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Estimated Total Annual Burden DATES: This Authorization is applicable marine mammals by Level B Hours: 6000 hours. from November 3, 2019 through harassment. Neither SIO nor NMFS Estimated Total Annual Cost to November 2, 2020. expects serious injury or mortality to Public: 0. FOR FURTHER INFORMATION CONTACT: result from this activity and, therefore, an IHA is appropriate. IV. Request for Comments Stephanie Egger, Office of Protected Resources, NMFS, (301) 427–8401. Description of Planned Activity Comments are invited on: (a) Whether Electronic copies of the application and the proposed collection of information supporting documents, as well as a list SIO plans to conduct low-energy is necessary for the proper performance of the references cited in this document, marine seismic surveys in the South of the functions of the agency, including may be obtained online at: https:// Atlantic Ocean during November- whether the information shall have www.fisheries.noaa.gov/permit/ December 2019. The seismic surveys practical utility; (b) the accuracy of the incidental-take-authorizations-under- would be conducted to understand the agency’s estimate of the burden marine-mammal-protection-act. In case volcanic and tectonic development of (including hours and cost) of the of problems accessing these documents, Walvis Ridge and Rio Grande Rise in the proposed collection of information; (c) please call the contact listed above. South Atlantic Ocean. The seismic ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: surveys would be conducted in clarity of the information to be International Waters with water depths collected; and (d) ways to minimize the Background ranging from approximately 500 to 5700 burden of the collection of information The MMPA prohibits the ‘‘take’’ of m. The surveys would involve one on respondents, including through the marine mammals, with certain source vessel, R/V Thomas G. use of automated collection techniques exceptions. Sections 101(a)(5)(A) and Thompson (Thompson). The Thompson or other forms of information (D) of the MMPA (16 U.S.C. 1361 et would deploy up to two 45-in 3 GI technology. seq.) direct the Secretary of Commerce airguns at a depth of 2–4 m with a ∼ 3 Comments submitted in response to (as delegated to NMFS) to allow, upon maximum total volume of 90 in along this notice will be summarized and/or request, the incidental, but not predetermined tracklines. Seismic included in the request for OMB intentional, taking of small numbers of surveys would occur in five survey approval of this information collection; marine mammals by U.S. citizens who areas including Libra Massif in the they also will become a matter of public engage in a specified activity (other than Southwest Atlantic and Valdivia Bank, record. commercial fishing) within a specified Gough, Tristan, and Central survey areas in the Southeast Atlantic. Sheleen Dumas, geographical region if certain findings are made and either regulations are SIO proposes to conduct low-energy Departmental Lead PRA Officer, Office of the seismic surveys low-energy seismic Chief Information Officer, Commerce issued or, if the taking is limited to Department. harassment, a notice of a proposed surveys in five areas in the South Atlantic Ocean. Reconnaissance Surveys [FR Doc. 2019–24306 Filed 11–6–19; 8:45 am] incidental take authorization may be provided to the public for review. are planned for three survey areas BILLING CODE 3510–22–P Authorization for incidental takings (Gough, Tristan, Central) and High shall be granted if NMFS finds that the Quality Surveys are planned to take DEPARTMENT OF COMMERCE taking will have a negligible impact on place along the planned seismic transect the species or stock(s) and will not have lines in the main survey area (Valdivia National Oceanic and Atmospheric an unmitigable adverse impact on the Bank) and Libra Massif survey area Administration availability of the species or stock(s) for (Figure 1). However, High-Quality taking for subsistence uses (where Surveys may be replaced by [RTID 0648–XR056] relevant). Further, NMFS must prescribe Reconnaissance Surveys depending on the permissible methods of taking and weather conditions and timing (e.g., 10 Takes of Marine Mammals Incidental to other ‘‘means of effecting the least percent of survey effort at Valdivia Bank Specified Activities; Taking Marine practicable adverse impact’’ on the is expected to consist of Reconnaissance Mammals Incidental to a Low-Energy affected species or stocks and their Surveys). All data acquisition in the Geophysical Survey in the South habitat, paying particular attention to Tristan survey area would occur in Atlantic Ocean rookeries, mating grounds, and areas of water >1000 m deep; all other survey similar significance, and on the areas have effort in intermediate (100– AGENCY: National Marine Fisheries availability of such species or stocks for 1,000 m) and deep (≤1,000 m) water. Service (NMFS), National Oceanic and taking for certain subsistence uses Most of the survey effort (97 percent) Atmospheric Administration (NOAA), (referred to in shorthand as would occur in water >1000 m deep. Commerce. ‘‘mitigation’’); and requirements The planned surveys would be in ACTION: Notice; Issuance of an Incidental pertaining to the mitigation, monitoring support of a potential future Harassment Authorization. and reporting of such takings are set International Ocean Discovery Program forth. (IODP) project and to improve our SUMMARY: In accordance with the understanding of volcanic and tectonic regulations implementing the Marine Summary of Request development of oceanic ridges and to Mammal Protection Act (MMPA) as On May 15, 2019, NMFS received a enable the selection and analysis of amended, notification is hereby given request from SIO for an IHA to take potential future IODP drill sites. To that NMFS has issued an incidental marine mammals incidental to achieve the program’s goals, the harassment authorization (IHA) to the conducting a low-energy marine Principal Investigators propose to Scripps Institute of Oceanography (SIO) geophysical survey in the South collect low-energy, high-resolution to incidentally harass, by Level B Atlantic Ocean. The application was multi-channel seismic (MCS) profiles. harassment only, marine mammals deemed adequate and complete on The planned cruise would consist of during a low-energy marine geophysical August 12, 2019. SIO’s request was for digital bathymetric, echosounding, and survey in the South Atlantic Ocean. take of a small number of 48 species of MCS surveys.

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The highest-quality mode is carried harassment for short beaked common refraction or seafloor refractions could out using a pair of 45-in3 airguns, with dolphin; 17 to 18 authorized takes by potentially occur, NMFS disagrees with airguns spaced 2 m apart at a depth of Level B harassment for pygmy sperm the Commission that these features need 2–4 m, with a 400, 800, or 1,600 m whales; 12 to 13 authorized takes by be explicitly addressed through the hydrophone streamer and with the Level B harassment for dwarf sperm model given the conservative approach vessel traveling at to 5 knots (5 kn) to whales; and 54 to 58 authorized takes by taken. Published results from Tolstoy achieve high-quality seismic reflection Level B harassment for hourglass (2009), Diebold (2010), and Crone et al. data. The reconnaissance mode is dolphins. (2014, 2017), along with nearly 20 years carried out using either one or two 45- Response: NMFS agreed and made of PSO observations from previous NSF- in 3 airguns, with airguns spaced 8 m those revisions to the authorized takes funded seismic surveys in various water apart (if 2 are being used) at a water by Level B harassment. Instances of take depths validate the approach. L–DEO depth of 2–4 m, with a 200 m by Level A and Level B harassment are has presented their modeling approach hydrophone streamer and with the independently calculated. The instances to NMFS and the Commission on vessel traveling at 8 kn. The receiving of take by Level A harassment are several occasions. Given the information system would consist of one typically subtracted from the take by presented, numerous discussions, and hydrophone streamer, 200 to 1,600 m in Level B harassment before being observations from past NSF-funded length, as described below. As the presented in the Estimated Take section seismic surveys that used the L–DEO airguns are towed along the survey to ensure they are not double-counted. modeling approach, NMFS remains lines, the hydrophone streamer would Since the likelihood of take by Level A confident that the methodology used is receive the returning acoustic signals harassment was qualitatively ruled out, appropriate and conservatively protects and transfer the data to the on-board the calculated take by Level A marine mammals. processing system. harassment were previously deducted, Comment: The Commission noted In addition to the operations of the but are now added back in to the tables depicting source levels in both airgun array, a hull-mounted multibeam authorized take by Level B harassment. the IHA application and the Federal echosounder (MBES) and a sub-bottom Comment: The Commission noted Register notice contained inadequate profiler (SBP) would also be operated some minor errors of the monitoring information and that the appendices of from the Thompson continuously requirements between the preamble and SIO’s IHA application did not contain throughout the seismic surveys, but not the draft IHA. necessary information. The Commission during transits to and from the project Response: NMFS agreed and made recommended that NMFS ensure that all area. All planned data acquisition and those corrections to ensure consistency source levels, modified source levels, sampling activities would be conducted with this final notice and the IHA. and related adjustment factors are by SIO and UW with on board Comment: The Commission specified and all relevant isopleth assistance by the scientists who have recommended revising the group size figures and user spreadsheet tables are planned the project. The vessel would for Clymene dolphins from 35 to 122 included in all future NSF-funded and be self-contained, and the crew would animals, killer whales from 5 to 8 –affiliated applications prior to live aboard the vessel for the entire animals, and false killer whales from 19 processing them. cruise. to 35 (Di Tullio et al., 2016) and making Response: NMFS has added For additional details on the planned those appropriate changes to the clarification on the tables noted by the activities, please refer to the notice of authorized takes by Level B harassment Commission and provided the the proposed IHA that was published in for those species as their total takes Commission the requested information. the Federal Register on September 30, were based on group size. NMFS will ensure that all applications 2019 (84 FR 51886). Response: NMFS agreed that the contain the necessary information Planned mitigation, monitoring, and group sizes for Clymene dolphins, killer required for adequate understanding of reporting measures are described in whales, and false killer whales from Di the acoustic modeling prior to detail later in this document (please see Tullio et al., 2016 were more recent that publishing the notice of proposed IHA. Mitigation and Monitoring and the previous group sizes cited and made Comment: The Commission Reporting sections). those revisions to the authorized takes recommended that, instead of using the by Level B harassment. LDEO modeling described in the IHA Comments and Responses Comment: In the context of a broader application, NMFS require LDEO to re- A notice of NMFS’s proposal to issue criticism of perceived modeling flaws, estimate the Level A and Level B an IHA to SIO was published in the the Commission recommended NMFS harassment zones and associated takes Federal Register on September 30, 2019 specify why it believes that sound of marine mammals using (1) both (84 FR 51886). That notice described, in channels with downward refraction, as operational (including number/type/ detail, SIO’s activity, the marine well as seafloor refractions, are not spacing of airguns, tow depth, source mammal species that may be affected by likely to occur during SIO’s survey and level/operating pressure, operational the activity, and the anticipated effects the degree to which both of these volume) and site-specific environmental on marine mammals. During the 30-day parameters would affect the estimation (including sound speed profiles, public comment period, NMFS received (or underestimation) of Level B bathymetry, and sediment a comment letter from the Marine harassment zones in deep and characteristics at a minimum) Mammal Commission (Commission). intermediate water depths. parameters, (2) a comprehensive source Comment: The Commission Response: The L–DEO approach to the model (i.e., Gundalf Optimizer) and (3) recommended the calculated Level A modeling is generally conservative as an appropriate sound propagation harassment takes should have been supported by data collected from model (i.e., BELLHOP). Specifically, the added to the authorized Level B calibration and other field data along Commission reiterates that LDEO harassment takes for the following with modeling results. The L–DEO should be using the ray-tracing species: 400 to 404 authorized takes by approach does not rely on incorporating propagation model BELLHOP—which is Level B harassment for both Antarctic every possible environmental factor in a free, standard propagation code that and common minke whales; 3,414 to the marine environment and while readily incorporates all environmental 3,718 authorized takes by Level B sound channels with downward inputs listed herein, rather than the

