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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices 54849

IV. Request for Comments SUPPLEMENTARY INFORMATION: Authority: 16 U.S.C. 1801 et seq. Comments are invited on: (a) Whether Draft Agenda Dated: October 8, 2019. the proposed collection of information Tracey L. Thompson, —Call to Order is necessary for the proper performance —Adoption of the Agenda Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. of the functions of the agency, including —Review of National Standard 1 whether the information shall have Technical Guidance for Designing, [FR Doc. 2019–22288 Filed 10–10–19; 8:45 am] practical utility; (b) the accuracy of the Evaluating, and Implementing Carry- BILLING CODE 3510–22–P agency’s estimate of the burden over and Phase-in Provisions within (including hours and cost) of the ABC Control Rules—Dan Holland— DEPARTMENT OF COMMERCE proposed collection of information; (c) Northwest Fisheries Science Center ways to enhance the quality, utility, and —Review Draft Report to Congress as clarity of the information to be National Oceanic and Atmospheric required in Section 201 of the Administration collected; and (d) ways to minimize the Modernizing Recreational Fisheries burden of the collection of information Management Act of 2018 RIN 0648–XR007 on respondents, including through the —Stock Assessment Review: SEDAR use of automated collection techniques 57— Spiny Lobster—Adyan Takes of Marine Incidental to or other forms of information Rı´os, Southeast Fisheries Science Specified Activities; Taking Marine technology. Center Mammals Incidental to a Low-Energy Comments submitted in response to —Development of three ecosystem Geophysical Survey in the Southwest this notice will be summarized and/or conceptual models– one each for included in the request for OMB Puerto Rico, St. Thomas/St. John, and AGENCY: National Marine Fisheries approval of this information collection; St. Croix Service (NMFS), National Oceanic and they also will become a matter of public —Summary August 2019 Meeting Atmospheric Administration (NOAA), record. Chair Presentation to CFMC 166 Commerce. —Finalize the Generic Ecosystem Sheleen Dumas, ACTION: Conceptual Model Notice; issuance of an incidental Departmental Lead PRA Officer, Office of the harassment authorization. Chief Information Officer, Commerce —Determination of direction and Department. strengths of the boxes representing SUMMARY: In accordance with the [FR Doc. 2019–22320 Filed 10–10–19; 8:45 am] ecosystem components (e.g., regulations implementing the Marine ecological, economic, social) BILLING CODE 3510–22–P Protection Act (MMPA) as —SSC Development of Puerto Rico amended, notification is hereby given Ecosystem Conceptual Model that NMFS has issued an incidental DEPARTMENT OF COMMERCE —Determination of Critical Links that harassment authorization (IHA) to the can serve as Indicators Scripps Institute of Oceanography (SIO) National Oceanic and Atmospheric —SSC Development of St. Thomas/St. to incidentally harass, by Level A and Administration John Ecosystem Conceptual Model Level B harassment, marine mammals —Determination of Critical Links that during a low-energy marine geophysical RIN 0648–XV100 can serve as Indicators survey in the Southwest Atlantic Ocean. —SSC Development of St. Croix Caribbean Fishery Management Ecosystem Conceptual Model DATES: This Authorization is effective Council; Public Meeting —Determination of Critical Links that from September 12, 2019 through September 11, 2020. AGENCY: National Marine Fisheries can serve as Indicators Service (NMFS), National Oceanic and —Other Business FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), —Adjourn Amy Fowler, Office of Protected Commerce. The order of business may be adjusted Resources, NMFS, (301) 427–8401. Electronic copies of the application and ACTION: Notice of a public meeting. as necessary to accommodate the completion of agenda items. The supporting documents, as well as a list SUMMARY: The Caribbean Fishery meeting will begin on October 29, 2019 of the references cited in this document, Management Council’s (Council) at 9 a.m. Other than the start time, may be obtained online at: https:// Scientific and Statistical Committee interested parties should be aware that www.fisheries.noaa.gov/permit/ (SSC) will hold a 3-day meeting in discussions may start earlier or later incidental-take-authorizations-under- October to discuss the items contained than indicated. In addition, the meeting marine-mammal-protection-act. In case in the agenda in the SUPPLEMENTARY may be extended from, or completed of problems accessing these documents, INFORMATION. prior to the date established in this please call the contact listed above. notice. SUPPLEMENTARY INFORMATION: DATES: The meetings will be held from October 29, 2019 to October 31, 2019, Special Accommodations Background starting on Tuesday October 29 at 9 These meetings are physically The MMPA prohibits the ‘‘take’’ of a.m., through October 31 at 5 p.m. accessible to people with disabilities. marine mammals, with certain ADDRESSES: The meetings will be held at For more information or request for sign exceptions. Sections 101(a)(5)(A) and the Embassy Suites Hotel, 8000 Tartak language interpretation and other (D) of the MMPA (16 U.S.C. 1361 et St., Isla Verde, Carolina, Puerto Rico. auxiliary aids, please contact Mr. seq.) direct the Secretary of Commerce FOR FURTHER INFORMATION CONTACT: Miguel A. Rolo´n, Executive Director, (as delegated to NMFS) to allow, upon Miguel A. Rolo´n, Caribbean Fishery Caribbean Fishery Management Council, request, the incidental, but not Management Council, 270 Mun˜ oz 270 Mun˜ oz Rivera Avenue, Suite 401, intentional, taking of small numbers of Rivera Avenue, Suite 401, San Juan, San Juan, Puerto Rico, 00918–1903, marine mammals by U.S. citizens who Puerto Rico 00918–1903, telephone: telephone: (787) 766–5926, at least 5 engage in a specified activity (other than (787) 766–5926. days prior to the meeting date. commercial fishing) within a specified

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geographical region if certain findings The airgun array would be operated in approach does not rely on incorporating are made and either regulations are one of two different types of array every possible environmental factor in issued or, if the taking is limited to modes. The first would be highest- the marine environment. Published harassment, a notice of a proposed quality survey mode to collect the results from Tolstoy (2009), Diebold incidental take authorization may be highest-quality seismic reflection data at (2010), and Crone et al. (2014, 2017), provided to the public for review. approximately 18 potential drill sites. along with nearly 20 years of PSO Authorization for incidental takings The second mode would be a observations from previous NSF-funded shall be granted if NMFS finds that the reconnaissance mode, which is quicker, seismic surveys in various water depths taking will have a negligible impact on and will occur at approximately 75 validate the approach. L–DEO has the species or stock(s) and will not have coring locations, primarily in Survey presented their modeling approach to an unmitigable adverse impact on the Area 2 (see Figure 1 in the IHA NMFS and the Commission on several availability of the species or stock(s) for application). The reconnaissance mode occasions. Given the information taking for subsistence uses (where also allows for operations to occur in presented, numerous discussions, and relevant). Further, NMFS must prescribe poor weather where the use of streamer observations from past NSF-funded the permissible methods of taking and longer than 200-m may not be possible seismic surveys that used the L–DEO other ‘‘means of effecting the least safely. modeling approach, NMFS remains practicable adverse impact’’ on the The reconnaissance mode is carried confident that the methodology used is affected species or stocks and their out using either one or two 45-in3 appropriate and conservatively protects habitat, paying particular attention to airguns, with airguns spaced 8 m apart marine mammals. rookeries, mating grounds, and areas of (if 2 are being used) at a water depth of Comment 2: The Commission noted similar significance, and on the 2–4 m, with a 200 m hydrophone tables depicting source levels in both availability of such species or stocks for streamer and with the vessel traveling at the IHA application and the Federal taking for certain subsistence uses 8 knots (kn). The highest-quality mode Register notice contained inadequate (referred to in shorthand as is carried out using a pair of 45-in3 information and that the appendices of ‘‘mitigation’’); and requirements airguns, with airguns spaced 2 m apart SIO’s IHA application did not contain pertaining to the mitigation, monitoring at a depth of 2–4 m, with a 400, 800, or necessary information. The Commission and reporting of such takings are set 1,600 m hydrophone streamer and with recommended that NMFS ensure that all forth. the vessel traveling at to 5 kn to achieve source levels, modified source levels, high-quality seismic reflection data. and related adjustment factors are Summary of Request specified and all relevant isopleth Comments and Responses On March 13, 2019, NMFS received a figures and user spreadsheet tables are request from SIO for an IHA to take A notice of NMFS’s proposal to issue included in all future NSF-funded and marine mammals incidental to an IHA to SIO was published in the -affiliated applications prior to conducting a low-energy marine Federal Register on August 12, 2019 (84 processing them. geophysical survey in the Southwest FR 39896). That notice described, in Response: NMFS has added Atlantic Ocean. The application was detail, SIO’s activity, the marine clarification on the tables noted by the deemed adequate and complete on May mammal species that may be affected by Commission and provided the 20, 2019. SIO’s request was for take of the activity, and the anticipated effects Commission the requested information. a small number of 49 species of marine on marine mammals. During the 30-day NMFS will ensure that all applications mammals by Level B harassment. public comment period, NMFS received contain the necessary information Neither SIO nor NMFS expects serious comment letters from the Marine required for adequate understanding of injury or mortality to result from this Mammal Commission (Commission) the acoustic modeling prior to activity and, therefore, an IHA is and Falklands Conservation, and a publishing the notice of proposed IHA. appropriate. comment from the Comment 3: The Commission Director of Natural Resources. recommended that, instead of using the Description of Specified Activity Comment 1: The Commission L–DEO modeling described in the IHA SIO plans to conduct low-energy recommended NMFS specify why it application, NMFS require SIO to re- marine seismic surveys in the believes that sound channels with estimate the proposed Level A and Southwest Atlantic Ocean during downward refraction, as well as seafloor Level B harassment zones and September–October 2019. The seismic refractions, are not likely to occur associated takes of marine mammals surveys would be conducted in the during SIO’s survey and the degree to using (1) both operational (including Exclusive Economic Zone (EEZ) of the which both of these parameters would number/type/spacing of airguns, tow Falkland Islands and International affect the estimation (or depth, source level/operating pressure, Waters, with water depths ranging from underestimation) of Level B harassment operational volume) and site-specific ∼50–5700 meters (m) (See Figure 1 in zones in deep and intermediate water environmental (including sound speed the IHA application). A total of ∼7,500 depths. Additionally, the Commission profiles, bathymetry, and sediment kilometers (km) of seismic data would recommended NMFS specify how it has characteristics at a minimum) be collected. The surveys would involve validated use of Lamont-Doherty Earth parameters, (2) a comprehensive source one source vessel, R/V Thomas G. Observatory’s (L–DEO’s) acoustic model (i.e., Gundalf Optimizer or Thompson (R/V Thompson). The modeling correction factors and ratios to AASM) and (3) an appropriate sound Thompson would deploy up to two 45- account for differing water depths, tow propagation model for the proposed in3 GI airguns at a depth of 2–4 m with depths, and airgun spacing for surveys incidental harassment authorization. a maximum total volume of ∼90 in3. The that occur in both intermediate and Specifically, the Commission reiterates receiving system would consist of one shallow water. that L–DEO should be using the ray- hydrophone streamer, 200–1,600 m in Response: The L–DEO approach to the tracing propagation model BELLHOP— length, which would receive the modeling is generally conservative as which is a free, standard propagation returning acoustic signals and transfer supported by data collected from code that readily incorporates all the data to the on-board processing calibration and other field data along environmental inputs listed herein, system. with modeling results. The L–DEO rather than the limited, in-house

