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Department of Commerce National Oceanic and Atmospheric Administration Friday, August 14, 2009 Part III Department of Commerce National Oceanic and Atmospheric Administration Incidental Takes of Marine Mammals During Specified Activities; Marine Geophysical Survey in Southeast Asia, March–July 2009; Notice VerDate Nov<24>2008 17:44 Aug 13, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14AUN2.SGM 14AUN2 mstockstill on DSKH9S0YB1PROD with NOTICES2 41260 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices DEPARTMENT OF COMMERCE geographical region if certain findings Japan, and the Philippines, and on the are made and either regulations are high seas, and is scheduled to occur National Oceanic and Atmospheric issued or, if the taking is limited to from March 31 to July 20, 2009. Some Administration harassment, a notice of a proposed minor deviation from these dates is RIN 0648–XL89 authorization is provided to the public possible, depending on logistics and for review. weather. Incidental Takes of Marine Mammals Authorization for incidental taking Taiwan is one of only a few sites of During Specified Activities; Marine shall be granted if NMFS finds that the arc-continent collision worldwide; and Geophysical Survey in Southeast Asia, taking will have a negligible impact on one of the primary tectonic March–July 2009 the species or stock(s), will not have an environments for large scale mountain unmitigable adverse impact on the building. The primary purpose of the AGENCY: National Marine Fisheries availability of the species or stock(s) for TAIGER project is to investigate the Service (NMFS), National Oceanic and subsistence uses (where relevant), and if processes of mountain building, a Atmospheric Administration (NOAA), the permissible methods of taking and fundamental set of processes which Commerce. requirements pertaining to the plays a major role in shaping the face of ACTION: Notice; issuance and mitigation, monitoring and reporting of the Earth. The vicinity of Taiwan is modification of an incidental take such takings are set forth. NMFS has particularly well-suited for this type of authorization. defined ‘‘negligible impact’’ in 50 CFR study, because the collision can be 216.103 as ‘‘ * * * an impact resulting observed at different stages of its SUMMARY: In accordance with the from the specified activity that cannot evolution, from incipient, to mature, Marine Mammal Protection Act be reasonably expected to, and is not and finally to post-collision. (MMPA) regulations, notification is reasonably likely to, adversely affect the As a result of its location in an hereby given that NMFS issued and species or stock through effects on ongoing tectonic collision zone, Taiwan modified an Incidental Harassment annual rates of recruitment or survival.’’ experiences a great number of Authorization (IHA) to Lamont-Doherty Section 101(a)(5)(D) of the MMPA earthquakes, most are small, but many Earth Observatory (L–DEO), a part of established an expedited process by are large and destructive. This project Columbia University, for the take small which citizens of the U.S. can apply for will provide a great deal of information numbers of marine mammals, by an authorization to incidentally take about the nature of the earthquakes harassment, incidental to conducting a small numbers of marine mammals by around Taiwan and will lead to a better marine seismic survey in Southeast (SE) harassment. Except with respect to assessment of the earthquake hazards in Asia during March–July 2009. certain activities not pertinent here, the the area. The information obtained from DATES: Effective March 31, 2009, MMPA defines ‘‘harassment’’ as: this study will help the people and the through August 20, 2009. earthquake hazards in the area. The any act of pursuit, torment, or annoyance information obtained from this study ADDRESSES: A copy of the IHA and which (i) has the potential to injure a marine will help the people and government of application are available by writing to P. mammal or marine mammal stock in the wild Taiwan to better prepare for future Michael Payne, Chief, Permits, [‘‘Level A harassment’’]; or (ii) has the seismic events and may thus mitigate Conservation, and Education Division, potential to disturb a marine mammal or some of the loss of life and economic Office of Protected Resources, National marine mammal stock in the wild by causing disruption of behavioral patterns, including, disruptions that will inevitably occur. Marine Fisheries Service, 1315 East- but not limited to, migration, breathing, The action is planned to take place in West Highway, Silver Spring, MD nursing, breeding, feeding, or sheltering the territorial seas and EEZ’s of foreign 20910–3235 or by telephoning the [‘‘Level B harassment’’]. nations, and will be continuous