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limited, in-house MATLAB code the process of determining the accuracy of the application, allow action currently in use, and recommends appropriate method for deriving post- proponents to make necessary revisions NMFS specify why it believes that survey estimates of the total number of or additions to the application, draft its LDEO’s modeling approaches provide animals taken by activities such as proposed authorization, and consider more accurate, realistic, and appropriate Scripps’ marine geophysical survey. the comments received from the public. Level A and Level B harassment zones Comment: The Commission Response: We appreciate the than BELLHOP. The Commission recommended NMFS require SIO to Commission’s input and direct the recommends that NMFS (1) specify why specify in the final monitoring report (1) reader to our recent response to the it believes that LDEO’s model and other the number of days the survey occurs same comment, which can be found in ‘modeling’ approaches provide more and the array is active and (2) the the final authorization for similar SIO accurate, realistic, and appropriate percentage of time and total time the activities in Argentina (84 FR 54849; Level A and B harassment zones than array is active during daylight vs October 11, 2019). nighttime hours (including dawn and BELLHOP and (2) explain, if LDEO’s Changes From Proposed to Final IHA model and other ‘modeling’ approaches dusk). are considered best available science, Response: NMFS will require SIO to Minor corrections have been made to why other action proponents that include this information in their final the estimated take table (see Table 9). As conduct seismic surveys are not monitoring report. described in the Comments and implementing similar methods Comment: The Commission Response section, calculated Level A particularly given their simplicity. recommended that NMFS refrain from harassment takes were added to Response: We appreciate the using the renewal process for SIO’s Authorized Level B harassment takes (to Commission’s input and direct the authorization based on the complexity ensure the correct total takes) for six reader to our recent response to the of analysis and potential for impacts on species. In addition, group sizes were same comment, which can be found in marine mammals, and the potential adjusted for three species based on Di the final authorization for similar SIO burden on reviewers of reviewing key Tullio et al. (2016) and therefore activities in Argentina (84 FR 54849; documents and developing comments changes were made to the authorized October 11, 2019). quickly. Additionally, the Commission take by Level B harassment for those Comment: The Commission recommends that NMFS use the IHA species. renewal process sparingly and recommends that, in the next six Description of Marine Mammals in the selectively for activities expected to months, NMFS develop a policy Area of Specified Activities regarding how uncertainty should be have the lowest levels of impacts to incorporated in density estimates that marine mammals and that require less Section 4 of the application have been extrapolated from other areas complex analysis. summarize available information and other seasons and specify what Response: We appreciate the regarding status and trends, distribution adjustments (i.e., CVs, standard Commission’s input and direct the and habitat preferences, and behavior deviations, blanket correction factors) reader to our recent response to the and life history, of the potentially should be used for NSF-funded and same comment, which can be found at affected species. Additional information -affiliated surveys. 84 FR 52464 (October 2, 2019), pg. about these species (e.g., physical and Response: NMFS appreciates and 52466. If and when SIO requests a behavioral descriptions) may be found thanks the Commission’s for its Renewal, we will consider the on NMFS’s website (https:// recommendation and will take it under Commission’s comment further and www.fisheries.noaa.gov/find-species). consideration. address the concerns specific to this The populations of marine mammals Comment: The Commission noted project. We will consider this comment considered in this document do not that monitoring and reporting further when and if SIO requests a occur within the U.S. EEZ and are requirements adopted need to be renewal. therefore not assigned to stocks and are sufficient to provide a reasonably Comment: The Commission noted not assessed in NMFS’ Stock accurate assessment of the manner of that the planned surveys are scheduled Assessment Reports (SAR). As such, taking and the numbers of animals taken to three days after the public comment information on potential biological incidental to the specified activity. period closes and expressed concern removal (PBR; defined by the MMPA as Those assessments should account for that NMFS did not have adequate time the maximum number of animals, not all animals in the various survey areas, to consider public comments before including natural mortalities, that may including those animals directly on the issuing the IHA. The Commission be removed from a marine mammal trackline that are not detected and how recommended NMFS more thoroughly stock while allowing that stock to reach well animals are detected based on the review applications, draft Federal or maintain its optimum sustainable distance from the observer which is Register notices, and draft proposed population) and on annual levels of achieved by incorporating g(0) and f(0) authorizations prior to submitting any serious injury and mortality from values. The Commission recommended proposed authorizations to the Federal anthropogenic sources are not available that NMFS require SIO to use the Register, as well as require earlier for these marine mammal populations. Commission’s method as described in submission of applications and other Abundance estimates for marine the Commission’s Addendum to its May documentation to ensure sufficient time mammals in the survey location are 1, 2019 letter to better estimate the to prepare the proposed authorization lacking; therefore estimates of numbers of marine mammals taken by and consider comments received from abundance presented here are based on Level B harassment for the incidental the public. In addition, Commission a variety of proxy sources including harassment authorization. The recommends that NMFS require NSF- International Whaling Commission Commission stated that all other NSF- funded and -affiliated applications and population estimates (IWC 2019), the affiliated entities and all seismic other documentation to be submitted at U.S. Atlantic SARs (Hayes et al., 2018) operators should use this method as least eight months in advance of the for a few dolphin species, and various well. vessel leaving port so that NMFS has literature estimates (see IHA application Response: We thank the Commission sufficient time to review and provide for further detail), as this is considered for their recommendation. NMFS is in comments on the adequacy and the best available information on

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potential abundance of marine 2018 U.S. Atlantic SARs (e.g., Hayes et Argentine Basin, Southwest Atlantic mammals in the area. However, as al. 2018) available online at: Ocean, and summarizes information described above, the marine mammals www.fisheries.noaa.gov/national/ related to the population, including encountered by the planned survey are marine-mammal-protection/marine- regulatory status under the MMPA and not assigned to stocks. All abundance mammal-stock-assessments, except ESA. For taxonomy, we follow estimate values presented in Table 1 are where noted otherwise. Committee on Taxonomy (2018). the most recent available at the time of Table 1 lists all species with expected publication and are available in the potential for occurrence in the TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA EXPECTED TO BE AFFECTED BY THE SPECIFIED ACTIVITIES

ESA/ MMPA Relative Common name Scientific name Stock 1 status; Abundance PBR occurrence in strategic project area (Y/N) 2

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae

Southern right whale ...... Eubalaena australis ...... n/a ...... E/D; N 12,000 3 ...... N.A...... Uncommon. 3,3005 ......

Family Cetotheriidae

Pygmy right whale ...... Caperea marginata ...... n/a ...... N.A...... N.A...... Rare.

Family Balaenopteridae (rorquals)

Blue whale ...... Balaenoptera musculus ...... n/a ...... E/D; Y 2,300 true 4 ...... N.A...... Rare. 1,500 pygmy 6 ...... Fin whale ...... Balaenoptera physalus ...... n/a ...... E/D; Y 15,000 6 ...... N.A...... Uncommon. Sei whale ...... Balaenoptera borealis ...... n/a ...... E 10,000 6 ...... N.A...... Uncommon. Common minke whale ...... Balaenoptera acutorostrata ...... n/a ...... 515,000 36 ...... N.A...... Common. Antarctic minke whale ...... Balaenoptera bonaerensis ...... n/a ...... 515,000 36 ...... N.A...... Common. Humpback whale ...... Megaptera novaeangliae ...... n/a ...... 42,000 3 ...... N.A...... Rare. Bryde’s whale ...... Balaenoptera edeni/brydei ...... n/a ...... 48,109 7 ...... N.A...... Common.

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae

Sperm whale ...... Physeter macrocephalus ...... n/a ...... E 12,069 10 ...... N.A...... Uncommon.

Family Kogiidae

Pygmy sperm whale ...... Kogia breviceps ...... n/a ...... N.A...... N.A...... Rare. Dwarf sperm whale ...... Kogia sima ...... n/a ...... N.A...... N.A...... Uncommon.

Family Ziphiidae (beaked whales)

Arnoux’s beaked whale ...... Berardius arnuxii ...... n/a ...... 599,300 11 ...... N.A...... Uncommon. Cuvier’s beaked whale ...... Ziphius cavirostris ...... n/a ...... 599,300 11 ...... N.A...... Uncommon. Southern bottlenose whale ...... Hyperoodon planifrons ...... n/a ...... 599,300 11 ...... N.A...... Uncommon. Shepherd’s beaked whale ...... Tasmacetus sheperdi ...... n/a ...... N.A...... N.A...... Uncommon. Blainville’s beaked whale ...... Mesoplodon densirostris ...... n/a ...... N.A...... N.A...... Rare. Gray’s beaked whale ...... Mesoplodon grayi ...... n/a ...... 599,300 11 ...... N.A...... Uncommon. Gervais’ beaked whale ...... Mesoplodon europaeus ...... n/a ...... N.A...... N.A...... Rare. Hector’s beaked whale ...... Mesoplodon hectori ...... n/a ...... N.A...... N.A...... Rare. True’s beaked whale ...... Mesoplodon mirus ...... n/a ...... N.A...... N.A...... Rare. Strap-toothed beaked whale ...... Mesoplodon layardii ...... n/a ...... 599,300 11 ...... N.A...... Uncommon. Andrews’ beaked whale ...... Mesoplodon bowdoini ...... n/a ...... N.A...... N.A...... Rare. Spade-toothed beaked whale ...... Mesoplodon traversii ...... n/a ...... N.A...... N.A...... Rare.

Family Delphinidae

Risso’s dolphin ...... Grampus griseus ...... n/a ...... 18,250 12 ...... N.A...... Common. Rough-toothed dolphin ...... Steno bredanensis ...... n/a ...... N.A...... N.A...... Common. Common bottlenose dolphin ...... Tursiops truncatus ...... n/a ...... 77,532 12 ...... N.A...... Uncommon. Pantropical spotted dolphin ...... Stenella attenuata ...... n/a ...... 3,333 12 ...... N.A...... Common. Atlantic spotted dolphin ...... Stenella frontalis ...... n/a ...... 44,715 12 ...... N.A...... Rare. Spinner dolphin ...... Stenella longirostris ...... n/a ...... N.A...... N.A...... Uncommon. Clymene dolphin ...... Stenella clymene ...... n/a ...... N.A...... N.A...... Rare. Striped dolphin ...... Stenella coeruleoalba ...... n/a ...... 54,807 12 ...... N.A...... Uncommon. Short-beaked common dolphin ...... Delphinus delphis ...... n/a ...... 70,184 10 ...... N.A...... Uncommon. Fraser’s dolphin ...... Lagenodelphis hosei ...... n/a ...... N.A...... N.A...... Uncommon. Dusky dolphin ...... Lagenorhynchus obscurus ...... n/a ...... 7,252 12 ...... N.A...... Rare. Hourglass dolphin ...... Lagenorhynchus cruciger ...... n/a ...... 150,000 6 ...... N.A...... Rare. Southern right whale dolphin ...... Lissodelphis peronii ...... n/a ...... N.A...... N.A...... Uncommon. Killer whale ...... Orcinus orca ...... n/a ...... 25,000 14 ...... N.A...... Uncommon. Short-finned pilot whale ...... Globicephala macrorhynchus ...... n/a ...... 200,000 6 ...... N.A...... Uncommon. Long-finned pilot whale ...... Globicephala melas ...... n/a ...... 200,000 6 ...... N.A...... Uncommon. False killer whale ...... Pseudorca crassidens ...... n/a ...... N.A...... N.A...... Uncommon.

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TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA EXPECTED TO BE AFFECTED BY THE SPECIFIED ACTIVITIES—Continued

ESA/ MMPA Relative Common name Scientific name Stock 1 status; Abundance PBR occurrence in strategic project area (Y/N) 2

Pygmy killer whale ...... Feresa attenuata ...... n/a ...... N.A...... N.A...... Uncommon. Melon-headed whale ...... Peponocephala electra ...... n/a ...... N.A...... N.A...... Uncommon.

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

Cape fur seal ...... Arctocephalus pusillus pusillus ...... n/a ...... Approximately 2 million 16 ..... N.A...... Uncommon. Subantarctic fur seal ...... Arctocephalus tropicalis ...... n/a ...... 400,000 15 ...... N.A...... Uncommon.