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MATLAB code currently in use, and situ, site specific measurements and authorizations for seismic surveys. recommends NMFS specify why it estimates of 160 decibel (dB) and 180 However, L–DEO’s current modeling believes that L–DEO’s modeling dB isopleths collected by the approach (supported by the three data approaches provide more accurate, hydrophone streamer of the R/V points discussed previously) represents realistic, and appropriate Level A and Langseth in shallow water were smaller the best available information for NMFS Level B harassment zones than than the modeled (i.e., predicted) zones to reach determinations for this IHA. As BELLHOP. for two seismic surveys conducted described earlier, the comparisons of L– Response: NMFS acknowledges the offshore New Jersey in shallow water in DEO’s model results and the field data Commission’s concerns about L–DEO’s 2014 and 2015. In that particular case, collected at multiple locations (i.e., the current modeling approach for Crone’s (2015) results showed that L– Gulf of Mexico, offshore Washington estimating Level A and Level B DEO’s modeled 180 decibel (dB) and State, and offshore New Jersey) illustrate harassment zones and takes. SIO’s 160 dB zones were approximately 28 a degree of conservativeness built into application and the Federal Register percent and 33 percent larger, L–DEO’s model for deep water, which notice of the proposed IHA (84 FR respectively, than the in-situ, site- NMFS expects to offset some of the 39896; August 12, 2019) describe the specific measurements, thus confirming limitations of the model to capture the applicant’s approach to modeling Level that L–DEO’s model was conservative in variability resulting from site-specific A and Level B harassment zones. The that case. factors. Based upon the best available model L–DEO currently uses does not The following is a summary of two information (i.e., the three data points, allow for the consideration of additional analyses of in-situ data that two of which are peer-reviewed, environmental and site-specific support L–DEO’s use of the modeled discussed in this response), NMFS finds parameters as requested by the Level A and Level B harassment zones that the Level A and Level B harassment Commission, but as described below, in this particular case. In 2010, L–DEO zone calculations are appropriate for use field measurements support the use of assessed the accuracy of their modeling in this particular IHA. the model used. approach by comparing the sound levels The use of models for calculating SIO’s application describes L–DEO’s of the field measurements acquired in Level A and Level B harassment zones approach to modeling Level A and Level the Gulf of Mexico study to their model and for developing take estimates is not B harassment zones. In summary, L– predictions (Diebold et al., 2010). They a requirement of the MMPA incidental DEO acquired field measurements for reported that the observed sound levels take authorization process. Further, several array configurations at shallow, from the field measurements fell almost NMFS does not prescribe specific model intermediate, and deep-water depths entirely below the predicted mitigation parameters nor a specific model for during acoustic verification studies radii curve for deep water (i.e., greater applicants as part of the MMPA conducted in the northern Gulf of than 1,000 m; 3,280.8 ft) (Diebold et al., incidental take authorization process at Mexico in 2007 and 2008 (Tolstoy et al., 2010). In 2012, L–DEO used a similar this time, although we do review 2009). Based on the empirical data from process to model distances to isopleths methods to ensure they adequately those studies, L–DEO developed a corresponding to Level A and Level B predict take. There is a level of sound propagation modeling approach harassment thresholds for a shallow- variability not only with parameters in that predicts received sound levels as a water seismic survey in the northeast the models, but also the uncertainty function of distance from a particular Pacific Ocean offshore Washington associated with data used in models, airgun array configuration in deep State. LDEO conducted the shallow- and therefore, the quality of the model water. For this survey, L–DEO modeled water survey using a 6,600 in3 airgun results submitted by applicants. NMFS Level A and Level B harassment zones configuration aboard the R/V Langseth considers this variability when based on the empirically-derived and recorded the received sound levels evaluating applications and the take measurements from the Gulf of Mexico on both the shelf and slope using the estimates and mitigation measures that calibration survey (Appendix H of NSF– Langseth’s 8 km hydrophone streamer. the model informs. NMFS takes into USGS 2011). L–DEO used the deep- Crone et al. (2014) analyzed those consideration the model used, and its water radii obtained from model results received sound levels from the 2012 results, in determining the potential down to a maximum water depth of survey and confirmed that in-situ, site impacts to marine mammals; however, 2,000 meters (m) (Figures 2 and 3 in specific measurements and estimates of it is just one component of the analysis Appendix H of NSF–USGS 2011). the 160 dB and 180 dB isopleths during the MMPA authorization process In 2015, LDEO explored the question collected by the Langseth’s hydrophone as NMFS also takes into consideration of whether the Gulf of Mexico streamer in shallow water were two to other factors associated with the activity calibration data described above three times smaller than L–DEO’s (e.g., geographic location, duration of adequately informs the model to predict modeling approach had predicted. activities, context, sound source exclusion isopleths in other areas by While the results confirmed the role of intensity, etc.). conducting a retrospective sound power bathymetry in sound propagation, Crone Comment 4: The Commission noted analysis of one of the lines acquired et al. (2014) were also able to confirm that monitoring and reporting during L–DEO’s seismic survey offshore that the empirical measurements from requirements adopted need to be New Jersey in 2014 (Crone, 2015). the Gulf of Mexico calibration survey sufficient to provide a reasonably NMFS presented a comparison of the (the same measurements used to inform accurate assessment of the manner of predicted radii (i.e., modeled exclusion L–DEO’s modeling approach for the taking and the numbers of taken zones) with radii based on in situ planned surveys in the northwest incidental to the specified activity. measurements (i.e., the upper bound Atlantic Ocean) overestimated the size Those assessments should account for [95th percentile] of the cross-line of the exclusion and buffer zones for the all animals in the various survey areas, prediction) in a previous notice of shallow-water 2012 survey off including those animals directly on the issued Authorization for LDEO (see 80 Washington State and were thus trackline that are not detected and how FR 27635, May 14, 2015, Table 1). precautionary, in that particular case. well animals are detected based on the Briefly, the analysis presented in Crone NMFS continues to work with L–DEO distance from the observer which is (2015), specific to the survey site to address the issue of incorporating achieved by incorporating g(0) and f(0) offshore New Jersey, confirmed that in- site-specific information for future values. The Commission recommended

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that NMFS require L–DEO to use the submitting any proposed authorizations the Falkland Islands as a ‘‘known or Commission’s method as described in to the Federal Register, as well as historic breeding area’’ for southern the Commission’s Addendum to better require earlier submission of right . Falklands Conservation estimate the numbers of marine applications and other documentation also noted that large numbers of mammals taken by Level A and B to ensure sufficient time to prepare the southern right whales have been harassment for the incidental proposed authorization and consider recorded off the northeast coast of the harassment authorization. The comments received from the public. Falklands seasonally since 2017 and Commission stated that all other NSF- Response: NMFS thanks the suggested that the occurrence of affiliated entities and all seismic Commission for its concerns regarding southern right whales might be higher operators should use this method as the IHA process. NMFS thoroughly than the ‘‘uncommon’’ assessment well. reviewed the comments received and provided in the Federal Register notice. Response: We thank the Commission considered all comments in making Additionally, Falklands Conservation for their recommendation. NMFS is in appropriate revisions to the final IHA. indicated they did not support the the process of determining the NMFS encourages all applicants to assessment of ‘‘uncommon’’ for fin appropriate method for deriving post- submit applications for IHAs five to whales and sei whales. survey estimates of the total number of eight months in advance of the intended Response: We thank Falklands animals taken by activities such as project start date and for rulemakings/ Conservation for their recommended Scripps’ marine geophysical survey. LOAs at least nine months, and correction and suggestions. However, no Comment 5: The Commission preferably 15 months, in advance of the references were provided to support any recommended NMFS require SIO to intended project start date. More change in density or abundance specify in the final monitoring report (1) generally, NMFS publishes Federal estimates for these species, and as noted the number of days the survey occurs Register notices for proposed IHAs as above, these designations have no and the array is active and (2) the quickly as possible once the application impact on the take estimation. As such, percentage of time and total time the is received and aims to allow more time we have determined that this comment array is active during daylight vs on the back end of the comment period, does not necessitate any changes in our nighttime hours (including dawn and but there are situations where the length assessment and has no effect on our dusk). of processing times are driven by the authorized take or findings. Response: NMFS will require SIO to exigency of an applicant’s activity start Comment 10: Falklands Conservation include this information in their final date or by the need to work with suggested that because the planned monitoring report. applicants to ensure we have the survey occurs in mostly international Comment 6: The Commission necessary information to deem an waters where few abundance or density recommended that NMFS refrain from application adequate and complete. surveys for marine mammals have been using the proposed renewal process for Here, NMFS provided the required 30- conducted, that there are not enough SIO’s authorization based on the day notice for public comment, and has available datasets from comparable complexity of analysis and potential for adequately considered the comments areas (with regard to the criteria that impacts on marine mammals, and the received in making the necessary influence marine mammals such as potential burden on reviewers of findings for this IHA. water depth, sea surface temperature, reviewing key documents and Comment 8: Falklands Conservation and latitudes) for the take requests to be developing comments quickly. requested clarity on the species robust. Additionally, the Commission occurrence determinations in Table 2 in Response: As noted by Falklands recommends that NMFS use the IHA the Federal Register notice of proposed Conservation, there are limited density renewal process sparingly and IHA (and Table 3 in SIO’s IHA and abundance surveys available for selectively for activities expected to application). this region and regions with similar have the lowest levels of impacts to Response: The occurrence as noted is environmental qualities. Accordingly, marine mammals and that require less for the survey area at the proposed time and as described in the application and complex analysis. of the survey and is our professional elsewhere in this notice, SIO and NMFS Response: We appreciate the opinion based on all of the available used the best available information to Commission’s input and direct the data for the area, as well as the known determine the appropriate densities for reader to our recent response to the population size in the overall area. This estimating take for this project. same comment, which can be found at is best professional judgement and is Falklands Conservation provided no 84 FR 31032 (June 28, 2019), pg. 31035– mainly meant to serve as a guide to the references to suggest other densities and 31036. If and when SIO requests a seismic operator so that they can abundance information should be used Renewal, we will consider the anticipate what species are likely to be in place of those used by SIO and NMFS Commission’s comment further and encountered during the survey and in the take estimation. Therefore, NMFS address the concerns specific to this which are not. As noted by Falklands has not made any changes to the density project. We will consider this comment Conservation, data are lacking for the and abundance information presented further when and if Scripp’s requests a area, so it is difficult to make such in the Federal Register notice of renewal. predictions. The take estimates are not proposed IHA. Comment 7: The Commission noted based on the occurrence but on the Comment 11: Falklands Conservation that the proposed surveys are scheduled densities, which as noted by Falklands commented on SIO’s discussion of the to begin immediately after the public Conservation, may not always be ideally timing of the survey in their IHA comment period closes and expressed representative either as they are taken application and suggested that the concern that NMFS did not have from different areas, but which do survey be scheduled outside of the core adequate time to consider public represent the best available science periods of baleen presence. comments before issuing the IHA. The paired with best professional Response: SIO’s specified activity Commission recommended NMFS more judgement. includes the timing of the survey that thoroughly review applications, draft Comment 9: Falklands Conservation best represents their goals of acquiring Federal Register notices, and draft noted that the Federal Register notice of seismic, based on the availability of the proposed authorizations prior to proposed IHA inaccurately referred to survey vessel and other logistical issues.

