–6A, NMFS must review our The proposed study would use 2–D voluntarily submitted by the commenter proposed action (i.e., the issuance of an seismic surveying to characterize crustal may be publicly accessible. Do not IHA) with respect to potential impacts and uppermost mantle velocity submit confidential business on the human environment. structure, fault zone architecture and information or otherwise sensitive or Accordingly, NMFS plans to adopt rheology, and seismicity of the QCF. protected information. NSF’s Environmental Assessment (EA), The QCF system is an approximately as we have preliminarily determined 1,200 kilometer (km)-long onshore- FOR FURTHER INFORMATION CONTACT: Ben offshore transform system connecting Laws, Office of Protected Resources, that it includes adequate information analyzing the effects on the human the Cascadia and Alaska-Aleutian NMFS, (301) 427–8401. Electronic subduction zones; the QCF is the copies of the application and supporting environment of issuing the IHA. NSF’s EA is available at www.nsf.gov/geo/oce/ approximately 900 km-long offshore documents, as well as a list of the component of the transform system. The references cited in this document, may envcomp/. We will review all comments purpose of the proposed study is to be obtained online at: characterize an approximately 450-km www.fisheries.noaa.gov/permit/ submitted in response to this notice prior to concluding our NEPA process segment of the fault that encompasses incidental-take-authorizations-under- systematic variations in key parameters marine-mammal-protection-act. In case or making a final decision on the IHA request. in space and time: (1) Changes in fault of problems accessing these documents, obliquity relative to Pacific-North please call the contact listed above. Summary of Request American plate motion leading to SUPPLEMENTARY INFORMATION: On December 3, 2019, NMFS received increased convergence from north to south; (2) Pacific plate age and Background a request from L–DEO for an IHA to take marine mammals incidental to a theoretical mechanical thickness The MMPA prohibits the ‘‘take’’ of geophysical survey of the Queen decrease from north to south; and (3) a marine mammals, with certain Charlotte Fault (QCF) off of Alaska and shift in Pacific plate motion at exceptions. Sections 101(a)(5)(A) and British Columbia, Canada. L–DEO approximately 12–6 million years ago (D) of the MMPA (16 U.S.C. 1361 et submitted a revised version of the that may have increased convergence seq.) direct the Secretary of Commerce application on April 2, 2020. On April along the entire length of the fault, (as delegated to NMFS) to allow, upon 10, 2020, L–DEO informed NMFS that possibly initiating underthrusting in the request, the incidental, but not the planned survey would be deferred to southern portion of the study area. intentional, taking of small numbers of 2021 as a result of issues related to the Current understanding of how these marine mammals by U.S. citizens who COVID–19 pandemic. L–DEO variations are expressed through engage in a specified activity (other than subsequently submitted revised versions seismicity, crustal-scale deformation, commercial fishing) within a specified of the application on October 22 and and lithospheric structure and dynamics geographical region if certain findings December 16, 2020, the latter of which is limited due to lack of instrumentation are made and either regulations are was deemed adequate and complete. A and modern seismic imaging. issued or, if the taking is limited to final, revised version was submitted on Dates and Duration January 11, 2021. L–DEO’s request is for harassment, a notice of a proposed The proposed survey is expected to take of 21 species of marine mammals incidental take authorization may be last for approximately 36 days, by Level B harassment. In addition, provided to the public for review. including approximately 27 days of NMFS proposes to authorize take by Authorization for incidental takings seismic operations, 3 days of equipment Level A harassment for seven of these shall be granted if NMFS finds that the deployment/retrieval, 2 days of transits, species. taking will have a negligible impact on and 4 contingency days (accounting for the species or stock(s) and will not have Description of Proposed Activity potential delays due to, e.g., weather). an unmitigable adverse impact on the R/V Langseth would likely leave out of Overview availability of the species or stock(s) for and return to port in Ketchikan, Alaska, taking for subsistence uses (where Researchers from L–DEO, the during July–August 2021. relevant). Further, NMFS must prescribe University of New Mexico, and Western the permissible methods of taking and Washington University, with funding Specific Geographic Region other ‘‘means of effecting the least from NSF, propose to conduct a high- The proposed survey would occur practicable adverse impact’’ on the energy seismic survey from the Research within the area of approximately 52–57° affected species or stocks and their Vessel (R/V) Marcus G. Langseth N and approximately 131–137° W. habitat, paying particular attention to (Langseth) at the QCF in the northeast Representative survey tracklines are rookeries, mating grounds, and areas of Pacific Ocean during late summer 2021. shown in Figure 1. Some deviation in similar significance, and on the Other research collaborators include actual track lines, including the order of availability of the species or stocks for Dalhousie University, the Geological survey operations, could be necessary taking for certain subsistence uses Survey of Canada, and the U.S. for reasons such as science drivers, poor (referred to in shorthand as Geological Survey. The proposed two- data quality, inclement weather, or ‘‘mitigation’’); and requirements dimensional (2–D) seismic survey mechanical issues with the research pertaining to the mitigation, monitoring would occur within the Exclusive vessel and/or equipment. The survey is and reporting of the takings are set forth. Economic Zones (EEZ) of the United proposed to occur within the EEZs of The definitions of all applicable MMPA States and Canada, including in the United States and Canada, including statutory terms cited above are included Canadian territorial waters. The survey Alaskan state waters and Canadian in the relevant sections below. would use a 36-airgun towed array with territorial waters, ranging in depth from

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50–2,800 meters (m). Approximately approximately 1 percent would take entire activity area (including Canadian 4,250 km of transect lines would be place in shallow water <100 m deep. territorial waters) as part of the analysis surveyed, with 13 percent of the Note that the MMPA does not apply supporting our determination under the transect lines in Canadian territorial in Canadian territorial waters. L–DEO is MMPA that the activity will have a waters. Most of the survey (69 percent) subject only to Canadian law in negligible impact on the affected species would occur in deep water (>1,000 m), conducting that portion of the survey. (see Estimated Take and Negligible 30 percent would occur in intermediate However, NMFS has calculated the Impact Analysis and Determination). water (100–1,000 m deep), and expected level of incidental take in the BILLING CODE 3510–22–P

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13 "W

z i8

z ia Q Pacific o Ocean

Legend Ocean Bottom Seismometer Type: z • Short-period + Broadband • Both (Short-period & Broadband) 0 - Survey Transects .., - - 200 Nautical Miles - - - 12 Nautical Miles - 3 Nautical Miles ,f'°<>oolf. '\~ .( - lsobath (m) 50 75 1~l/' ,{\. ~ / - Critical Habitat - Steller Sea Lion :::::::::::::;;;;;::::::::E--3;::::;:::::::::::..'1° C. ~ Kilometres n 1 ·w 13 ·w 13 "W

Figure 1. Location of the Proposed Seismic Survey in the Northeast Pacific

Ocean

BILLING CODE 3510–22–C

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Detailed Description of Specific Activity percent of survey effort), at a 150-m and an Acoustic Doppler Current The procedures to be used for the interval (approximately 69 s) during Profiler (ADCP) would be operated from proposed survey would be similar to refraction surveying to OBSs R/V Langseth continuously during the those used during previous seismic (approximately 29 percent of survey seismic surveys, but not during transit surveys by L–DEO and would use effort), and at a shot interval of every to and from the survey area. Take of conventional seismic methodology. The minute (approximately 130 m) during marine mammals is not expected to surveys would involve one source turns (approximately 29 percent of occur incidental to use of the MBES, vessel, the R/V Langseth. R/V Langseth survey effort). SBP, or ADCP because they will be Short-period OBSs would be would deploy an array of 36 airguns as operated only during seismic deployed first along five OBS refraction an energy source with a total volume of acquisition, and it is assumed that, lines by CCGS Tully. Two OBS lines run 6,600 in3. The array consists of 36 during simultaneous operations of the parallel to the coast, and three are elements, including 20 Bolt 1500LL airgun array and the other sources, any perpendicular to the coast; one airguns with volumes of 180 to 360 in3 marine mammals close enough to be perpendicular line is located off and 16 Bolt 1900LLX airguns with affected by the MBES, SBP, and ADCP Southeast Alaska, one is off Haida volumes of 40 to 120 in3. The airgun would already be affected by the Gwaii, British Columbia, and another is airguns. However, whether or not the array configuration is illustrated in located in Dixon Entrance. Please see Figure 2–11 of NSF and USGS’s airguns are operating simultaneously Figure 1 for all location references. with the other sources, given the other Programmatic Environmental Impact Following refraction shooting of a single Statement (PEIS; NSF–USGS, 2011). sources’ characteristics (e.g., narrow line, short-period instruments on that downward-directed beam), marine (The PEIS is available online at: line would be recovered, serviced, and www.nsf.gov/geo/oce/envcomp/usgs- mammals would experience no more redeployed on a subsequent refraction than one or two brief ping exposures nsf-marine-seismic-research/nsf-usgs- line while MCS data would be acquired final-eis-oeis-with-appendices.pdf). The from them, if any exposure were to by the Langseth. MCS lines would be occur. Proposed mitigation, monitoring, vessel speed during seismic operations acquired off Southeast Alaska, Haida would be approximately 4.2 knots (kn) and reporting measures are described in ∼ Gwaii, and Dixon Entrance. The coast- detail later in this document (please see ( 7.8 km/hour) during the survey and parallel OBS refraction transect nearest the airgun array would be towed at a Proposed Mitigation and Proposed to shore would only be surveyed once Monitoring and Reporting). depth of 12 m. The receiving system at OBS shot spacing. The other coast- would consist of OBSs and a towed parallel OBS refraction transect (on the Description of Marine Mammals in the hydrophone streamer with a nominal ocean side) would be acquired twice, Area of Specified Activities length of 15 km (OBS and multi-channel once during refraction and once during Sections 3 and 4 of the application seismic (MCS) shooting). As the airguns reflection surveys. In addition, portions are towed along the survey lines, the summarize available information of the three coast-perpendicular OBS regarding status and trends, distribution hydrophone streamer would transfer the refraction lines would also be surveyed and habitat preferences, and behavior data to the on-board processing system, twice, once for OBS shot spacing and and life history, of the potentially and the OBSs would receive and store once for MCS shot spacing. The affected species. Additional information the returning acoustic signals internally coincident reflection/refraction profiles regarding population trends and threats for later analysis. that run parallel to the coast would be may be found in NMFS’ Stock Approximately 60 short-period OBSs acquired in multiple segments to ensure Assessment Reports (SARs; would be deployed and subsequently straight-line geometry. Sawtooth transits www.fisheries.noaa.gov/national/ retrieved at a total of 123 sites in during which seismic data would be marine-mammal-protection/marine- multiple phases from a second vessel, acquired would take place between mammal-stock-assessments) and more the Canadian Coast Guard ship John P. transect lines when possible; otherwise, Tully (CCGS Tully). Along OBS boxcar turns would be performed to general information about these species refraction lines, OBSs would be save time. Both reflection and refraction (e.g., physical and behavioral deployed by CCGS Tully at 10 km surveys would use the same airgun descriptions) may be found on NMFS’ intervals, with a spacing of 5 km over array with the same discharge volume. website (www.fisheries.noaa.gov/find- the central 40 km of the fault zone for There could be additional seismic species). fault-normal crossings. Twenty-eight operations associated with turns, airgun Table 1 lists all species with expected broadband OBS instruments would also testing, and repeat coverage of any areas potential for occurrence in the survey collect data during the survey and where initial data quality is sub- area and summarizes information would be deployed prior to the active- standard, and 25 percent has been related to the population or stock, source seismic survey, depending on added to the assumed survey line-kms including regulatory status under the logistical constraints. When an OBS is to account for this potential. MMPA and Endangered Species Act ready to be retrieved, an acoustic release Note that the location of some (ESA) and potential biological removal transponder (pinger) interrogates the tracklines has been modified from the (PBR), where known. For taxonomy, we instrument at a frequency of 8–11 kHz; original proposal as represented in follow Committee on Taxonomy (2020). a response is received at 11.5–13 kHz. Figure 1 and reflected in the take PBR is defined by the MMPA as the The burn-wire release assembly is then estimation analysis (see Estimated maximum number of animals, not activated, and the instrument is released Take). However, these minor including natural mortalities, that may from its 80-kg anchor to float to the modifications do not substantively be removed from a marine mammal surface. Take of marine mammals is not impact the location of survey effort or stock while allowing that stock to reach expected to occur incidental to L–DEO’s the proportion of survey effort in or maintain its optimum sustainable use of OBSs. different depth bins and, therefore, the population (as described in NMFS’s The airguns would fire at a shot original take estimates remain accurate. SARs). While no mortality is anticipated interval of 50 m (approximately 23 s) In addition to the operations of the or authorized here, PBR and annual during MCS shooting with the airgun array, a multibeam echosounder serious injury and mortality from hydrophone streamer (approximately 42 (MBES), a sub-bottom profiler (SBP), anthropogenic sources are included here

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as gross indicators of the status of the described briefly but omitted from Columbia (U.S. Department of the Navy, species and other threats. further analysis. These generally 2015). There have also been four Marine mammal abundance estimates include species that do not normally sightings, each of a single North Pacific presented in this document represent occur in the area but for which there are right whale, in California waters within the total number of individuals that one or more occurrence records that are approximately the last 30 years (most make up a given stock or the total considered beyond the normal range of recently in 2017) (Carretta et al., 1994; number estimated within a particular the species. These species include Brownell et al., 2001; Price, 2017). study or survey area. NMFS’ stock pygmy sperm whale (Kogia breviceps), There is a very low probability of abundance estimates for most species dwarf sperm whale (K. sima), encountering this species in the action represent the total estimate of Blainville’s beaked whale (Mesoplodon area, and it is not discussed further. individuals within the geographic area, densirostris), Hubbs’ beaked whale There are eight killer whale stocks if known, that comprises that stock. For (Mesoplodon carlhubbsi), false killer recognized in the U.S. Pacific, with some species, this geographic area may whale (Pseudorca crassidens), short- Southern Resident killer whales being extend beyond U.S. waters. All managed finned pilot whale (Globicephala the only ESA-listed population. stocks in this region are assessed in macrorhynchus), common bottlenose Southern Resident killer whales NMFS’ U.S. Pacific and Alaska SARs. dolphin (Tursiops truncatus), common primarily occur in the southern Strait of All MMPA stock information presented dolphin (Delphius delphis), striped Georgia, Strait of Juan de Fuca, Puget in Table 1 is the most recent available dolphin (Stenella coeruleoalba), and Sound, and the southern half of the west at the time of publication and is rough-toothed dolphin (Steno coast of Vancouver Island (Carretta et available in the 2019 SARs (Caretta et bredanensis), which are all typically al., 2020). However, they have been al., 2020; Muto et al., 2020) and draft distributed further south in the observed in southeast Alaska. In 2007, 2020 SARs (available online at: California Current ecosystem, and whales from L-pod were sighted off www.fisheries.noaa.gov/national/ beluga whales (Delphinapterus leucas), Chatham Strait, Alaska, the farthest marine-mammal-protection/draft- which are found further north, with a north they have ever been documented marine-mammal-stock-assessment- population in Yakutat Bay. (Carretta et al., 2020). During the reports). Where available, abundance The North Pacific right whale summer, Southern Resident killer and status information is also presented (Eubalaena japonica) historically whales typically spend their time for marine mammals in British occurred across the North Pacific Ocean within the inland waters of Washington Columbia waters. in subpolar to temperate waters, and southern British Columbia, south of Twenty-one species (with 28 managed including waters off the coast of British the proposed survey area. There is a stocks) are considered to have the Columbia (Scarff, 1986; Clapham et al., very low probability of encountering potential to occur in the proposed 2004). Sightings of this endangered this stock in the action area, and it is not survey area. Species that could species are now extremely rare, discussed further. potentially occur in the proposed occurring primarily in the Okhotsk Sea In addition, the northern sea otter research area but are not likely to be and the eastern Bering Sea (Brownell et (Enhydra lutris kenyoni) is found in harassed due to the rarity of their al., 2001; Shelden et al., 2005; Wade et coastal waters of Alaska. However, this occurrence (i.e., are considered al., 2006; Zerbini et al., 2010). In 2013, species is managed by the U.S. Fish and extralimital or rare visitors to southeast two North Pacific right whale sightings Wildlife Service and is not considered Alaska/northern British Columbia) are were made off the coast of British further in this document. TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE SURVEY AREA

ESA/ MMPA Stock abundance British Common name Scientific name Stock status; (CV, Nmin, most re- Columbia PBR Annual cent M/SI 4 strategic abundance 3 abundance survey) 2 I (Y/N) 1 I I I Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray Eschrichtius robustus ...... Eastern North Pacific -; N 26,960 (0.05; 25,849; ...... 801 131 whale (ENP) *. 2016). Western North Pacific E/D; Y 290 (n/a; 271; 2016) ...... 0.12 Unk (WNP) *. Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae Central North Pacific E/D; Y 10,103 (0.3; 7,891; 1,029 83 26 kuzira. (CNP) *. 2006). Minke whale ...... Balaenoptera acutorostrata Alaska * ...... -; N Unknown ...... 522 Undet. 0 scammoni. Sei whale ...... B. borealis borealis ...... ENP ...... E/D; Y 519 (0.4; 374; 2014) ...... 0.75 ≥0.2 Fin whale ...... B. physalus physalus ...... Northeast Pacific * ...... E/D; Y Unknown ...... 329 Undet. 0.6 Blue whale ...... B. musculus musculus ...... ENP ...... E/D; Y 1,496 (0.44; 1,050; ...... 71.2 ≥19.4 2014).

