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Atmospheric Administration (NOAA), categories, consolidates existing fur seal DATES: Effective September 20, 2014, to Commerce. authorized takes for studies with similar December 1, 2014. ACTION: Notice; issuance of permit types of incidental disturbance, and ADDRESSES: A copy of the IHA and the amendment. extends the permit for one year. The application are available by writing Jolie permit amendment expires on August Harrison, Chief, Permits and SUMMARY: Notice is hereby given that a 31, 2015. Conservation Division, Office of major amendment to Permit No. 14330– In compliance with the National Protected Resources, National Marine 01 has been issued to the Aleut Environmental Policy Act of 1969 (42 Fisheries Service, 1315 East-West Community of St. Paul Island, Tribal U.S.C. 4321 et seq.), NMFS has Highway, Silver Spring, MD 20910 or by Government, Ecosystem Conservation determined that the activities proposed telephone the contacts listed below (see Office, St. Paul Island, AK 99660. are consistent with the Preferred FOR FURTHER INFORMATION CONTACT). ADDRESSES: The permit amendment and Alternative in the Final Programmatic An electronic copy of the IHA related documents are available for Environmental Impact Statement for application containing a list of the review upon written request or by Steller Sea Lion and Northern Fur Seal references used in this document may appointment in the Permits and Research (NMFS 2007), and that be obtained by writing to the address Conservation Division, Office of issuance of the permit would not have specified above, telephoning the contact Protected Resources, NMFS, 1315 East- a significant adverse impact on the listed here (see FOR FURTHER West Highway, Room 13705, Silver human environment. INFORMATION CONTACT) or visiting the Spring, MD 20910; telephone: (301) As required by the ESA, issuance of Internet at: http://www.nmfs.noaa.gov/ 427–8401; fax: (301) 713–0376. this permit was based on a finding that pr/permits/incidental/. Documents cited FOR FURTHER INFORMATION CONTACT: such permit: (1) Was applied for in good in this notice, including the IHA Brendan Hurley or Amy Sloan; faith; (2) will not operate to the application, may also be viewed by telephone: (301) 427–8401. disadvantage of such endangered appointment, during regular business species; and (3) is consistent with the SUPPLEMENTARY INFORMATION: On July hours, at the aforementioned address. purposes and policies set forth in An ‘‘Environmental Assessment on 17, 2013, notice was published in the section 2 of the ESA. Federal Register (78 FR 42756) that a the Issuance of an Incidental request for an amendment to Permit No. Dated: September 24, 2014. Harassment Authorization to the 14330–01 for research on northern fur Julia Harrison, National Science Foundation and seals (Callorhinus ursinus) and Chief, Permits and Conservation Division, Antarctic Support Contract to Take incidental disturbance to Steller sea Office of Protected Resources, National Marine Mammals by Harassment lions (Eumetopias jubatus) and harbor Marine Fisheries Service. Incidental to a Low-energy Marine seals (Phoca vitulina) had been [FR Doc. 2014–23940 Filed 10–7–14; 8:45 am] Geophysical Survey in the submitted by the above-named BILLING CODE 3510–22–P and South , September to applicant. The requested permit October 2014’’ was prepared by NMFS. amendment has been issued under the NMFS also issued a Biological Opinion authority of the Marine Mammal DEPARTMENT OF COMMERCE under section 7 of the Endangered Protection Act of 1972, as amended (16 Species Act (ESA) to evaluate the effects National Oceanic and Atmospheric of the low-energy seismic survey and U.S.C. 1361 et seq.), the regulations Administration governing the taking and importing of IHA on marine species listed as marine mammals (50 CFR part 216), the RIN 0648–XD256 threatened and endangered. The NMFS Endangered Species Act of 1973, as Biological Opinion is available online amended (ESA; 16 U.S.C. 1531 et seq.), Takes of Marine Mammals Incidental to at: http://www.nmfs.noaa.gov/pr/ the regulations governing the taking, Specified Activities; Low-Energy consultations/opinions.htm. importing, and exporting of endangered Marine Geophysical Survey in the FOR FURTHER INFORMATION CONTACT: and threatened species (50 CFR parts Scotia Sea and South Atlantic Ocean, Howard Goldstein or Jolie Harrison, 222–226), and the Fur Seal Act of 1966, September to October 2014 Office