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NMFS has made the necessary findings hemisphere, North Atlantic right whales information on the definition of take is to issue an IHA for the specified activity and North Pacific right whales are available on NMFS’s website at https:// included in SIO’s request, and there is included in the group of species for www.fisheries.noaa.gov/national/laws- no justification to require SIO to which we require an extended exclusion and-policies/glossary-permits-protected- completely change their specified zone. While southern right whales are resources. activity to occur at a different time. not nearly as imperiled as their northern Comment 12: Falklands Conservation hemisphere counterparts, NMFS Changes From Proposed to Final IHA questioned whether the proposed determined that given the similarities Minor corrections have been made to mitigation and monitoring measures are between the species, an extended typographical errors in the estimated sufficient reduce impacts to marine exclusion zone was warranted. The 100- take table. Additionally, while no take mammals. Specifically, Falklands m exclusion zone for other species, by Level A harassment was proposed for Conservation noted that since observers including listed cetaceans, is any species, some take by Level A are not required during nighttime sufficiently protective for these animals, harassment has been authorized for operations, passive acoustic monitoring given the sizes of the Level A and Level three species of marine mammals (see (PAM) is the only way to achieve B harassment zones (up to 6.5 m and Estimated Take section). mitigation for protected species at night, 1,400 m, respectively), as described in as well as during adverse sea the Mitigation section. Description of Marine Mammals in the conditions. Falklands Conservation Comment 15: Falklands Conservation Area of Specified Activities recommended requiring PAM to assist suggested that excepting specific Section 4 of the application visual observation and noted that the delphinid species from the shutdown summarizes available information Federal Register notice of proposed IHA requirement does not comply with best regarding status and trends, distribution mentioned acoustic monitoring in the practice recommendations which and habitat preferences, and behavior summary of the proposed mitigation recommend shutting down the acoustic and life history, of the potentially measures. source for all species approaching the affected species. Additional information Response: The inclusion of acoustic zone of impact. about these species (e.g., physical and monitoring in the list of proposed Response: The available information behavioral descriptions) may be found mitigation measures was inadvertent. does not suggest that delphinid on NMFS’s website (https:// NMFS recognizes that PAM can be an perceived attraction to vessels is likely www.fisheries.noaa.gov/find-species). effective tool in to have meaningful energetic effects to detection during nighttime operations or individuals such that the effectiveness The populations of marine mammals when visual observations are otherwise of such measures outweighs the considered in this document do not obscured. However, given the small practicability concerns of requiring the occur within the U.S. EEZ and are Level A and Level B harassment zones operator to shutdown operations when therefore not assigned to stocks and are and limited reduction of impacts approach the vessel. NMFS not assessed in NMFS’ Stock anticipated to be gained by the use of has included this delphinid exception Assessment Reports (SARs). As such, PAM, in consideration of the cost of in numerous recent authorizations and information on potential biological implementing PAM systems, we do not believes it to be an appropriate measure. removal (PBR; defined by the MMPA as require PAM for surveys of this nature For additional information, please see the maximum number of animals, not and size and it is not warranted here. As NMFS discussion of delphinid including natural mortalities, that may described in the Mitigation section, we shutdown exceptions in the Federal be removed from a marine mammal have included the necessary measures Register notice of issuance of IHAs to stock while allowing that stock to reach to ensure the least practicable adverse take marine mammals incidental to or maintain its optimum sustainable impact on the affected species and geophysical surveys in the Atlantic population) and on annual levels of stocks and their habitat. Ocean (83 FR 63303; December 7, 2018). serious injury and mortality from Comment 13: Falklands Conservation Comment 16: The Falkland Islands anthropogenic sources are not available requested clarification on the adequacy Director of Natural Resources requested for these marine mammal populations. of night vision equipment to be used in clarification on the meaning of ‘‘take’’ in Abundance estimates for marine the planned survey. regards to this IHA. mammals in the survey location are Response: NMFS does not prescribe Response: Take is defined under the lacking; therefore estimates of any specific equipment be used, but MMPA as ‘‘to harass, hunt, capture, or abundance presented here are based on examples of night vision equipment kill, or attempt to harass, hunt, capture, a variety of proxy sources including include Exelis PVS–7 night vision or kill any marine mammal’’ (16 U.S.C. International Whaling Commission goggles, Night Optics D–300 night 1362). As noted on page 39915 of the population estimates (IWC 2019), the vision monocular, and FLIR M324XP Federal Register notice of proposed IHA U.S. Atlantic SARs (Hayes et al., 2018), thermal imaging camera or equivalents. (84 FR 39896; August 12, 2019), and various literature estimates (see IHA Comment 14: Falklands Conservation harassment is the only type of take application for further detail), as this is questioned the rationale for requiring a expected to result from these activities. considered the best available 500-meter (m) exclusion zone for The MMPA defines harassment as any information on potential abundance of southern right whales, but a 100-m act of pursuit, torment, or annoyance, marine mammals in the area. However, exclusion zone for other endangered which (i) has the potential to injure a as described above, the marine cetaceans such as blue whales and sei marine mammal or marine mammal mammals encountered by the planned whales. stock in the wild (Level A harassment); survey are not assigned to stocks. All Response: For small airgun arrays, or (ii) has the potential to disturb a abundance estimate values presented in such as those utilized by SIO here, marine mammal or marine mammal Table 1 are the most recent available at NMFS requires a 100-m exclusion zone stock in the wild by causing disruption the time of publication and are available for all marine mammal species and an of behavioral patterns, including, but in the 2018 U.S. Atlantic SARs (e.g., extended exclusion zone of 500 m for not limited to, migration, breathing, Hayes et al. 2018) available online at: species or circumstances that warrant nursing, breeding, feeding, or sheltering www.fisheries.noaa.gov/national/ additional protection. In the northern (Level B harassment). Additional marine-mammal-protection/marine-

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mammal-stock-assessments, except Argentine Basin, Southwest Atlantic regulatory status under the MMPA and where noted otherwise. Ocean, and summarizes information ESA. For , we follow Table 1 lists all species with expected related to the population, including Committee on Taxonomy (2018). 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——Superfamily Mysticeti (baleen whales)

Family : Southern ...... Eubalaena australis ...... n/a E/D;N 12,000,3 3,300 4 ...... N.A. Uncommon. Family Cetotheriidae: ...... Caperea marginata ...... n/a N.A ...... N.A. Rare. Family Balaenopteridae (): Blue whale ...... musculus ...... n/a E/D;Y 2,300 true,3 1,500 pygmy 5 ...... N.A. Rare. ...... Balaenoptera physalus ...... n/a E/D;Y 15,000 5 ...... N.A. Uncommon. Sei whale ...... Balaenoptera borealis ...... n/a E 10,000 5 ...... N.A. Uncommon. Common ...... Balaenoptera acutorostrata ...... n/a - 515,000 36 ...... N.A. Common. Antarctic minke whale ...... Balaenoptera bonaerensis ...... n/a - 515,000 36 ...... N.A. Common. ...... Megaptera novaeangliae ...... n/a - 42,000 3 ...... N.A. Rare.

Superfamily Odontoceti (toothed whales, dolphins, and )

Family Physeteridae: ...... Physeter macrocephalus ...... n/a E 12,069 8 ...... N.A. Uncommon. Family Kogiidae: Pygmy sperm whale ...... Kogia breviceps ...... n/a - N.A ...... N.A. Rare. ...... Kogia sima ...... n/a - N.A ...... N.A. Rare. Family Ziphiidae (beaked whales): Arnoux’s ...... arnuxii ...... n/a - 599,300 9 ...... N.A. Uncommon. Cuvier’s beaked whale ...... Ziphius cavirostris ...... n/a - 599,300 9 ...... N.A. Uncommon. Southern ...... Hyperoodon planifrons ...... n/a - 599,300 9 ...... 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 9 ...... N.A. Uncommon. 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 9 ...... 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 ...... Grampus griseus ...... n/a - 18,250 10 ...... N.A. Uncommon. Rough-toothed dolphin ...... Steno bredanensis ...... n/a - N.A ...... N.A. Rare. Common ...... Tursiops truncatus ...... n/a - 77,532 10 ...... N.A. Uncommon. Pantropical spotted dolphin ...... attenuata ...... n/a - 3,333 10 ...... N.A. Rare. Atlantic spotted dolphin ...... Stenella frontalis ...... n/a - 44715 10 ...... N.A. Rare. ...... Stenella longirostris ...... n/a - N.A ...... N.A. Uncommon. Clymene dolphin ...... Stenella clymene ...... n/a - N.A ...... N.A. Rare. ...... Stenella coeruleoalba ...... n/a - 54,807 10 ...... N.A. Uncommon. Short-beaked ...... Delphinus delphis ...... n/a - 70,184 10 ...... N.A. Uncommon. Fraser’s dolphin ...... Lagenodelphis hosei ...... n/a - N.A ...... N.A. Rare. ...... obscurus ...... n/a - 7,252 11 ...... N.A. Uncommon. Hourglass dolphin ...... Lagenorhynchus cruciger ...... n/a - 150,000 5 ...... N.A. Common. Peale’s dolphin ...... Lagenorhynchus australis ...... n/a - 20,000 12 ...... N.A. Common. Southern ...... Lissodelphis peronii ...... n/a - N.A ...... N.A. Uncommon. Commerson’s dolphin ...... commersonii ...... n/a - 21,000 13 ...... N.A. Common. ...... Orcinus orca ...... n/a - 25,000 14 ...... N.A. Uncommon. Short-finned ...... Globicephala macrorhynchus ...... n/a - 200,000 5 ...... N.A. Rare. Long-finned pilot whale ...... Globicephala melas ...... n/a - 200,000 5 ...... N.A. Common. ...... Pseudorca crassidens ...... n/a - N.A ...... N.A. Rare. Family Phocoenidae (porpoises): Spectacled ...... dioptrica ...... n/a - N.A ...... N.A. Uncommon.

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Antarctic fur seal ...... Arctocephalus gazella ...... n/a - 4.5–6.2 million 15 ...... N.A. Rare. South American fur seal ...... Arctocephalus australis ...... n/a - 99,000 16 ...... N.A. Common. Subantarctic fur seal ...... Arctocephalus tropicalis ...... n/a - 400,000 17 ...... N.A. Uncommon. South American sea lion ...... Otaria flavescens ...... n/a - 445,000 16 ...... N.A. Common. Family Phocidae (earless seals): Crabeater seal ...... Lobodon carcinophaga ...... n/a - 5–10 million 18 ...... N.A. Rare. ...... Hydrurga leptonyx ...... n/a - 222,000–440,000 19 ...... N.A. Rare. Southern elephant seal ...... Mirounga leonina ...... n/a - 750,000 20 ...... N.A. Uncommon. N.A. = data not available. 1 The populations of marine mammals considered in this document do not occur within the U.S. EEZ and are therefore not assigned to stocks. 2 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as de- pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be list- ed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 3 Southern Hemisphere (IWC 2019). 4 Southwest Atlantic (IWC 2019). 5 Antarctic (Boyd 2002). 6 Dwarf and Antarctic minke whales combined. 7 There are 14 distinct population segments (DPSs) of humpback whales recognized under the ESA; the Brazil DPS is not listed (NOAA 2017). 8 Estimate for the Antarctic, south of 60° S (Whitehead 2002). 9 All beaked whales south of the Antarctic Convergence; mostly southern bottlenose whales (Kasamatsu and Joyce 1995). 10 Estimate for the western North Atlantic (Hayes et al., 2018). 11 Estimate for Patagonian coast (Dans et al., 1997). 12 Estimate for Southern Patagonian waters, Argentina (Dellabianca et al., 2016). 13 Total world population (Dawson 2018).

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14 Minimum estimate for (Branch and Butterworth 2001). 15 South Georgia population (Dawson 2018). 16 Total population (Ca´rdenas-Alayza et al., 2016a). 17 Global population (Hofmeyr and Bester 2018). 18 Global population (Bengston and Stewart 2018). 19 Global population (Rogers 2018). 20 Total world population (Hindell et al., 2016).