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae: Physeter macrocephalus ... North Pacific * ...... E/D; Y Unknown ...... Undet. 3.5 Sperm whale Family Ziphiidae (beaked whales): Cuvier’s beaked whale Ziphius cavirostris ...... Alaska * ...... -; N Unknown ...... Undet. 0 Baird’s beaked whale Berardius bairdii ...... Alaska * ...... -; N Unknown ...... Undet. 0 Stejneger’s beaked Mesoplodon stejnegeri ...... Alaska * ...... -; N Unknown ...... Undet. 0 whale. Family Delphinidae:

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

ESA/ Stock abundance British MMPA (CV, N , most re- Annual Common name Scientific name Stock status; min Columbia PBR cent M/SI 4 strategic abundance 3 abundance survey) 2 (Y/N) 1

Pacific white-sided dol- Lagenorhynchus North Pacific 6 ...... -; N 26,880 (n/a; 26,880; 22,160 Undet. 0 phin. obliquidens. 1990). Northern right whale Lissodelphis borealis ...... CA/OR/WA ...... -; N 26,556 (0.44; 18,608; ...... 179 3.8 dolphin. 2014). Risso’s dolphin ...... Grampus griseus ...... CA/OR/WA ...... -; N 6,336 (0.32; 4,817; ...... 46 ≥3.7 2014). Killer whale ...... Orcinus orca 5 ...... ENP Offshore ...... -; N 300 (0.1; 276; 2012) 371 2.8 0 ENP Gulf of Alaska, Aleu- -; N 587 (n/a; 2012) ...... 5.9 0.8 tian Islands, and Bering Sea Transient. ENP West Coast Transient -; N 349 (n/a; 2018) ...... 3.5 0.4 ENP Alaska Resident ...... -; N 2,347 (n/a; 2012) ...... 24 1 Northern Resident ...... -; N 302 (n/a; 2018) ...... 2.2 0.2 Family Phocoenidae (porpoises): Harbor porpoise ...... Phocoena phocoena Southeast Alaska * ...... -; Y Unknown ...... 8,091 Undet. 34 vomerina. Dall’s porpoise ...... Phocoenoides dalli dalli ..... Alaska 6 ...... -; N 83,400 (0.097; n/a; 5,303 Undet. 38 1991).

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Northern fur seal ...... Callorhinus ursinus ...... Pribilof Islands/Eastern Pa- D; Y 608,143 (0.2; ...... 11,067 387 cific. 514,738; 2018). California sea lion ...... Zalophus californianus ...... United States ...... -/-; N 257,606 (N/A, ...... 14,011 ≥321 233,515, 2014). Steller sea lion ...... Eumetopias jubatus Western U.S. * ...... E/D; Y 52,932 (n/a; 2019) .... 15,348 318 255 jubatus. E. j. monteriensis ...... Eastern U.S. * ...... -/-; N 43,201 (n/a; 2017) .... 2,592 112 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina richardii ...... Sitka/Chatham Strait ...... -; N 13,289 (n/a; 11,883; 24,916 356 77 2015). Dixon/Cape Decision ...... -; N 23,478 (n/a; 21,453; 644 69 2015). Clarence Strait ...... -; N 27,659 (n/a; 24,854; 746 40 2015). Northern elephant seal Mirounga angustirostris ..... California Breeding ...... -; N 179,000 (n/a; 81,368; ...... 4,882 8.8 2010). * Stocks marked with an asterisk are addressed in further detail in text below. 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 at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coeffi- cient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For most stocks of killer whales, the abundance values represent direct counts of individually identifiable animals; therefore there is only a single abundance estimate with no associated CV. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the species’ (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore. 3 Total abundance estimates for animals in British Columbia based on surveys of the Strait of Georgia, Johnstone Strait, Queen Charlotte Sound, Hecate Strait, and Dixon Entrance. This column represents estimated abundance of animals in British Columbia, where available, but does not necessarily represent additional stocks. Please see Best et al. (2015) and Pitcher et al. (2007) for additional information. 4 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. All M/SI values are as presented in the draft 2020 SARs. 5 Transient and resident killer whales are considered unnamed subspecies (Committee on Taxonomy, 2020). 6 Abundance estimates for these stocks are not considered current. PBR is therefore considered undetermined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates, as these represent the best available information for use in this document. 7 This stock is known to spend a portion of time outside the U.S. EEZ. Therefore, the PBR presented here is the allocation for U.S. waters only and is a portion of the total. The total PBR for blue whales is 2.1 (7/12 allocation for U.S. waters). Annual M/SI presented for these species is for U.S. waters only.

Table 1 denotes the status of species porpoise, and Steller sea lion are historically been considered and stocks under the U.S. MMPA and considered species of special concern. geographically isolated from each other; ESA. We note also that under Canada’s Two populations of gray whales are however, data from satellite-tracked Species at Risk Act, the sei whale and recognized, eastern and western North whales indicate that there is some blue whale are listed as endangered; the Pacific (ENP and WNP). WNP whales overlap between the stocks. Two WNP fin whale and northern resident, are known to feed in the Okhotsk Sea whales were tracked from Russian offshore, and transient populations of and off of Kamchatka before migrating foraging areas along the Pacific rim to killer whales are listed as threatened; south to poorly known wintering Baja California (Mate et al., 2011), and, and the humpback whale, harbor grounds, possibly in the South China in one case where the satellite tag Sea. The two populations have remained attached to the whale for a

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longer period, a WNP whale was tracked for this area (also not been corrected for combined abundance estimate for from Russia to Mexico and back again animals missed on the trackline) harbor porpoise in the northern (IWC, 2012). A number of whales are (Zerbini et al., 2006). The majority of the (including Cross Sound, Icy Strait, known to have occurred in the eastern sightings were in the Aleutian Islands, Glacier Bay, Lynn Canal, Stephens Pacific through comparisons of ENP and rather than in the Gulf of Alaska, and in Passage, and Chatham Strait) and WNP photo-identification catalogs water shallower than 200 m. These southern (including Frederick Sound, (IWC, 2012; Weller et al., 2011; Burdin estimates cannot be used as an estimate Sumner Strait, Wrangell and Zarembo et al., 2011). Therefore, a portion of the of the entire Alaska stock of minke Islands, and Clarence Strait as far south WNP population is assumed to migrate, whales because only a portion of the as Ketchikan) regions of the inland at least in some years, to the eastern stock’s range was surveyed. Similarly, waters of 975 (95 percent CI = 857– Pacific during the winter breeding although a comprehensive abundance 1,109). This abundance estimate was season. Based on guidance provided estimate is not available for the subsequently corrected for detection through interagency consultation under northeast Pacific stock of fin whales, biases, which are expected to be high for section 7 of the ESA, approximately 0.1 provisional estimates representing harbor porpoise (Muto et al., 2020). The percent of gray whales occurring in portions of the range are available. The resulting abundance estimates are 553 southeast Alaska and northern British same 2010 survey of the eastern Bering harbor porpoise (CV = 0.13) in the Columbia are likely to be from the Sea shelf provided an estimate of 1,061 northern inland waters and 801 harbor Western North Pacific stock; the rest (CV = 0.38) fin whales (Friday et al., porpoise (CV = 0.15) in the southern would be from the Eastern North Pacific 2013). The estimate is not corrected for inland waters (Muto et al., 2020). stock. missed animals, but is expected to be The Steller sea lion ranges from Japan, Prior to 2016, humpback whales were robust as previous studies have shown through the Okhotsk and Bering Seas, to listed under the ESA as an endangered that only small correction factors are central California. It consists of two species worldwide. Following a 2015 needed for fin whales (Barlow, 1995). morphologically, ecologically, and global status review (Bettridge et al., Zerbini et al. (2006) produced an behaviorally separate DPSs: The 2015), NMFS delineated 14 distinct estimate of 1,652 (95 percent CI: 1,142– Eastern, which includes sea lions in population segments (DPS) with 2,389) fin whales for the area described southeast Alaska, British Columbia, different listing statuses (81 FR 62259; above. Washington, Oregon, and California; September 8, 2016) pursuant to the ESA. Current and historical estimates of the and the Western, which includes sea The DPSs that occur in U.S. waters do abundance of sperm whales in the North lions in all other regions of Alaska, as not necessarily equate to the existing Pacific are considered unreliable, and well as Russia and Japan. At the time of stocks designated under the MMPA and caution should be exercised in their initial listing under the ESA, shown in Table 1. interpreting published estimates (Muto Steller sea lions were considered a In the eastern North Pacific, three et al., 2017). However, Kato and single population listed as threatened. humpback whale DPSs may occur: The Miyashita (1998) produced an In 1997, following a status review, Hawaii DPS (not listed), Mexico DPS abundance estimate of 102,112 (CV = NMFS established two DPSs of Steller (threatened), and Central America DPS 0.155) sperm whales in the western sea lions, and issued a final (endangered). Individuals encountered North Pacific (believed to be positively determination to list the Western DPS as in the proposed survey area would biased). The number of sperm whales endangered under the ESA. The Eastern likely be from the Hawaii DPS, followed occurring within Alaska waters is DPS of Steller sea lion was delisted in by the Mexico DPS; individuals from unknown. 2013. According to Hastings et al. the Central America DPS are unlikely to Very little information is available (2020), approximately 2.2 percent of feed in northern British Columbia and regarding beaked whale stocks in Steller sea lions occurring in the Southeast Alaska (Ford et al., 2014). Alaska, with no reliable abundance proposed action area are likely to be According to Wade (2017), in southeast estimates available for any stock. from the Western DPS; the rest would be Alaska and northern British Columbia, Sightings of all beaked whale species from the Eastern DPS. encountered whales are most likely to are rare in Alaska, and their presence be from the Hawaii DPS (96.1 percent), and distribution have mostly been Important Habitat but could be from the Mexico DPS (3.8 inferred from stranding data. During Several biologically important areas percent). long-term passive acoustic monitoring (BIA) for marine mammals are Although no comprehensive conducted at five sites in the Gulf of recognized in southeast Alaska, and abundance estimate is available for the Alaska from 2011–15, all three species critical habitat is designated in Alaska stock of minke whales, recent were detected at three sites located on southeast Alaska for the Steller sea lion surveys provide estimates for portions the continental slope and offshore (58 FR 45269; August 27, 1993) and the of the stock’s range. A 2010 survey seamounts (Rice et al., 2021). There was Mexico DPS of humpback whale (86 FR conducted on the eastern Bering Sea no clear diel or interannual pattern for 21082; April 21, 2021). Note that shelf produced a provisional abundance any species at any site. However, a although the eastern DPS of Steller sea estimate of 2,020 (CV = 0.73) whales different species was predominant at lion was delisted in 2013, the change in (Friday et al., 2013). This estimate is each site and, when detected at the listing status does not affect the considered provisional because it has same locations, detection peaks were all designated critical habitat. Critical not been corrected for animals missed seasonally offset, demonstrating some habitat is defined by section 3 of the on the trackline, animals submerged degree of habitat partitioning. The ESA as (1) the specific areas within the when the ship passed, or responsive authors noted that detections for all geographical area occupied by the movement. Additionally, line-transect three beaked whale species were low species, at the time it is listed, on which surveys were conducted in shelf and throughout the summer. Stranding are found those physical or biological nearshore waters (within 30–45 nautical records exist for all three species of features (a) essential to the conservation miles of land) in 2001–2003 between the beaked whale in the survey area. of the species and (b) which may require Kenai Peninsula (150° W) and Amchitka Using 2010–2012 survey data for the special management considerations or Pass (178° W). Minke whale abundance inland waters of southeast Alaska, protection; and (2) specific areas outside was estimated to be 1,233 (CV = 0.34) Dahlheim et al. (2015) calculated a the geographical area occupied by the

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species at the time it is listed, upon a would be insignificant and would not marine mammal population; and determination by the Secretary that such affect the conservation value of the demands immediate response.’’ For areas are essential for the conservation critical habitat. more information on UMEs, please visit: of the species. For humpback whales, seasonal www.fisheries.noaa.gov/national/ Mexico DPS humpback whale critical feeding BIAs for spring (March–May), marine-mammal-protection/marine- habitat includes marine waters in summer (June–August), and fall mammal-unusual-mortality-events. Washington, Oregon, California, and (September–November) are recognized There is a currently ongoing UME Alaska. Only the areas designated in in southeast Alaska (Ferguson et al., affecting gray whales throughout their southeast Alaska fall within the survey 2015). It should be noted that the migratory range. area. The relevant designated critical aforementioned designated critical Since January 1, 2019, elevated gray habitat (Unit 10) extends from 139°24′ habitat in the survey area was based in whale strandings have occurred along W, southeastward to the U.S. border large part on the same information that the west coast of North America from with Canada. The area also extends informed an understanding of the BIAs. Mexico through Alaska. As of May 6, offshore to a boundary drawn along the Though the BIAs are not synonymous 2021, there have been a total of 454 2,000-m isobath. The essential feature with critical habitat designated under whales reported in the event, with for Mexico DPS humpback whale the ESA, they were regarded by the approximately 218 dead whales in critical habitat is prey species, primarily humpback whale critical habitat review Mexico, 218 whales in the United States euphausiids and small pelagic schooling team as an important source of (62 in California; 10 in Oregon; 53 in fishes of sufficient quality, abundance, information and informative to their Washington, 93 in Alaska), and 18 and accessibility within humpback review of areas that meet the definition whales in British Columbia, Canada. For whale feeding areas to support feeding of critical habitat for humpback whales the United States, the historical 18-year and population growth. This area was (86 FR 21082; April 21, 2021). The 5-month average (Jan–May) is 14.8 drawn to encompass well-established aforementioned southeast Alaska unit of whales for the four states for this same feeding grounds in southeast Alaska and designated critical habitat encompasses time-period. Several dead whales have an identified feeding BIA (86 FR 21082; the BIAs, with the offshore and been emaciated with moderate to heavy April 21, 2021). Humpback whales nearshore boundaries corresponding whale lice (cyamid) loads. Necropsies occur year-round in this unit, with with the BIA boundary. have been conducted on a subset of highest densities occurring in summer A separate feeding BIA is recognized whales with additional findings of and fall (Baker et al., 1985, 1986). in southeast Alaska for gray whales. vessel strike in three whales and Critical habitat for humpback whales Once considered only a migratory entanglement in one whale. In Mexico, has been designated under Canadian pathway, the Gulf of Alaska is now 50–55 percent of the free-ranging whales law in four locations in British known to provide foraging and observed in the lagoons in winter have Columbia (DFO, 2013), including in the overwintering habitat for ENP gray been reported as ‘‘skinny’’ compared to waters of the survey area off Haida whales (Ferguson et al., 2015). Based on the annual average of 10–12 percent Gwaii (Langara Island and Southeast the regular occurrence of feeding gray ‘‘skinny’’ whales normally seen. The Moresby Island). These areas show whales (including repeat sightings of cause of the UME is as yet persistent aggregations of humpback individuals across years) off southeast undetermined. For more information, whales and have features such as prey Alaska, an area off of Sitka is please visit: www.fisheries.noaa.gov/ availability, suitable acoustic recognized. The greatest densities of national/marine-life-distress/2019– environment, water quality, and gray whales on the feeding area in 2020-gray-whale-unusual-mortality- physical space that allow for feeding, southeast Alaska occur from May to event-along-west-coast-and. foraging, socializing, and resting (DFO, November. However, this area is located Another recent, notable UME 2013). to the north of the proposed survey area involved large whales and occurred in Designated Steller sea lion critical and would not be expected to be the western Gulf of Alaska and off of habitat includes terrestrial, aquatic, and meaningfully impacted by the survey British Columbia, Canada. Beginning in air zones that extend 3,000 ft (0.9 km) activities. A separate migratory BIA is May 2015, elevated large whale landward, seaward, and above each recognized as extending along the mortalities (primarily fin and humpback major rookery and major haul-out in continental shelf throughout the Gulf of whales) occurred in the areas around Alaska. Within the survey area, critical Alaska. During their annual migration, Kodiak Island, Afognak Island, Chirikof habitat is located on islands off the coast most gray whales pass through the Gulf Island, the Semidi Islands, and the of southeast Alaska (e.g., Sitka, of Alaska in the fall (November through southern shoreline of the Alaska Coronation Island, Noyes Island, and January; southbound) and again in the Peninsula. Although most carcasses Forrester Island). The physical and spring (March through May; have been non-retrievable as they were biological features identified for the northbound) (Ferguson et al., 2015). discovered floating and in a state of aquatic areas of Steller sea lion Therefore, the planned survey would moderate to severe decomposition, the designated critical habitat that occur not be expected to impact gray whale UME is likely attributable to ecological within the survey area are those that migratory habitat due to the timing of factors, i.e., the 2015 El Nin˜ o, ‘‘warm support foraging, such as adequate prey the survey in late summer. No important water blob,’’ and the Pacific Coast resources and available foraging habitat. behaviors of gray whales in either the domoic acid bloom. The UME was The proposed survey tracklines do not feeding or migratory BIAs are expected closed in 2016. More information is directly overlap any areas of Steller sea to be affected. For more information on available online at lion critical habitat, though the extent of BIAs, please see Ferguson et al. (2015) www.fisheries.noaa.gov/national/ the estimated ensonified area associated or visit https://oceannoise.noaa.gov/ marine-life-distress/2015–2016-large- with the survey would overlap with biologically-important-areas. whale-unusual-mortality-event-western- units of Steller sea lion critical habitat. gulf-alaska. However, the brief duration of Unusual Mortality Events (UME) ensonification for any critical habitat A UME is defined under the MMPA Marine Mammal Hearing unit leads us to conclude that any as ‘‘a stranding that is unexpected; Hearing is the most important sensory impacts on Steller sea lion habitat involves a significant die-off of any modality for marine mammals

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underwater, and exposure to divided into functional hearing groups Generalized hearing ranges were chosen anthropogenic sound can have based on directly measured or estimated based on the approximately 65 decibel deleterious effects. To appropriately hearing ranges on the basis of available (dB) threshold from the normalized assess the potential effects of exposure behavioral response data, audiograms composite audiograms, with the to sound, it is necessary to understand derived using auditory evoked potential exception for lower limits for low- the frequency ranges marine mammals techniques, anatomical modeling, and frequency cetaceans where the lower are able to hear. Current data indicate other data. Note that no direct bound was deemed to be biologically that not all marine mammal species measurements of hearing ability have implausible and the lower bound from have equal hearing capabilities (e.g., been successfully completed for Southall et al. (2007) retained. Marine Richardson et al., 1995; Wartzok and mysticetes (i.e., low-frequency mammal hearing groups and their Ketten, 1999; Au and Hastings, 2008). cetaceans). Subsequently, NMFS (2018) associated hearing ranges are provided To reflect this, Southall et al. (2007) described generalized hearing ranges for in Table 2. recommended that marine mammals be these marine mammal hearing groups.