of Protected Resources, NMFS, as amended (16 U.S.C. 1151 et seq.). AGENCY: National Marine Fisheries 301–427–8401. Permit No. 14330–02 authorizes the Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: permit holder to conduct activities to Atmospheric Administration (NOAA), Background fulfill their Biosampling, Commerce. Disentanglement, and Island Sentinel ACTION: Notice; issuance of an Incidental Sections 101(a)(5)(A) and (D) of the program responsibilities as established Harassment Authorization (IHA). MMPA, (16 U.S.C. 1361 et seq.) direct under the co-management agreement the Secretary of Commerce (Secretary) between NMFS and the Aleut SUMMARY: In accordance with the to allow, upon request, the incidental, Communities. Activities include Marine Mammal Protection Act but not intentional, taking of small northern fur seal (1) disentanglement; (MMPA), notification is hereby given numbers of marine mammals by United (2) sample collection from dead animals that NMFS has issued an IHA to the States citizens who engage in a specified and sample export; and (3) haulout and National Science Foundation (NSF) activity (other than commercial fishing) rookery observations, monitoring, and Division of Polar Programs, and within a specified geographical region if remote camera maintenance. The permit Antarctic Support Contract (ASC) on certain findings are made and either amendment authorizes additional takes behalf of two research institutions, regulations are issued or, if the taking is of northern fur seals for new habitat use University of Texas at Austin and limited to harassment, a notice of a studies, incorporates incidental University of Memphis, to take marine proposed authorization is provided to disturbance of Steller sea lions and mammals, by Level B harassment, the public for review. harbor seals during other fur seal incidental to conducting a low-energy An authorization for incidental studies without increasing authorized marine geophysical (seismic) survey in takings shall be granted if NMFS finds takes, consolidates existing fur seal the Scotia Sea and South Atlantic that the taking will have a negligible authorized takes of certain age and sex Ocean, September to October 2014. impact on the species or stock(s), will

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not have an unmitigable adverse impact hydrophone streamer, NSF and ASC including to and from port. Some minor on the availability of the species or intend to operate a single-beam deviation from this schedule is possible, stock(s) for subsistence uses (where echosounder, multi-beam echosounder, depending on logistics and weather relevant), and if the permissible acoustic Doppler current profiler (e.g., the cruise may depart earlier or be methods of taking and requirements (ADCP), and sub-bottom profiler extended due to poor weather; or there pertaining to the mitigation, monitoring continuously throughout the survey. could be additional days of seismic and reporting of such takings are set NMFS published a notice making operations if collected data are deemed forth. NMFS has defined ‘‘negligible preliminary determinations and to be of substandard quality). impact’’ in 50 CFR 216.103 as ‘‘. . . an proposing to issue an IHA on August 5, Specified Geographic Region impact resulting from the specified 2014 (79 FR 45592). The notice initiated activity that cannot be reasonably a 30-day public comment period. The planned project and survey sites expected to, and is not reasonably likely Acoustic stimuli (i.e., increased are located in selected regions of the to, adversely affect the species or stock underwater sound) generated during the Scotia Sea (located northeast of the through effects on annual rates of operation of the seismic airgun array ) and the southern recruitment or survival.’’ may have the potential to cause Atlantic Ocean and focus on two areas: Except with respect to certain behavioral disturbance for marine (1) Between the central rise of the Scotia activities not pertinent here, the MMPA mammals in the survey area. This is the Sea and the East Scotia Sea, and (2) the defines ‘‘harassment’’ as: Any act of principal means of marine mammal far southern Atlantic Ocean pursuit, torment, or annoyance which (i) taking associated with these activities, immediately northeast of South Georgia has the potential to injure a marine and NSF and ASC have requested an towards the northeastern Georgia Rise mammal or marine mammal stock in the (both encompassing