All species that could potentially or (ii) has the potential to disturb a harassment) or to incur PTS of some occur in the planned survey areas are marine mammal or marine mammal degree (equated to Level A harassment). included in Table 2. As described stock in the wild by causing disruption Level B Harassment for non-explosive below, all 49 species temporally and of behavioral patterns, including, but sources—Though significantly driven by spatially co-occur with the activity to not limited to, migration, breathing, received level, the onset of behavioral the degree that take is reasonably likely nursing, breeding, feeding, or sheltering disturbance from anthropogenic noise to occur, and we have authorized it. (Level B harassment). exposure is also informed to varying A detailed description of the species Authorized takes would primarily be degrees by other factors related to the likely to be affected by the planned by Level B harassment, as use of the source (e.g., frequency, predictability, geophysical surveys, including brief acoustic sources (i.e., seismic airgun) duty cycle), the environment (e.g., introductions to the species and has the potential to result in disruption bathymetry), and the receiving animals relevant stocks as well as available of behavioral patterns for individual (hearing, motivation, experience, information regarding population trends marine mammals. There is also some demography, behavioral context) and and threats, information regarding local small potential for auditory injury can be difficult to predict (Southall et occurrence, and marine mammal (Level A harassment) for high frequency al., 2007, Ellison et al., 2012). Based on hearing were provided in the Federal cetaceans (i.e., Kogiidae and what the available science indicates, Register notice for the proposed IHA (84 Lagenorhynchus spp., and spectacled and the practical need to use a threshold FR 39896; August 12, 2019). Since that porpoise). Auditory injury is unlikely to based on a factor that is both predictable time, we are not aware of any changes occur for low frequency cetaceans, mid and measurable for most activities, in the status of these species and stocks; frequency cetaceans, otariid pinnipeds, NMFS uses a generalized acoustic therefore, detailed descriptions are not or phocid pinnipeds given the very threshold based on received level to provided here. Please refer to that small modeled zones of injury for those estimate the onset of behavioral Federal Register notice for these hearing groups (up to 6.5 m). The harassment. NMFS predicts that marine descriptions. Please also refer to mitigation and monitoring measures are mammals are likely to be behaviorally NMFS’s website (https:// expected to minimize the severity of harassed in a manner we consider Level www.fisheries.noaa.gov/find-species) for such taking to the extent practicable. As generalized species accounts. B harassment when exposed to described previously, no mortality is underwater anthropogenic noise above Potential Effects of Specified Activities anticipated or authorized for this received levels of 120 dB re 1 mPa (rms) on Marine Mammals and Their Habitat activity. Below we describe how the for continuous (e.g., vibratory pile- take is estimated. The effects from underwater noise driving, drilling) and above 160 dB re 1 Generally speaking, we estimate take from SIO’s planned geophysical surveys mPa (rms) for non-explosive impulsive have the potential to result in by considering: (1) Acoustic thresholds (e.g., seismic airguns) or intermittent harassment of marine mammals in the above which NMFS believes the best (e.g., scientific sonar) sources. available science indicates marine vicinity of the action area. The Federal SIO’s activity includes the use of mammals will be behaviorally harassed Register notice for the proposed IHA (84 impulsive seismic sources, and or incur some degree of permanent FR 39896; August 12, 2019) included a therefore the 160 dB re 1 mPa (rms) is hearing impairment; (2) the area or discussion of the effects of applicable. volume of water that will be ensonified anthropogenic noise on marine Level A harassment for non-explosive mammals and their habitat, therefore above these levels in a day; (3) the density or occurrence of marine sources—NMFS’ Technical Guidance that information is not repeated here; for Assessing the Effects of please refer to that Federal Register mammals within these ensonified areas; and, (4) and the number of days of Anthropogenic Sound on Marine notice (84 FR 39896; August 12, 2019) Mammal Hearing (Version 2.0) for that information. No instances of activities. We note that while these basic factors can contribute to a basic (Technical Guidance, 2018) identifies serious injury or mortality are expected dual criteria to assess auditory injury as a result of the planned activities. calculation to provide an initial prediction of takes, additional (Level A harassment) to five different Estimated Take information that can qualitatively marine mammal groups (based on This section provides an estimate of inform take estimates is also sometimes hearing sensitivity) as a result of the number of incidental takes available (e.g., previous monitoring exposure to noise from two different authorized through this IHA, which will results or average group size). Below, we types of sources (impulsive or non- inform both NMFS’ consideration of describe the factors considered here in impulsive). SIO’s activity includes the ‘‘small numbers’’ and the negligible more detail and present the authorized use of impulsive seismic sources. impact determination. take. These thresholds are provided in the Harassment is the only type of take table below. The references, analysis, Acoustic Thresholds expected to result from these activities. and methodology used in the Except with respect to certain activities Using the best available science, development of the thresholds are not pertinent here, section 3(18) of the NMFS has developed acoustic described in NMFS 2018 Technical MMPA defines ‘‘harassment’’ as any act thresholds that identify the received Guidance, which may be accessed at of pursuit, torment, or annoyance, level of underwater sound above which https://www.fisheries.noaa.gov/ which (i) has the potential to injure a exposed marine mammals would be national/marine-mammal-protection/ marine mammal or marine mammal reasonably expected to be behaviorally marine-mammal-acoustic-technical- stock in the wild (Level A harassment); harassed (equated to Level B guidance.

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TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) 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 all the SPL isopleths at their widest The planned surveys would acquire point from the sea surface down to the 3 Here, we describe operational and data with two 45-in guns at a tow depth maximum relevant water depth (∼2,000 environmental parameters of the activity of 2–4 m. For deep water (>1000 m), we m) for marine mammals. At short that will feed into identifying the area use the deep-water radii obtained from ranges, where the direct arrivals ensonified above the acoustic L–DEO model results down to a dominate and the effects of seafloor thresholds, which include source levels maximum water depth of 2000 m for the interactions are minimal, the data at the and transmission loss coefficient. airgun array with 2-m and 8-m airgun deep sites are suitable for comparison The planned survey would entail the separation. The radii for intermediate with modeled levels at the depth of the water depths (100–1000 m) are derived use of a 2-airgun array with a total calibration hydrophone. At longer discharge of 90 in3 at a two depth of 2– from the deep-water ones by applying a ranges, the comparison with the correction factor (multiplication) of 1.5, 4 m. Lamont-Doherty Earth Observatory model—constructed from the maximum such that observed levels at very near (L–DEO) model results are used to SPL through the entire water column at offsets fall below the corrected determine the 160 dBrms radius for the varying distances from the airgun 2-airgun array in deep water (>1,000 m) array—is the most relevant. mitigation curve (see Figure 16 in down to a maximum water depth of In deep and intermediate water Appendix H of NSF–USGS 2011). The 2,000 m. Received sound levels were depths, comparisons at short ranges shallow-water radii are obtained by predicted by L–DEO’s model (Diebold et between sound levels for direct arrivals scaling the empirically derived al., 2010) as a function of distance from recorded by the calibration hydrophone measurements from the Gulf of Mexico the airguns, for the two 45 in3 airguns. and model results for the same array calibration survey to account for the This modeling approach uses ray tracing tow depth are in good agreement (see differences in source volume and tow for the direct wave traveling from the Figures 12 and 14 in Appendix H of depth between the calibration survey array to the receiver and its associated NSF–USGS 2011). Consequently, (6000 in3; 6-m tow depth) and the source ghost (reflection at the air-water isopleths falling within this domain can planned survey (90 in3; 4-m tow depth); interface in the vicinity of the array), in be predicted reliably by the L–DEO whereas the shallow water in the Gulf a constant-velocity half-space (infinite model, although they may be of Mexico may not exactly replicate the homogenous ocean layer, unbounded by imperfectly sampled by measurements shallow water environment at the a seafloor). In addition, propagation recorded at a single depth. At greater planned survey sites, it has been shown measurements of pulses from a 36- distances, the calibration data show that to serve as a good and very conservative airgun array at a tow depth of 6 m have seafloor-reflected and sub-seafloor- ∼ proxy (Crone et al., 2014). A simple been reported in deep water ( 1,600 m), refracted arrivals dominate, whereas the scaling factor is calculated from the intermediate water depth on the slope direct arrivals become weak and/or ratios of the isopleths determined by the (∼600–1,100 m), and shallow water (∼50 incoherent. Aside from local topography deep-water L–DEO model, which are m) in the Gulf of Mexico in 2007–2008 effects, the region around the critical essentially a measure of the energy (Tolstoy et al., 2009; Diebold et al., distance is where the observed levels radiated by the source array. 2010). rise closest to the model curve. For deep and intermediate water However, the observed sound levels are L–DEO’s modeling methodology is cases, the field measurements cannot be found to fall almost entirely below the described in greater detail in SIO’s IHA used readily to derive the Level A and model curve. Thus, analysis of the Gulf application. The estimated distances to Level B harassment isopleths, as at of Mexico calibration measurements the Level B harassment isopleths for the those sites the calibration hydrophone demonstrates that although simple, the two planned airgun configurations in was located at a roughly constant depth L–DEO model is a robust tool for each water depth category are shown in of 350–550 m, which may not intersect conservatively estimating isopleths. Table 3.

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

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

Two 45 in3 guns, 2-m separation ...... >1,000 a 539 100–1,000 b 809 <100 c 1,295 Two 45 in3 guns, 8-m separation ...... >1,000 a 578 100–1,000 b 867 <100 c 1,400 a Distance based on L–DEO model results. b Distance based on L–DEO model results with a 1.5 × 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 to facilitate the estimation of take sample, resulting in smaller source harassment isopleths, which vary based numbers. levels (a few dB) than the source level on marine mammal hearing groups, The SELcum for the 2–GI airgun array derived from the farfield signature. were calculated based on modeling is derived from calculating the modified Because the farfield signature does not performed by L–DEO using the farfield signature. The farfield signature take into account the interactions of the NUCLEUS software program and the is often used as a theoretical two airguns that occur near the source NMFS User Spreadsheet, described representation of the source level. To center and is calculated as a point below. The updated acoustic thresholds compute the farfield signature, the source (single airgun), the modified for impulsive sounds (e.g., airguns) source level is estimated at a large farfield signature is a more appropriate contained in the Technical Guidance distance (right) below the array (e.g., 9 measure of the sound source level for were presented as dual metric acoustic km), and this level is back projected large arrays. For this smaller array, the thresholds using both SELcum and peak mathematically to a notional distance of modified farfield changes will be sound pressure metrics (NMFS 2016a). 1 m from the array’s geometrical center. correspondingly smaller as well, but we As dual metrics, NMFS considers onset However, it has been recognized that the use this method for consistency across of PTS (Level A harassment) to have source level from the theoretical farfield all array sizes. occurred when either one of the two signature is never physically achieved at metrics is exceeded (i.e., metric the source when the source is an array SIO used the same acoustic modeling resulting in the largest isopleth). The of multiple airguns separated in space as Level B harassment with a small grid SELcum metric considers both level and (Tolstoy et al., 2009). Near the source (at step in both the inline and depth duration of exposure, as well as short ranges, distances <1 km), the directions to estimate the SELcum and auditory weighting functions by marine pulses of sound pressure from each peak SPL. The propagation modeling mammal hearing group. In recognition individual airgun in the source array do takes into account all airgun of the fact that the requirement to not stack constructively as they do for interactions at short distances from the calculate Level A harassment ensonified the theoretical farfield signature. The source including interactions between areas could be more technically pulses from the different airguns spread subarrays using the NUCLEUS software challenging to predict due to the out in time such that the source levels to estimate the notional signature and duration component and the use of observed or modeled are the result of the MATLAB software to calculate the weighting functions in the new SELcum the summation of pulses from a few pressure signal at each mesh point of a thresholds, NMFS developed an airguns, not the full array (Tolstoy et al., grid. For a more complete explanation optional User Spreadsheet that includes 2009). At larger distances, away from of this modeling approach, please see tools to help predict a simple isopleth the source array center, sound pressure ‘‘Appendix A: Determination of that can be used in conjunction with of all the airguns in the array stack Mitigation Zones’’ in SIO’s IHA marine mammal density or occurrence coherently, but not within one time application.

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

8-kt survey 8-kt survey 5-kt survey 5-kt 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 There are no source level values for this airgun configuration 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 far-field values for these two hearing groups.