TABLE 2—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing 19580, April 7, 2020). No significant unit of time and is measured in hertz or group was modified from Southall et al. new information is available, and we cycles per second. Wavelength is the (2007) on the basis of data indicating refer the reader to these documents for distance between two peaks or that phocid species have consistently additional detail. The Estimated Take corresponding points of a sound wave demonstrated an extended frequency section includes a quantitative analysis (length of one cycle). Higher frequency range of hearing compared to otariids, of the number of individuals that are sounds have shorter wavelengths than especially in the higher frequency range expected to be taken by L–DEO’s lower frequency sounds, and typically (Hemila¨ et al., 2006; Kastelein et al., activity. The Negligible Impact Analysis attenuate (decrease) more rapidly, 2009; Reichmuth and Holt, 2013). and Determination section considers the except in certain cases in shallower For more detail concerning these potential effects of the specified activity, water. Amplitude is the height of the groups and associated frequency ranges, the Estimated Take section, and the sound pressure wave or the ‘‘loudness’’ please see NMFS (2018) for a review of Proposed Mitigation section, to draw of a sound and is typically described available information. Twenty-one conclusions regarding the likely impacts using the relative unit of the decibel. A marine mammal species (16 cetacean of these activities on the reproductive sound pressure level (SPL) in dB is and 5 pinniped (3 otariid and 2 phocid) success or survivorship of individuals described as the ratio between a species) are considered herein. Of the and how those impacts on individuals measured pressure and a reference cetacean species that may be present, are likely to impact marine mammal pressure (for underwater sound, this is six are classified as low-frequency species or stocks. 1 microPascal (mPa)), and is a cetaceans (i.e., all mysticete species), Background on Active Acoustic Sound logarithmic unit that accounts for large eight are classified as mid-frequency variations in amplitude. Therefore, a cetaceans (i.e., all delphinid and ziphiid Sources and Acoustic Terminology relatively small change in dB species and the sperm whale), and two This section contains a brief technical corresponds to large changes in sound are classified as high-frequency background on sound, on the pressure. The source level (SL) cetaceans (i.e., porpoises). characteristics of certain sound types, and on metrics used in this proposal represents the SPL referenced at a Potential Effects of Specified Activities inasmuch as the information is relevant distance of 1 m from the source on Marine Mammals and Their Habitat to the specified activity and to the (referenced to 1 mPa), while the received This section includes a summary of discussion of the effects of the specified level is the SPL at the listener’s position the ways that L–DEO’s specified activity activity on marine mammals in this (referenced to 1 mPa). may impact marine mammals and their document. For general information on Root mean square (rms) is the habitat. Detailed descriptions of the sound and its interaction with the quadratic mean sound pressure over the potential effects of similar specified marine environment, please see, e.g., Au duration of an impulse. Root mean activities have been provided in other and Hastings (2008); Richardson et al. square is calculated by squaring all of recent Federal Register notices, (1995); Urick (1983). the sound amplitudes, averaging the including for survey activities using the Sound travels in waves, the basic squares, and then taking the square root same methodology and over a similar components of which are frequency, of the average (Urick, 1983). Root mean amount of time, and affecting similar wavelength, velocity, and amplitude. square accounts for both positive and species (e.g., 83 FR 29212, June 22, Frequency is the number of pressure negative values; squaring the pressures 2018; 84 FR 14200, April 9, 2019; 85 FR waves that pass by a reference point per makes all values positive so that they

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may be accounted for in the summation 200 hertz (Hz) and 50 kilohertz (kHz) but due to propagation effects as it of pressure levels (Hastings and Popper, (Mitson, 1995). In general, ambient moves farther from the source, the 2005). This measurement is often used sound levels tend to increase with signal duration becomes longer (e.g., in the context of discussing behavioral increasing wind speed and wave height. Greene and Richardson, 1988). effects, in part because behavioral Precipitation can become an important Pulsed sound sources (e.g., airguns, effects, which often result from auditory component of total sound at frequencies explosions, gunshots, sonic booms, cues, may be better expressed through above 500 Hz, and possibly down to 100 impact pile driving) produce signals averaged units than by peak pressures. Hz during quiet times. Marine mammals that are brief (typically considered to be Sound exposure level (SEL; can contribute significantly to ambient less than one second), broadband, atonal represented as dB re 1 mPa2-s) sound levels, as can some fish and transients (ANSI, 1986, 2005; Harris, represents the total energy in a stated snapping shrimp. The frequency band 1998; NIOSH, 1998; ISO, 2003) and frequency band over a stated time for biological contributions is from occur either as isolated events or interval or event and considers both approximately 12 Hz to over 100 kHz. repeated in some succession. Pulsed intensity and duration of exposure. The Sources of ambient sound related to sounds are all characterized by a per-pulse SEL is calculated over the human activity include transportation relatively rapid rise from ambient time window containing the entire (surface vessels), dredging and pressure to a maximal pressure value pulse (i.e., 100 percent of the acoustic construction, oil and gas drilling and followed by a rapid decay period that energy). SEL is a cumulative metric; it production, geophysical surveys, sonar, may include a period of diminishing, can be accumulated over a single pulse, and explosions. Vessel noise typically oscillating maximal and minimal or calculated over periods containing dominates the total ambient sound for pressures, and generally have an multiple pulses. Cumulative SEL frequencies between 20 and 300 Hz. In increased capacity to induce physical represents the total energy accumulated general, the frequencies of injury as compared with sounds that by a receiver over a defined time anthropogenic sounds are below 1 kHz lack these features. window or during an event. Peak sound and, if higher frequency sound levels Non-pulsed sounds can be tonal, pressure (also referred to as zero-to-peak are created, they attenuate rapidly. narrowband, or broadband, brief or sound pressure or 0-pk) is the maximum The sum of the various natural and prolonged, and may be either instantaneous sound pressure anthropogenic sound sources that continuous or intermittent (ANSI, 1995; measurable in the water at a specified comprise ambient sound at any given NIOSH, 1998). Some of these non- distance from the source and is location and time depends not only on pulsed sounds can be transient signals represented in the same units as the rms the source levels (as determined by of short duration but without the sound pressure. current weather conditions and levels of essential properties of pulses (e.g., rapid When underwater objects vibrate or biological and human activity) but also rise time). Examples of non-pulsed activity occurs, sound-pressure waves on the ability of sound to propagate sounds include those produced by are created. These waves alternately through the environment. In turn, sound vessels, aircraft, machinery operations compress and decompress the water as propagation is dependent on the such as drilling or dredging, vibratory the sound wave travels. Underwater spatially and temporally varying pile driving, and active sonar systems. sound waves radiate in a manner similar properties of the water column and sea The duration of such sounds, as to ripples on the surface of a pond and floor, and is frequency-dependent. As a received at a distance, can be greatly may be either directed in a beam or result of the dependence on a large extended in a highly reverberant beams or may radiate in all directions number of varying factors, ambient environment. (omnidirectional sources), as is the case sound levels can be expected to vary Airgun arrays produce pulsed signals for sound produced by the pile driving widely over both coarse and fine spatial with energy in a frequency range from activity considered here. The and temporal scales. Sound levels at a about 10–2,000 Hz, with most energy compressions and decompressions given frequency and location can vary radiated at frequencies below 200 Hz. associated with sound waves are by 10–20 dB from day to day The amplitude of the acoustic wave detected as changes in pressure by (Richardson et al., 1995). The result is emitted from the source is equal in all aquatic life and man-made sound that, depending on the source type and directions (i.e., omnidirectional), but receptors such as hydrophones. its intensity, sound from the specified airgun arrays do possess some Even in the absence of sound from the activity may be a negligible addition to directionality due to different phase specified activity, the underwater the local environment or could form a delays between guns in different environment is typically loud due to distinctive signal that may affect marine directions. Airgun arrays are typically ambient sound, which is defined as mammals. Details of source types are tuned to maximize functionality for data environmental background sound levels described in the following text. acquisition purposes, meaning that lacking a single source or point Sounds are often considered to fall sound transmitted in horizontal (Richardson et al., 1995). The sound into one of two general types: Pulsed directions and at higher frequencies is level of a region is defined by the total and non-pulsed (defined in the minimized to the extent possible. acoustical energy being generated by following). The distinction between known and unknown sources. These these two sound types is important Summary on Specific Potential Effects sources may include physical (e.g., because they have differing potential to of Acoustic Sound Sources wind and waves, earthquakes, ice, cause physical effects, particularly with Underwater sound from active atmospheric sound), biological (e.g., regard to hearing (e.g., Ward, 1997 in acoustic sources can include one or sounds produced by marine mammals, Southall et al., 2007). Please see more of the following: Temporary or fish, and invertebrates), and Southall et al. (2007) for an in-depth permanent hearing impairment, non- anthropogenic (e.g., vessels, dredging, discussion of these concepts. The auditory physical or physiological construction) sound. A number of distinction between these two sound effects, behavioral disturbance, stress, sources contribute to ambient sound, types is not always obvious, as certain and masking. The degree of effect is including wind and waves, which are a signals share properties of both pulsed intrinsically related to the signal main source of naturally occurring and non-pulsed sounds. A signal near a characteristics, received level, distance ambient sound for frequencies between source could be categorized as a pulse, from the source, and duration of the

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sound exposure. Marine mammals In addition, sound can disrupt Ship strikes generally involve exposed to high-intensity sound, or to behavior through masking, or interfering commercial shipping, which is much lower-intensity sound for prolonged with, an animal’s ability to detect, more common in both space and time periods, can experience hearing recognize, or discriminate between than is geophysical survey activity and threshold shift (TS), which is the loss of acoustic signals of interest (e.g., those which typically involves larger vessels hearing sensitivity at certain frequency used for intraspecific communication moving at faster speeds. Jensen and ranges (Finneran, 2015). TS can be and social interactions, prey detection, Silber (2004) summarized ship strikes of permanent (PTS), in which case the loss predator avoidance, navigation). large whales worldwide from 1975– of hearing sensitivity is not fully Masking occurs when the receipt of a 2003 and found that most collisions recoverable, or temporary (TTS), in sound is interfered with by another occurred in the open ocean and which case the animal’s hearing coincident sound at similar frequencies involved large vessels (e.g., commercial threshold would recover over time and at similar or higher intensity, and shipping). Commercial fishing vessels (Southall et al., 2007). may occur whether the sound is natural were responsible for 3 percent of Due to the characteristics of airgun (e.g., snapping shrimp, wind, waves, recorded collisions, while no such arrays as a distributed sound source, precipitation) or anthropogenic (e.g., incidents were reported for geophysical maximum estimated Level A shipping, sonar, seismic exploration) in survey vessels during that time period. harassment isopleths for species of origin. For vessels used in geophysical certain hearing groups are assumed to Sound may affect marine mammals survey activities, vessel speed while fall within the near field of the array. through impacts on the abundance, towing gear is typically only 4–5 kn. At For these species, i.e., mid-frequency behavior, or distribution of prey species these speeds, both the possibility of cetaceans and all pinnipeds, animals in (e.g., crustaceans, cephalopods, fish, striking a marine mammal and the the vicinity of L–DEO’s proposed zooplankton) (i.e., effects to marine possibility of a strike resulting in seismic survey activity are unlikely to mammal habitat). Prey species exposed serious injury or mortality are so low as incur PTS. For low-frequency cetaceans to sound might move away from the to be discountable. At average transit and high-frequency cetaceans, potential sound source, experience TTS, speed for geophysical survey vessels exposures sufficient to cause low-level experience masking of biologically (approximately 10 kn), the probability of PTS may occur on the basis of relevant sounds, or show no obvious serious injury or mortality resulting cumulative exposure level and direct effects. The most likely impacts from a strike (if it occurred) is less than (if any) for most prey species in a given 50 percent (Vanderlaan and Taggart, instantaneous exposure to peak pressure area would be temporary avoidance of 2007; Conn and Silber, 2013). However, levels, respectively. However, when the area. Surveys using active acoustic the likelihood of a strike actually considered in conjunction with the sound sources move through an area happening is again low given the potential for aversive behavior, relative relatively quickly, limiting exposure to smaller size of these vessels and motion of the exposed animal and the multiple pulses. In all cases, sound generally slower speeds. We anticipate sound source, and the anticipated levels would return to ambient once a that vessel collisions involving seismic efficacy of the proposed mitigation survey ends and the noise source is shut data acquisition vessels towing gear, requirements, a reasonable conclusion down and, when exposure to sound while not impossible, represent may be drawn that PTS is not a likely ends, behavioral and/or physiological unlikely, unpredictable events for outcome for any species. However, we responses are expected to end relatively which there are no preventive measures. propose to authorize take by Level A quickly. Finally, the survey equipment Given the required mitigation measures, harassment, where indicated by the will not have significant impacts to the the relatively slow speeds of vessels quantitative exposure analysis, for seafloor and does not represent a source towing gear, the presence of bridge crew species from the low- and high- of pollution. watching for obstacles at all times frequency cetacean hearing groups. (including marine mammals), the Vessel Strike Please see Estimated Take and Proposed presence of marine mammal observers, Mitigation for further discussion. Vessel collisions with marine and the small number of seismic survey Behavioral disturbance may include a mammals, or ship strikes, can result in cruises relative to commercial ship variety of effects, including subtle death or serious injury of the animal. traffic, we believe that the possibility of changes in behavior (e.g., minor or brief These interactions are typically ship strike is discountable and, further, avoidance of an area or changes in associated with large whales, which are that were a strike of a large whale to vocalizations), more conspicuous less maneuverable than are smaller occur, it would be unlikely to result in changes in similar behavioral activities, cetaceans or pinnipeds in relation to serious injury or mortality. No and more sustained and/or potentially large vessels. The severity of injuries incidental take resulting from ship severe reactions, such as displacement typically depends on the size and speed strike is anticipated or proposed for from or abandonment of high-quality of the vessel, with the probability of authorization, and this potential effect habitat. Behavioral responses to sound death or serious injury increasing as of the specified activity will not be are highly variable and context-specific vessel speed increases (Knowlton and discussed further in the following and any reactions depend on numerous Kraus, 2001; Laist et al., 2001; analysis. intrinsic and extrinsic factors (e.g., Vanderlaan and Taggart, 2007; Conn The potential effects of L–DEO’s species, state of maturity, experience, and Silber, 2013). Impact forces increase specified survey activity are expected to current activity, reproductive state, with speed, as does the probability of a be limited to Level B harassment auditory sensitivity, time of day), as strike at a given distance (Silber et al., consisting of behavioral harassment well as the interplay between factors. 2010; Gende et al., 2011). The chances and/or temporary auditory effects and, Available studies show wide variation of a lethal injury decline from for certain species of low- and high- in response to underwater sound; approximately 80 percent at 15 kn to frequency cetaceans only, low-level therefore, it is difficult to predict approximately 20 percent at 8.6 kn. At permanent auditory effects. No specifically how any given sound in a speeds below 11.8 kn, the chances of permanent auditory effects for any particular instance might affect marine lethal injury drop below 50 percent species belonging to other hearing mammals perceiving the signal. (Vanderlaan and Taggart, 2007). groups, or significant impacts to marine