with the contact listed here. A copy of the 16 U.S.C. 1362(18) activity that takes place on the high application containing a list of the Section 101(a)(5)(D) establishes a 45- seas. NMFS does not authorize the references used in this document may day time limit for NMFS’ review of an incidental take of marine mammals in be obtained by writing to the address application followed by a 30-day public the territorial seas of foreign nations, as specified above, telephoning the contact notice and comment period on any the MMPA does not apply in those FOR FURTHER listed below (see proposed authorizations for the waters. However, NMFS still needs to INFORMATION CONTACT), or online at: incidental harassment of small numbers calculate the level of incidental take in http://www.nmfs.noaa.gov/pr/permits/ of marine mammals. Within 45 days of territorial seas as part of the analysis incidental.htm. Documents cited in this the close of the comment period, NMFS supporting issuance of an IHA in order notice may be viewed, by appointment, must either issue or deny issuance of to determine the biological accuracy of during regular business hours, at the the authorization. the small numbers and negligible aforementioned address. impact determination. FOR FURTHER INFORMATION CONTACT: Summary of Request Howard Goldstein or Ken Hollingshead, On October 27, 2008, NMFS received Description of the Specified Activity Office of Protected Resources, NMFS, an application from L–DEO for the The planned survey will involve one 301–713–2289. taking, by Level B harassment only, of source vessel, the R/V Marcus G. SUPPLEMENTARY INFORMATION: small numbers of marine mammals Langseth (Langseth), which will occur incidental to conducting, under in SE Asia. The Langseth will deploy an Background cooperative agreement with the National array of 36 airguns (6,600 in3) as an Sections 101(a)(5)(A) and (D) of the Science Foundation (NSF), a marine energy source at a tow depth of 6–9 m MMPA (16 U.S.C. 1361 et seq.) direct seismic survey in SE Asia. The funding (20–30 ft). The receiving system will the Secretary of Commerce to allow, for the Taiwan Integrated Geodynamics consist of a hydrophone streamer and upon request, the incidental, but not Research (TAIGER) survey is provided approximately 100 ocean bottom intentional, taking of marine mammals by the NSF. The proposed survey will seismometers (OBSs). The Langseth will by United States (U.S.) citizens who encompass the area 17°30′–26°30′ N, deploy an 8 km (5 mi) long streamer for engage in a specified activity (other than 113°30′–126° E within the Exclusive most transects requiring a streamer; commercial fishing) within a specified Economic Zones (EEZ) of Taiwan, however, a shorter streamer (500 m to 2 VerDate Nov<24>2008 17:44 Aug 13, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\14AUN2.SGM 14AUN2 mstockstill on DSKH9S0YB1PROD with NOTICES2 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41261 km or 1,640 ft to 1.2 mi) will be used transponder interrogates the OBS at a The closest approach to the Ryuku during surveys in Taiwan (Formosa) frequency of 9–11 kHz, and a response Islands and Okinawa Islands will be Strait. As the airgun array is towed is received at a frequency of 9–13 kHz. 51.5 km (32 mi) and approximately 400 along the survey lines, the hydrophone The burn wire release assembly is then km (249 mi), respectively. Although the streamer will receive the returning activated, and the instrument is released survey will occur at least 32 km (29.9 acoustic signals and transfer the data to from the anchor to float to the surface. mi) from Luzon, Philippines, survey the on-board processing system. The The seismic survey as described in lines will take place approximately 28.6 OBSs record the returning acoustic the Federal Register notice (73 FR km (17.8 mi) and 8.8 km (5.5 mi) from signals internally for later analysis. The 78294, December 22, 2008) for the the Babuyan and Batan islands, OBSs to be used for the TAIGER proposed IHA was 15,902 km (9,881 mi) respectively. Water depths in the survey program will be deployed and retrieved in length. After public comment, L–DEO area range from approximately 25 to numerous times by a combination of 4 revised the tracklines so that the seismic 6,280 m (164–20,603 ft). There are not or 5 Taiwanese support vessels, as well survey consists of approximately 14,515 seismic lines in less than 50 m (164 ft) km (9,019 mi) of transect lines within as the Langseth. The Langseth will also water depth. The closest seismic line to the South and East China Seas as well retrieve 20 OBSs that were deployed in land is approximately 3.7 km (2.3 mi) as the Philippine Sea, with the majority the study area during previous years to from an island off the east coast of record earthquake activity.
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