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In order to more realistically incorporated within the User Table 5. 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 (SEL or integrate them over the entire calculated for SEL thresholds, for cum cum Peak SPL ) is exceeded (i.e., metric broadband spectrum, resulting in both array configurations. flat 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-kt survey 8-kt survey 5-kt survey 5-kt survey with 8-m with 8-m with 2-m with 2-m Functional hearing group airgun airgun airgun airgun (Level A harassment thresholds) 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 AECOM/NSF 2014) was used. Better TABLE 6—MARINE MAMMAL DENSITIES assumptions included in the methods data on hourglass dolphins, southern IN THE PLANNED SURVEY AREA— used, isopleths produced may be bottlenose whales, and southern Continued overestimates to some degree, which elephant seals were found in White et will ultimately result in some degree of al. (2002). When density estimates were Estimated overestimate of Level A take. However, not available in the above named Species density these tools offer the best way to predict sources, densities were estimated using (#/km2) a appropriate isopleths when more sightings and effort during aerial- and vessel-based surveys conducted in and Sei whale ...... 0.00636 sophisticated 3D modeling methods are Common (dwarf) minke not available, and NMFS continues to adjacent to the planned project area. whale ...... 0.07790 develop ways to quantitatively refine The three other major sources of Antarctic minke whale ...... 0.07790 these tools and will qualitatively abundance included White et al. (2002), Humpback whale ...... 0.00066 address the output where appropriate. DeTullio et al. (2016) and Garaffo et al. MF Cetaceans: For mobile sources, such as the planned (2011). Data sources and density Sperm whale ...... 0.00207 seismic survey, the User Spreadsheet calculations are described in detail in Arnoux’s beaked whale ..... 0.01138 predicts the closest distance at which a Appendix B of SIO’s IHA application. Cuvier’s beaked whale ...... 0.00055 stationary animal would not incur PTS For some species, the densities derived Southern bottlenose whale 0.00791 if the sound source traveled by the from past surveys may not be Shepherd’s beaked whale 0.00627 animal in a straight line at a constant representative of the densities that Blainville’s beaked whale .. 0.00005 Gray’s beaked whale ...... 0.00189 speed. would be encountered during the Hector’s beaked whale ..... 0.00021 planned seismic surveys. However, the Marine Mammal Occurrence True’s beaked whale ...... 0.00005 approach used is based on the best Strap-toothed beaked In this section we provide the available data. Estimated densities used whale ...... 0.00058 information about the presence, density, to inform take estimates are presented in Andrew’s beaked whale .... 0.00016 or group dynamics of marine mammals Table 6. Spade-toothed beaked that informed the take calculations. whale ...... 0.00005 For the planned survey area in the TABLE 6—MARINE MAMMAL DENSITIES Risso’s dolphin ...... 0.00436 southwest Atlantic Ocean, SIO IN THE PLANNED SURVEY AREA Routh-toothed dolphin ...... 0.00595 determined that the preferred source of Common bottlenose dol- phin ...... 0.05091 density data for marine mammal species Estimated that might be encountered in the project Species density Pantropical spotted dolphin 0.00377 (#/km2) a Atlantic spotted dolphin ..... 0.22517 area north of the Falklands was Spinner dolphin ...... 0.01498 AECOM/NSF (2014). For certain species LF Cetaceans: Clymene dolphin ...... 0.01162 not included in the AECOM database, Southern right whale ...... 0.00080 Striped dolphin ...... 0.00719 data from the NOAA Southwest Pygmy right whale ...... N.A. Short-beaked common dol- Fisheries Science Center (SWFSC) Letter Blue whale ...... 0.00005 phin ...... 0.71717 of Authorization (LOA) (2013, in Fin whale ...... 0.01820 Fraser’s dolphin ...... N.A.

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TABLE 6—MARINE MAMMAL DENSITIES TABLE 6—MARINE MAMMAL DENSITIES A harassment or Level B harassment, IN THE PLANNED SURVEY AREA— IN THE PLANNED SURVEY AREA— radial distances from the airgun array to Continued Continued predicted isopleths corresponding to the Level A harassment and Level B Estimated Estimated harassment thresholds are calculated, as Species density Species density described above. Those radial distances 2 a 2 a (#/km ) (#/km ) are then used to calculate the area(s) Dusky dolphin ...... b 0.12867 Crabeater seal ...... 0.00649 around the airgun array predicted to be Southern right whale dol- Leopard seal ...... 0.00162 ensonified to sound levels that exceed phin ...... 0.00616 Southern elephant seal ..... 0.00155 the Level A harassment and Level B Killer whale ...... 0.01538 harassment thresholds. The area Short-finned pilot whale .... 0.00209 N.A. indicates density estimate is not avail- estimated to be ensonified in a single Long-finned pilot whale ..... 0.21456 able. a See Appendix B in SIO’s IHA application day of the survey is then calculated False killer whale ...... N.A. for density sources. (Table 7), based on the areas predicted HF Cetaceans: b Density provided is for shallow water to be ensonified around the array and Pygmy sperm whale ...... N.A. (<100 m depth). A correction factor for den- Dwarf sperm whale ...... N.A. sities in deeper water was applied (see Ap- the estimated trackline distance traveled Hourglass dolphin ...... 0.14871 pendix B in the IHA application). per day. This number is then multiplied Peale’s dolphin ...... 0.03014 by the number of survey days. The Commerson’s dolphin ...... b 0.06763 Take Calculation and Estimation product is then multiplied by 1.25 to Spectacled porpoise ...... b 0.00150 Here we describe how the information account for the additional 25 percent Otariids Antarctic fur seal ...... 0.00017 provided above is brought together to contingency. This results in an estimate 2 South American fur seal ... 0.01642 produce a quantitative take estimate. In of the total area (km ) expected to be Subantarctic fur seal ...... 0.00034 order to estimate the number of marine ensonified to the Level A and Level B South American sea lion ... 0.00249 mammals predicted to be exposed to harassment thresholds for each survey Phocids: sound levels that would result in Level type (Table 7).

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

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

5-kt survey with 2-m airgun Level B Harassment (160 dB) separation.

Deep water ...... 539 18.8 16 1.25 376 Intermediate water ...... 809 147.32 16 1.25 2,946.4 Shallow water ...... 1,295 133.44 16 1.25 2,668.8

Level A Harassment

LF cetacean ...... 6.5 2.89 16 1.25 57.8 MF cetacean ...... 1 0.44 16 1.25 8.8 HF cetacean...... 34.6 15.37 16 1.25 307.4 Phocids ...... 5.5 2.44 16 1.25 48.8 Otariids ...... 0.5 0.22 16 1.25 4.4

8-kt survey with 8-m airgun Level B Harassment (160 dB) separation.

Deep water ...... 578 25.64 12 1.25 384.6 Intermediate water ...... 867 284.93 12 1.25 4,273.95 Shallow water ...... 1,400 220.58 12 1.25 3308.7

Level A Harassment

LF cetacean ...... 3.1 2.22 12 1.25 33.3 MF cetacean ...... 0 0 12 1.25 0 HF cetacean ...... 34.8 24.93 12 1.25 373.95 Phocids ...... 4 2.86 12 1.25 42.9 Otariids ...... 0 0 12 1.25 0

The total ensonified areas (km2) for ensonified area for all survey activities each criteria presented in Table 7 were (Table 8). summed to determine the total

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TABLE 8—TOTAL ENSONIFIED AREAS (km2) FOR ALL SURVEYS

Total ensonified Criteria area (km2) for all surveys

160 dB Level B (all depths) ...... 13,958.45 160 dB Level B (shallow water) ...... 760.60 160 dB Level B (intermediate water) ...... 7,220.35 160 dB Level B (deep water) ...... 5,977.50 LF cetacean Level A ...... 91.10 MF cetacean Level A ...... 8.80 HF cetacean Level A ...... 681.35 Phocids Level A ...... 91.70 Otariids Level A ...... 4.40

The marine mammals predicted to consideration of the required mitigation expected to minimize the potential for occur within these respective areas, measures (see Mitigation section below), Level A harassment, some Level A take based on estimated densities (Table 6), Level A take of low frequency cetaceans, of high-frequency cetaceans has been are assumed to be incidentally taken. mid frequency cetaceans, otariid authorized. Estimated exposures for the While some takes by Level A pinnipeds, and phocid pinnipeds is not planned survey are shown in Table 9. harassment have been estimated, based expected to occur and has not been on the nature of the activity and in authorized. While mitigation is TABLE 9—CALCULATED AND AUTHORIZED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF STOCK EXPOSED

Calculated Calculated Authorized Authorized Percent of Species Level B Level A Level B Level A Total take population

LF Cetaceans: Southern right whale ...... 11 0 11 0 11 0.3 Pygmy right whale ...... a 2 0 2 ...... Blue whale ...... 1 0 a 3 0 3 <0.1 Fin whale ...... 252 2 254 0 254 1.7 Sei whale ...... 88 1 89 0 89 0.9 Common (dwarf) minke whale ...... 1080 7 1087 0 1087 0.2 Antarctic minke whale ...... 1080 7 1087 0 1087 0.2 Humpback whale...... 9 0 9 0 9 <0.1 MF Cetaceans: Sperm whale ...... 29 0 29 0 29 0.2 Arnoux’s beaked whale ...... 159 0 159 0 159 <0.1 Cuvier’s beaked whale ...... 8 0 8 0 8 <0.1 Southern bottlenose whale ...... 110 0 110 0 110 <0.1 Shepherd’s beaked whale ...... 88 0 88 0 88 ...... Blainville’s beaked whale ...... 7 0 a 7 0 7 ...... Gray’s beaked whale ...... 26 0 26 0 26 <0.1 Hector’s beaked whale ...... 3 0 3 0 3 ...... True’s beaked whale ...... 1 0 a 2 0 2 ...... Strap-toothed beaked whale ...... 8 0 8 0 8 <0.1 Andrew’s beaked whale ...... 2 0 a 2 0 2 ...... Spade-toothed beaked whale ...... 1 0 ...... 0 2 ...... Risso’s dolphin...... 61 0 61 0 61 0.3 Rough-toothed dolphin ...... 83 0 83 0 83 ...... Common bottlenose dolphin ...... 711 0 711 0 711 0.9 Pantropical spotted dolphin ...... 53 0 53 0 53 1.6 Atlantic spotted dolphin ...... 3,143 0 3,143 0 3,143 7.0 Spinner dolphin ...... 209 0 209 0 209 ...... Clymene dolphin ...... 162 0 162 0 162 ...... Striped dolphin ...... 100 0 100 0 100 0.2 Short-beaked common dolphin ...... 10,004 6 10,010 0 10,010 14.3 Fraser’s dolphin ...... a 283 0 283 ...... Dusky dolphin ...... 1,034 1 1,035 0 1,035 14.3 Southern right whale dolphin ...... 86 0 86 0 86 ...... Killer whale ...... 215 0 215 0 215 0.9 Short-finned pilot whale ...... 29 0 a 41 0 41 <0.1 Long-finned pilot whale ...... 2,993 2 2,995 0 2,995 1.5 False killer whale ...... a 5 0 5 ...... HF Cetaceans: Pygmy sperm whale ...... b 2 0 2 ...... Dwarf sperm whale ...... b 2 0 2 ...... Hourglass dolphin ...... 1,975 101 2,026 c 50 2,076 1.4 Peale’s dolphin ...... 400 21 411 c 20 421 2.1 Commerson’s dolphin ...... 94 46 117 c 23 140 0.7 Spectacled porpoise...... 2 1 3 0 3 ...... Otariids: Antarctic fur seal ...... 2 0 2 0 2 <0.1 South American fur seal ...... 229 0 229 0 229 0.2 Subantarctic fur seal ...... 5 0 5 0 5 <0.1 South American sea lion ...... 35 0 35 0 35 <0.1 Phocids: Crabeater seal ...... 90 1 91 0 91 <0.1 Leopard seal ...... 23 0 23 0 23 <0.1

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

Calculated Calculated Authorized Authorized Percent of Species Level B Level A Level B Level A Total take population

Southern elephant seal ...... 22 0 22 0 22 <0.1 a Authorized take increased to mean group size from Bradford (2017) if available. Mean group sizes for pygmy right whale and false killer whale from Jefferson et al. (2015) and Mobley et al. (2000), respectively. b Authorized take increased to maximum group size from Barlow (2016). c Authorized Level A takes revised from proposed to reflect potential for Level A exposures when mitigation not practicable.