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mammal habitat, including prey, are proposed to be authorized for this factors related to the source (e.g., expected. activity. Below we describe how the frequency, predictability, duty cycle), take is estimated. the environment (e.g., bathymetry), and Estimated Take Generally speaking, we estimate take the receiving animals (hearing, This section provides an estimate of by considering: (1) Acoustic thresholds motivation, experience, demography, the number of incidental takes proposed above which NMFS believes the best behavioral context) and can be difficult for authorization through this IHA, available science indicates marine to predict (Southall et al., 2007, Ellison which will inform both NMFS’ mammals will be behaviorally harassed et al., 2012). NMFS uses a generalized consideration of ‘‘small numbers’’ and or incur some degree of permanent acoustic threshold based on received the negligible impact determination. hearing impairment; (2) the area or level to estimate the onset of behavioral Harassment is the only type of take volume of water that will be ensonified harassment. NMFS predicts that marine expected to result from these activities. above these levels in a day; (3) the mammals may be behaviorally harassed Except with respect to certain activities density or occurrence of marine (i.e., Level B harassment) when exposed not pertinent here, section 3(18) of the mammals within these ensonified areas; to underwater anthropogenic noise MMPA defines ‘‘harassment’’ as any act and, (4) and the number of days of above received levels of 160 dB re 1 mPa of pursuit, torment, or annoyance, activities. We note that while these (rms) for the impulsive sources (i.e., which (i) has the potential to injure a basic factors can contribute to a basic seismic airguns) evaluated here. marine mammal or marine mammal calculation to provide an initial Level A Harassment—NMFS’ stock in the wild (Level A harassment); prediction of takes, additional Technical Guidance for Assessing the or (ii) has the potential to disturb a information that can qualitatively Effects of Anthropogenic Sound on marine mammal or marine mammal inform take estimates is also sometimes Marine Mammal Hearing (Version 2.0) stock in the wild by causing disruption available (e.g., previous monitoring (Technical Guidance, 2018) identifies of behavioral patterns, including, but results or average group size). Below, we dual criteria to assess auditory injury not limited to, migration, breathing, describe the factors considered here in (Level A harassment) to five different nursing, breeding, feeding, or sheltering more detail and present the proposed marine mammal groups (based on (Level B harassment). take estimate. Authorized takes would primarily be hearing sensitivity) as a result of by Level B harassment, as use of seismic Acoustic Thresholds exposure to noise from two different airguns has the potential to result in NMFS uses acoustic thresholds that types of sources (impulsive or non- disruption of behavioral patterns or identify the received level of impulsive). L–DEO’s proposed seismic temporary auditory effects for underwater sound above which exposed survey includes the use of impulsive individual marine mammals. There is marine mammals would be reasonably (seismic airguns) sources. also some potential for auditory injury expected to be behaviorally harassed These thresholds are provided in the (Level A harassment) for low-frequency (equated to Level B harassment) or to table below. The references, analysis, (i.e., mysticetes) and high-frequency incur PTS of some degree (equated to and methodology used in the cetaceans (i.e., porpoises). The proposed Level A harassment). development of the thresholds are mitigation and monitoring measures are Level B Harassment—Though described in NMFS 2018 Technical expected to minimize the severity of significantly driven by received level, Guidance, which may be accessed at such taking to the extent practicable. the onset of behavioral disturbance from www.fisheries.noaa.gov/national/ As described previously, no serious anthropogenic noise exposure is also marine-mammal-protection/marine- injury or mortality is anticipated or informed to varying degrees by other mammal-acoustic-technical-guidance.

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * (received level) Hearing group Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; L,E,LF,24h: 183 dB ...... Cell 2: L,E,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; L,E,MF,24h: 185 dB ...... Cell 4: L,E,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; L,E,HF,24h: 155 dB ...... Cell 6: L,E,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; L,E,PW,24h: 185 dB ...... Cell 8: L,E,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; L,E,OW,24h: 203 dB ...... Cell 10: L,E,OW,24h: 219 dB. * 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. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. 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 feed into identifying the area ensonified proposed 2D survey would acquire data above the acoustic thresholds. using the 36-airgun array with a total Here, we describe operational and L–DEO’s modeling methodologies are discharge volume of 6,600 in3 at a environmental parameters of the activity described in greater detail in Appendix maximum tow depth of 12 m. L–DEO’s and other relevant information that will A of L–DEO’s IHA application. The modeling approach uses ray tracing for

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the direct wave traveling from the array analyze the hydrophone streamer data up to 2,800 m, but marine mammals in to the receiver and its associated source (>1,100 individual shots). These the region are generally not anticipated ghost (reflection at the air-water empirical data were then analyzed to to dive below 2,000 m (e.g., Costa and interface in the vicinity of the array), in determine in situ sound levels for Williams, 1999). L–DEO typically a constant-velocity half-space (infinite shallow and upper intermediate water derives estimated distances for homogeneous ocean layer, unbounded depths. These data suggest that modeled intermediate water depths by applying a by a seafloor). To validate the model radii were 2–3 times larger than the correction factor of 1.5 to the model results, L–DEO measured propagation of measured radii in shallow water. results for deep water. In this case, the pulses from the 36-airgun array at a tow Similarly, data collected by Crone et al. estimated radial distance for depth of 6 m in the Gulf of Mexico, for (2017) during a survey off New Jersey in ∼ intermediate (100–1,000 m) and shallow deep water ( 1,600 m), intermediate 2014 and 2015 confirmed that in situ (<100 m) water depths is taken from water depth on the slope (∼600–1,100 measurements collected by the R/V ∼ Crone et al. (2014), as these empirical m), and shallow water ( 50 m) (Tolstoy Langseth hydrophone streamer were 2– data were collected in the same region et al., 2009; Diebold et al., 2010). 3 times smaller than the predicted radii. L–DEO collected a MCS data set from L–DEO model results are used to as this proposed survey. A correction R/V Langseth (array towed at 9 m depth) determine the assumed radial distance factor of 1.15 was applied to account for on an 8-km streamer in 2012 on the to the 160-dB rms threshold for these differences in array tow depth. shelf of the Cascadia Margin off of arrays in deep water (>1,000 m) (down The estimated distances to the Level Washington in water up to 200 m deep to a maximum water depth of 2,000 m). B harassment isopleths for the array are that allowed Crone et al. (2014) to Water depths in the project area may be shown in Table 4.

TABLE 4—PREDICTED RADIAL DISTANCES TO ISOPLETHS CORRESPONDING TO LEVEL B HARASSMENT THRESHOLD

Level B Tow depth Water depth harassment Source and volume (m) (m) zone (m)

36 airgun array; 6,600 in3 ...... 12 >1000 1 6,733 100–1000 2 9,468 <100 2 12,650 1 Distance based on L–DEO model results. 2 Based on empirical data from Crone et al. (2014) with scaling.

Predicted distances to Level A The values for SELcum and peak SPL derived from the farfield signature. harassment isopleths, which vary based for the Langseth airgun arrays were Because the farfield signature does not on marine mammal hearing groups, derived from calculating the modified take into account the large array effect were calculated based on modeling far-field signature. The farfield signature near the source and is calculated as a performed by L–DEO using the is often used as a theoretical point source, the modified farfield NUCLEUS source modeling software representation of the source level. To signature is a more appropriate measure program and the NMFS User compute the farfield signature, the of the sound source level for distributed Spreadsheet, described below. The source level is estimated at a large sound sources, such as airgun arrays. L– acoustic thresholds for impulsive distance below the array (e.g., 9 km), DEO used the acoustic modeling sounds (e.g., airguns) contained in the and this level is back projected methodology as used for estimating Technical Guidance were presented as mathematically to a notional distance of Level B harassment distances with a dual metric acoustic thresholds using 1 m from the array’s geometrical center. small grid step of 1 m in both the inline both SELcum and peak sound pressure However, when the source is an array of and depth directions. The propagation metrics (NMFS 2018). As dual metrics, multiple airguns separated in space, the modeling takes into account all airgun NMFS considers onset of PTS (Level A source level from the theoretical farfield interactions at short distances from the harassment) to have occurred when signature is not necessarily the best source, including interactions between either one of the two metrics is measurement of the source level that is subarrays, which are modeled using the exceeded (i.e., metric resulting in the physically achieved at the source NUCLEUS software to estimate the largest isopleth). The SELcum metric (Tolstoy et al., 2009). Near the source (at notional signature and MATLAB considers both level and duration of short ranges, distances <1 km), the software to calculate the pressure signal exposure, as well as auditory weighting pulses of sound pressure from each at each mesh point of a grid. functions by marine mammal hearing individual airgun in the source array do In order to more realistically group. In recognition of the fact that the not stack constructively, as they do for incorporate the Technical Guidance’s requirement to calculate Level A the theoretical farfield signature. The weighting functions over the seismic harassment ensonified areas could be pulses from the different airguns spread array’s full acoustic band, unweighted more technically challenging to predict out in time such that the source levels spectrum data for the Langseth’s airgun due to the duration component and the observed or modeled are the result of array (modeled in 1 Hz bands) was used use of weighting functions in the new the summation of pulses from a few to make adjustments (dB) to the SELcum thresholds, NMFS developed an airguns, not the full array (Tolstoy et al., unweighted spectrum levels, by optional User Spreadsheet that includes 2009). At larger distances, away from frequency, according to the weighting tools to help predict a simple isopleth the source array center, sound pressure functions for each relevant marine that can be used in conjunction with of all the airguns in the array stack mammal hearing group. These adjusted/ marine mammal density or occurrence coherently, but not within one time weighted spectrum levels were then to facilitate the estimation of take sample, resulting in smaller source converted to pressures (mPa) in order to numbers. levels (a few dB) than the source level integrate them over the entire

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broadband spectrum, resulting in spreading propagation and information arrays are also provided in Appendix A broadband weighted source levels by specific to the planned survey (i.e., the of the application. Outputs from the hearing group that could be directly 2.2 m/s source velocity and (worst-case) User Spreadsheets in the form of incorporated within the User 23-s shot interval), potential radial estimated distances to Level A Spreadsheet (i.e., to override the distances to auditory injury zones were harassment isopleths for the survey are Spreadsheet’s more simple weighting then calculated for SELcum thresholds. shown in Table 5. As described above, factor adjustment). Using the User Inputs to the User Spreadsheets in the NMFS considers onset of PTS (Level A Spreadsheet’s ‘‘safe distance’’ form of estimated source levels are harassment) to have occurred when methodology for mobile sources shown in Appendix A of L–DEO’s either one of the dual metrics (SELcum (described by Sivle et al., 2014) with the application. User Spreadsheets used by and Peak SPL ) is exceeded (i.e., hearing group-specific weighted source L–DEO to estimate distances to Level A flat metric resulting in the largest isopleth). levels, and inputs assuming spherical harassment isopleths for the airgun

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

Level A harassment zone (m) Source Threshold (volume) HF LF cetaceans MF cetaceans cetaceans Phocids Otariids

3 36-airgun array (6,600 in ) ...... SELcum ...... 320 0 1 10 0 Peak ...... 39 14 268 44 11

Note that because of some of the a ‘‘point source.’’ For distances within where f is the frequency of the sound assumptions included in the methods the near-field, i.e., approximately 2–3 signal and v is the speed of the sound used (e.g., stationary receiver with no times the array dimensions, pressure in the medium of interest, one can vertical or horizontal movement in peaks from individual elements do not rewrite the equation for D as: response to the acoustic source), arrive simultaneously because the isopleths produced may be observation point is not equidistant D - [Lz overestimates to some degree, which from each element. The effect is will ultimately result in some degree of destructive interference of the outputs 4v and calculate D directly given a overestimation of Level A harassment. of each element, so that peak pressures particular frequency and known speed However, these tools offer the best way in the near-field will be significantly of sound (here assumed to be 1,500 to predict appropriate isopleths when lower than the output of the largest meters per second in water, although more sophisticated modeling methods individual element. Here, the relevant this varies with environmental are not available, and NMFS continues peak isopleth distances would in all cases be expected to be within the near- conditions). to develop ways to quantitatively refine To determine the closest distance to field of the array where the definition of these tools and will qualitatively the arrays at which the source level source level breaks down. Therefore, address the output where appropriate. predictions in Table 5 are valid (i.e., actual locations within this distance of For mobile sources, such as the maximum extent of the near-field), we the array center where the sound level proposed seismic survey, the User calculated D based on an assumed exceeds the relevant peak SPL Spreadsheet predicts the closest frequency of 1 kHz. A frequency of 1 thresholds would not necessarily exist. distance at which a stationary animal kHz is commonly used in near-field/far- In general, Caldwell and Dragoset (2000) would not incur PTS if the sound source field calculations for airgun arrays suggest that the near-field for airgun traveled by the animal in a straight line (Zykov and Carr, 2014; MacGillivray, arrays is considered to extend out to at a constant speed. 2006; NSF and USGS, 2011), and based approximately 250 m. Auditory injury is unlikely to occur on representative airgun spectrum data for mid-frequency cetaceans, otariid In order to provide quantitative and field measurements of an airgun pinnipeds, and phocid pinnipeds given support for this theoretical argument, array used on the Langseth, nearly all very small modeled zones of injury for we calculated expected maximum (greater than 95 percent) of the energy those species (all estimated zones less distances at which the near-field would from airgun arrays is below 1 kHz than 15 m for mid-frequency cetaceans transition to the far-field (Table 5). For (Tolstoy et al., 2009). Thus, using 1 kHz and otariid pinnipeds, up to a maximum a specific array one can estimate the as the upper cut-off for calculating the of 44 m for phocid pinnipeds), in distance at which the near-field maximum extent of the near-field context of distributed source dynamics. transitions to the far-field by: should reasonably represent the near- The source level of the array is a Lz field extent in field conditions. theoretical definition assuming a point D=- If the largest distance to the peak source and measurement in the far-field 4;i, sound pressure level threshold was of the source (MacGillivray, 2006). As equal to or less than the longest with the condition that D >> l, and described by Caldwell and Dragoset dimension of the array (i.e., under the where D is the distance, L is the longest (2000), an array is not a point source, array), or within the near-field, then dimension of the array, and l is the but one that spans a small area. In the received levels that meet or exceed the wavelength of the signal (Lurton, 2002). far-field, individual elements in arrays threshold in most cases are not expected Given that l can be defined by: will effectively work as one source to occur. This is because within the because individual pressure peaks will near-field and within the dimensions of have coalesced into one relatively broad the array, the source levels specified in pulse. The array can then be considered Appendix A of L–DEO’s application are

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overestimated and not applicable. In likelihood of exceeding any particular currently the most comprehensive fact, until one reaches a distance of acoustic threshold, one would need to compendium for density data available approximately three or four times the consider the exact position of the for the Gulf of Alaska (GOA) and is the near-field distance the average intensity animal, its relationship to individual only source of density data available for of sound at any given distance from the array elements, and how the individual southeast Alaska. Habitat-based array is still less than that based on acoustic sources propagate and their stratified marine mammal densities calculations that assume a directional acoustic fields interact. Given that developed by the U.S. Navy for point source (Lurton, 2002). The 6,600- within the near-field and dimensions of assessing potential impacts of training in3 airgun array planned for use during the array source levels would be below activities in the GOA (DoN, 2021; Rone the proposed survey has an approximate those assumed here, we believe et al., 2014, 2017) and at Behm Canal in diagonal of 28.8 m, resulting in a near- exceedance of the peak pressure southeast Alaska (DoN, 2019) represent field distance of 138.7 m at 1 kHz (NSF threshold would only be possible under the best available information for and USGS, 2011). Field measurements highly unlikely circumstances. estimating potential marine mammal of this array indicate that the source In consideration of the received sound exposures. The Navy’s GOA Temporary behaves like multiple discrete sources, levels in the near-field as described Marine Activities Area (TMAA) is rather than a directional point source, above, we expect the potential for Level situated south of Prince William Sound beginning at approximately 400 m (deep A harassment of mid-frequency and east of Kodiak Island. The northern site) to 1 km (shallow site) from the cetaceans, otariid pinnipeds, and boundary of the TMAA is center of the array (Tolstoy et al., 2009), phocid pinnipeds to be de minimis, approximately 24 nautical miles south distances that are actually greater than even before the likely moderating effects of the Kenai Peninsula. Behm Canal is four times the calculated 140-m near- of aversion and/or other compensatory approximately 45 km east of Ketchikan, field distance. Within these distances, behaviors (e.g., Nachtigall et al., 2018) the recorded received levels were are considered. We do not believe that AK, inshore of the proposed survey area always lower than would be predicted Level A harassment is a likely outcome in the same general part of southeast based on calculations that assume a for any mid-frequency cetacean, otariid Alaska. In general, GOA density values directional point source, and pinniped, or phocid pinniped and do were used for offshore (deep water increasingly so as one moves closer not propose to authorize any Level A depths) portions of the survey area, and towards the array (Tolstoy et al., 2009). harassment for these species. Behm Canal density values were used Given this, relying on the calculated for inshore (shallow and intermediate distance (138.7 m) as the distance at Marine Mammal Occurrence water depths) portions. For some which we expect to be in the near-field In this section we provide the species, no Behm Canal density is a conservative approach since even information about the presence, density, information is available, and the GOA beyond this distance the acoustic and group dynamics of marine density value was applied to all water modeling still overestimates the actual mammals that will inform the take depths. Density values are provided in received level. Within the near-field, in calculations. The Navy’s Marine Species Table 6 and discussed in greater detail order to explicitly evaluate the Density Database (DoN, 2019, 2021) is below.