Family Phocidae (earless seals)

Crabeater seal ...... Lobodon carcinophaga ...... n/a ...... 5—10 million 17 ...... N.A...... Rare. Leopard seal ...... Hydrurga leptonyx ...... n/a ...... 222,000—440,000 18 ...... N.A...... Rare. Southern elephant seal ...... Mirounga leonina ...... n/a ...... 750,000 19 ...... N.A...... Uncommon. N.A. = Data not available. NL = Not listed. 1 U.S. Endangered Species Act (NOAA 2019): EN = Endangered. 2 International Union for the Conservation of Nature (IUCN) Red List of Threatened Species (IUCN 2019): EN = Endangered; NT = Near Threatened; VU = Vulner- able; LC = Least Concern; DD = Data Deficient 3 Convention on International Trade in Endangered Species of Wild Fauna and Flora (UNEP–WCMC 2017): Appendix I = Threatened with extinction; Appendix II = not necessarily threatened with extinction but may become so unless trade is closely controlled. 4 Southern Hemisphere (IWC 2019). 5 Southwest Atlantic (IWC 2019). 6 Antarctic (Boyd 2002). 7 Southern Hemisphere (IWC 1981). 8 Dwarf and Antarctic minke whales combined. 9 There are 14 distinct population segments (DPSs) of humpback whales recognized under the ESA; the Brazil and Gabon/Southwest Africa DPSs are not listed (NOAA 2019). 10 Estimate for the Antarctic, south of 60°S (Whitehead 2002). 11 All beaked whales south of the Antarctic Convergence; mostly southern bottlenose whales (Kasamatsu and Joyce 1995). 12 Estimate for the western North Atlantic (Hayes et al. 2018). 13 Estimate for Patagonian coast (Dans et al. 1997). 14 Minimum estimate for Southern Ocean (Branch and Butterworth 2001). 15 Global population (Hofmeyr and Bester 2018). 16 Butterworth et al. (1995 in Kirkman and Arnould 2018). 17 Global population (Bengtson and Stewart 2018). 18 Global population (Rogers 2018). 19 Total world population (Hindell et al. 2016).

All species that could potentially Potential Effects of Specified Activities not pertinent here, section 3(18) of the occur in the planned survey areas are on Marine Mammals and Their Habitat MMPA defines ‘‘harassment’’ as any act of pursuit, torment, or annoyance, included in Table 1. As described The effects from underwater noise which (i) has the potential to injure a below, all 48 species temporally and from SIO’s planned geophysical surveys spatially co-occur with the activity to marine mammal or marine mammal have the potential to result in stock in the wild (Level A harassment); the degree that take is reasonably likely harassment of marine mammals in the to occur, and we have authorized it. or (ii) has the potential to disturb a vicinity of the action area. The Federal marine mammal or marine mammal A detailed description of the species Register notice for the proposed IHA (84 stock in the wild by causing disruption likely to be affected by the planned FR 51886; September 30, 2019) included of behavioral patterns, including, but geophysical surveys, including brief a discussion of the effects of not limited to, migration, breathing, introductions to the species and anthropogenic noise on marine nursing, breeding, feeding, or sheltering relevant stocks as well as available mammals and their habitat, therefore (Level B harassment). information regarding population trends that information is not repeated here; Authorized takes would be by Level B and threats, information regarding local please refer to that Federal Register harassment only, as use of the acoustic occurrence, and marine mammal notice (84 FR 51886; September 30, sources (i.e., seismic airgun) has the hearing were provided in the Federal 2019) for that information. No instances potential to result in disruption of Register notice for the proposed IHA (84 of serious injury or mortality are behavioral patterns for individual expected as a result of the planned FR 51886; September 30, 2019). Since marine mammals. Based on the nature activities. that time, we are not aware of any of the activity and the anticipated changes in the status of these species Estimated Take effectiveness of the mitigation measures (i.e., marine mammal exclusion zones) and stocks; therefore, detailed This section provides an estimate of descriptions are not provided here. discussed in detail below in Mitigation the number of incidental takes section, Level A harassment is neither Please refer to that Federal Register authorized through this IHA, which will anticipated nor authorized. As notice for these descriptions. Please also inform both NMFS’ consideration of described previously, no mortality is refer to NMFS’s website (https:// ‘‘small numbers’’ and the negligible anticipated or authorized for this www.fisheries.noaa.gov/find-species) for impact determination. activity. Below we describe how the generalized species accounts. Harassment is the only type of take take is estimated. expected to result from these activities. Generally speaking, we estimate take Except with respect to certain activities by considering: (1) Acoustic thresholds

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above which NMFS believes the best harassment) or to incur PTS of some (e.g., seismic airguns) or intermittent available science indicates marine degree (equated to Level A harassment). (e.g., scientific sonar) sources. mammals will be behaviorally harassed Level B Harassment for non-explosive SIO’s planned activity includes the or incur some degree of permanent sources—Though significantly driven by use of impulsive seismic sources, and hearing impairment; (2) the area or received level, the onset of behavioral therefore the 160 dB re 1 mPa (rms) is volume of water that will be ensonified disturbance from anthropogenic noise applicable. above these levels in a day; (3) the exposure is also informed to varying Level A harassment for non-explosive density or occurrence of marine degrees by other factors related to the sources—NMFS’ Technical Guidance mammals within these ensonified areas; source (e.g., frequency, predictability, for Assessing the Effects of and, (4) and the number of days of duty cycle), the environment (e.g., Anthropogenic Sound on Marine activities. We note that while these bathymetry), and the receiving animals Mammal Hearing (Version 2.0) basic factors can contribute to a basic (hearing, motivation, experience, (Technical Guidance) (NMFS, 2018) calculation to provide an initial demography, behavioral context) and identifies dual criteria to assess auditory prediction of takes, additional can be difficult to predict (Southall et injury (Level A harassment) to five information that can qualitatively al., 2007; Ellison et al., 2012). Based on different marine mammal groups (based what the available science indicates, on hearing sensitivity) as a result of inform take estimates is also sometimes and the practical need to use a threshold exposure to noise from two different available (e.g., previous monitoring based on a factor that is both predictable types of sources (impulsive or non- results or average group size). Below, we and measurable for most activities, impulsive). SIO’s planned activity describe the factors considered here in NMFS uses a generalized acoustic includes the use of impulsive seismic more detail and present the authorized threshold based on received level to sources. take estimate. estimate the onset of behavioral These thresholds are provided in Acoustic Thresholds harassment. NMFS predicts that marine Table 2 below. The references, analysis, mammals are likely to be behaviorally and methodology used in the Using the best available science, harassed in a manner we consider Level development of the thresholds are NMFS has developed acoustic B harassment when exposed to described in NMFS 2018 Technical thresholds that identify the received underwater anthropogenic noise above Guidance, which may be accessed at level of underwater sound above which received levels of 120 dB re 1 mPa (rms) https://www.fisheries.noaa.gov/ exposed marine mammals would be for continuous (e.g., vibratory pile- national/marine-mammal-protection/ reasonably expected to be behaviorally driving, drilling) and above 160 dB re 1 marine-mammal-acoustic-technical- harassed (equated to Level B mPa (rms) for non-explosive impulsive guidance.

TABLE 2—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; LE, LF,24h: 183 dB ...... Cell 2: LE, LF,24h: 199 dB Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB LE, MF,24h: 185 dB ...... Cell 4: LE, MF,24h: 198 dB High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB LE, HF,24h: 155 dB ...... Cell 6: LE, HF,24h: 173 dB Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB LE, PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB LE,OW,24h: 203 dB ...... Cell 10: LE,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-impul- sive 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 down to a maximum water depth of airgun array at a tow depth of 6 m have been reported in deep water (∼1,600 m), Here, we describe operational and 2,000 m. Received sound levels were predicted by LDEO’s model (Diebold et intermediate water depth on the slope environmental parameters of the activity ∼ ∼ that will feed into identifying the area al., 2010) as a function of distance from ( 600–1,100 m), and shallow water ( 50 3 ensonified above the acoustic the airguns, for the two 45 in airguns. m) in the Gulf of Mexico in 2007–2008 thresholds, which include source levels This modeling approach uses ray tracing (Tolstoy et al., 2009; Diebold et al., and transmission loss coefficient. for the direct wave traveling from the 2010). The planned survey would entail the array to the receiver and its associated For deep and intermediate water use of a 2-airgun array with a total source ghost (reflection at the air-water cases, the field measurements cannot be discharge of 90 in3 at a two depth of 2– interface in the vicinity of the array), in used readily to derive the Level A and 4 m. Lamont-Doherty Earth Observatory a constant-velocity half-space (infinite Level B harassment isopleths, as at (LDEO) model results are used to homogenous ocean layer, unbounded by those sites the calibration hydrophone determine the 160 dBrms radius for the a seafloor). In addition, propagation was located at a roughly constant depth 2-airgun array in deep water (>1,000 m) measurements of pulses from a 36- of 350–550 m, which may not intersect

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all the SPL isopleths at their widest isopleths falling within this domain can use the deep-water radii obtained from point from the sea surface down to the be predicted reliably by the LDEO LDEO model results down to a maximum relevant water depth (∼2,000 model, although they may be maximum water depth of 2,000 m for m) for marine mammals. At short imperfectly sampled by measurements the airgun array with 2-m and 8-m ranges, where the direct arrivals recorded at a single depth. At greater airgun separation. The radii for dominate and the effects of seafloor distances, the calibration data show that intermediate water depths (100–1,000 interactions are minimal, the data at the seafloor-reflected and sub-seafloor- m) are derived from the deep-water ones deep sites are suitable for comparison refracted arrivals dominate, whereas the by applying a correction factor with modeled levels at the depth of the direct arrivals become weak and/or (multiplication) of 1.5, such that calibration hydrophone. At longer incoherent. Aside from local topography observed levels at very near offsets fall ranges, the comparison with the effects, the region around the critical below the corrected mitigation curve model—constructed from the maximum distance is where the observed levels SPL through the entire water column at rise closest to the model curve. (see Figure 16 in Appendix H of NSF– varying distances from the airgun However, the observed sound levels are USGS 2011). array—is the most relevant. found to fall almost entirely below the LDEO’s modeling methodology is In deep and intermediate water model curve. Thus, analysis of the Gulf described in greater detail in SIO’s IHA depths, comparisons at short ranges of Mexico calibration measurements application. The estimated distances to between sound levels for direct arrivals demonstrates that although simple, the the Level B harassment isopleths for the recorded by the calibration hydrophone LDEO model is a robust tool for two planned airgun configurations in and model results for the same array conservatively estimating isopleths. each water depth category are shown in tow depth are in good agreement (see The planned surveys would acquire Table 3. Figures 12 and 14 in Appendix H of data with two 45-in3 guns at a tow depth NSF–USGS 2011). Consequently, of 2–4 m. For deep water (>1,000 m), we

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

Predicted distances (m) Airgun configuration Water depth (m) to 160 dB received sound level

Two 45 in3 guns, 2-m separation ...... >1,000 (deep) ...... a 539 100–1,000 (intermediate) ...... b 809 Two 45 in3 guns, 8-m separation ...... > 1,000 (deep) ...... a 578 100–1,000 (intermediate) ...... b 867 a Distance based on LDEO model results. b Distance based on LDEO model results with a 1.5 x correction factor between deep and intermediate water depths. c Distance based on empirically derived measurements in the Gulf of Mexico with scaling applied to account for differences in tow depth.