For some marine mammal species, we estimated take, 25 percent has been stocks, and their habitat This considers authorize a different number of added in the form of operational survey the nature of the potential adverse incidental takes than the number days to account for the possibility of impact being mitigated (likelihood, requested by SIO (see Table 4 in the IHA additional seismic operations associated scope, range). It further considers the application for requested take numbers). with airgun testing and repeat coverage likelihood that the measure will be SIO requested Level A takes of fin of any areas where initial data quality is effective if implemented (probability of whales, sei whales, common and sub-standard, and in recognition of the accomplishing the mitigating result if Antarctic minke whales, short-beaked uncertainties in the density estimates implemented as planned), the common dolphins, dusky dolphins, used to estimate take as described likelihood of effective implementation long-finned pilot whales, and crabeater above. Additionally, marine mammals (probability implemented as planned); seals; however, due to very small zones would be expected to move away from and corresponding to Level A harassment for a loud sound source that represents an (2) The practicability of the measures low-frequency cetaceans, mid-frequency aversive stimulus, such as an airgun for applicant implementation, which cetaceans, and phocid pinnipeds, we array, potentially reducing the may consider such things as cost, have determined the likelihood of Level likelihood of takes by Level A impact on operations, and, in the case A take occurring for species from these harassment. However, the extent to of a military readiness activity, functional hearing groups is so low as which marine mammals would move personnel safety, practicality of to be discountable, therefore we do not away from the sound source is difficult implementation, and impact on the authorize Level A take of these species. to quantify and is, therefore, not effectiveness of the military readiness Note that the Level A takes that were accounted for in the take estimates. activity. calculated for these species have been SIO has reviewed mitigation measures Mitigation added to the number of Level B takes. employed during seismic research While we initially discounted the In order to issue an IHA under surveys authorized by NMFS under calculated Level A takes of hourglass Section 101(a)(5)(D) of the MMPA, previous incidental harassment dolphins, Peale’s dolphins, NMFS must set forth the permissible authorizations, as well as recommended Commerson’s dolphins, and spectacled methods of taking pursuant to such best practices in Richardson et al. porpoises, due to the very small zone activity, and other means of effecting (1995), Pierson et al. (1998), Weir and corresponding to Level A harassment for the least practicable impact on such Dolman (2007), Nowacek et al. (2013), high-frequency cetaceans, after informal species or stock and its habitat, paying Wright (2014), and Wright and discussions with the Commission, we particular attention to rookeries, mating Cosentino (2015), and has incorporated have determined that authorization of grounds, and areas of similar a suite of required mitigation measures some Level A take of hourglass significance, and on the availability of into their project description based on dolphins, Peale’s dolphins, and such species or stock for taking for the above sources. Commerson’s dolphins may be certain subsistence uses (latter not To reduce the potential for warranted, due to their higher relative applicable for this action). NMFS disturbance from acoustic stimuli densities, and have therefore authorized regulations require applicants for associated with the activities, SIO is one half of the calculated Level A takes incidental take authorizations to include required to implement mitigation of these species (Table 9). The other half information about the availability and measures for marine mammals. of the calculated Level A takes of these feasibility (economic and technological) Mitigation measures that are required to species have been added to their of equipment, methods, and manner of be implemented during the planned respective Level B takes. While the conducting such activity or other means surveys include (1) Vessel-based visual Level A harassment zone for spectacled of effecting the least practicable adverse mitigation monitoring; (2) Establishment porpoises is equal to that of hourglass impact upon the affected species or of a marine mammal exclusion zone dolphins, Peale’s dolphins, and stocks and their habitat (50 CFR (EZ) and buffer zone; (3) shutdown Commerson’s dolphins, due to their 216.104(a)(11)). procedures; (4) ramp-up procedures; lower density, we have determined that In evaluating how mitigation may or and (4) vessel strike avoidance the likelihood of Level A take occurring may not be appropriate to ensure the measures. for spectacled porpoises is so low as to least practicable adverse impact on be discountable. Therefore, we have not species or stocks and their habitat, as Vessel-Based Visual Mitigation authorized Level A take of this species, well as subsistence uses where Monitoring and the calculated Level A takes have applicable, we carefully consider two Visual monitoring requires the use of been added to the number of Level B primary factors: trained observers (herein referred to as takes. (1) The manner in which, and the visual PSOs) to scan the ocean surface It should be noted that the authorized degree to which, the successful visually for the presence of marine take numbers shown in Table 9 are implementation of the measure(s) is mammals. PSO observations must take expected to be conservative for several expected to reduce impacts to marine place during all daytime airgun reasons. First, in the calculations of mammals, marine mammal species or operations and nighttime start ups (if

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applicable) of the airguns. If airguns are Exclusion Zone and Buffer Zone outside the EZ) must be communicated operating throughout the night, An EZ is a defined area within which to the operator to prepare for potential observations must begin 30 minutes occurrence of a marine mammal triggers shutdown of the acoustic source. The prior to sunrise. If airguns are operating mitigation action intended to reduce the buffer zone is discussed further under after sunset, observations must continue potential for certain outcomes, e.g., Ramp Up Procedures below. An extended EZ of 500 m must be until 30 minutes following sunset. auditory injury, disruption of critical enforced for all beaked whales, Kogia Following a shutdown for any reason, behaviors. The PSOs must establish a species, and Southern right whales. SIO observations must occur for at least 30 minimum EZ with a 100 m radius for must also enforce a 500-m EZ for minutes prior to the planned start of the airgun array. The 100-m EZ must be aggregations of six or more large whales airgun operations. Observations must based on radial distance from any (i.e., sperm whale or any ) also 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. being based on the center of the array feeding, socializing, etc.) or a large Observations must also be made during or around the vessel itself). With certain whale with a calf (calf defined as an daytime periods when the Thompson is exceptions (described below), if a animal less than two-thirds the body underway without seismic operations, marine mammal appears within, enters, size of an adult observed to be in close such as during transits, to allow for or appears on a course to enter this association with an adult). comparison of sighting rates and zone, the acoustic source must be shut behavior with and without airgun down (see Shutdown Procedures Shutdown Procedures operations and between acquisition below). If a marine mammal is detected periods. Airgun operations must be The 100-m radial distance of the suspended when marine mammals are outside the EZ but is likely to enter the standard EZ is precautionary in the EZ, the airguns must be shut down observed within, or about to enter, the sense that it would be expected to designated EZ (as described below). before the animal is within the EZ. contain sound exceeding injury criteria Likewise, if a marine mammal is already During seismic operations, three for all marine mammal hearing groups within the EZ when first detected, the visual PSOs must be based aboard the (Table 5) while also providing a airguns must be shut down Thompson. PSOs must be appointed by consistent, reasonably observable zone immediately. SIO with NMFS approval. One within which PSOs would typically be Following a shutdown, airgun activity dedicated PSO must monitor the EZ able to conduct effective observational must not resume until the marine during all daytime seismic operations. effort. In this case, the 100-m radial mammal has cleared the 100-m EZ. The PSO(s) must be on duty in shifts of distance is also expected to contain animal is considered to have cleared the duration no longer than 4 hours. Other sound that would exceed the Level A 100-m EZ if the following conditions vessel crew must also be instructed to harassment threshold based on sound have been met: assist in detecting marine mammals and exposure level (SELcum) criteria for all • It is visually observed to have in implementing mitigation marine mammal hearing groups (Table departed the 100-m EZ; requirements (if practical). Before the 5). In the 2011 Programmatic • it has not been seen within the 100- start of the seismic survey, the crew Environmental Impact Statement for m EZ for 15 min in the case of small must be given additional instruction in marine scientific research funded by the odontocetes and pinnipeds; or detecting marine mammals and National Science Foundation or the U.S. • it has not been seen within the 100- implementing mitigation requirements. Geological Survey (NSF–USGS 2011), m EZ for 30 min in the case of The Thompson is a suitable platform Alternative B (the Preferred Alternative) mysticetes and large odontocetes, from which PSOs would watch for conservatively applied a 100-m EZ for including sperm, pygmy sperm, beaked marine mammals. Standard equipment all low-energy acoustic sources in water whales, pilot whales, and Risso’s for marine mammal observers would be depths >100 m, with low-energy dolphins. 7 x 50 reticule binoculars and optical acoustic sources defined as any towed This shutdown requirement must be range finders. At night, night-vision acoustic source with a single or a pair in place for all marine mammals, with equipment would be available. The of clustered airguns with individual the exception of small delphinoids observers must be in communication volumes of ≤250 in3. Thus the 100-m EZ under certain circumstances. As defined with ship’s officers on the bridge and required for this survey is consistent here, the small delphinoid group is scientists in the vessel’s operations with the PEIS. intended to encompass those members laboratory, so they can advise promptly Our intent in prescribing a standard of the Family Delphinidae most likely to of the need for avoidance maneuvers or EZ distance is to (1) encompass zones voluntarily approach the source vessel seismic source shutdown. within which auditory injury could for purposes of interacting with the The PSOs must have no tasks other occur on the basis of instantaneous vessel and/or airgun array (e.g., bow than to conduct observational effort, exposure; (2) provide additional riding). This exception to the shutdown record observational data, and protection from the potential for more requirement applies solely to specific communicate with and instruct relevant severe behavioral reactions (e.g., panic, genera of small dolphins—Delphinus, vessel crew with regard to the presence antipredator response) for marine Lagenodelphis, Lagenorhynchus, of marine mammals and mitigation mammals at relatively close range to the Lissodelphis, Stenella, Steno, and requirements. PSO resumes must be acoustic source; (3) provide consistency Tursiops—and only applies if the provided to NMFS for approval. At least for PSOs, who need to monitor and animals were traveling, including one PSO must have a minimum of 90 implement the EZ; and (4) define a approaching the vessel. If, for example, days at-sea experience working as PSOs distance within which detection an animal or group of animals is during a seismic survey. One probabilities are reasonably high for stationary for some reason (e.g., feeding) ‘‘experienced’’ visual PSO must be most species under typical conditions. and the source vessel approaches the designated as the lead for the entire PSOs must also establish and monitor animals, the shutdown requirement protected species observation team. The a 200-m buffer zone. During use of the applies. An animal with sufficient lead will serve as primary point of acoustic source, occurrence of marine incentive to remain in an area rather contact for the vessel operator. mammals within the buffer zone (but than avoid an otherwise aversive

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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, shutdown must be to PSOs documenting that appropriate Ramp-Up Procedures implemented. 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 practicability concerns without likely source if the signal is sufficiently justification for any planned nighttime commensurate benefits for the animals aversive prior to its reaching full ramp-up. in question. Small delphinoids are intensity. Ramp-up is required after the generally the most commonly observed array is shut down for any reason for Vessel Strike Avoidance Measures marine mammals in the specific longer than 15 minutes. Ramp-up must Vessel strike avoidance measures are geographic region and would typically begin with the activation of one 45 in3 intended to minimize the potential for be the only marine mammals likely to airgun, with the second 45 in3 airgun collisions with marine mammals. These intentionally approach the vessel. As activated after 5 minutes. requirements do not apply in any case described above, auditory injury is Two PSOs are required to monitor where compliance would create an extremely unlikely to occur for mid- during ramp-up. During ramp up, the imminent and serious threat to a person frequency cetaceans (e.g., delphinids), PSOs must monitor the EZ, and if or vessel or to the extent that a vessel as this group is relatively insensitive to marine mammals were observed within is restricted in its ability to maneuver sound produced at the predominant the EZ or buffer zone, a shutdown must and, because of the restriction, cannot frequencies in an airgun pulse while be implemented as though the full array comply. also having a relatively high threshold were operational. If airguns have been The required measures include the for the onset of auditory injury (i.e., shut down due to PSO detection of a following: Vessel operator and crew permanent threshold shift). marine mammal within or approaching must maintain a vigilant watch for all A large body of anecdotal evidence the 100 m EZ, ramp-up must not be marine mammals and slow down or indicates that small delphinoids initiated until all marine mammals have stop the vessel or alter course to avoid commonly approach vessels and/or cleared the EZ, during the day or night. striking any marine mammal. A visual towed arrays during active sound Criteria for clearing the EZ is as observer aboard the vessel must monitor production for purposes of bow riding, described above. a vessel strike avoidance zone around with no apparent effect observed in Thirty minutes of pre-clearance the vessel according to the parameters those delphinoids (e.g., Barkaszi et al., observation are required prior to ramp- stated below. Visual observers 2012). The potential for increased up for any shutdown of longer than 30 monitoring the vessel strike avoidance shutdowns resulting from such a minutes (i.e., if the array were shut zone may be either third-party observers measure would require the Thompson down during transit from one line to or crew members, but crew members to revisit the missed track line to another). This 30-minute pre-clearance responsible for these duties must be reacquire data, resulting in an overall period may occur during any vessel provided sufficient training to increase in the total sound energy input activity (i.e., transit). If a marine distinguish marine mammals from other to the marine environment and an mammal were observed within or phenomena. Vessel strike avoidance increase in the total duration over approaching the 100 m EZ during this measures must be followed during which the survey is active in a given pre-clearance period, ramp-up must not surveys and while in transit. area. Although other mid-frequency be initiated until all marine mammals The vessel must maintain a minimum hearing specialists (e.g., large cleared the EZ. Criteria for clearing the separation distance of 100 m from large delphinoids) are no more likely to incur EZ would be as described above. If the whales (i.e., baleen whales and sperm auditory injury than are small airgun array has been shut down for whales). If a large whale is within 100 delphinoids, they are much less likely reasons other than mitigation (e.g., m of the vessel, the vessel must reduce to approach vessels. Therefore, retaining mechanical difficulty) for a period of speed and shift the engine to neutral, a power-down/shutdown requirement less than 30 minutes, it may be activated and must not engage the engines until for large delphinoids would not have again without ramp-up if PSOs have the whale has moved outside of the similar impacts in terms of either maintained constant visual observation vessel’s path and the minimum practicability for the applicant or and no detections of any marine separation distance has been corollary increase in sound energy mammal have occurred within the EZ or established. If the vessel is stationary, output and time on the water. We do buffer zone. Ramp-up must be planned the vessel must not engage engines until anticipate some benefit for a shutdown to occur during periods of good the whale(s) has moved out of the requirement for large delphinoids in visibility when possible. However, vessel’s path and beyond 100 m. The that it simplifies somewhat the total ramp-up is allowed at night and during vessel must maintain a minimum range of decision-making for PSOs and poor visibility if the 100 m EZ and 200 separation distance of 50 m from all may preclude any potential for m buffer zone have been monitored by other marine mammals (with the physiological effects other than to the visual PSOs for 30 minutes prior to exception of delphinids of the genera auditory system as well as some more ramp-up. Delphinus, Lagenodelphis, severe behavioral reactions for any such The operator is required to notify a Lagenorhynchus, Lissodelphis, Stenella, animals in close proximity to the source designated PSO of the planned start of Steno, and Tursiops that approach the vessel. ramp-up as agreed-upon with the lead vessel, as described above). If an animal Shutdown of the acoustic source is PSO; the notification time must not be is encountered during transit, the vessel also required upon observation of a less than 60 minutes prior to the must attempt to remain parallel to the