TABLE 6—ESTIMATED DENSITY VALUES BY WATER DEPTH [#/km2]

Intermediate Deep depth Species Shallow depth depth (<100 m) 1 (>1,000 m) 1 (100–1,000 m) 1

Gray whale 4 ...... 0.0486 0.0486 0 Humpback whale ...... 3 0.0117 3 0.0117 4 0.0010 Blue whale 4 ...... 0.0001 0.0001 0.0005 Fin whale ...... 3 0.0001 3 0.0001 4 0.0160 Sei whale 4 ...... 0.0004 0.0004 0.0004 Minke whale ...... 3 0.0008 3 0.0008 4 0.0006 Sperm whale 4 ...... 0 0.0020 0.0013 Baird’s beaked whale 4 ...... 0 0 0.0005 Stejneger’s beaked whale 4 ...... 0 0 0.0021 Cuvier’s beaked whale 4 ...... 0 0 0.0020 Pacific white-sided dolphin ...... 3 0.0075 3 0.0075 4 0.0200 Northern right whale dolphin 5 ...... 0.0110 0.0276 0.0367 Risso’s dolphin 2 ...... 0.0000 0.0000 0.0000 Killer whale ...... 3 0.0057 3 0.0057 4 0.0020 Dall’s porpoise ...... 3 0.1210 3 0.1210 4 0.0370 Harbor porpoise 6 ...... 0.0330 0.0330 0 Northern fur seal 4 ...... 0.0661 0.0661 0.0661 California sea lion 3 ...... 0.0288 0.0288 0.0065 Steller sea lion ...... 3 0.3162 4 0.0570 0 Northern elephant seal 4 ...... 0.0779 0.0779 0.0779 Harbor seal ...... 3 0.7811 4 0.1407 0 1 A zero value indicates the species is not expected to occur in that depth stratum. 2 Nominal density value of 0.00001 applied to Risso’s dolphin. 3 Source: DoN, 2019; 4 Source DoN, 2021; 5 Source: Becker et al. (2016); 6 Hobbs and Waite (2010).

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The Navy conducted comprehensive using a species-specific haul-out factor values to shallow and intermediate marine mammal surveys in theTMAA in to estimate an in-water abundance for water depths and offshore GOA density 2009 and 2013. Additional survey effort each species based on haul-out values to deep water depths). Note that, was conducted in 2015. These surveys behavior. The calculated in-water while DoN (2021) provides an inshore used systematic line-transect survey abundance and an area of distribution density estimate for sperm whales, that protocols including visual and acoustic specific to each species was used to stratum corresponds to water depths detection methods (Rone et al., 2010, estimate a density. See DoN (2021) for <1,000 m. We assume here that sperm 2014, 2017). The data were collected in additional information. For pinnipeds, whales do not occur in shallow water four strata that were designed to where monthly density estimates were depths (<100 m). encompass the four distinct habitats available, the highest value from July or Gray whale densities are provided for within the TMAA and greater GOA: August was applied as most two zones, nearshore (0–2.25 nmi from Inshore: All waters <1,000 m deep; representative of the proposed survey shore) and offshore (from 2.25–20 nmi Slope: From 1,000 m water depth to the timing. from shore), based on density Aleutian trench/subduction zone; Due to a lack of sighting data specific information in Carretta et al. (2000) and Offshore: Waters offshore of the to the Behm Canal area, the Navy zones based on data from Shelden and Aleutian trench/subduction zone; derived density estimates based on data Laake (2002). DoN (2021) assumes that Seamount: Waters within defined collected from various surveys gray whales do not occur in the region seamount areas. Density values for the (cetaceans) and shore counts >20 nmi from shore. The nearshore slope and seamount regions of the (pinnipeds) conducted within southeast density is used here to represent TMAA are not relevant for the survey Alaska and GOA. Pinniped density shallow and intermediate water (<1,000 area considered herein. There were estimates for the Behm Canal region m deep). This approach assumes a insufficient sightings data from the were additionally derived from higher density of gray whales across a 2009, 2013, and 2015 line-transect publications, NMFS SARs, and larger area and is used as a surveys to calculate reliable density consultation with subject matter experts precautionary approach. estimates for certain cetacean species in (DoN, 2019). Systematic ship surveys Harbor porpoise densities in DoN the GOA. In these cases, other available conducted in southeast Alaska waters (2021) were derived from survey data information supported development of from 1991 to 2012 provided data to collected in summer 1997 in southeast density estimates. Additional sources of develop stratified line-transect density Alaska and 1998 in the Gulf of Alaska information include summer 2003 estimates for harbor porpoise and Dall’s and included correction factors for both cetacean surveys near the Kenai porpoise in regions overlapping a perception and availability bias (Hobbs Peninsula, within Prince William Sound portion of the Behm Canal area and Waite, 2010). L–DEO proposed to use density information from Hobbs and and around Kodiak Island (Waite, 2003 (Dahlheim et al., 2015). Density Waite (2010) specific to southeast in DoN, 2021), summer 2010–2012 line- information for the Behm Canal area is Alaska, which better represents the transect data collected over a broad area available for the following species: survey area than the GOA information north of 40° N, south of the Aleutian Minke whale, fin whale, humpback presented for harbor porpoise in DoN Islands, and between 170° E and 135° W whale, Pacific white-sided dolphin, (2021). Following DoN (2021), we during the International Whaling killer whale, harbor porpoise, Dall’s assume harbor porpoise will not occur Commission-Pacific Ocean Whale and porpoise, and for all potentially affected pinniped species. in deep water (>1,000 m). Ecosystem Research cruises (Hakamada The general approach for cetaceans of No regional density information is et al., 2017), and analysis of acoustic applying Behm Canal density estimates available for the northern right whale data from the 2013 Navy-funded survey to survey effort in shallow and dolphin. Becker et al. (2016) used line- effort in the TMAA (Yack et al., 2015). intermediate depth strata and GOA transect survey data collected between See DoN (2021) for additional detail. offshore density estimates to the deep 1991 and 2009 to develop predictive When seasonal densities were available, depth stratum was applied for species habitat-based models of cetacean the calculated exposures were based on for which appropriate estimates were densities in the California Current summer densities, which are most available: Humpback whale, fin whale, Ecosystem (the region from Baja representative of the proposed survey minke whale, Pacific white-sided California to southern British timing. dolphin, killer whale, and Dall’s Columbia). The modeled density Pinniped numbers are commonly porpoise. Note that, for killer whales, estimates were available on the scale of assessed by counting individuals at Behm Canal densities are provided 7 km by 10 km grid cells off California, haul-outs or the number of pups weaned specific to transient and resident Oregon, and Washington, and values at rookeries. Translating these numbers whales. We apply the higher transient were averaged for grid cells across to in-water densities presents challenges killer whale density value to estimate Washington and Oregon corresponding unique to pinnipeds. No in-water line killer whale exposures in shallow and with L–DEO’s shallow, intermediate, transect survey data were available for intermediate water depths. Behm Canal and deep water survey strata. These harbor seal, Steller sea lion, or pinniped densities would be expected density values were applied to the California sea lion in the GOA. Surveys to overestimate pinniped occurrence off portion of the survey area off Canada to conducted by Rone et al. (2014) the coast, and so were not used for calculate estimated exposures, as recorded sightings of northern elephant intermediate-depth waters, but were northern right whale dolphins do not seal and northern fur seal in the TMAA; applied to shallow waters where typically occur beyond the California however, these data were insufficient to available. Current. The Risso’s dolphin is only estimate a density for northern elephant Certain species are not expected to rarely observed in or near the Navy’s seal, and were not used for northern fur occur in Behm Canal: Gray whale, blue GOA survey area, and does not occur in seal due to the availability of more whale, sei whale, sperm whale, beaked Behm Canal, so minimal densities were recent data. To account for the lack of whales, northern fur seal, and northern used to represent their potential in-water survey data for pinnipeds, elephant seal. For these species, we presence (DoN, 2021). For California sea published abundance estimates used in applied appropriate GOA density values lion, density data is available in DoN the density calculations were adjusted to all depth strata (i.e., inshore GOA (2021); however, it is likely that these

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values would underestimate presence of harassment thresholds are calculated, as species. The total estimated take in U.S. California sea lions in the proposed described above. Those radial distances and Canadian waters is presented in survey area. Therefore, information are then used to calculate the area(s) Table 8 (see Negligible Impact Analysis available in DoN (2019) for the Offshore around the airgun array predicted to be and Determination). Northwest Training and Testing ensonified to sound levels that exceed The estimated marine mammal (NWTT) Area (off Washington/Oregon) the Level A and Level B harassment exposures above harassment thresholds in the month of August was used; thresholds. The distance for the 160-dB are generally assumed here to equate to densities for 0–40 km from shore were threshold (based on L–DEO model take, and the estimates form the basis applied to shallow and intermediate results) was used to draw a buffer for our proposed take authorization water depths, and the density for 0–450 around every transect line in GIS to numbers. For the species for which km from shore was used for deep water. determine the total ensonified area in NMFS does not expect there to be a The density for 40–70 km from shore each depth category. Estimated reasonable potential for take by Level A was the lowest and was therefore not incidents of exposure above Level A and harassment to occur, i.e., mid-frequency used. Level B harassment criteria are In British Columbia, several cetaceans and all pinnipeds, the presented in Table 7. For additional estimated exposures above Level A systematic surveys have been conducted details regarding calculations of in coastal waters (e.g., Williams and harassment thresholds have been added ensonified area, please see Appendix D to the estimated exposures above the Thomas 2007; Ford et al., 2010; Best et of L–DEO’s application. As noted al., 2015; Harvey et al., 2017). Surveys Level B harassment threshold to previously, L–DEO has added 25 produce a total number of incidents of in coastal as well as offshore waters percent in the form of operational days, were conducted by Fisheries and take by Level B harassment that is which is equivalent to adding 25 proposed for authorization. Estimated Oceans Canada (DFO) during 2002 to percent to the proposed line-kms to be 2008. However, density estimates for the exposures and proposed take numbers surveyed. This accounts for the for authorization are shown in Table 7. survey areas outside the U.S. EEZ, i.e., possibility that additional operational in the Canadian EEZ, were not readily Regarding humpback whale take days are required, but likely results in numbers, we assume that whales available, so density estimates for U.S. an overestimate of actual exposures. waters were applied to the entire survey encountered will follow Wade (2017), area. As previously noted, NMFS cannot i.e., that 96.1 percent of takes would authorize incidental take under the accrue to the Hawaii DPS and 3.8 Take Calculation and Estimation MMPA that may occur within the percent to the Mexico DPS. Of the Here we describe how the information territorial seas of foreign nations (from estimated take of gray whales, and based provided above is brought together to 0–12 nmi (22.2 km) from shore), as the on guidance provided through produce a quantitative take estimate. In MMPA does not apply in those waters. interagency consultation under section order to estimate the number of marine However, NMFS has still calculated the 7 of the ESA, we assume that 0.1 mammals predicted to be exposed to estimated level of incidental take in the percent of encountered whales would be sound levels that would result in Level entire activity area (including Canadian from the WNP stock and propose to A or Level B harassment, radial territorial waters) as part of the analysis authorize take accordingly. For Steller distances from the airgun array to supporting our determination under the sea lions, 2.2 percent are assumed to predicted isopleths corresponding to the MMPA that the activity will have a belong to the western DPS (Hastings et Level A harassment and Level B negligible impact on the affected al., 2020). TABLE 7—ESTIMATED TAKING BY LEVEL A AND LEVEL B HARASSMENT, AND PERCENTAGE OF POPULATION

Estimated Estimated Proposed Proposed 1 Percent of Species Stock Level B Level A Level B Level A Total take 1 harassment harassment harassment harassment stock

Gray whale ...... WNP ...... 1,450 45 2 0 2 0.7 ENP ...... 1,448 45 1,493 5.5 Humpback whale ...... 403 14 403 14 417 4.1 Blue whale ...... 31 1 31 1 32 2.1 Fin whale 2 ...... 873 44 873 44 917 n/a Sei whale ...... 34 1 34 1 35 6.7 Minke whale 2 ...... 57 2 57 2 59 n/a Sperm whale 2 ...... 131 0 131 0 131 n/a Baird’s beaked whale 2 ...... 29 0 29 0 29 n/a Stejneger’s beaked whale 2 ...... 120 0 120 0 120 n/a Cuvier’s beaked whale 2 ...... 114 0 114 0 114 n/a Pacific white-sided dolphin ...... 1,371 3 1,374 0 1,374 5.1 Northern right whale dolphin ...... 922 5 927 0 927 3.5 Risso’s dolphin 3 ...... 1 0 22 0 22 0.3 Killer whale ...... Offshore ...... 290 0 290 0 290 96.7 GOA/BSAI Transient ...... 49.4 WC Transient ...... 83.1 AK Resident ...... 12.4 Northern Resident ...... 96.0 Dall’s porpoise ...... 5,661 178 5,661 178 5,839 7.0 Harbor porpoise ...... 990 26 990 26 1,016 n/a Northern fur seal ...... 5,804 8 5,812 0 5,812 1.0 California sea lion ...... 1,256 1 1,258 0 1,258 0.5 Steller sea lion ...... WDPS ...... 2,433 2 54 0 54 0.1 EDPS ...... 2,381 0 2,381 5.5 Northern elephant seal ...... 6,811 39 6,850 0 6,850 3.8 Harbor seal ...... Sitka/Chatham Strait ...... 5,992 21 6,012 0 6,012 45.2 Dixon/Cape Decision ...... 25.6

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TABLE 7—ESTIMATED TAKING BY LEVEL A AND LEVEL B HARASSMENT, AND PERCENTAGE OF POPULATION—Continued

Estimated Estimated Proposed Proposed Percent of Species Stock 1 Level B Level A Level B Level A Total take 1 harassment harassment harassment harassment stock

Clarence Strait ...... 21.7 1 In most cases, where multiple stocks are being affected, for the purposes of calculating the percentage of the stock impacted, the take is being analyzed as if all proposed takes occurred within each stock. Where necessary, additional discussion is provided in the Small Numbers section. 2 As noted in Table 1, there is no estimate of abundance available for these species. 3 Estimated exposure of one Risso’s dolphin increased to group size of 22 (Barlow, 2016).

Proposed Mitigation In order to satisfy the MMPA’s least beginning (i.e., ramp-up). The buffer practicable adverse impact standard, zone encompasses the area at and below In order to issue an IHA under NMFS has evaluated a suite of basic the sea surface from the edge of the 0– Section 101(a)(5)(D) of the MMPA, mitigation protocols for seismic surveys 500 m EZ, out to a radius of 1,000 m NMFS must set forth the permissible that are required regardless of the status from the edges of the airgun array (500– methods of taking pursuant to the of a stock. Additional or enhanced 1,000 m). This 1,000-m zone (EZ plus activity, and other means of effecting protections may be required for species buffer) represents the pre-start clearance the least practicable impact on the whose stocks are in particularly poor zone. Visual monitoring of the EZ and species or stock and its habitat, paying health and/or are subject to some adjacent waters is intended to establish particular attention to rookeries, mating significant additional stressor that and, when visual conditions allow, grounds, and areas of similar lessens that stock’s ability to weather maintain zones around the sound source significance, and on the availability of the effects of the specified activities that are clear of marine mammals, the species or stock for taking for certain without worsening its status. We thereby reducing or eliminating the subsistence uses (latter not applicable reviewed seismic mitigation protocols potential for injury and minimizing the for this action). NMFS regulations required or recommended elsewhere potential for more severe behavioral require applicants for incidental take (e.g., HESS, 1999; DOC, 2013; IBAMA, reactions for animals occurring closer to authorizations to include information 2018; Kyhn et al., 2011; JNCC, 2017; the vessel. Visual monitoring of the about the availability and feasibility DEWHA, 2008; BOEM, 2016; DFO, buffer zone is intended to (1) provide (economic and technological) of 2008; GHFS, 2015; MMOA, 2016; additional protection to naı¨ve marine equipment, methods, and manner of Nowacek et al., 2013; Nowacek and mammals that may be in the area during conducting the activity or other means Southall, 2016), recommendations pre-start clearance, and (2) during of effecting the least practicable adverse received during public comment airgun use, aid in establishing and impact upon the affected species or periods for previous actions, and the maintaining the EZ by alerting the stocks and their habitat (50 CFR available scientific literature. We also visual observer and crew of marine 216.104(a)(11)). considered recommendations given in a mammals that are outside of, but may In evaluating how mitigation may or number of review articles (e.g., Weir and approach and enter, the EZ. may not be appropriate to ensure the Dolman, 2007; Compton et al., 2008; L–DEO must use dedicated, trained, least practicable adverse impact on Parsons et al., 2009; Wright and NMFS-approved PSOs. The PSOs must species or stocks and their habitat, as Cosentino, 2015; Stone, 2015b). This have no tasks other than to conduct well as subsistence uses where exhaustive review and consideration of observational effort, record applicable, we carefully consider two public comments regarding previous, observational data, and communicate primary factors: similar activities has led to development with and instruct relevant vessel crew of the protocols included here. with regard to the presence of marine (1) The manner in which, and the mammals and mitigation requirements. degree to which, the successful Vessel-Based Visual Mitigation PSO resumes shall be provided to implementation of the measure(s) is Monitoring NMFS for approval. expected to reduce impacts to marine Visual monitoring requires the use of At least one of the visual and two of mammals, marine mammal species or trained observers (herein referred to as the acoustic PSOs (discussed below) stocks, and their habitat. This considers visual protected species observers aboard the vessel must have a minimum the nature of the potential adverse (PSOs)) to scan the ocean surface for the of 90 days at-sea experience working in impact being mitigated (likelihood, presence of marine mammals. The area those roles, respectively, with no more scope, range). It further considers the to be scanned visually includes than 18 months elapsed since the likelihood that the measure will be primarily the exclusion zone (EZ), conclusion of the at-sea experience. One effective if implemented (probability of within which observation of certain visual PSO with such experience shall accomplishing the mitigating result if marine mammals requires shutdown of be designated as the lead for the entire implemented as planned), the the acoustic source, but also a buffer protected species observation team. The likelihood of effective implementation zone and, to the extent possible lead PSO shall serve as primary point of (probability implemented as planned); depending on conditions, the contact for the vessel operator and and surrounding waters. The buffer zone ensure all PSO requirements per the (2) The practicability of the measures means an area beyond the EZ to be IHA are met. To the maximum extent for applicant implementation, which monitored for the presence of marine practicable, the experienced PSOs may consider such things as cost, mammals that may enter the EZ. During should be scheduled to be on duty with impact on operations, and, in the case pre-start clearance monitoring (i.e., those PSOs with appropriate training of a military readiness activity, before ramp-up begins), the buffer zone but who have not yet gained relevant personnel safety, practicality of also acts as an extension of the EZ in experience. implementation, and impact on the that observations of marine mammals During survey operations (e.g., any effectiveness of the military readiness within the buffer zone would also day on which use of the acoustic source activity. prevent airgun operations from is planned to occur, and whenever the