Predicted distances to Level A thresholds, NMFS developed an the theoretical farfield signature. The harassment isopleths, which vary based optional User Spreadsheet that includes pulses from the different airguns spread on marine mammal hearing groups, tools to help predict a simple isopleth out in time such that the source levels were calculated based on modeling that can be used in conjunction with observed or modeled are the result of performed by LDEO using the marine mammal density or occurrence the summation of pulses from a few NUCLEUS software program and the to facilitate the estimation of take airguns, not the full array (Tolstoy et al., NMFS User Spreadsheet, described numbers. 2009). At larger distances, away from below. The updated acoustic thresholds The SELcum for the 2–GI airgun array the source array center, sound pressure for impulsive sounds (e.g., airguns) is derived from calculating the modified of all the airguns in the array stack contained in the Technical Guidance farfield signature. The farfield signature coherently, but not within one time were presented as dual metric acoustic is often used as a theoretical sample, resulting in smaller source thresholds using both SELcum and peak representation of the source level. To levels (a few dB) than the source level sound pressure metrics (NMFS 2018). compute the farfield signature, the derived from the farfield signature. As dual metrics, NMFS considers onset source level is estimated at a large Because the farfield signature does not of PTS (Level A harassment) to have distance (right) below the array (e.g., 9 take into account the interactions of the occurred when either one of the two km), and this level is back projected two airguns that occur near the source metrics is exceeded (i.e., metric mathematically to a notional distance of center and is calculated as a point resulting in the largest isopleth). The 1 m from the array’s geometrical center. source (single airgun), the modified SELcum metric considers both level and However, it has been recognized that the farfield signature is a more appropriate duration of exposure, as well as source level from the theoretical farfield measure of the sound source level for auditory weighting functions by marine signature is never physically achieved at large arrays. For this smaller array, the mammal hearing group. In recognition the source when the source is an array modified farfield changes will be of the fact that the requirement to of multiple airguns separated in space correspondingly smaller as well, but we calculate Level A harassment ensonified (Tolstoy et al., 2009). Near the source (at use this method for consistency across areas could be more technically short ranges, distances <1 km), the all array sizes. challenging to predict due to the pulses of sound pressure from each SIO used the same acoustic modeling duration component and the use of individual airgun in the source array do as Level B harassment with a small grid weighting functions in the new SELcum not stack constructively as they do for step in both the inline and depth

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directions to estimate the SELcum and subarrays using the NUCLEUS software of this modeling approach, please see peak SPL. The propagation modeling to estimate the notional signature and Appendix A: Determination of takes into account all airgun the MATLAB software to calculate the Mitigation Zones in SIO’s IHA interactions at short distances from the pressure signal at each mesh point of a application. source including interactions between grid. For a more complete explanation

TABLE 4—MODELED SOURCE LEVELS (dB) FOR R/V THOMPSON 90 IN3 AIRGUN ARRAYS

8-kn survey 8-kn survey 5-kn survey 5-kn survey with 8-m with 8-m with 2-m with 2-m Functional hearing group airgun airgun airgun airgun separation: separation: separation: separation: Peak SPLflat SELcum Peak SPLflat SELcum

Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ...... 228.8 207 232.8 206.7 1 Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB) ...... N/A 206.7 229.8 206.9 High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB) ...... 233 207.6 232.9 207.2 Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ...... 230 206.7 232.8 206.9 1 Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ...... N/A 203 225.6 207.4 1 N/A indicates source level not applicable or not available. There are no values for the 2 x 45 cu.in at 4m depth with an 8m separation for the MF cetaceans and Otariids (maximum peak value is 221dB so less than 230 or 232dB). Therefore, we cannot provide any radial distance or modified peak farfield values for these two hearing groups.

In order to more realistically incorporated within the User Table 4. User Spreadsheets used by SIO incorporate the Technical Guidance’s Spreadsheet (i.e., to override the to estimate distances to Level A weighting functions over the seismic Spreadsheet’s more simple weighting harassment isopleths for the two array’s full acoustic band, unweighted factor adjustment). Using the User potential airgun array configurations are spectrum data for the Thompson’s Spreadsheet’s ‘‘safe distance’’ shown in Tables A–4 and A–5 in airgun array (modeled in 1 Hz bands) methodology for mobile sources Appendix A of SIO’s IHA application. was used to make adjustments (dB) to (described by Sivle et al., 2014) with the Outputs from the User Spreadsheet in the unweighted spectrum levels, by hearing group-specific weighted source the form of estimated distances to Level frequency, according to the weighting levels, and inputs assuming spherical A harassment isopleths are shown in functions for each relevant marine spreading propagation and source Table 5. As described above, NMFS mammal hearing group. These adjusted/ velocities and shot intervals provided in considers onset of PTS (Level A weighted spectrum levels were then SIO’s IHA application, potential radial harassment) to have occurred when converted to pressures (mPa) in order to distances to auditory injury zones were either one of the dual metrics (SELcum or integrate them over the entire calculated for SELcum thresholds, for broadband spectrum, resulting in both array configurations. Peak SPLflat) is exceeded (i.e., metric broadband weighted source levels by Inputs to the User Spreadsheet in the resulting in the largest isopleth). hearing group that could be directly form of estimated SLs are shown in

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

8-kn survey 8-kn survey 5-kn survey 5-kn survey with 8-m with 8-m with 2-m with 2-m Functional Hearing Group (Level A harassment thresholds) airgun airgun airgun airgun separation: separation: separation: separation: Peak SPLflat SELcum Peak SPLflat SELcum

Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ...... 3.08 2.4 4.89 6.5 Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB) ...... 0 0 0.98 0 High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB)...... 34.84 0 34.62 0 Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ...... 4.02 0 5.51 0.1 Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ...... 0 0 0.48 0

Note that because of some of the the planned seismic survey, the User encountered in the planned survey areas assumptions included in the methods Spreadsheet predicts the closest in the South Atlantic Ocean was Di used, isopleths produced may be distance at which a stationary animal Tullio et al. (2016). The rationale for overestimates to some degree, which would not incur PTS if the sound source using these data was that these surveys will ultimately result in some degree of traveled by the animal in a straight line were conducted offshore along the overestimate of take by Level A at a constant speed. continental slope at the same latitudes harassment. However, these tools offer Marine Mammal Occurrence as the planned seismic surveys and so the best way to predict appropriate come from a similar season, water depth In this section we provide the isopleths when more sophisticated 3D category, and climatic region in the information about the presence, density, modeling methods are not available, and southern Atlantic Ocean. When data for or group dynamics of marine mammals NMFS continues to develop ways to that will inform the take calculations. species expected to occur in the quantitatively refine these tools and will SIO determined that the preferred planned seismic survey areas were not qualitatively address the output where source of density data for marine available in Di Tullio et al. (2016), data appropriate. For mobile sources, such as mammal species that might be from White et al. (2002) was used as

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calculated in LGL/NSF (2019) because TABLE 6—MARINE MAMMAL DENSITIES TABLE 6—MARINE MAMMAL DENSITIES they came from an area which was IN THE PLANNED SURVEY AREA— IN THE PLANNED SURVEY AREA— slightly south of the planned project Continued Continued area but well north of the AECOM/NSF (2014) study area. An exception was Estimated Estimated made for the southern right whale, for Species density Species density which densities from AECOM/NSF (#/km2) a (#/km2) a (2014) were higher and thus more conservative. Next data came from Bryde’s whale ...... 0.000439 Cape fur seal ...... N.A. Common (dwarf) minke AECOM/NSF (2014); although they whale ...... 0.077896 Phocids come from an area south of the planned Antarctic minke whale ...... 0.077896 project area, they were the next best Humpback whale ...... 0.000310 Crabeater seal ...... 0.00649 data available for those species. For Leopard seal ...... 0.00162 species not included in these sources MF Cetaceans Southern elephant seal ...... 0.00155 stated above, data came from from de Sperm whale ...... 0.005975 N.A. indicates density estimate is not avail- Boer (2010), Garaffo et al. (2011), able. NOAA–SWFSC LOA (2013 in AECOM/ Arnoux’s beaked whale ...... 0.011379 Species in italics are listed under the ESA NSF 2014), Wedekin et al. (2014), Cuvier’s beaked whale ...... 0.000548 as endangered. Southern bottlenose whale ... 0.007906 a Bradford et al. (2017), and Mannocci et See Appendix B in SIO’s IHA application Shepherd’s beaked whale .... 0.009269 for density sources. al. (2017). When densities were not Blainville’s beaked whale ..... 0.000053 directly available from the above Gray’s beaked whale ...... 0.001885 Take Calculation and Estimation studies, they were estimated using Hector’s beaked whale ...... 0.000212 Here we describe how the information sightings and effort reported in those Gervais’ beaked whale ...... 0.001323 provided above is brought together to sources. Densities calculated from de True’s beaked whale ...... 0.000053 produce a quantitative take estimate. In Boer (2010) come from LGL/NSF (2016); Strap-toothed beaked whale 0.000582 order to estimate the number of marine densities from White et al. (2002), Andrew’s beaked whale ...... 0.000159 mammals predicted to be exposed to Garaffo et al. (2011), and Wedekin et al. Spade-toothed beaked whale 0.000053 Risso’s dolphin ...... 0.010657 sound levels that would result in Level (2014) are from LGL/NSF (2019). Data Rough-toothed dolphin ...... 0.005954 A harassment or Level B harassment, sources and density calculations are Common bottlenose dolphin 0.040308 radial distances from the airgun array to described in detail in Appendix B of Pantropical spotted dolphin .. 0.003767 predicted isopleths corresponding to the SIO’s IHA application. For some Atlantic spotted dolphin ...... 0.213721 Level A harassment and Level B species, the densities derived from past Spinner dolphin ...... 0.040720 harassment thresholds are calculated, as surveys may not be representative of the Clymene dolphin ...... 0.006800 described above. Those radial distances densities that would be encountered Striped dolphin ...... 0.004089 are then used to calculate the area(s) during the planned seismic surveys. Short-beaked common dol- around the airgun array predicted to be However, the approach used is based on phin ...... 0.717166 Fraser’s dolphin ...... 0.021040 ensonified to sound levels that exceed the best available data. Estimated Dusky dolphin ...... 0.012867 the Level A harassment and Level B densities used to inform take estimates Southern right whale dolphin 0.006827 harassment thresholds. The area are presented in Table 6. Killer whale ...... 0.000266 estimated to be ensonified in a single Short-finned pilot whale ...... 0.002085 day of the survey is then calculated TABLE 6—MARINE MAMMAL DENSITIES Long-finned pilot whale ...... 0.021379 (Table 7), based on the areas predicted IN THE PLANNED SURVEY AREA False killer whale ...... 0.000882 Pygmy killer whale ...... 0.000321 to be ensonified around the array and Estimated Melon-headed whale ...... 0.003540 the estimated trackline distance traveled Species density per day. This number is then multiplied (#/km2) a HF Cetaceans by the number of survey days. The product is then multiplied by 1.25 to LF Cetaceans Pygmy sperm whale ...... 0.003418 account for the additional 25 percent Dwarf sperm whale ...... 0.002582 contingency. This results in an estimate Southern right whale ...... 0.007965 Hourglass dolphin ...... 0.011122 2 Pygmy right whale ...... N.A. of the total area (km ) expected to be Blue whale ...... 0.000051 Otariids ensonified to the Level A and Level B Fin whale ...... 0.000356 harassment thresholds for each survey Sei whale ...... 0.000086 Subantarctic fur seal ...... 0.00274 type (Table 7).