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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 kt 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). 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 required measures, NMFS has SIO submitted a marine mammal shutdown of the airguns when a marine determined that the required mitigation monitoring and reporting plan in their mammal is within or near the EZ. When measures provide the means effecting IHA application. Monitoring that is a sighting is made, the following the least practicable impact on the designed specifically to facilitate information about the sighting must be affected species or stocks and their mitigation measures, such as monitoring recorded: habitat, paying particular attention to of the EZ to inform potential shutdowns (1) Species, group size, age/size/sex rookeries, mating grounds, and areas of of the airgun array, are described above categories (if determinable), behavior similar significance. and are not repeated here. SIO’s when first sighted and after initial monitoring and reporting plan includes Monitoring and Reporting sighting, heading (if consistent), bearing the following measures: and distance from seismic vessel, In order to issue an IHA for an Vessel-Based Visual Monitoring sighting cue, apparent reaction to the activity, Section 101(a)(5)(D) of the airguns or vessel (e.g., none, avoidance, MMPA states that NMFS must set forth As described above, PSO observations approach, paralleling, etc.), and requirements pertaining to the must take place during daytime airgun behavioral pace; and monitoring and reporting of such taking. operations and nighttime start-ups (if (2) Time, location, heading, speed, The MMPA implementing regulations at applicable) of the airguns. During activity of the vessel, sea state, 50 CFR 216.104 (a)(13) indicate that seismic operations, three visual PSOs visibility, and sun glare. requests for authorizations must include must be based aboard the Thompson. All observations and shutdowns must the suggested means of accomplishing PSOs must be appointed by SIO with be recorded in a standardized format. the necessary monitoring and reporting NMFS approval. The PSOs must have Data must be entered into an electronic that will result in increased knowledge successfully completed relevant database. The accuracy of the data entry of the species and of the level of taking training, including completion of all must be verified by computerized data or impacts on populations of marine required coursework and passing a validity checks as the data are entered mammals that are expected to be written and/or oral examination and by subsequent manual checking of present in the planned action area. developed for the training program, and the database. These procedures allow Effective reporting is critical both to must have successfully attained a initial summaries of data to be prepared compliance as well as ensuring that the bachelor’s degree from an accredited during and shortly after the field most value is obtained from the required college or university with a major in one program and facilitate transfer of the monitoring. of the natural sciences and a minimum data to statistical, graphical, and other Monitoring and reporting of 30 semester hours or equivalent in programs for further processing and requirements prescribed by NMFS the biological sciences and at least one archiving. The time, location, heading, should contribute to improved undergraduate course in math or speed, activity of the vessel, sea state, understanding of one or more of the statistics. The educational requirements visibility, and sun glare must also be following: may be waived if the PSO has acquired • recorded at the start and end of each Occurrence of marine mammal the relevant skills through alternate observation watch, and during a watch species or stocks in the area in which training, including (1) secondary whenever there is a change in one or take is anticipated (e.g., presence, education and/or experience more of the variables. abundance, distribution, density). comparable to PSO duties; (2) previous • Results from the vessel-based Nature, scope, or context of likely work experience conducting academic, observations must provide: marine mammal exposure to potential commercial, or government-sponsored (1) The basis for real-time mitigation stressors/impacts (individual or marine mammal surveys; or (3) previous (e.g., airgun shutdown); cumulative, acute or chronic), through work experience as a PSO; the PSO (2) Information needed to estimate the better understanding of: (1) Action or should demonstrate good standing and number of marine mammals potentially environment (e.g., source consistently good performance of PSO taken by harassment, which must be characterization, propagation, ambient duties. reported to NMFS; noise); (2) affected species (e.g., life During the majority of seismic (3) Data on the occurrence, history, dive patterns); (3) co-occurrence operations, one PSO is required to distribution, and activities of marine of marine mammal species with the monitor for marine mammals around mammals in the area where the seismic action; or (4) biological or behavioral the seismic vessel. PSOs must be on study is conducted; context of exposure (e.g., age, calving or duty in shifts of duration no longer than (4) Information to compare the feeding areas). 4 hours. Other crew must also be distance and distribution of marine • Individual marine mammal instructed to assist in detecting marine mammals relative to the source vessel at responses (behavioral or physiological) mammals and in implementing times with and without seismic activity; to acoustic stressors (acute, chronic, or mitigation requirements (if practical). and cumulative), other stressors, or During daytime, PSOs must scan the (5) Data on the behavior and cumulative impacts from multiple area around the vessel systematically movement patterns of marine mammals stressors. with reticle binoculars (e.g., 7×50 seen at times with and without seismic • How anticipated responses to Fujinon) and with the naked eye. At activity. stressors impact either: (1) Long-term night, PSOs must be equipped with fitness and survival of individual night-vision equipment. Reporting marine mammals; or (2) populations, PSOs must record data to estimate the A draft report must be submitted to species, or stocks. numbers of marine mammals exposed to NMFS within 90 days after the end of

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the survey. The report must describe the of any responses (e.g., intensity, be expected to result in PTS, given operations that were conducted and duration), the context of any responses sufficient notice of the Thompson’s sightings of marine mammals near the (e.g., critical reproductive time or approach due to the vessel’s relatively operations. The report must provide full location, migration), as well as effects low speed when conducting seismic documentation of methods, results, and on habitat, and the likely effectiveness surveys. We expect that the majority of interpretation pertaining to all of the mitigation. We also assess the takes would be in the form of short-term monitoring and would summarize the number, intensity, and context of Level B behavioral harassment in the dates and locations of seismic estimated takes by evaluating this form of temporary avoidance of the area operations, including percentage of time information relative to population or decreased foraging (if such activity and total time the array is active during status. Consistent with the 1989 were occurring), reactions that are daylight vs nighttime hours (including preamble for NMFS’s implementing considered to be of low severity and dawn and dusk), and all marine regulations (54 FR 40338; September 29, with no lasting biological consequences mammal sightings (dates, times, 1989), the impacts from other past and (e.g., Southall et al., 2007). locations, activities, associated seismic ongoing anthropogenic activities are Potential impacts to marine mammal survey activities). The report must also incorporated into this analysis via their habitat were discussed in the Federal include estimates of the number and impacts on the environmental baseline Register Notice for the Proposed IHA nature of exposures that occurred above (e.g., as reflected in the regulatory status (see Potential Effects of the Specified the harassment threshold based on PSO of the species, population size and Activity on Marine Mammals and their observations. growth rate where known, ongoing Habitat). Marine mammal habitat may The draft report must also include sources of human-caused mortality, or be impacted by elevated sound levels, geo-referenced time-stamped vessel ambient noise levels). but these impacts would be temporary. tracklines for all time periods during To avoid repetition, our analysis Prey species are mobile and are broadly which airguns were operating. applies to all the species listed in Table distributed throughout the project area; Tracklines must include points 1, given that NMFS expects the therefore, marine mammals that may be recording any change in airgun status anticipated effects of the planned temporarily displaced during survey (e.g., when the airguns began operating, seismic survey to be similar in nature. activities are expected to be able to when they were turned off, or when Where there are meaningful differences resume foraging once they have moved they changed from full array to single between species or stocks, or groups of away from areas with disturbing levels gun or vice versa). GIS files must be species, in anticipated individual of underwater noise. Because of the provided in ESRI shapefile format and responses to activities, impact of temporary nature of the disturbance, the include the UTC date and time, latitude expected take on the population due to availability of similar habitat and in decimal degrees, and longitude in differences in population status, or resources in the surrounding area, and decimal degrees. All coordinates must impacts on habitat, NMFS has identified the lack of important or unique marine be referenced to the WGS84 geographic species-specific factors to inform the mammal habitat, the impacts to marine coordinate system. In addition to the analysis. mammals and the food sources that they report, all raw observational data must NMFS does not anticipate that serious utilize are not expected to cause be made available to NMFS. The draft injury or mortality would occur as a significant or long-term consequences report must be accompanied by a result of SIO’s planned seismic survey, for individual marine mammals or their certification from the lead PSO as to the even in the absence of required populations. In addition, there are no accuracy of the report, and the lead PSO mitigation. Thus the authorization does feeding, mating or calving areas known may submit directly NMFS a statement not authorize any mortality. As to be biologically important to marine concerning implementation and discussed in the Potential Effects mammals within the planned project effectiveness of the required mitigation section, non-auditory physical effects, area. and monitoring. A final report must be stranding, and vessel strike are not As described above, marine mammals submitted within 30 days following expected to occur. in the survey area are not assigned to resolution of any comments on the draft We authorized a limited number of NMFS stocks. For purposes of the small report. instances of Level A harassment (Table numbers analysis we rely on the best 9) for three species. However, we available information on the abundance Negligible Impact Analysis and believe that any PTS incurred in marine estimates for the species of marine Determination mammals as a result of the planned mammals that could be taken. The NMFS has defined negligible impact activity would be in the form of only a activity is expected to impact a very as an impact resulting from the small degree of PTS (not total deafness), small percentage of all marine mammal specified activity that cannot be because of the constant movement of populations that would be affected by reasonably expected to, and is not both the Thompson and of the marine SIO’s planned survey (less than 15 reasonably likely to, adversely affect the mammals in the project area, as well as percent each for all marine mammal species or stock through effects on the fact that the vessel is not expected populations where abundance estimates annual rates of recruitment or survival to remain in any one area in which exist). Additionally, the acoustic (50 CFR 216.103). A negligible impact individual marine mammals would be ‘‘footprint’’ of the planned survey would finding is based on the lack of likely expected to concentrate for an extended be very small relative to the ranges of all adverse effects on annual rates of period of time (i.e., since the duration of marine mammals that would potentially recruitment or survival (i.e., population- exposure to loud sounds will be be affected. Sound levels would level effects). An estimate of the number relatively short). A small degree of PTS increase in the marine environment in of takes alone is not enough information that would not be likely to affect the a relatively small area surrounding the on which to base an impact fitness of any individuals, much less the vessel compared to the range of the determination. In addition to population. Also, as described above, marine mammals within the planned considering estimates of the number of we expect that marine mammals would survey area. The seismic array would be marine mammals that might be ‘‘taken’’ be likely to move away from a sound active 24 hours per day throughout the through harassment, NMFS considers source that represents an aversive duration of the planned survey. other factors, such as the likely nature stimulus, especially at levels that would However, the very brief overall duration