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acoustic source is in the water, whether involves acoustically detecting marine occurring without an active PAM activated or not), a minimum of two mammals regardless of distance from system; and visual PSOs must be on duty and the source, as localization of animals • Operations with an active acoustic conducting visual observations at all may not always be possible. Acoustic source, but without an operating PAM times during daylight hours (i.e., from monitoring is intended to further system, do not exceed a cumulative total 30 minutes prior to sunrise through 30 support visual monitoring (during of 5 hours in any 24-hour period. minutes following sunset). Visual daylight hours) in maintaining an EZ Establishment of Exclusion and Pre- monitoring of the pre-start clearance around the sound source that is clear of Start Clearance Zones zone must begin no less than 30 minutes marine mammals. In cases where visual prior to ramp-up, and monitoring must monitoring is not effective (e.g., due to An EZ is a defined area within which continue until one hour after use of the weather, nighttime), acoustic occurrence of a marine mammal triggers acoustic source ceases or until 30 monitoring may be used to allow certain mitigation action intended to reduce the minutes past sunset. Visual PSOs shall activities to occur, as further detailed potential for certain outcomes, e.g., coordinate to ensure 360° visual below. auditory injury, disruption of critical coverage around the vessel from the PAM would take place in addition to behaviors. The PSOs would establish a most appropriate observation posts, and the visual monitoring program. Visual minimum EZ with a 500-m radius. The shall conduct visual observations using monitoring typically is not effective 500-m EZ would be based on radial binoculars and the naked eye while free during periods of poor visibility or at distance from the edge of the airgun from distractions and in a consistent, night, and even with good visibility, is array (rather than being based on the systematic, and diligent manner. unable to detect marine mammals when center of the array or around the vessel PSOs shall establish and monitor the they are below the surface or beyond itself). With certain exceptions exclusion and buffer zones. These zones visual range. Acoustic monitoring can (described below), if a marine mammal shall be based upon the radial distance be used in addition to visual appears within or enters this zone, the from the edges of the acoustic source observations to improve detection, acoustic source would be shut down. (rather than being based on the center of identification, and localization of The pre-start clearance zone is the array or around the vessel itself). cetaceans. The acoustic monitoring defined as the area that must be clear of During use of the acoustic source (i.e., would serve to alert visual PSOs (if on marine mammals prior to beginning anytime airguns are active, including duty) when vocalizing cetaceans are ramp-up of the acoustic source, and ramp-up), detections of marine detected. It is only useful when marine includes the EZ plus the buffer zone. mammals within the buffer zone (but mammals vocalize, but it can be Detections of marine mammals within outside the EZ) shall be communicated effective either by day or by night, and the pre-start clearance zone would to the operator to prepare for the does not depend on good visibility. It prevent airgun operations from potential shutdown of the acoustic would be monitored in real time so that beginning (i.e., ramp-up). source. Visual PSOs will immediately the visual observers can be advised The 500-m EZ is intended to be communicate all observations to the on when cetaceans are detected. precautionary in the sense that it would duty acoustic PSO(s), including any The R/V Langseth will use a towed be expected to contain sound exceeding determination by the PSO regarding PAM system, which must be monitored the injury criteria for all cetacean species identification, distance, and by at a minimum one on duty acoustic hearing groups, (based on the dual bearing and the degree of confidence in PSO beginning at least 30 minutes prior criteria of SELcum and peak SPL), while the determination. Any observations of to ramp-up and at all times during use also providing a consistent, reasonably marine mammals by crew members of the acoustic source. Acoustic PSOs observable zone within which PSOs shall be relayed to the PSO team. During may be on watch for a maximum of 4 would typically be able to conduct good conditions (e.g., daylight hours; consecutive hours followed by a break effective observational effort. Beaufort sea state (BSS) 3 or less), visual of at least one hour between watches Additionally, a 500-m EZ is expected to PSOs shall conduct observations when and may conduct a maximum of 12 minimize the likelihood that marine the acoustic source is not operating for hours of observation per 24-hour period. mammals will be exposed to levels comparison of sighting rates and Combined observational duties (acoustic likely to result in more severe behavior with and without use of the and visual but not at same time) may behavioral responses. Although acoustic source and between acquisition not exceed 12 hours per 24-hour period significantly greater distances may be periods, to the maximum extent for any individual PSO. observed from an elevated platform practicable. Survey activity may continue for 30 under good conditions, we believe that Visual PSOs may be on watch for a minutes when the PAM system 500 m is likely regularly attainable for maximum of 4 consecutive hours malfunctions or is damaged, while the PSOs using the naked eye during typical followed by a break of at least one hour PAM operator diagnoses the issue. If the conditions. The pre-start clearance zone between watches and may conduct a diagnosis indicates that the PAM system simply represents the addition of a maximum of 12 hours of observation per must be repaired to solve the problem, buffer to the EZ, doubling the EZ size 24-hour period. Combined observational operations may continue for an during pre-clearance. duties (visual and acoustic but not at additional 5 hours without acoustic An extended EZ of 1,500 m must be same time) may not exceed 12 hours per monitoring during daylight hours only enforced for all beaked whales. No 24-hour period for any individual PSO. under the following conditions: buffer of this extended EZ is required. • Sea state is less than or equal to Passive Acoustic Monitoring Pre-Start Clearance and Ramp-Up BSS 4; Acoustic monitoring means the use of • No marine mammals (excluding Ramp-up (sometimes referred to as trained personnel (sometimes referred to delphinids) detected solely by PAM in ‘‘soft start’’) means the gradual and as passive acoustic monitoring (PAM) the applicable EZ in the previous 2 systematic increase of emitted sound operators, herein referred to as acoustic hours; levels from an airgun array. Ramp-up PSOs) to operate PAM equipment to • NMFS is notified via email as soon begins by first activating a single airgun acoustically detect the presence of as practicable with the time and of the smallest volume, followed by marine mammals. Acoustic monitoring location in which operations began doubling the number of active elements

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in stages until the full complement of an at the commencement of each stage, and acoustic PSOs are on duty, all array’s airguns are active. Each stage with each stage of approximately the detections will be immediately should be approximately the same same duration. Duration shall not be communicated to the remainder of the duration, and the total duration should less than 20 minutes. The operator must on-duty PSO team for potential not be less than approximately 20 provide information to the PSO verification of visual observations by the minutes. The intent of pre-start documenting that appropriate acoustic PSO or of acoustic detections clearance observation (30 minutes) is to procedures were followed; by visual PSOs. When the airgun array ensure no protected species are • PSOs must monitor the pre-start is active (i.e., anytime one or more observed within the pre-clearance zone clearance zone (and extended EZ) airguns is active, including during (or extended EZ, for beaked whales) during ramp-up, and ramp-up must ramp-up) and (1) a marine mammal prior to the beginning of ramp-up. cease and the source must be shut down appears within or enters the applicable During pre-start clearance period is the upon detection of a marine mammal EZ and/or (2) a marine mammal (other only time observations of marine within the applicable zone. Once ramp- than delphinids, see below) is detected mammals in the buffer zone would up has begun, detections of marine acoustically and localized within the prevent operations (i.e., the beginning of mammals within the buffer zone do not applicable EZ, the acoustic source will ramp-up). The intent of ramp-up is to require shutdown, but such observation be shut down. When shutdown is called warn marine mammals of pending shall be communicated to the operator for by a PSO, the acoustic source will seismic operations and to allow to prepare for the potential shutdown; be immediately deactivated and any sufficient time for those animals to leave • Ramp-up may occur at times of dispute resolved only following the immediate vicinity. A ramp-up poor visibility, including nighttime, if deactivation. Additionally, shutdown procedure, involving a step-wise appropriate acoustic monitoring has will occur whenever PAM alone increase in the number of airguns firing occurred with no detections in the 30 (without visual sighting), confirms and total array volume until all minutes prior to beginning ramp-up. presence of marine mammal(s) in the operational airguns are activated and Acoustic source activation may only EZ. If the acoustic PSO cannot confirm the full volume is achieved, is required occur at times of poor visibility where presence within the EZ, visual PSOs at all times as part of the activation of operational planning cannot reasonably will be notified but shutdown is not the acoustic source. All operators must avoid such circumstances; required. adhere to the following pre-start • If the acoustic source is shut down Following a shutdown, airgun activity clearance and ramp-up requirements: for brief periods (i.e., less than 30 would not resume until the marine • The operator must notify a minutes) for reasons other than that mammal has cleared the EZ. The animal designated PSO of the planned start of described for shutdown (e.g., would be considered to have cleared the ramp-up as agreed upon with the lead mechanical difficulty), it may be EZ if it is visually observed to have PSO; the notification time should not be activated again without ramp-up if PSOs departed the EZ (i.e., animal is not less than 60 minutes prior to the have maintained constant visual and/or required to fully exit the buffer zone planned ramp-up in order to allow the acoustic observation and no visual or where applicable), or it has not been PSOs time to monitor the pre-start acoustic detections of marine mammals seen within the EZ for 15 minutes for clearance zone (and extended EZ) for 30 have occurred within the applicable EZ. small odontocetes and pinnipeds, or 30 minutes prior to the initiation of ramp- For any longer shutdown, pre-start minutes for all mysticetes and all other up (pre-start clearance); clearance observation and ramp-up are odontocetes, including sperm whales, • Ramp-ups shall be scheduled so as required. For any shutdown at night or beaked whales, and large delphinids, to minimize the time spent with the in periods of poor visibility (e.g., BSS 4 such as killer whales. source activated prior to reaching the or greater), ramp-up is required, but if The shutdown requirement can be designated run-in; the shutdown period was brief and waived for small dolphins if an • One of the PSOs conducting pre- constant observation was maintained, individual is detected within the EZ. As start clearance observations must be pre-start clearance watch of 30 minutes defined here, the small dolphin group is notified again immediately prior to is not required; and intended to encompass those members initiating ramp-up procedures and the • Testing of the acoustic source of the Family Delphinidae most likely to operator must receive confirmation from involving all elements requires ramp- voluntarily approach the source vessel the PSO to proceed; up. Testing limited to individual source for purposes of interacting with the • Ramp-up may not be initiated if any elements or strings does not require vessel and/or airgun array (e.g., bow marine mammal is within the applicable ramp-up but does require pre-start riding). This exception to the shutdown exclusion or buffer zone. If a marine clearance of 30 min. requirement applies solely to specific mammal is observed within the pre-start genera of small dolphins clearance zone (or extended EZ, for Shutdown (Lagenorhynchus and Lissodelphis). beaked whales) during the 30 minute The shutdown of an airgun array We include this small dolphin pre-start clearance period, ramp-up may requires the immediate de-activation of exception because shutdown not begin until the animal(s) has been all individual airgun elements of the requirements for small dolphins under observed exiting the zones or until an array. Any PSO on duty will have the all circumstances represent additional time period has elapsed with authority to delay the start of survey practicability concerns without likely no further sightings (15 minutes for operations or to call for shutdown of the commensurate benefits for the animals small odontocetes and pinnipeds, and acoustic source if a marine mammal is in question. Small dolphins are 30 minutes for all mysticetes and all detected within the applicable EZ. The generally the most commonly observed other odontocetes, including sperm operator must also establish and marine mammals in the specific whales, beaked whales, and large maintain clear lines of communication geographic region and would typically delphinids, such as killer whales); directly between PSOs on duty and be the only marine mammals likely to • Ramp-up shall begin by activating a crew controlling the acoustic source to intentionally approach the vessel. As single airgun of the smallest volume in ensure that shutdown commands are described above, auditory injury is the array and shall continue in stages by conveyed swiftly while allowing PSOs extremely unlikely to occur for mid- doubling the number of active elements to maintain watch. When both visual frequency cetaceans (e.g., delphinids),

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as this group is relatively insensitive to Vessel Strike Avoidance We have carefully evaluated the suite sound produced at the predominant 1. Vessel operators and crews must of mitigation measures described here frequencies in an airgun pulse while maintain a vigilant watch for all and considered a range of other also having a relatively high threshold protected species and slow down, stop measures in the context of ensuring that for the onset of auditory injury (i.e., their vessel, or alter course, as we prescribe the means of effecting the permanent threshold shift). appropriate and regardless of vessel least practicable adverse impact on the A large body of anecdotal evidence size, to avoid striking any marine affected marine mammal species and indicates that small dolphins commonly mammal. A visual observer aboard the stocks and their habitat. Based on our approach vessels and/or towed arrays evaluation of the proposed measures, as vessel must monitor a vessel strike during active sound production for well as other measures considered by avoidance zone around the vessel purposes of bow riding, with no NMFS described above, NMFS has (distances stated below). Visual apparent effect observed in those preliminarily determined that the observers monitoring the vessel strike delphinoids (e.g., Barkaszi et al., 2012, mitigation measures provide the means avoidance zone may be third-party 2018). The potential for increased of effecting the least practicable impact observers (i.e., PSOs) or crew members, shutdowns resulting from such a on the affected species or stocks and but crew members responsible for these measure would require the Langseth to their habitat, paying particular attention duties must be provided sufficient revisit the missed track line to reacquire to rookeries, mating grounds, and areas training to 1) distinguish marine data, resulting in an overall increase in of similar significance. the total sound energy input to the mammals from other phenomena and 2) marine environment and an increase in broadly to identify a marine mammal as Mitigation Measures in Canadian the total duration over which the survey a right whale, other whale (defined in Waters is active in a given area. Although other this context as sperm whales or baleen As stated previously, NMFS cannot mid-frequency hearing specialists (e.g., whales other than right whales), or other authorize the incidental take of marine large delphinids) are no more likely to marine mammal. mammals in the territorial seas of incur auditory injury than are small 2. Vessel speeds must also be reduced foreign nations, as the MMPA does not dolphins, they are much less likely to to 10 kn or less when mother/calf pairs, apply in those waters. L–DEO is approach vessels. Therefore, retaining a pods, or large assemblages of cetaceans required to adhere to the mitigation shutdown requirement for large are observed near a vessel. measures described above while delphinids would not have similar 3. All vessels must maintain a operating within the U.S. EEZ and impacts in terms of either practicability minimum separation distance of 500 m Canadian EEZ. The requirements do not for the applicant or corollary increase in from right whales. If a whale is observed apply within Canadian territorial sound energy output and time on the but cannot be confirmed as a species waters. NMFS expects that DFO may water. We do anticipate some benefit for other than a right whale, the vessel prescribe mitigation measures that a shutdown requirement for large operator must assume that it is a right would apply to L–DEO’s survey delphinids in that it simplifies whale and take appropriate action. operations within the Canadian EEZ and somewhat the total range of decision- 4. All vessels must maintain a Canadian territorial waters but is making for PSOs and may preclude any minimum separation distance of 100 m currently unaware of the specifics of potential for physiological effects other from sperm whales and all other baleen any potential measures. While operating than to the auditory system as well as whales. within the Canadian EEZ but outside some more severe behavioral reactions 5. All vessels must, to the maximum Canadian territorial waters, if mitigation for any such animals in close proximity extent practicable, attempt to maintain a requirements prescribed by NMFS differ to the source vessel. minimum separation distance of 50 m from the requirements established under Visual PSOs shall use best from all other marine mammals, with an Canadian law, L–DEO would adhere to professional judgment in making the understanding that at times this may not the most protective measure. For decision to call for a shutdown if there be possible (e.g., for animals that operations in Canadian territorial is uncertainty regarding identification approach the vessel). waters, L–DEO would implement (i.e., whether the observed marine 6. When marine mammals are sighted measures required under Canadian law mammal(s) belongs to one of the while a vessel is underway, the vessel (if any). If information regarding delphinid genera for which shutdown is shall take action as necessary to avoid measures required under Canadian law waived or one of the species with a violating the relevant separation becomes available prior to NMFS’ final larger EZ). distance (e.g., attempt to remain parallel decision on this request for IHA, NMFS L–DEO must implement shutdown if to the animal’s course, avoid excessive will consider it as appropriate in a marine mammal species for which speed or abrupt changes in direction making its negligible impact take was not authorized, or a species for until the animal has left the area). If determination. marine mammals are sighted within the which authorization was granted but the Proposed Monitoring and Reporting takes have been met, approaches the relevant separation distance, the vessel Level A or Level B harassment zones. L– must reduce speed and shift the engine In order to issue an IHA for an DEO must also implement shutdown if to neutral, not engaging the engines activity, Section 101(a)(5)(D) of the any of the following are observed at any until animals are clear of the area. This MMPA states that NMFS must set forth distance: does not apply to any vessel towing gear requirements pertaining to the • Any large whale (defined as a or any vessel that is navigationally monitoring and reporting of such taking. sperm whale or any mysticete species) constrained. The MMPA implementing regulations at with a calf (defined as an animal less 7. These requirements do not apply in 50 CFR 216.104 (a)(13) indicate that than two-thirds the body size of an adult any case where compliance would requests for authorizations must include observed to be in close association with create an imminent and serious threat to the suggested means of accomplishing an adult); a person or vessel or to the extent that the necessary monitoring and reporting • An aggregation of six or more large a vessel is restricted in its ability to that will result in increased knowledge whales; and/or maneuver and, because of the of the species and of the level of taking • A North Pacific right whale. restriction, cannot comply. or impacts on populations of marine