TABLE 7—AREAS (km2) TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS

Total Relevant Daily Total survey 25 percent in- ensonified Survey type Criteria isopleth ensonified days crease area (m) area (km2) (km2)

5-kn survey ...... Level B Harassment (160 dB)

Intermediate water ...... 809 14.67 10 1.25 183.34 Deep water ...... 539 231.31 10 1.25 2891.42

Level A Harassment

LF cetacean ...... 6.5 2.89 10 1.25 36.125 MF cetacean ...... 1 0.44 10 1.25 5.55 HF cetacean ...... 34.6 15.37 10 1.25 192.13

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TABLE 7—AREAS (km2) TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS—Continued

Total Relevant Daily Total survey 25 percent in- ensonified Survey type Criteria isopleth ensonified days crease area (m) area (km2) (km2)

Phocids ...... 5.5 2.44 10 1.25 30.53 Otariids ...... 0.5 0.22 10 1.25 2.77

8-kn survey ...... Level B Harassment (160 dB)

Intermediate water ...... 867 25.95 4 1.25 129.75 Deep water ...... 578 395.88 4 1.25 1979.38

Level A Harassment

LF cetacean ...... 3.1 2.21 4 1.25 11.04 MF cetacean ...... 0 0 4 1.25 0 HF cetacean ...... 34.8 24.78 4 1.25 124 Phocids ...... 4 2.85 4 1.25 14.24 Otariids ...... 0 0 4 1.25 0

The total ensonified areas (km2) for TABLE 8—TOTAL ENSONIFIED AREAS Otariids Level A ...... 2.77 each criteria presented in Table 7 were (km2) FOR ALL SURVEYS—Continued summed to determine the total The marine mammals predicted to ensonified area for all survey activities Total occur within these respective areas, based on estimated densities (Table 6), (Table 8). Criteria ensonified area (km2) for are assumed to be incidentally taken. all surveys TABLE 8—TOTAL ENSONIFIED AREAS While some takes by Level A (km2) FOR ALL SURVEYS 160 dB Level B (intermediate harassment have been estimated, based water) ...... 313.09 on the nature of the activity and in Total 160 dB Level B (deep water) 4870.80 consideration of the planned mitigation Criteria ensonified LF cetacean Level A ...... 47.11 measures (see Mitigation section below), area (km2) for Level A take is not expected to occur all surveys MF cetacean Level A ...... 5.55 HF cetacean Level A ...... 316.04 and has not been authorized. Estimated 160 dB Level B (all depths) .. 5183.89 Phocids Level A ...... 44.77 exposures for the planned survey are shown in Table 9. TABLE 9—CALCULATED AND AUTHORIZED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF POPULATION EXPOSED

Calculated take 1 Authorized take 4 Species Percent of Level B Level A Level B population 5 harassment 2 harassment 3 harassment only

LF Cetaceans: Southern right whale ...... 41 0 41 1.3 Pygmy right whale ...... N.A. N.A. 5 2 N.A. Blue whale ...... 0 0 3 6 <0.1 Fin whale ...... 2 0 46 <0.1 Sei whale ...... 0 0 3 6 <0.1 Bryde’s whale ...... 2 0 20 5 <0.1 Common (dwarf) minke whale ...... 400 4 404 <0.1 Antarctic minke whale ...... 400 4 404 <0.1 Humpback whale ...... 2 0 2035 0 MF Cetaceans: Sperm whale ...... 31 0 31 0.3 Arnoux’s beaked whale ...... 59 0 59 <0.1 Cuvier’s beaked whale ...... 3 0 3 <0.1 Southern bottlenose whale ...... 41 0 41 <0.1 Shepherd’s beaked whale ...... 48 0 48 N.A. Blainville’s beaked whale ...... 0 0 7 6 N.A. Gray’s beaked whale ...... 10 0 10 <0.1 Hector’s beaked whale ...... 1 0 2 6 N.A. Gervais’ beaked whale ...... 7 0 7 N.A. True’s beaked whale ...... 0 0 2 6 N.A. Strap-toothed beaked whale ...... 3 0 3 <0.1 Andrew’s beaked whale ...... 1 0 2 6 N.A. Spade-toothed beaked whale ...... 0 0 2 6 N.A.

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TABLE 9—CALCULATED AND AUTHORIZED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF POPULATION EXPOSED—Continued

Calculated take 1 Authorized take 4 Species Percent of Level B Level A Level B population 5 harassment 2 harassment 3 harassment only

Risso’s dolphin ...... 55 0 78 6 0.3 Rough-toothed dolphin ...... 31 0 55 6 N.A. Common bottlenose dolphin ...... 209 0 209 0.3 Pantropical spotted dolphin ...... 20 0 104 6 0.6 Atlantic spotted dolphin ...... 1108 0 1108 2.5 Spinner dolphin ...... 211 0 315 6 N.A. Clymene dolphin ...... 35 0 122 6 N.A. Striped dolphin ...... 21 0 110 5 <0.1 Short-beaked common dolphin ...... 3714 4 3718 5.3 Fraser’s dolphin ...... 109 0 283 6 N.A. Dusky dolphin ...... 67 0 67 0.9 Southern right whale dolphin ...... 35 0 35 N.A. Killer whale ...... 1 0 8 6 <0.1 Short-finned pilot whale ...... 11 0 41 6 <0.1 Long-finned pilot whale ...... 111 0 111 0.1 False killer whale ...... 5 0 35 6 N.A. Pygmy killer whale ...... 2 0 26 6 N.A. Melon-headed whale ...... 18 0 170 6 N.A. HF Cetaceans: Pygmy sperm whale ...... 17 1 18 N.A. Dwarf sperm whale ...... 12 1 13 N.A. Hourglass dolphin ...... 54 4 58 <0.1 Otariids: Subantarctic fur seal ...... 14 0 14 <0.1 Cape fur seal ...... N.A. N.A. 20 7 N.A. Phocids: Crabeater seal ...... 34 0 34 <0.1 Leopard seal ...... 8 0 8 <0.1 Southern elephant seal ...... 8 0 8 <0.1 Species in italics are listed under the ESA as endangered. N.A. (-) is not available. 1 Take using NMFS daily method for calculating ensonified area: Estimated density multiplied by the daily ensonified area to levels ≥160 dB re 1 μParms on one selected day multiplied by the number of survey days, times 1.25 (see Appendix C); daily ensonified area = full 160-dB area minus ensonified area for the appropriate PTS threshold. 2 Level B harassment takes, based on the 160-dB criterion, excluding exposures to sound levels equivalent to PTS thresholds. 3 Level A harassment takes if there were no mitigation measures. 4 Authorized take by Level B harassment are the Level B harassment calculated takes, unless otherwise indicated. For those species where Level A harassment takes were calculated, those takes were added to the Authorized Level B harassment takes. Level A harassment is unlikely due to size of the calculated PTS isopleths (very small) and the mitigation measures (i.e., shutdown zones). 5 Authorized take (Level B harassment only) increased to maximum group size from Jefferson et al. (2015). 6 Authorized take (Level B harassment only) increased to mean group size from Di Tullio et al. (2016). 7 Authorized take (Level B harassment only) increased to 20 individuals, as no densities available.

It should be noted that the planned away from the sound source is difficult feasibility (economic and technological) take numbers shown in Table 9 are to quantify and is, therefore, not of equipment, methods, and manner of expected to be conservative for several accounted for in the take estimates. conducting such activity or other means reasons. First, in the calculations of of effecting the least practicable adverse Mitigation estimated take, 25 percent has been impact upon the affected species or added in the form of operational survey In order to issue an IHA under stocks and their habitat (50 CFR days to account for the possibility of Section 101(a)(5)(D) of the MMPA, 216.104(a)(11)). additional seismic operations associated NMFS must set forth the permissible In evaluating how mitigation may or with airgun testing and repeat coverage methods of taking pursuant to such may not be appropriate to ensure the of any areas where initial data quality is activity, and other means of effecting least practicable adverse impact on sub-standard, and in recognition of the the least practicable impact on such species or stocks and their habitat, as uncertainties in the density estimates species or stock and its habitat, paying well as subsistence uses where used to estimate take as described particular attention to rookeries, mating applicable, we carefully consider two above. Additionally, marine mammals grounds, and areas of similar primary factors: would be expected to move away from significance, and on the availability of (1) The manner in which, and the a loud sound source that represents an such species or stock for taking for degree to which, the successful aversive stimulus, such as an airgun certain subsistence uses (latter not implementation of the measure(s) is array, potentially reducing the applicable for this action). NMFS expected to reduce impacts to marine likelihood of takes by Level A regulations require applicants for mammals, marine mammal species or harassment. However, the extent to incidental take authorizations to include stocks, and their habitat. This considers which marine mammals would move information about the availability and the nature of the potential adverse

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impact being mitigated (likelihood, after sunset). Observations must also be or around the vessel itself). With certain scope, range). It further considers the made during daytime periods when the exceptions (described below), if a likelihood that the measure will be Thompson is underway without seismic marine mammal appears within, enters, effective if implemented (probability of operations, such as during transits, to or appears on a course to enter this accomplishing the mitigating result if allow for comparison of sighting rates zone, the acoustic source must be shut implemented as planned), the and behavior with and without airgun down (see Shutdown Procedures likelihood of effective implementation operations and between acquisition below). (probability implemented as planned); periods. Airgun operations must be The 100-m radial distance of the and suspended when marine mammals are standard EZ is precautionary in the (2) The practicability of the measures observed within, or about to enter, the sense that it would be expected to for applicant implementation, which designated EZ (as described below). contain sound exceeding injury criteria may consider such things as cost, During seismic operations, three for all marine mammal hearing groups impact on operations, and, in the case visual PSOs must be based aboard the (Table 5) while also providing a of a military readiness activity, Thompson. PSOs must be appointed by consistent, reasonably observable zone personnel safety, practicality of SIO with NMFS approval. One within which PSOs would typically be implementation, and impact on the dedicated PSO must monitor the EZ able to conduct effective observational effectiveness of the military readiness during all daytime seismic operations. effort. In this case, the 100-m radial activity. PSO(s) must be on duty in shifts of distance would also be expected to SIO has reviewed mitigation measures duration no longer than 4 hours. Other contain sound that would exceed the employed during seismic research vessel crew must also be instructed to Level A harassment threshold based on surveys authorized by NMFS under assist in detecting marine mammals and sound exposure level (SELcum) criteria previous incidental harassment in implementing mitigation for all marine mammal hearing groups authorizations, as well as recommended requirements (if practical). Before the (Table 5). In the 2011 Programmatic best practices in Richardson et al. start of the seismic survey, the crew Environmental Impact Statement for (1995), Pierson et al. (1998), Weir and must be given additional instruction in marine scientific research funded by the Dolman (2007), Nowacek et al. (2013), detecting marine mammals and National Science Foundation or the U.S. Wright (2014), and Wright and implementing mitigation requirements. Geological Survey (NSF–USGS 2011), Cosentino (2015), and has incorporated The Thompson is a suitable platform Alternative B (the Preferred Alternative) a suite of required mitigation measures from which PSOs would watch for conservatively applied a 100-m EZ for into their project description based on marine mammals. Standard equipment all low-energy acoustic sources in water the above sources. for marine mammal observers must be 7 depths >100 m, with low-energy To reduce the potential for x 50 reticule binoculars and optical acoustic sources defined as any towed disturbance from acoustic stimuli range finders. At night, night-vision acoustic source with a single or a pair associated with the activities, SIO is equipment must be available. The of clustered airguns with individual required to implement mitigation observers must be in communication volumes of ≤250 in3. Thus the 100-m EZ measures for marine mammals. with ship’s officers on the bridge and planned for this survey is consistent Mitigation measures that must be scientists in the vessel’s operations with the PEIS. adopted during the planned surveys laboratory, so they can advise promptly Our intent in prescribing a standard include (1) Vessel-based visual of the need for avoidance maneuvers or EZ distance is to (1) encompass zones mitigation monitoring; (2) Establishment seismic source shutdown. within which auditory injury could of a marine mammal exclusion zone The PSOs must have no tasks other occur on the basis of instantaneous (EZ) and buffer zone; (3) shutdown than to conduct observational effort, exposure; (2) provide additional procedures; (4) ramp-up procedures; record observational data, and protection from the potential for more and (4) vessel strike avoidance communicate with and instruct relevant severe behavioral reactions (e.g., panic, measures. vessel crew with regard to the presence antipredator response) for marine of marine mammals and mitigation mammals at relatively close range to the Vessel-Based Visual Mitigation requirements. PSO resumes shall be acoustic source; (3) provide consistency Monitoring provided to NMFS for approval. At least for PSOs, who need to monitor and Visual monitoring requires the use of one PSO must have a minimum of 90 implement the EZ; and (4) define a trained observers (herein referred to as days at-sea experience working as PSOs distance within which detection visual PSOs) to scan the ocean surface during a seismic survey. One probabilities are reasonably high for visually for the presence of marine ‘‘experienced’’ visual PSO will be most species under typical conditions. mammals. PSO(s) must be on duty and designated as the lead for the entire PSOs will also establish and monitor conducting visual observations at all protected species observation team. The a 200-m buffer zone. During use of the times during daylight hours (i.e., from lead will serve as primary point of acoustic source, occurrence of marine 30 minutes prior to sunrise through 30 contact for the vessel operator. mammals within the buffer zone (but minutes following sunset). Visual outside the EZ) will be communicated monitoring must begin not less than 30 Exclusion Zone and Buffer Zone to the operator to prepare for potential minutes prior to ramp-up, including for An EZ is a defined area within which shutdown of the acoustic source. The nighttime ramp-ups of the airgun array, occurrence of a marine mammal triggers buffer zone is discussed further under and must continue until one hour after mitigation action intended to reduce the Ramp Up Procedures below. use of the acoustic source ceases or until potential for certain outcomes, e.g., An extended EZ of 500 m must be 30 minutes past sunset. Following a auditory injury, disruption of critical enforced for all beaked whales, Kogia shutdown for any reason, observations behaviors. The PSOs must establish a species, and Southern right whales. SIO must occur for at least 30 minutes prior minimum EZ with a 100 m radius for must also enforce a 500-m EZ for to the planned start of airgun the airgun array. The 100-m EZ must be aggregations of six or more large whales operations. Observations must also based on radial distance from any (i.e., sperm whale or any baleen whale) occur for 60 minutes after airgun element of the airgun array (rather than that does not appear to be traveling (e.g., operations cease for any reason (except being based on the center of the array feeding, socializing, etc.) or a large