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of the planned survey (28 days) would • The anticipated impacts of the The numbers of marine mammals that further limit potential impacts that may planned activity on marine mammals we authorize to be taken would be occur as a result of the planned activity. would primarily be temporary considered small relative to the relevant The required mitigation measures are behavioral changes due to avoidance of populations (less than 15 percent for all expected to reduce the number and/or the area around the survey vessel. The species) for the species for which severity of takes by allowing for relatively short duration of the planned abundance estimates are available. No detection of marine mammals in the survey (28 days) would further limit the known current worldwide or regional vicinity of the vessel by visual and potential impacts of any temporary population estimates are available for 16 acoustic observers, and by minimizing behavioral changes that would occur; species under NMFS jurisdiction that the severity of any potential exposures • The number of instances of PTS could be incidentally taken as a result via shutdowns of the airgun array. that may occur are expected to be very of the planned survey: The pygmy right Based on previous monitoring reports small in number (Table 9). Instances of whale, pygmy sperm whale, dwarf for substantially similar activities that PTS that are incurred in marine sperm whale, Shepherd’s beaked whale, have been previously authorized by mammals would be of a low level, due Blainville’s beaked whale, Hector’s NMFS, we expect that the required to constant movement of the vessel and beaked whale, True’s beaked whale, mitigation will be effective in of the marine mammals in the area, and Andrew’s beaked whale, spade-toothed preventing at least some extent of the nature of the survey design (not beaked whale, rough-toothed dolphin, potential PTS in marine mammals that concentrated in areas of high marine spinner dolphin, Clymene dolphin, may otherwise occur in the absence of mammal concentration); Fraser’s dolphin, southern right whale the required mitigation. • The availability of alternate areas of dolphin, false killer whale, and Of the marine mammal species under similar habitat value for marine spectacled porpoise. our jurisdiction that are likely to occur mammals to temporarily vacate the NMFS has reviewed the geographic in the project area, the following species survey area during the planned survey distributions and habitat preferences of are listed as endangered under the ESA: to avoid exposure to sounds from the these species in determining whether Fin, sei, blue, sperm, and southern right activity; the numbers of takes authorized herein whales. We are proposing to authorize • The planned project area does not are likely to represent small numbers. very small numbers of takes for these contain areas of significance for feeding, Pygmy right whales have a circumglobal species (Table 9), relative to their mating or calving; distribution and occur throughout population sizes (again, for species • The potential adverse effects on fish coastal and oceanic waters in the where population abundance estimates or invertebrate species that serve as prey Southern Hemisphere (between 30 to exist), therefore we do not expect species for marine mammals from the 55° S) (Jefferson et al., 2008). Pygmy and population-level impacts to any of these planned survey would be temporary and dwarf sperm whales occur in deep species. The other marine mammal spatially limited; and waters on the outer continental shelf species that may be taken by harassment • The required mitigation measures, and slope in tropical to temperate during SIO’s seismic survey are not including visual monitoring and waters of the Atlantic, Indian, and listed as threatened or endangered shutdowns, are expected to minimize Pacific Oceans. Based on stranding under the ESA. There is no designated potential impacts to marine mammals. records and the known habitat critical habitat for any ESA-listed Based on the analysis contained preferences of beaked whales in general, marine mammals within the project herein of the likely effects of the Shepherd’s beaked whales are assumed area; of the non-listed marine mammals specified activity on marine mammals to have a circumpolar distribution in for which we have authorized take, and their habitat, and taking into deep, cold temperate waters of the none are considered ‘‘depleted’’ or consideration the implementation of the Southern Ocean (Pitman et al., 2006). ‘‘strategic’’ by NMFS under the MMPA. required monitoring and mitigation Blainville’s beaked whale is the most NMFS concludes that exposures to measures, NMFS finds that the total widely distributed beaked Mesoplodon marine mammal species due to SIO’s marine mammal take from the planned species with sightings and stranding planned seismic survey would result in activity will have a negligible impact on records throughout the North and South only short-term (temporary and short in all affected marine mammal species or Atlantic Ocean (MacLeod et al., 2006). duration) behavioral disruption of stocks. Hector’s beaked whales are found in individuals exposed, or some small cold temperate waters throughout the degree of PTS to a very small number Small Numbers southern hemisphere between 35° S and of individuals of four species. Marine As noted above, only small numbers 55° S (Zerbini and Secchi 2001). True’s mammals may temporarily avoid the of incidental take may be authorized beaked whales occur in the Southern immediate area, but are not expected to under Sections 101(a)(5)(A) and (D) of hemisphere from the western Atlantic permanently abandon the area. Major the MMPA for specified activities other Ocean to the Indian Ocean to the waters shifts in habitat use, distribution, or than military readiness activities. The of southern Australia and possibly New foraging success are not expected. MMPA does not define small numbers Zealand (Jefferson et al., 2008). NMFS does not anticipate the and so, in practice, where estimated Andrew’s beaked whales have a authorized take to impact annual rates numbers are available, NMFS compares circumpolar distribution north of the of recruitment or survival. the number of individuals taken to the Antarctic Convergence to 32° S In summary and as described above, most appropriate estimation of (MacLeod et al., 2006). Stranding the following factors primarily support abundance of the relevant species or records of spade-toothed beaked whales our determination that the impacts stock in our determination of whether suggest a Southern hemisphere resulting from this activity are not an authorization is limited to small distribution in temperate waters expected to adversely affect the species numbers of marine mammals. between 33° and 44° S in the South or stock through effects on annual rates Additionally, other qualitative factors Pacific, with potential occurrence in the of recruitment or survival: may be considered in the analysis, such southern Atlantic Ocean (MacLeod et • No mortality is anticipated or as the temporal or spatial scale of the al., 2006). Rough-toothed dolphins authorized; activities. occur in tropical and warm temperate

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seas around the world, preferring deep This action is consistent with DEPARTMENT OF COMMERCE offshore waters (Lodi 1992). Spinner categories of activities identified in dolphins are found in tropical, Categorical Exclusion B4 (incidental National Oceanic and Atmospheric subtropical, and, less frequently, warm harassment authorizations with no Administration temperate waters throughout the world anticipated serious injury or mortality) RIN 0648–XR040 (Secchi and Siciliano 1995). The of the Companion Manual for NOAA Clymene dolphin is found in tropical Administrative Order 216–6A, which do Takes of Marine Mammals Incidental to and warm temperate waters of both the not individually or cumulatively have Specified Activities; Taking Marine North and South Atlantic Oceans (Fertl the potential for significant impacts on Mammals Incidental to Long Beach et al., 2003). Fraser’s dolphins are the quality of the human environment Cruise Terminal Improvement Project distributed in tropical oceanic waters and for which we have not identified in the Port of Long Beach, California worldwide, between 30° N and 30° S any extraordinary circumstances that (Moreno et al., 2003). Southern right would preclude this categorical AGENCY: National Marine Fisheries whale dolphins have a circumpolar exclusion. Accordingly, NMFS has Service (NMFS), National Oceanic and distribution and generally occur in deep determined that the issuance of the IHA Atmospheric Administration (NOAA), temperate to sub-Antarctic waters in the qualifies to be categorically excluded Commerce. Southern hemisphere (between 30 to 65° from further NEPA review. ACTION: Notice; proposed incidental S) (Jefferson et al.,2008). Short-finned Endangered Species Act (ESA) harassment authorization; request for pilot whales are found in warm comments on proposed authorization temperate to tropical waters throughout Section 7(a)(2) of the Endangered and possible renewal. the world, generally in deep offshore Species Act of 1973 (ESA: 16 U.S.C. areas (Olson and Reilly, 2002). 1531 et seq.) requires that each Federal SUMMARY: NMFS has received a request Spectacled porpoises occur in oceanic agency insure that any action it from Carnival Corporation & PLC cool temperate to Antarctic waters and authorizes, funds, or carries out is not (Carnival) for authorization to take are circumpolar in high latitude likely to jeopardize the continued marine mammals incidental to the Port Southern hemisphere distribution existence of any endangered or of Long Beach Cruise Terminal (Natalie et al., 2018). threatened species or result in the Improvement Project in Port of Long Based on the broad spatial destruction or adverse modification of Beach, California. Pursuant to the distributions and habitat preferences of designated critical habitat. To ensure Marine Mammal Protection Act these species relative to the areas where ESA compliance for the issuance of (MMPA), NMFS is requesting comments SIO’s planned survey will occur, NMFS IHAs, NMFS consults internally, in this on its proposal to issue an incidental concludes that the authorized take of case with the ESA Interagency harassment authorization (IHA) to these species likely represent small Cooperation Division, whenever we incidentally take marine mammals numbers relative to the affected species’ propose to authorize take for during the specified activities. NMFS is overall population sizes, though we are endangered or threatened species. also requesting comments on a possible unable to quantify the take numbers as The NMFS Office of Protected one-year renewal that could be issued a percentage of population. Resources Interagency Cooperation under certain circumstances and if all Based on the analysis contained Division issued a Biological Opinion on requirements are met, as described in herein of the planned activity (including September 11, 2019, under section 7 of Request for Public Comments at the end the required mitigation and monitoring the ESA, on the issuance of an IHA to of this notice. NMFS will consider measures) and the anticipated take of SIO under section 101(a)(5)(D) of the public comments prior to making any marine mammals, NMFS finds that MMPA by the NMFS Permits and final decision on the issuance of the small numbers of marine mammals will Conservation Division. The Biological requested MMPA authorizations and be taken relative to the population size Opinion concluded that the proposed agency responses will be summarized in of the affected species or stocks. action is not likely to jeopardize the the final notice of our decision. continued existence of fin whale, sei DATES: Comments and information must Unmitigable Adverse Impact Analysis whale, blue whale, sperm whale, and be received no later than November 12, and Determination southern right whale, and is not likely 2019. to destroy or modify critical habitat of There are no relevant subsistence uses ADDRESSES: Comments should be of the affected marine mammal stocks or listed species because no critical habitat addressed to Jolie Harrison, Chief, species implicated by this action. exists for these species in the action Permits and Conservation Division, Therefore, NMFS has determined that area. Office of Protected Resources, National the total taking of affected species or Authorization Marine Fisheries Service. Physical stocks would not have an unmitigable NMFS has issued an IHA to SIO for comments should be sent to 1315 East- adverse impact on the availability of the potential harassment of small West Highway, Silver Spring, MD 20910 such species or stocks for taking for numbers of 49 marine mammal species and electronic comments should be sent subsistence purposes. incidental to a marine geophysical to [email protected]. Instructions: NMFS is not responsible National Environmental Policy Act survey in the southwest Atlantic Ocean, provided the previously mentioned for comments sent by any other method, To comply with the National mitigation, monitoring, and reporting to any other address or individual, or Environmental Policy Act of 1969 are incorporated. received after the end of the comment (NEPA; 42 U.S.C. 4321 et seq.) and period. Comments received NOAA Administrative Order (NAO) Dated: October 7, 2019. electronically, including all 216–6A, NMFS must review our action Donna S. Wieting, attachments, must not exceed a 25- (i.e., the issuance of an incidental Director, Office of Protected Resources, megabyte file size. Attachments to harassment authorization) with respect National Marine Fisheries Service. electronic comments will be accepted in to potential impacts on the human [FR Doc. 2019–22285 Filed 10–10–19; 8:45 am] Microsoft Word or Excel or Adobe PDF environment. BILLING CODE 3510–22–P file formats only. All comments

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