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

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• Survey activity information, such as pulses, continuous, sporadic, strength of • Observed behaviors of the acoustic source power output while in signal); and animal(s), if alive; operation, number and volume of • Any additional information • If available, photographs or video airguns operating in the array, tow recorded such as water depth of the footage of the animal(s); and • depth of the array, and any other notes hydrophone array, bearing of the animal General circumstances under which of significance (i.e., pre-start clearance, to the vessel (if determinable), species the animal was discovered. ramp-up, shutdown, testing, shooting, or taxonomic group (if determinable), Vessel strike—In the event of a ship ramp-up completion, end of operations, spectrogram screenshot, and any other strike of a marine mammal by any vessel streamers, etc.). notable information. involved in the activities covered by the The following information should be authorization, L–DEO shall report the recorded upon visual observation of any Reporting incident to OPR, NMFS and to the protected species: A report would be submitted to NMFS NMFS Alaska Regional Stranding • Watch status (sighting made by PSO within 90 days after the end of the Coordinator as soon as feasible. The on/off effort, opportunistic, crew, cruise. The report would summarize the report must include the following alternate vessel/platform); dates and locations of seismic information: • • Time, date, and location (latitude/ PSO who sighted the animal; operations, and all marine mammal • longitude) of the incident; Time of sighting; sightings (dates, times, locations, • Vessel location at time of sighting; • Vessel’s speed during and leading activities, associated seismic survey • Water depth; up to the incident; • Direction of vessel’s travel (compass activities), and provide full • Vessel’s course/heading and what direction); documentation of methods, results, and operations were being conducted (if • Direction of animal’s travel relative interpretation pertaining to all applicable); to the vessel; monitoring. • Status of all sound sources in use; • Pace of the animal; The draft report shall also include • Description of avoidance measures/ • Estimated distance to the animal geo-referenced time-stamped vessel requirements that were in place at the and its heading relative to vessel at tracklines for all time periods during time of the strike and what additional initial sighting; which airguns were operating. measure were taken, if any, to avoid • Identification of the animal (e.g., Tracklines should include points strike; genus/species, lowest possible recording any change in airgun status • Environmental conditions (e.g., taxonomic level, or unidentified) and (e.g., when the airguns began operating, wind speed and direction, Beaufort sea the composition of the group if there is when they were turned off, or when state, cloud cover, visibility) a mix of species; they changed from full array to single immediately preceding the strike; • Estimated number of animals (high/ gun or vice versa). GIS files shall be • Species identification (if known) or low/best); provided in ESRI shapefile format and description of the animal(s) involved; • Estimated number of animals by include the UTC date and time, latitude • Estimated size and length of the cohort (adults, yearlings, juveniles, in decimal degrees, and longitude in animal that was struck; • calves, group composition, etc.); decimal degrees. All coordinates shall Description of the behavior of the • Description (as many distinguishing be referenced to the WGS84 geographic animal immediately preceding and features as possible of each individual following the strike; coordinate system. In addition to the • seen, including length, shape, color, report, all raw observational data shall If available, description of the pattern, scars or markings, shape and be made available to NMFS. The report presence and behavior of any other size of dorsal fin, shape of head, and must summarize the data collected as marine mammals present immediately blow characteristics); described above and in the IHA. A final preceding the strike; • • Estimated fate of the animal (e.g., Detailed behavior observations (e.g., report must be submitted within 30 days dead, injured but alive, injured and number of blows/breaths, number of following resolution of any comments moving, blood or tissue observed in the surfaces, breaching, spyhopping, diving, on the draft report. feeding, traveling; as explicit and water, status unknown, disappeared); detailed as possible; note any observed Reporting Injured or Dead Marine and • changes in behavior); Mammals To the extent practicable, • Animal’s closest point of approach photographs or video footage of the Discovery of injured or dead marine animal(s). (CPA) and/or closest distance from any mammals—In the event that personnel element of the acoustic source; • involved in survey activities covered by Actions To Minimize Additional Harm Platform activity at time of sighting the authorization discover an injured or To Live-Stranded (or Milling) Marine (e.g., deploying, recovering, testing, dead marine mammal, the L–DEO shall Mammals shooting, data acquisition, other); and report the incident to the Office of • Description of any actions In the event of a live stranding (or Protected Resources (OPR), NMFS and implemented in response to the sighting near-shore atypical milling) event to the NMFS Alaska Regional Stranding (e.g., delays, shutdown, ramp-up) and within 50 km of the survey operations, Coordinator as soon as feasible. The time and location of the action. where the NMFS stranding network is If a marine mammal is detected while report must include the following engaged in herding or other information: interventions to return animals to the using the PAM system, the following • information should be recorded: Time, date, and location (latitude/ water, the Director of OPR, NMFS (or • An acoustic encounter longitude) of the first discovery (and designee) will advise L–DEO of the need identification number, and whether the updated location information if known to implement shutdown for all active detection was linked with a visual and applicable); acoustic sources operating within 50 km sighting; • Species identification (if known) or of the stranding. Procedures related to • Date and time when first and last description of the animal(s) involved; shutdowns for live stranding or milling heard; • Condition of the animal(s) marine mammals include the following: • Types and nature of sounds heard (including carcass condition if the • If at any time, the marine (e.g., clicks, whistles, creaks, burst animal is dead); mammal(s) die or are euthanized, or if

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herding/intervention efforts are stopped, • If available, description of the number, intensity, and context of the Director of OPR, NMFS (or designee) behavior of any marine mammal(s) estimated takes by evaluating this will advise L–DEO that the shutdown observed preceding (i.e., within 48 information relative to population around the animals’ location is no hours and 50 km) and immediately after status. Consistent with the 1989 longer needed. the discovery of the stranding. preamble for NMFS’s implementing • Otherwise, shutdown procedures In the event that the investigation is regulations (54 FR 40338; September 29, will remain in effect until the Director still inconclusive, the investigation of 1989), the impacts from other past and of OPR, NMFS (or designee) determines the association of the survey activities is ongoing anthropogenic activities are and advises L–DEO that all live animals still warranted, and the investigation is incorporated into this analysis via their involved have left the area (either of still being pursued, NMFS may provide impacts on the environmental baseline their own volition or following an additional information requests, in (e.g., as reflected in the regulatory status intervention). writing, regarding the nature and of the species, population size and location of survey operations prior to growth rate where known, ongoing • If further observations of the marine the time period above. sources of human-caused mortality, or mammals indicate the potential for re- ambient noise levels). stranding, additional coordination with Negligible Impact Analysis and To avoid repetition, our analysis L–DEO will be required to determine Determination applies to all species listed in Table 1, what measures are necessary to NMFS has defined negligible impact given that NMFS expects the anticipated minimize that likelihood (e.g., as an impact resulting from the effects of the planned geophysical extending the shutdown or moving specified activity that cannot be survey to be similar in nature. Where operations farther away) and to reasonably expected to, and is not there are meaningful differences implement those measures as reasonably likely to, adversely affect the between species or stocks, or groups of appropriate. species or stock through effects on species, in anticipated individual Additional Information Requests—If annual rates of recruitment or survival responses to activities, impact of NMFS determines that the (50 CFR 216.103). A negligible impact expected take on the population due to circumstances of any marine mammal finding is based on the lack of likely differences in population status, or stranding found in the vicinity of the adverse effects on annual rates of impacts on habitat, NMFS has identified activity suggest investigation of the recruitment or survival (i.e., population- species-specific factors to inform the association with survey activities is level effects). An estimate of the number analysis. warranted, and an investigation into the of takes alone is not enough information As described above, we propose to stranding is being pursued, NMFS will on which to base an impact authorize only the takes estimated to submit a written request to L–DEO determination. In addition to occur outside of Canadian territorial indicating that the following initial considering estimates of the number of waters (Table 7); however, for the available information must be provided marine mammals that might be ‘‘taken’’ purposes of our negligible impact as soon as possible, but no later than 7 through harassment, NMFS considers analysis and determination, we consider business days after the request for other factors, such as the likely nature the total number of takes that are information: of any responses (e.g., intensity, anticipated to occur as a result of the • Status of all sound source use in the duration), the context of any responses entire survey (including the portion of 48 hours preceding the estimated time (e.g., critical reproductive time or the survey that would occur within the of stranding and within 50 km of the location, migration), as well as effects Canadian territorial waters discovery/notification of the stranding on habitat, and the likely effectiveness (approximately 13 percent of the survey) by NMFS; and of the mitigation. We also assess the (Table 8). TABLE 8—TOTAL ESTIMATED TAKE INCLUDING CANADIAN TERRITORIAL WATERS

Level B Level A harassment harassment Level B Level A (excluding (excluding harassment harassment Total Total Species Canadian Canadian (Canadian (Canadian Level B Level A territorial territorial territorial territorial harassment harassment waters) waters) waters) waters)

Gray whale, WNP ...... 2 0 1 0 3 0 Gray whale, ENP ...... 1,448 45 666 16 2,114 61 Humpback whale ...... 403 14 165 4 568 18 Blue whale ...... 31 1 4 0 35 1 Fin whale ...... 873 44 69 1 942 45 Sei whale ...... 34 1 7 0 41 1 Minke whale ...... 57 2 14 0 71 2 Sperm whale ...... 131 0 22 0 153 0 Baird’s beaked whale ...... 29 0 2 0 31 0 Stejneger’s beaked whale ...... 120 0 9 0 129 0 Cuvier’s beaked whale ...... 114 0 9 0 123 0 Pacific white-sided dolphin ...... 1,374 0 191 0 1,565 0 Northern right whale dolphin ...... 927 0 451 0 1,378 0 Risso’s dolphin ...... 22 0 22 0 44 0 Killer whale ...... 290 0 89 0 379 0 Dall’s porpoise ...... 5,661 178 1,825 36 7,486 214 Harbor porpoise ...... 990 26 455 9 1,445 35 Northern fur seal ...... 5,812 0 1,213 0 7,025 0 California sea lion ...... 1,258 0 433 0 1,691 0 Steller sea lion, wDPS ...... 54 0 55 0 109 0 Steller sea lion, eDPS ...... 2,381 0 2,467 0 4,848 0 Northern elephant seal ...... 6,850 0 1,429 0 8,279 0 Harbor seal ...... 6,012 0 6,228 0 12,240 0

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NMFS does not anticipate that serious habitat for the Mexico DPS of humpback Steller sea lions occupy rookeries and injury or mortality would occur as a whales and for Steller sea lions, and to pup from late-May through early-July result of L–DEO’s planned survey, even feeding BIAs for humpback whales in (NMFS. 2008), indicating that L–DEO’s in the absence of mitigation, and none general (including both the Hawaii and survey is unlikely to impact important would be authorized. Similarly, non- Mexico DPSs/Central North Pacific sea lion behaviors in critical habitat. auditory physical effects, stranding, and stock whales that are anticipated to Impacts to Steller sea lions within these vessel strike are not expected to occur. occur in the survey area). As described areas, and throughout the survey area, We are proposing to authorize a previously, the survey area is near a as well as impacts to other pinniped limited number of instances of Level A feeding BIA for gray whales and covers species, are expected to be limited to harassment of seven species (low- and the gray whale migratory BIA. However, short-term behavioral disturbance, with high-frequency cetacean hearing groups these BIAs would not be affected as they no lasting biological consequences. only) and Level B harassment only of are spatially and temporally separated, the remaining marine mammal species. respectively, from the survey. Negligible Impact Conclusions However, we believe that any PTS Yazvenko et al. (2007) reported no The proposed survey would be of incurred in marine mammals as a result apparent changes in the frequency of short duration (27 days of seismic of the planned activity would be in the feeding activity in Western gray whales operations), and the acoustic ‘‘footprint’’ form of only a small degree of PTS, not exposed to airgun sounds in their of the proposed survey would be small total deafness, because of the constant feeding grounds near Sakhalin Island. relative to the ranges of the marine movement of both the R/V Langseth and Goldbogen et al. (2013) found blue mammals that would potentially be of the marine mammals in the project whales feeding on highly concentrated affected. Sound levels would increase in areas, as well as the fact that the vessel prey in shallow depths (such as the the marine environment in a relatively is not expected to remain in any one conditions expected within humpback small area surrounding the vessel area in which individual marine feeding BIAs) were less likely to compared to the range of the marine mammals would be expected to respond and cease foraging than whales mammals within the proposed survey concentrate for an extended period of feeding on deep, dispersed prey when area. Short term exposures to survey time. Since the duration of exposure to exposed to simulated sonar sources, operations are not likely to significantly loud sounds will be relatively short it suggesting that the benefits of feeding disrupt marine mammal behavior, and would be unlikely to affect the fitness of for humpbacks foraging on high-density the potential for longer-term avoidance any individuals. Also, as described prey may outweigh perceived harm of important areas is limited. above, we expect that marine mammals from the acoustic stimulus, such as the The proposed mitigation measures are would likely move away from a sound seismic survey (Southall et al., 2016). expected to reduce the number and/or source that represents an aversive Additionally, L–DEO will shut down severity of takes by allowing for stimulus, especially at levels that would the airgun array upon observation of an detection of marine mammals in the be expected to result in PTS, given aggregation of six or more large whales, vicinity of the vessel by visual and sufficient notice of the R/V Langseth’s which would reduce impacts to acoustic observers, and by minimizing approach due to the vessel’s relatively cooperatively foraging animals. For all the severity of any potential exposures low speed when conducting seismic habitats, no physical impacts to habitat via shutdowns of the airgun array. surveys. We expect that the majority of are anticipated from seismic activities. Based on previous monitoring reports takes would be in the form of short-term While SPLs of sufficient strength have for substantially similar activities that Level B behavioral harassment in the been known to cause injury to fish and have been previously authorized by form of temporary avoidance of the area fish and invertebrate mortality, in NMFS, we expect that the proposed or decreased foraging (if such activity feeding habitats, the most likely impact mitigation will be effective in were occurring), reactions that are to prey species from survey activities considered to be of low severity and would be temporary avoidance of the preventing, at least to some extent, with no lasting biological consequences affected area and any injury or mortality potential PTS in marine mammals that (e.g., Southall et al., 2007, Ellison et al., of prey species would be localized may otherwise occur in the absence of 2012). around the survey and not of a degree the proposed mitigation (although all Marine mammal habitat may be that would adversely impact marine authorized PTS has been accounted for impacted by elevated sound levels, but mammal foraging. The duration of fish in this analysis). these impacts would be temporary. Prey avoidance of a given area after survey NMFS concludes that exposures to species are mobile and are broadly effort stops is unknown, but a rapid marine mammal species and stocks due distributed throughout the project areas; return to normal recruitment, to L–DEO’s proposed survey would therefore, marine mammals that may be distribution and behavior is expected. result in only short-term (temporary and temporarily displaced during survey Given the short operational seismic time short in duration) effects to individuals activities are expected to be able to near or traversing important habitat exposed, over relatively small areas of resume foraging once they have moved areas, as well as the ability of cetaceans the affected animals’ ranges. Animals away from areas with disturbing levels and prey species to move away from may temporarily avoid the immediate of underwater noise. Because of the acoustic sources, NMFS expects that area, but are not expected to relatively short duration (27 days) and there would be, at worst, minimal permanently abandon the area. Major temporary nature of the disturbance, the impacts to animals and habitat within shifts in habitat use, distribution, or availability of similar habitat and these areas. foraging success are not expected. resources in the surrounding area, the Critical habitat for Steller sea lions NMFS does not anticipate the proposed impacts to marine mammals and the has been established at three rookeries take estimates to impact annual rates of food sources that they utilize are not in southeast Alaska (Hazy Island, White recruitment or survival. expected to cause significant or long- Sisters Island, and Forrester Island near In summary and as described above, term consequences for individual Dixon Entrance), at several major haul- the following factors primarily support marine mammals or their populations. outs, and including aquatic zones that our preliminary determination that the The tracklines of this survey either extend 0.9 km seaward and air zones impacts resulting from this activity are traverse or are proximal to critical extending 0.9 km above the rookeries. not expected to adversely affect the