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whale with a calf (calf defined as an practicability concerns without likely source if the signal is sufficiently animal less than two-thirds the body commensurate benefits for the animals aversive prior to its reaching full size of an adult observed to be in close in question. Small delphinoids are intensity. Ramp-up is required after the association with an adult). generally the most commonly observed array is shut down for any reason for marine mammals in the specific longer than 15 minutes. Ramp-up would Shutdown Procedures geographic region and would typically begin with the activation of one 45 in3 If a marine mammal is detected be the only marine mammals likely to airgun, with the second 45 in3 airgun outside the EZ but is likely to enter the intentionally approach the vessel. As activated after 5 minutes. EZ, the airguns must be shut down described above, auditory injury is Two PSOs are required to monitor before the animal is within the EZ. extremely unlikely to occur for mid- during ramp-up. During ramp up, the Likewise, if a marine mammal is already frequency cetaceans (e.g., delphinids), PSOs must monitor the EZ, and if within the EZ when first detected, the as this group is relatively insensitive to marine mammals were observed within airguns must be shut down sound produced at the predominant the EZ or buffer zone, a shutdown must immediately. frequencies in an airgun pulse while be implemented as though the full array Following a shutdown, airgun activity also having a relatively high threshold were operational. If airguns have been must not resume until the marine for the onset of auditory injury (i.e., shut down due to PSO detection of a mammal has cleared the 100-m EZ. The permanent threshold shift). marine mammal within or approaching animal must be considered to have A large body of anecdotal evidence the 100 m EZ, ramp-up must not be cleared the 100-m EZ if the following indicates that small delphinoids initiated until all marine mammals have conditions have been met: commonly approach vessels and/or cleared the EZ, during the day or night. • It is visually observed to have towed arrays during active sound Criteria for clearing the EZ would be as departed the 100-m EZ; production for purposes of bow riding, described above. • it has not been seen within the 100- with no apparent effect observed in Thirty minutes of pre-clearance m EZ for 15 min in the case of small those delphinoids (e.g., Barkaszi et al., observation are required prior to ramp- odontocetes and pinnipeds; or up for any shutdown of longer than 30 • 2012). The potential for increased it has not been seen within the 100- shutdowns resulting from such a minutes (i.e., if the array were shut m EZ for 30 min in the case of measure would require the Thompson down during transit from one line to mysticetes and large odontocetes to revisit the missed track line to another). This 30-minute pre-clearance (including sperm whales), and also reacquire data, resulting in an overall period may occur during any vessel pygmy sperm whales, dwarf sperm increase in the total sound energy input activity (i.e., transit). If a marine whales, pilot whales, beaked whales, to the marine environment and an mammal were observed within or and Risso’s dolphins. increase in the total duration over approaching the 100 m EZ during this This shutdown requirement must be which the survey is active in a given pre-clearance period, ramp-up must not in place for all marine mammals, with area. Although other mid-frequency be initiated until all marine mammals the exception of small delphinoids hearing specialists (e.g., large cleared the EZ. Criteria for clearing the under certain circumstances. As defined delphinoids) are no more likely to incur EZ would be as described above. If the here, the small delphinoid group is auditory injury than are small airgun array has been shut down for intended to encompass those members delphinoids, they are much less likely reasons other than mitigation (e.g., of the Family Delphinidae most likely to to approach vessels. Therefore, retaining mechanical difficulty) for a period of voluntarily approach the source vessel a power-down/shutdown requirement less than 30 minutes, it may be activated for purposes of interacting with the for large delphinoids would not have again without ramp-up if PSOs have vessel and/or airgun array (e.g., bow similar impacts in terms of either maintained constant visual observation riding). This exception to the shutdown practicability for the applicant or and no detections of any marine requirement would apply solely to corollary increase in sound energy mammal have occurred within the EZ or specific genera of small dolphins— output and time on the water. We do buffer zone. Ramp-up must be planned Delphinus, Lagenodelphis, anticipate some benefit for a shutdown to occur during periods of good Lagenorhynchus, Lissodelphis, Stenella, requirement for large delphinoids in visibility when possible. However, Steno, and Tursiops—and would only that it simplifies somewhat the total ramp-up is allowed at night and during apply if the animals were traveling, range of decision-making for PSOs and poor visibility if the 100 m EZ and 200 including approaching the vessel. If, for may preclude any potential for m buffer zone have been monitored by example, an animal or group of animals physiological effects other than to the visual PSOs for 30 minutes prior to is stationary for some reason (e.g., auditory system as well as some more ramp-up. feeding) and the source vessel severe behavioral reactions for any such The operator is required to notify a approaches the animals, the shutdown animals in close proximity to the source designated PSO of the planned start of requirement applies. An animal with vessel. ramp-up as agreed-upon with the lead sufficient incentive to remain in an area Shutdown of the acoustic source is PSO; the notification time should not be rather than avoid an otherwise aversive also required upon observation of a less than 60 minutes prior to the stimulus could either incur auditory species for which authorization has not planned ramp-up. A designated PSO injury or disruption of important been granted, or a species for which must be notified again immediately behavior. If there is uncertainty authorization has been granted but the prior to initiating ramp-up procedures regarding identification (i.e., whether authorized number of takes are met, and the operator must receive the observed animal(s) belongs to the observed approaching or within the confirmation from the PSO to proceed. group described above) or whether the Level A or Level B harassment zones. The operator must provide information animals are traveling, the shutdown to PSOs documenting that appropriate must be implemented. Ramp-up Procedures procedures were followed. Following We include this small delphinoid Ramp-up of an acoustic source is deactivation of the array for reasons exception because shutdown intended to provide a gradual increase other than mitigation, the operator is requirements for small delphinoids in sound levels following a shutdown, required to communicate the near-term under all circumstances represent enabling animals to move away from the operational plan to the lead PSO with

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justification for any planned nighttime habitat, paying particular attention to of the EZ to inform potential shutdowns ramp-up. rookeries, mating grounds, and areas of of the airgun array, are described above similar significance. and are not repeated here. SIO’s Vessel Strike Avoidance Measures monitoring and reporting plan includes Monitoring and Reporting Vessel strike avoidance measures are the following measures: intended to minimize the potential for In order to issue an IHA for an collisions with marine mammals. These activity, Section 101(a)(5)(D) of the Vessel-Based Visual Monitoring requirements do not apply in any case MMPA states that NMFS must set forth As described above, PSO observations where compliance would create an requirements pertaining to the must take place during daytime airgun imminent and serious threat to a person monitoring and reporting of such taking. operations and nighttime start-ups (if or vessel or to the extent that a vessel The MMPA implementing regulations at applicable) of the airguns. During is restricted in its ability to maneuver 50 CFR 216.104(a)(13) indicate that seismic operations, three visual PSOs and, because of the restriction, cannot requests for authorizations must include must be based aboard the Thompson. comply. the suggested means of accomplishing PSOs must be appointed by SIO with The required measures include the the necessary monitoring and reporting NMFS approval. The PSOs must have following: Vessel operator and crew that will result in increased knowledge successfully completed relevant must maintain a vigilant watch for all of the species and of the level of taking training, including completion of all marine mammals and slow down or or impacts on populations of marine required coursework and passing a stop the vessel or alter course to avoid mammals that are expected to be written and/or oral examination striking any marine mammal. A visual present in the planned action area. developed for the training program, and observer aboard the vessel must monitor Effective reporting is critical both to must have successfully attained a a vessel strike avoidance zone around compliance as well as ensuring that the bachelor’s degree from an accredited the vessel according to the parameters most value is obtained from the required college or university with a major in one stated below. Visual observers monitoring. of the natural sciences and a minimum monitoring the vessel strike avoidance Monitoring and reporting of 30 semester hours or equivalent in zone may be either third-party observers requirements prescribed by NMFS the biological sciences and at least one or crew members, but crew members should contribute to improved undergraduate course in math or responsible for these duties must be understanding of one or more of the statistics. The educational requirements provided sufficient training to following: may be waived if the PSO has acquired distinguish marine mammals from other • Occurrence of marine mammal the relevant skills through alternate phenomena. Vessel strike avoidance species or stocks in the area in which training, including (1) secondary measures must be followed during take is anticipated (e.g., presence, education and/or experience surveys and while in transit. abundance, distribution, density); comparable to PSO duties; (2) previous The vessel must maintain a minimum • Nature, scope, or context of likely work experience conducting academic, separation distance of 100 m from large marine mammal exposure to potential commercial, or government-sponsored whales (i.e., baleen whales and sperm stressors/impacts (individual or marine mammal surveys; or (3) previous whales). If a large whale is within 100 cumulative, acute or chronic), through work experience as a PSO; the PSO m of the vessel, the vessel must reduce better understanding of: (1) Action or should demonstrate good standing and speed and shift the engine to neutral, environment (e.g., source consistently good performance of PSO and must not engage the engines until characterization, propagation, ambient duties. the whale has moved outside of the noise); (2) affected species (e.g., life During the majority of seismic vessel’s path and the minimum history, dive patterns); (3) co-occurrence operations, one PSO is required to separation distance has been of marine mammal species with the monitor for marine mammals around established. If the vessel is stationary, action; or (4) biological or behavioral the seismic vessel. PSOs must be on the vessel must not engage engines until context of exposure (e.g., age, calving or duty in shifts of duration no longer than the whale(s) has moved out of the feeding areas); 4 hours. Other crew must also be vessel’s path and beyond 100 m. The • Individual marine mammal instructed to assist in detecting marine vessel must maintain a minimum responses (behavioral or physiological) mammals and in implementing separation distance of 50 m from all to acoustic stressors (acute, chronic, or mitigation requirements (if practical). other marine mammals (with the cumulative), other stressors, or During daytime, PSOs must scan the exception of delphinids of the genera cumulative impacts from multiple area around the vessel systematically Delphinus, Lagenodelphis, stressors; with reticle binoculars (e.g., 7 × 50 Lagenorhynchus, Lissodelphis, Stenella, • How anticipated responses to Fujinon) and with the naked eye. At Steno, and Tursiops that approach the stressors impact either: (1) long-term night, PSOs must be equipped with vessel, as described above). If an animal fitness and survival of individual night-vision equipment. is encountered during transit, the vessel marine mammals; or (2) populations, PSOs must record data to estimate the must attempt to remain parallel to the species, or stocks; numbers of marine mammals exposed to animal’s course, avoiding excessive • Effects on marine mammal habitat various received sound levels and to speed or abrupt changes in course. (e.g., marine mammal prey species, document apparent disturbance Vessel speeds must be reduced to 10 kn acoustic habitat, or other important reactions or lack thereof. Data must be or less when mother/calf pairs, pods, or physical components of marine used to estimate numbers of animals large assemblages of cetaceans are mammal habitat); and potentially ‘taken’ by harassment (as observed near the vessel. • Mitigation and monitoring defined in the MMPA). They must also Based on our evaluation of the effectiveness. provide information needed to order a applicant’s required measures, NMFS SIO described marine mammal shutdown of the airguns when a marine has determined that the planned monitoring and reporting plan within mammal is within or near the EZ. When mitigation measures provide the means their IHA application. Monitoring that is a sighting is made, the following effecting the least practicable impact on designed specifically to facilitate information about the sighting must be the affected species or stocks and their mitigation measures, such as monitoring recorded:

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(1) Species, group size, age/size/sex marine mammal sightings (dates, times, number, intensity, and context of categories (if determinable), behavior locations, activities, associated seismic estimated takes by evaluating this when first sighted and after initial survey activities). The report must also information relative to population sighting, heading (if consistent), bearing include estimates of the number and status. Consistent with the 1989 and distance from seismic vessel, nature of exposures that occurred above preamble for NMFS’s implementing sighting cue, apparent reaction to the the harassment threshold based on PSO regulations (54 FR 40338; September 29, airguns or vessel (e.g., none, avoidance, observations, including an estimate of 1989), the impacts from other past and approach, paralleling, etc.), and those that were not detected in ongoing anthropogenic activities are behavioral pace; and consideration of both the characteristics incorporated into this analysis via their (2) Time, location, heading, speed, and behaviors of the species of marine impacts on the environmental baseline activity of the vessel, sea state, mammals that affect detectability, as (e.g., as reflected in the regulatory status visibility, and sun glare. well as the environmental factors that of the species, population size and All observations and shutdowns must affect detectability. growth rate where known, ongoing be recorded in a standardized format. The draft report shall also include sources of human-caused mortality, or Data must be entered into an electronic geo-referenced time-stamped vessel ambient noise levels). database. The accuracy of the data entry tracklines for all time periods during To avoid repetition, our analysis must be verified by computerized data which airguns were operating. applies to all the species listed in Table validity checks as the data are entered Tracklines should include points 1, given that NMFS expects the and by subsequent manual checking of recording any change in airgun status anticipated effects of the planned the database. These procedures allow (e.g., when the airguns began operating, seismic survey to be similar in nature. initial summaries of data to be prepared when they were turned off, or when Where there are meaningful differences during and shortly after the field they changed from full array to single between species or stocks, or groups of program and facilitate transfer of the gun or vice versa). GIS files shall be species, in anticipated individual data to statistical, graphical, and other provided in ESRI shapefile format and responses to activities, impact of programs for further processing and include the UTC date and time, latitude expected take on the population due to archiving. The time, location, heading, in decimal degrees, and longitude in differences in population status, or speed, activity of the vessel, sea state, decimal degrees. All coordinates shall impacts on habitat, NMFS has identified visibility, and sun glare must also be be referenced to the WGS84 geographic species-specific factors to inform the recorded at the start and end of each coordinate system. In addition to the analysis. observation watch, and during a watch report, all raw observational data shall NMFS does not anticipate that serious whenever there is a change in one or be made available to NMFS. The draft injury or mortality would occur as a more of the variables. report must be accompanied by a result of SIO’s planned seismic survey, Results from the vessel-based certification from the lead PSO as to the even in the absence of planned observations must provide: accuracy of the report, and the lead PSO mitigation. Thus the authorization does (1) The basis for real-time mitigation may submit directly NMFS a statement not authorize any mortality. As (e.g., airgun shutdown); concerning implementation and discussed in the Potential Effects (2) Information needed to estimate the effectiveness of the required mitigation section, neither stranding nor vessel number of marine mammals potentially and monitoring. A final report must be strike are expected to occur. taken by harassment, which must be submitted within 30 days following No takes by Level A harassment are reported to NMFS; resolution of any comments on the draft authorized. The 100-m exclusion zone (3) Data on the occurrence, report. encompasses the Level A harassment distribution, and activities of marine isopleths for all marine mammal hearing Negligible Impact Analysis and mammals in the area where the seismic groups, and is expected to prevent Determination study is conducted; animals from being exposed to sound (4) Information to compare the NMFS has defined negligible impact levels that would cause PTS. Also, as distance and distribution of marine as an impact resulting from the described above, we expect that marine mammals relative to the source vessel at specified activity that cannot be mammals would be likely to move away times with and without seismic activity; reasonably expected to, and is not from a sound source that represents an and reasonably likely to, adversely affect the aversive stimulus, especially at levels (5) Data on the behavior and species or stock through effects on that would be expected to result in PTS, movement patterns of marine mammals annual rates of recruitment or survival given sufficient notice of the seen at times with and without seismic (50 CFR 216.103). A negligible impact Thompson’s approach due to the activity. finding is based on the lack of likely vessel’s relatively low speed when adverse effects on annual rates of conducting seismic surveys. We expect Reporting recruitment or survival (i.e., population- that any instances of take would be in A draft report must be submitted to level effects). An estimate of the number the form of short-term Level B NMFS within 90 days after the end of of takes alone is not enough information behavioral harassment in the form of the survey. The report must describe the on which to base an impact temporary avoidance of the area or operations that were conducted and determination. In addition to short-term decreased foraging (if such sightings of marine mammals near the considering estimates of the number of activity were occurring), reactions that operations. The report must provide full marine mammals that might be ‘‘taken’’ are considered to be of low severity and documentation of methods, results, and through harassment, NMFS considers with no lasting biological consequences interpretation pertaining to all other factors, such as the likely nature (e.g., Southall et al., 2007). monitoring and must summarize the of any responses (e.g., intensity, Potential impacts to marine mammal dates and locations of seismic duration), the context of any responses habitat were discussed previously in operations, including percentage of time (e.g., critical reproductive time or this document (see Potential Effects of and total time the array is active during location, migration), as well as effects the Specified Activity on Marine daylight versus nighttime hours on habitat, and the likely effectiveness Mammals and their Habitat). Marine (including dawn and dusk), and all of the mitigation. We also assess the mammal habitat may be impacted by

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elevated sound levels, but these impacts whales. We are proposing to authorize • The planned mitigation measures, would be temporary. Prey species are very small numbers of takes for these including visual and acoustic mobile and are broadly distributed species (Table 9), relative to their monitoring and shutdowns, are throughout the project area; therefore, population sizes (again, for species expected to minimize potential impacts marine mammals that may be where population abundance estimates to marine mammals. temporarily displaced during survey exist), therefore we do not expect Based on the analysis contained activities are expected to be able to population-level impacts to any of these herein of the likely effects of the resume foraging once they have moved species. There is no known biological specified activity on marine mammals away from areas with disturbing levels important areas for any of the species and their habitat, and taking into of underwater noise. listed in Table 9. The other marine consideration the implementation of the Because of the temporary nature of mammal species that may be taken by required monitoring and mitigation the disturbance, the availability of harassment during SIO’s seismic survey measures, NMFS finds that the total similar habitat and resources in the are not listed as threatened or marine mammal take from the planned surrounding area, and the lack of endangered under the ESA. There is no activity will have a negligible impact on important or unique marine mammal designated critical habitat for any ESA- all affected marine mammal species or habitat, the impacts to marine mammals listed marine mammals within the stocks. and the food sources that they utilize project area; of the non-listed marine Small Numbers are not expected to cause significant or mammals for which we propose to long-term consequences for individual authorize take, none are considered As noted above, only small numbers marine mammals or their populations. ‘‘depleted’’ or ‘‘strategic’’ by NMFS of incidental take may be authorized In addition, there are no feeding, mating under the MMPA. under Sections 101(a)(5)(A) and (D) of or calving areas known to be NMFS concludes that exposures to the MMPA for specified activities other biologically important to marine marine mammal species due to SIO’s than military readiness activities. The mammals within the planned project planned seismic survey would result in MMPA does not define small numbers area. only short-term (temporary and short in and so, in practice, where estimated As described above, marine mammals duration) effects of Level B harassment numbers are available, NMFS compares in the survey area are not assigned to to individuals exposed. Marine the number of individuals taken to the NMFS stocks. The activity is expected mammals may temporarily avoid the most appropriate estimation of to impact a very small percentage of all immediate area, but are not expected to abundance of the relevant species or marine mammal populations, most permanently abandon the area. Major stock in our determination of whether cases 0.1 percent or less that would be shifts in habitat use, distribution, or an authorization is limited to small affected by SIO’s planned survey (less foraging success are not expected. numbers of marine mammals. than 5.3 percent each for all marine NMFS does not anticipate the Additionally, other qualitative factors mammal populations where abundance authorized take estimates to impact may be considered in the analysis, such estimates exist). Additionally, the annual rates of recruitment or survival. as the temporal or spatial scale of the acoustic ‘‘footprint’’ of the planned In summary and as described above, activities. survey would be very small relative to the following factors primarily support The numbers of marine mammals that the ranges of all marine mammals that our determination that the impacts we authorize to be taken would be would potentially be affected. Sound resulting from this activity are not considered small relative to the relevant levels would increase in the marine expected to adversely affect the species populations (less than 5.3 percent for all environment in a relatively small area or stock through effects on annual rates species) for the species for which surrounding the vessel compared to the of recruitment or survival: abundance estimates are available. No range of the marine mammals within the • No mortality is anticipated or known current worldwide or regional planned survey area. The seismic array authorized; population estimates are available for 16 would be active 24 hours per day • No take by Level A harassment is species under NMFS jurisdiction that throughout the duration of the planned anticipated or authorized; could be incidentally taken as a result survey. However, the very brief overall • The anticipated impacts of the of the planned survey: the pygmy right duration of the planned survey (14 days) planned activity on marine mammals whale, pygmy sperm whale, dwarf would further limit potential impacts would primarily be temporary sperm whale, Shepherd’s beaked whale, that may occur as a result of the planned behavioral changes due to avoidance of Blainville’s beaked whale, Hector’s activity. the area around the survey vessel. The beaked whale, Gervais’ beaked whale, The required mitigation measures are relatively short duration of the planned True’s beaked whale, Andrew’s beaked expected to reduce the number and/or survey (14 days) would further limit the whale, spade-toothed beaked whale, severity of takes by allowing for potential impacts of any temporary rough-toothed dolphin, spinner detection of marine mammals in the behavioral changes that would occur; dolphin, Clymene dolphin, Fraser’s vicinity of the vessel by visual and • The availability of alternate areas of dolphin, southern right whale dolphin, acoustic observers, and by minimizing similar habitat value for marine false killer whale, pygmy killer whale, the severity of any potential exposures mammals to temporarily vacate the and Melon-headed whale and Cape fur via shutdowns of the airgun array. The survey area during the planned survey seal. required mitigation (in combination to avoid exposure to sounds from the NMFS has reviewed the geographic with the small Level A harassment activity; distributions and habitat preferences of zones) will be effective in preventing • The planned project area does not these species in determining whether PTS in all species and none is contain areas of significance for feeding, the numbers of takes authorized herein authorized. mating or calving; are likely to represent small numbers. Of the marine mammal species under • The potential adverse effects on fish Pygmy right whales have a circumglobal our jurisdiction that are likely to occur or invertebrate species that serve as prey distribution and occur throughout in the project area, the following species species for marine mammals from the coastal and oceanic waters in the are listed as endangered under the ESA: planned survey would be temporary and Southern Hemisphere (between 30 to Fin, sei, blue, sperm, and southern right spatially limited; and 55° S) (Jefferson et al. 2015; Kemper

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2018). Pygmy and dwarf sperm whales subtropical waters of the Atlantic Ocean Unmitigable Adverse Impact Analysis occur in deep waters on the outer (Jefferson et al., 2015). Clymeme and Determination continental shelf and slope in tropical to dolphins inhabits areas where water There are no relevant subsistence uses temperate waters of the Atlantic, Indian, depths are 700–4,500 m or deeper (Fertl of the affected marine mammal stocks or and Pacific Oceans, but their precise et al., 2003). Fraser’s dolphins are species implicated by this action. distributions are unknown because distributed in tropical oceanic waters Therefore, NMFS has determined that much of what we know of the species worldwide, between 30° N and 30° S the total taking of affected species or comes from strandings (McAlpine, and generally inhabits deeper, offshore stocks would not have an unmitigable 2018). Based on stranding records and water (Moreno et al., 2003, Dolar 2018). adverse impact on the availability of the known habitat preferences of beaked The southern right whale dolphin is such species or stocks for taking for whales in general, Shepherd’s beaked distributed between the Subtropical and subsistence purposes. whales are assumed to have a Antarctic convergences in the Southern National Environmental Policy Act circumpolar distribution in deep, cold Hemisphere, generally between ∼30° S temperate waters of the Southern Ocean and 65° S (Jefferson et al., 2015; Lipsky To comply with the National (Pitman et al., 2006; Mead 2018). and Brownell, 2018). The false killer Environmental Policy Act of 1969 Blainville’s beaked whale is the most whale is found worldwide in tropical (NEPA; 42 U.S.C. 4321 et seq.) and widely distributed beaked Mesoplodon and temperate waters, generally NOAA Administrative Order (NAO) species with sightings and stranding between 50 ° N and 50° S (Odell and 216–6A, NMFS must review our action records throughout the North and South McClune, 1999). It is widely distributed, (i.e., the issuance of an incidental Atlantic Ocean (MacLeod et al., 2006; but not abundant anywhere harassment authorization) with respect Pitman, 2018). Hector’s beaked whales (Carwardine, 1995). The false killer to potential impacts on the human are found in cold temperate waters whale generally inhabits deep, offshore environment. throughout the southern hemisphere waters, but sometimes is found over the This action is consistent with between 35° S and 55° S (Zerbini and continental shelf and occasionally categories of activities identified in Secchi, 2001; Pitman, 2018). True’s moves into very shallow water (Jefferson Categorical Exclusion B4 (incidental beaked whale has a disjunct, harassment authorizations with no et al., 2015; Baird, 2018b). The pygmy antitropical distribution (Jefferson et al., anticipated serious injury or mortality) killer whale has a worldwide 2015). In the Southern Hemisphere, it is of the Companion Manual for NOAA distribution in tropical and subtropical known to occur in South Africa, South Administrative Order 216–6A, which do waters, generally not ranging south of America, and Australia (Findlay et al. ° not individually or cumulatively have 1992; Souza et al., 2005; MacLeod and 35 S (Jefferson et al. 2015). The melon- the potential for significant impacts on Mitchell 2006; MacLeod et al., 2006; headed whale is an oceanic species the quality of the human environment Best et al., 2009). Andrew’s beaked found worldwide in tropical and ∼ ° ° and for which we have not identified whales have a circumpolar distribution subtropical waters from 40 N to 35 S any extraordinary circumstances that north of the Antarctic Convergence to (Jefferson et al., 2015). The Cape fur seal would preclude this categorical 32° S (MacLeod et al., 2006; Pitman, currently breeds at 40 colonies along the exclusion. Accordingly, NMFS has 2018). Andrew’s beaked whale is known coast of South Africa, Namibia, and determined that the issuance of the IHA only from stranding records between 32° Angola, including on the mainland and qualifies to be categorically excluded S and 55° S, with more than half of the nearshore islands (Kirkman et al., 2013). from further NEPA review. strandings occurring in New Zealand There have been several new breeding (Jefferson et al., 2015). Gervais’ beaked colonies established in recent years, as Endangered Species Act (ESA) whale is generally considered to be a the population has shifted northward Section 7(a)(2) of the Endangered North Atlantic species, it likely occurs (Kirkman et al., 2013). More than half of Species Act of 1973 (ESA: 16 U.S.C. in deep waters of the temperate and the seal population occurs in Namibia 1531 et seq.) requires that each Federal tropical Atlantic Ocean in both the (Wickens et al., 1991). High densities agency insure that any action it northern and southern hemispheres have been observed between 30 and 60 authorizes, funds, or carries out is not (Jefferson et al., 2015). The nm from shore, with densities dropping likely to jeopardize the continued southernmost stranding record was farther offshore (Thomas and Schu¨ lein, existence of any endangered or reported for Sa˜o Paulo, Brazil, possibly 1988). threatened species or result in the expanding the known distributional Based on the broad spatial destruction or adverse modification of range of this species southward (Santos distributions and habitat preferences of designated critical habitat. To ensure et al., 2003), but the distribution range these species relative to the areas where ESA compliance for the issuance of of Gervais’ beaked whale is not SIO’s planned survey will occur, NMFS IHAs, NMFS consults internally, in this generally known to extend as far south concludes that the authorized take of case with the ESA Interagency Cooperation Division, whenever we as the planned project area. The spade- these species likely represent small toothed beaked whale is considered propose to authorize take for numbers relative to the affected species’ relatively rare and is known from only endangered or threatened species. overall population sizes, though we are four records, three from New Zealand The NMFS Office of Protected unable to quantify the take numbers as and one from Chile (Thompson et al., Resources Interagency Cooperation a percentage of population. 2012). The rough-toothed dolphin is Division issued a Biological Opinion on distributed worldwide in tropical and Based on the analysis contained October 29, 2019, under section 7 of the subtropical waters (Jefferson et al., herein of the planned activity (including ESA, on the issuance of an IHA to SIO 2015). Rough-toothed dolphins are the required mitigation and monitoring under section 101(a)(5)(D) of the MMPA generally seen in deep, oceanic water, measures) and the anticipated take of by the NMFS Permits and Conservation although it is known to occur in coastal marine mammals, NMFS finds that Division. The Biological Opinion waters of Brazil (Jefferson et al., 2015; small numbers of marine mammals will concluded that the proposed action is Cardoso et al., 2019). The Clymene be taken relative to the population size not likely to jeopardize the continued dolphin only occurs in tropical and of the affected species or stocks. existence of fin whale, sei whale, blue

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whale, sperm whale, and southern right 1976 (5 U.S.C. 552b, as amended), and DEPARTMENT OF ENERGY whale, and is not likely to destroy or 41 CFR 102–3.140 and 102–3.150. Federal Energy Regulatory modify critical habitat of listed species Purpose of the Meeting: The purpose Commission because no critical habitat exists for of the meeting is for the DACOWITS to these species in the action area. receive written information and [Docket No. ER20–242–000] Authorization briefings on topics related to the Supplemental Notice That Initial recruitment, retention, employment, As a result of these determinations, Market-Based Rate Filing Includes integration, well-being, and treatment of NMFS has issued an IHA to SIO for Request for Blanket Section 204 conducting a marine geophysical survey women in the Armed Forces of the Authorization: Sunshine Valley Solar, in the South Atlantic Ocean in United States. LLC November and December 2019, Agenda: Wednesday, December 4, provided the previously mentioned 2019, from 8:00 a.m. to 12:30 p.m.— This is a supplemental notice in the mitigation, monitoring, and reporting Welcome, Introductions, and above-referenced proceeding of Sunshine Valley Solar, LLC’s requirements are incorporated. Announcements; Request for application for market-based rate Information Status Update; Briefings Dated: November 1, 2019. authority, with an accompanying rate Donna S. Wieting, and DACOWITS discussion; and a tariff, noting that such application Director, Office of Protected Resources, Public Comment Period. Thursday, includes a request for blanket National Marine Fisheries Service. December 5, 2019, from 8:00 a.m. to authorization, under 18 CFR part 34, of [FR Doc. 2019–24265 Filed 11–6–19; 8:45 am] 11:30 a.m.—Welcome, Introductions, future issuances of securities and BILLING CODE 3510–22–P and Announcements; Briefings and assumptions of liability. DACOWITS discussion. Any person desiring to intervene or to Meeting Accessibility: Pursuant to 5 protest should file with the Federal U.S.C. 552b, as amended, and 41 CFR Energy Regulatory Commission, 888 DEPARTMENT OF DEFENSE 102–3.140 through 102–3.165, this First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 Office of the Secretary meeting is open to the public, subject to the availability of space. of the Commission’s Rules of Practice Defense Advisory Committee on and Procedure (18 CFR 385.211 and Written Statements: Pursuant to 41 385.214). Anyone filing a motion to Women in the Services; Notice of CFR 102–3.140, and section 10(a)(3) of Federal Advisory Committee Meeting intervene or protest must serve a copy the FACA, interested persons may of that document on the Applicant. AGENCY: Under Secretary of Defense for submit a written statement to the Notice is hereby given that the Personnel and Readiness, Department of DACOWITS. Individuals submitting a deadline for filing protests with regard Defense (DoD). written statement must submit their to the applicant’s request for blanket ACTION: Notice of Federal Advisory statement no later than 5:00 p.m., authorization, under 18 CFR part 34, of Committee meeting. Tuesday, November 26, 2019 to Mr. future issuances of securities and Robert Bowling (703) 697–2122 (Voice), assumptions of liability, is November SUMMARY: The DoD is publishing this 703–614–6233 (Facsimile), 21, 2019. notice to announce that the following osd.pentagon.ousd-p-r.mbx.dacowits@ The Commission encourages Federal Advisory Committee meeting of mail.mil (Email). Mailing address is electronic submission of protests and the Defense Advisory Committee on 4800 Mark Center Drive, Suite 04J25–01, interventions in lieu of paper, using the Women in the Services will take place. Alexandria, VA 22350. If members of FERC Online links at http:// DATES: Day 1—Open to the public the public are interested in making an www.ferc.gov. To facilitate electronic Wednesday, December 4, 2019 from oral statement, a written statement must service, persons with internet access who will eFile a document and/or be 8:00 a.m. to 12:30 p.m. Day 2—Open to be submitted. If a statement is not listed as a contact for an intervenor the public Thursday, December 5, 2019 received by Tuesday, November 26, must create and validate an from 8:00 a.m. to 11:30 a.m. 2019, prior to the meeting, which is the eRegistration account using the ADDRESSES: The address of the open subject of this notice, then it may not be meeting is the Key Bridge Marriott, eRegistration link. Select the eFiling provided to or considered by the link to log on and submit the located at 1401 Lee Highway, Arlington, Committee during this quarterly VA 22209. intervention or protests. business meeting. After reviewing the Persons unable to file electronically FOR FURTHER INFORMATION CONTACT: written statements, the Chair and the should submit an original and 5 copies Colonel Toya J. Davis, U.S. Army, (703) Designated Federal Officer (DFO) will of the intervention or protest to the 697–2122 (Voice), 703–614–6233 determine if the requesting persons are Federal Energy Regulatory Commission, (Facsimile), [email protected] permitted to make an oral presentation. 888 First Street NE, Washington, DC (Email). Mailing address is 4800 Mark The DFO will review all timely 20426. Center Drive, Suite 04J25–01, submissions with the DACOWITS Chair The filings in the above-referenced Alexandria, VA 22350. Website: http:// and ensure they are provided to the proceeding are accessible in the dacowits.defense.gov. The most up-to- members of the Committee. Commission’s eLibrary system by date changes to the meeting agenda can clicking on the appropriate link in the be found on the website. Dated: November 1, 2019. above list. They are also available for SUPPLEMENTARY INFORMATION: This Aaron T. Siegel, electronic review in the Commission’s meeting is being held under the Alternate OSD Federal Register Liaison Public Reference Room in Washington, provisions of the Federal Advisory Officer, Department of Defense. DC. There is an eSubscription link on Committee Act (FACA) of 1972 (5 [FR Doc. 2019–24264 Filed 11–6–19; 8:45 am] the website that enables subscribers to U.S.C., Appendix, as amended), the BILLING CODE 5001–06–P receive email notification when a Government in the Sunshine Act of document is added to a subscribed

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