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species or stock through effects on predicted number of individuals to be the entire GOA and Bering Sea, we annual rates of recruitment or survival: taken is fewer than one-third of the reasonably assume that a total • No serious injury or mortality is species or stock abundance, the take is abundance estimate for the stock would anticipated or proposed to be considered to be of small numbers. show that the take number proposed for authorized; Additionally, other qualitative factors authorization (917) is small. In addition, • The proposed activity is temporary may be considered in the analysis, such for these stocks as well as for other and of relatively short duration (27 as the temporal or spatial scale of the stocks discussed below whose range days); activities. spans the GOA, given that the estimated • The anticipated impacts of the There are several stocks for which the take will take place in a relatively small proposed activity on marine mammals estimated instances of take appear high portion of the stock’s range, it is likely would primarily be temporary when compared to the stock abundance there would be repeat takes of a smaller behavioral changes due to avoidance of (Table 7), or for which there is no number of individuals, and therefore, the area around the survey vessel; currently accepted stock abundance the number of individual animals taken • The number of instances of estimate. These include the fin whale, will be lower. potential PTS that may occur are minke whale, sperm whale, three As noted previously, Kato and expected to be very small in number. species of beaked whale, four stocks of Miyashita (1998) produced an Instances of potential PTS that are killer whales, harbor porpoise, and one abundance estimate of 102,112 sperm incurred in marine mammals are stock of harbor seal. However, when whales in the western North Pacific. expected to be of a low level, due to other qualitative factors are used to However, this estimate is believed to be constant movement of the vessel and of inform an assessment of the likely positively biased. We therefore refer to the marine mammals in the area, and number of individual marine mammals Barlow and Taylor (2005)’s estimate of the nature of the survey design (not taken, the resulting numbers are 26,300 sperm whales in the northeast concentrated in areas of high marine appropriately considered small. We temperate Pacific to demonstrate that mammal concentration); discuss these in further detail below. the proposed take number of 136 is a • The availability of alternate areas of For all other stocks (aside from those small number. There is no abundance similar habitat value for marine referenced above and discussed below), information available for any Alaskan mammals to temporarily vacate the the proposed take is less than one-third stock of beaked whale. However, the survey area during the proposed survey of the best available stock abundance take numbers are sufficiently small to avoid exposure to sounds from the (recognizing that some of those takes (ranging from 29–120) that we can safely activity; may be repeats of the same individual, assume that they are small relative to • The potential adverse effects on fish thus rendering the actual percentage any reasonable assumption of likely or invertebrate species that serve as prey even lower), and noting that we population abundance for these stocks. species for marine mammals from the generally excluded consideration of As an example, we review available proposed survey would be temporary abundance information for British abundance information for other stocks and spatially limited, and impacts to Columbia in considering the amount of of Cuvier’s beaked whales, which is marine mammal foraging would be take relative to the best available stock widely distributed throughout deep minimal; and abundance information. waters of all oceans and is typically the • The proposed mitigation measures, The stock abundance estimates for the most commonly encountered beaked including visual and acoustic fin, minke, beaked, and sperm whale whale in its range. Where some degree monitoring and shutdowns are expected stocks that occur in the survey area are of bias correction, which is critical to an to minimize potential impacts to marine unknown, according to the latest SARs. accurate abundance estimate for cryptic mammals (both amount and severity). The same is true for the harbor porpoise. species like beaked whales, is Based on the analysis contained Therefore, we reviewed other scientific incorporated to the estimate, we see herein of the likely effects of the information in making our small typical estimates in the thousands of specified activity on marine mammals numbers determinations for these animals, demonstrating that the take and their habitat, and taking into species. As noted previously, partial numbers proposed for authorization are consideration the implementation of the abundance estimates of 1,233 and 2,020 reasonably considered small. Current proposed mitigation and monitoring minke whales are available for shelf and abundance estimates include the measures, NMFS preliminarily finds nearshore waters between the Kenai Western North Atlantic stock (5,744 that the total marine mammal take from Peninsula and Amchitka Pass and for animals; CV = 0.36), the Hawaii Pelagic the proposed activity will have a the eastern Bering Sea shelf, stock (4,431 animals, CV = 0.41), and negligible impact on all affected marine respectively. For the minke whale, these the California/Oregon/Washington stock mammal species or stocks. partial abundance estimates alone are (3,274 animals; CV = 0.67). sufficient to demonstrate that the For the southeast Alaska stock of Small Numbers proposed take number of 59 is of small harbor porpoise, whose range is defined As noted above, only small numbers numbers. The same surveys produced as from Dixon Entrance to Cape of incidental take may be authorized partial abundance estimates of 1,652 Suckling (including inland waters), the under Sections 101(a)(5)(A) and (D) of and 1,061 fin whales, for the same areas, SAR describes a partial abundance the MMPA for specified activities other respectively. Considering these two estimate, covering inland waters but not than military readiness activities. The partial abundance estimates in coastal waters, totaling 1,354 porpoise. MMPA does not define small numbers conjunction with the British Columbia This most recent abundance estimate is and so, in practice, where estimated abundance estimate of 329 whales based on survey effort in inland waters numbers are available, NMFS compares produces a total partial estimate of 3,042 during 2010–12 (Dahlheim et al., 2015). the number of individuals taken to the whales for shelf and nearshore waters An older abundance estimate, based on most appropriate estimation of between the Kenai Peninsula and survey effort conducted in 1997, abundance of the relevant species or Amchitka Pass, the eastern Bering Sea covering both coastal and inland waters stock in our determination of whether shelf, and British Columbia. Given that of the stock’s range, provides a more an authorization is limited to small the Northeast Pacific stock of fin complete abundance estimate of 11,146 numbers of marine mammals. When the whale’s range is described as covering animals (Hobbs and Waite, 2010). This

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estimate is sufficient to demonstrate that Sitka/Chatham Strait stock (whose range action. Therefore, NMFS has the take number proposed for just overlaps with the northern extent of preliminarily determined that the total authorization (1,016) is small. the survey area) (Muto et al., 2020). A taking of affected species or stocks For the potentially affected stocks of majority of takes are likely to accrue to would not have an unmitigable adverse killer whale, it would be unreasonable the Dixon/Cape Decision stock, which impact on the availability of such to assume that all takes would accrue to most directly overlaps with the species or stocks for taking for any one stock. Although the Gulf of proposed survey area. In the unlikely subsistence purposes. NMFS requests Alaska, Aleutian Islands, and Bering Sea event that all takes occurred to the comments or any information that may (GOA/BSAI) transient stock could occur Dixon/Cape Decision stock, the amount help to inform this determination. in southeast Alaska, it is unlikely that of take would be of small numbers. any significant proportion of Based on the analysis contained Endangered Species Act (ESA) encountered whales would belong to herein of the proposed activity Section 7(a)(2) of the ESA of 1973 (16 this stock, which is generally (including the proposed mitigation and U.S.C. 1531 et seq.) requires that each considered to occur mainly from Prince monitoring measures) and the Federal agency insure that any action it William Sound through the Aleutian anticipated take of marine mammals, authorizes, funds, or carries out is not Islands and Bering Sea. Transient killer NMFS preliminarily finds that small likely to jeopardize the continued whales in Canadian waters are numbers of marine mammals will be existence of any endangered or considered part of the West Coast taken relative to the population size of threatened species or result in the transient stock, further minimizing the the affected species or stocks. destruction or adverse modification of potential for encounter with the GOA/ designated critical habitat. To ensure Unmitigable Adverse Impact Analysis BSAI transient stock. We assume that ESA compliance for the issuance of and Determination only nominal, if any, take would IHAs, NMFS consults internally actually accrue to this stock. Similarly, Marine mammals are legally hunted whenever we propose to authorize take the offshore stock is encountered only in Alaskan waters by coastal Alaska for endangered or threatened species. rarely compared with resident and Natives. In the GOA, the only marine NMFS is proposing to authorize take transient stocks. Seasonal sighting data mammals under NMFS’ jurisdiction that of blue whales, fin whales, sei whales, collected in southeast Alaska waters are currently hunted are Steller sea lions sperm whales, Mexico DPS humpback between 1991 and 2007 shows a ratio of and harbor seals. These species are an whales, western DPS Steller sea lions, offshore and resident killer whale important subsistence resource for and WNP gray whales, which are listed sightings of 0.05 (Dahlheim et al., 2009), Alaska Natives from southeast Alaska to under the ESA. The NMFS OPR Permits and it is unlikely that any amount of the Aleutian Islands. There are and Conservation Division has take accruing to this stock would exceed numerous communities along the shores requested initiation of Section 7 small numbers. We anticipate that most of the GOA that participate in consultation with the NMFS OPR ESA killer whales encountered would be subsistence hunting, including Juneau, Interagency Cooperation Division for the transient or resident whales. For the Ketchikan, Sitka, and Yakutat in issuance of this IHA. NMFS will remaining stocks, we assume that take southeast Alaska (Wolfe et al., 2013). conclude the ESA consultation prior to would accrue to each stock in a manner According to Muto et al. (2019), the reaching a determination regarding the roughly approximate to the stocks’ annual subsistence take of Steller sea proposed issuance of the authorization. relative abundances, i.e., 78 percent lions from the eastern stock was 11, and Alaska resident, 12 percent West Coast 415 northern fur seals are taken Proposed Authorization transient, and 10 percent northern annually. In addition, 340 harbor seals As a result of these preliminary resident. This would equate to are taken annually (Muto et al. 2019). determinations, NMFS proposes to issue approximately 226 takes from the The seal harvest throughout Southeast an IHA to L–DEO for conducting a Alaska resident stock (9.6 percent of the Alaska is generally highest during marine geophysical survey in the stock abundance); 35 takes from the spring and fall, but can occur any time northeast Pacific beginning in July 2021, West Coast transient stock (10 percent of of the year (Wolfe et al., 2013). provided the previously mentioned the stock abundance), and 29 takes from Given the temporary nature of the mitigation, monitoring, and reporting the northern resident stock (9.6 percent proposed activities and the fact that requirements are incorporated. A draft of the stock abundance). Based on the most operations would occur further of the proposed IHA can be found at assumptions described in this from shore, the proposed activity would www.fisheries.noaa.gov/permit/ paragraph, we preliminary find that the not be expected to have any impact on incidental-take-authorizations-under- taking proposed for authorization is of the availability of the species or stocks marine-mammal-protection-act. no greater than small numbers for any for subsistence users. L–DEO is stock of killer whale. conducting outreach to local Request for Public Comments If all takes proposed for authorization stakeholders, including subsistence We request comment on our analyses, are allotted to each individual harbor communities, to notify subsistence the proposed authorization, and any seal stock, the estimated instances of hunters of the planned survey, to other aspect of this notice of Proposed take would be greater than one-third of identify the measures that would be IHA for the proposed geophysical the best available abundance estimate taken to minimize any effects on the survey. We also request at this time for the Sitka/Chatham Strait stock of availability of marine mammals for comment on the potential Renewal of harbor seal. However, similarly to the subsistence uses, and to provide an this proposed IHA as described in the discussion provided above for killer opportunity for comment on these paragraph below. Please include with whale, it would be unreasonable to measures. During operations, radio your comments any supporting data or assume that all takes would accrue to communications and Notice to Mariners literature citations to help inform any one stock. Based on the location of would keep interested parties apprised decisions on the request for this IHA or the proposed survey relative to the of vessel activities. NMFS is unaware of a subsequent Renewal IHA. potentially affected stocks’ ranges, it is any other subsistence uses of the On a case-by-case basis, NMFS may unlikely that a significant proportion of affected marine mammal stocks or issue a one-time, one-year Renewal IHA the estimated takes would occur to the species that could be implicated by this following notice to the public providing

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an additional 15 days for public DEPARTMENT OF COMMERCE cooled computer data center campus on comments when (1) up to another year a 110-acre site located approximately of identical, or nearly identical, National Oceanic and Atmospheric 1.5 miles east of Moss Landing. activities as described in the Description Administration Additional details about the Project are of Proposed Activity section of this included in the NOI dated June 1, 2015. Withdrawal of Notice of Intent To NOAA solicited public input on the notice is planned or (2) the activities as Prepare an Environmental Impact described in the Description of scope of the analysis through a public Statement for Monterey Bay Regional comment period on the NOI from June Proposed Activity section of this notice Water Project Desalination Facility would not be completed by the time the 1, 2015, to July 1, 2015. NOAA received IHA expires and a Renewal would allow AGENCY: Office of National Marine six comments in response to the notice, for completion of the activities beyond Sanctuaries (ONMS), National Ocean which are publicly available on http:// that described in the Dates and Duration Service (NOS), National Oceanic and www.regulations.gov under docket NOAA–NOS–2015–0069. NOAA and section of this notice, provided all of the Atmospheric Administration (NOAA), CSLC held a joint public scoping following conditions are met: Department of Commerce (DOC). meeting for the project on Tuesday, June • ACTION: Withdrawal of notice of intent A request for renewal is received no to prepare an environmental impact 16, 2015, and six commenters provided later than 60 days prior to the needed statement. testimony. Renewal IHA effective date (recognizing NOAA is terminating the NEPA that the Renewal IHA expiration date SUMMARY: NOAA’s Office of National process and closing the Project’s permit cannot extend beyond one year from Marine Sanctuaries is issuing this notice application because the permit expiration of the initial IHA); to advise Federal, state, and local applicant notified NOAA in May 2020 government agencies and the public that • The request for renewal must that the primary scope of the Project it is withdrawing its Notice of Intent to changed from desalination to land-based include the following: prepare a draft environmental impact aquaculture. NOAA finds that the scope (1) An explanation that the activities statement for the proposed action to of the Project has changed significantly to be conducted under the requested construct and operate a seawater reverse since publication of the 2015 NOI and Renewal IHA are identical to the osmosis desalination facility and co- the scoping process completed in 2015 activities analyzed under the initial located seawater-cooled 150-megawatt is no longer relevant. Therefore, NOAA IHA, are a subset of the activities, or computer data center campus project at is withdrawing the NOI to prepare an include changes so minor (e.g., Moss Landing, Monterey County, EIS for this Project. Should NOAA reduction in pile size) that the changes California. NOAA is terminating the receive a new permit application, do not affect the previous analyses, review of this project under the National NOAA will determine at that time what mitigation and monitoring Environmental Policy Act because the level of NEPA review is required for the requirements, or take estimates (with proposed project scope has changed project. the exception of reducing the type or significantly. Authority: 16 U.S.C. 1431 et seq.; 40 CFR amount of take); and FOR FURTHER INFORMATION CONTACT: 1500–1508; Companion Manual for NOAA (2) A preliminary monitoring report Karen Grimmer, Resource Protection Administrative Order 216–6A, 82 FR 4306. showing the results of the required Coordinator, Monterey Bay National John Armor, Marine Sanctuary, at karen.grimmer@ monitoring to date and an explanation Director, Office of National Marine noaa.gov, or by mail at 99 Pacific Street, showing that the monitoring results do Sanctuaries National Ocean Service, National Suite 455A, Monterey, California 93940. not indicate impacts of a scale or nature Oceanic and Atmospheric Administration. SUPPLEMENTARY INFORMATION: not previously analyzed or authorized. NOAA [FR Doc. 2021–11714 Filed 6–3–21; 8:45 am] published a Notice of Intent (NOI) in the • BILLING CODE 3510–NK–P Upon review of the request for Federal Register on June 1, 2015 (80 FR Renewal, the status of the affected 31022), to prepare a joint environmental species or stocks, and any other impact report (EIR)/environmental pertinent information, NMFS COMMITTEE FOR PURCHASE FROM impact statement (EIS) with the PEOPLE WHO ARE BLIND OR determines that there are no more than California State Lands Commission SEVERELY DISABLED minor changes in the activities, the (CSLC) in accordance with the National mitigation and monitoring measures Environmental Policy Act (NEPA) and Procurement List; Deletions will remain the same and appropriate, the California Environmental Quality and the findings in the initial IHA Act. The joint EIR/EIS would have AGENCY: Committee for Purchase From remain valid. analyzed the impacts on the human People Who Are Blind or Severely environment resulting from DeepWater Disabled Dated: May 28, 2021. Desal’s construction and operation of a ACTION: Deletions from the procurement Catherine Marzin, seawater reverse osmosis (SWRO) list. Acting Director, Office of Protected Resources, desalination facility and co-located National Marine Fisheries Service. seawater-cooled 150-megawatt SUMMARY: This action deletes product(s) [FR Doc. 2021–11718 Filed 6–3–21; 8:45 am] computer data center campus project from the Procurement List previously furnished by nonprofit agencies BILLING CODE 3510–22–P (Project) at Moss Landing, Monterey County, California. employing persons who are blind or DeepWater Desal submitted an have other severe disabilities. application for permit approval to DATES: Date deleted from the Monterey Bay National Marine Procurement List: July 04, 2021. Sanctuary to construct and operate a ADDRESSES: Committee for Purchase SWRO desalination facility capable of From People Who Are Blind or Severely producing 25,000 acre-feet per year of Disabled, 1401 S Clark Street, Suite 715, potable water and a co-located seawater- Arlington, Virginia 22202–4149.

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