the region between authorization to take 26 species of ° ° wild [Level A harassment]; or (ii) has marine mammals by Level B 53 to 58 South, and between 33 to 40 the potential to disturb a marine harassment. Take is not expected to West) (see Figure 2 of the IHA mammal or marine mammal stock in the result from the use of the single-beam application). The majority of the wild by causing disruption of behavioral echosounder, multi-beam echosounder, planned seismic survey will be within patterns, including, but not limited to, ADCP, and sub-bottom profiler, as the the EEZ of the Government of the South migration, breathing, nursing, breeding, brief exposure of marine mammals to Georgia and South Sandwich Islands feeding, or sheltering [Level B one pulse, or small numbers of signals, (United Kingdom) and a limited portion harassment]. to be generated by these instruments in of the seismic survey will be conducted in International Waters. Figure 3 of the Summary of Request this particular case is not likely to result in the harassment of marine mammals. IHA application illustrates the general On April 15, 2014, NMFS received an Also, NMFS does not expect take to bathymetry of the planned study area application from NSF and ASC and the border of the existing South result from collision with the source requesting that NMFS issue an IHA for Georgia Maritime Zone. Water depths in vessel because it is a single vessel the take, by Level B harassment only, of the survey area exceed 1,000 m. There moving at a relatively slow, constant small numbers of marine mammals is limited information on the depths in cruise speed of 5 knots ([kts]; 9.3 incidental to conducting a low-energy the study area and therefore more kilometers per hour [km/hr]; 5.8 miles marine seismic survey in the Exclusive detailed information on bathymetry is per hour [mph]) during seismic Economic Zone (EEZ) of the South not available. The planned seismic acquisition within the survey, for a Georgia and South Sandwich Islands survey will be within an area of relatively short period of time and International Waters (i.e., high seas) approximately 3,953 km2 (1,152.5 (approximately 30 operational days). It in the Scotia Sea and southern Atlantic nmi2). This estimate is based on the is likely that any marine mammal will Ocean during September to October maximum number of kilometers for the 2014. be able to avoid the vessel. seismic survey (2,950 km) multiplied by The research will be conducted by Description of the Specified Activity the predicted rms radii (m) based on two research institutions: University of modeling and empirical measurements Texas at Austin and University of Overview (assuming 100% use of the two 105 in3 Memphis. NSF and ASC plan to use one NSF and ASC plans to use one source GI airguns in greater than 1,000 m water source vessel, the RVIB Nathaniel B. vessel, the Palmer, a two GI airgun array depths), which was calculated to be 675 Palmer (Palmer), and a seismic airgun and one hydrophone streamer to m (2,214.6 ft). array and hydrophone streamer to conduct the conventional seismic collect seismic data in the Scotia Sea survey as part of the NSF-funded Detailed Description of the Specified and southern Atlantic Ocean. The vessel research project ‘‘Role of Central Scotia Activity will be operated by ASC, which Sea Floor and North Scotia Ridge in the NSF and ASC plans to conduct a low- operates the United States Antarctic Onset and Development of the Antarctic energy seismic survey in the Scotia Sea Program (USAP) under contract with Circumpolar Current.’’ In addition to the and the southern Atlantic Ocean from NSF. In support of the USAP, NSF and airguns, NSF and ASC intend to September to October 2014. In addition ASC plan to use conventional low- conduct a bathymetric survey, dredge to the low-energy seismic survey, energy, seismic methodology to perform sampling, and geodetic measurements scientific activities will include marine-based studies in the Scotia Sea, from the Palmer during the low-energy conducting a bathymetric profile survey including evaluation of lithosphere seismic survey. of the seafloor using transducer-based adjacent to and beneath the Scotia Sea instruments such as a multi-beam and southern Atlantic Ocean in two Dates and Duration echosounder and sub-bottom profiler; areas, the South Georgia micro- The Palmer is expected to depart from collecting global positioning system continent and the seafloor of the eastern Punta Arenas, on approximately (GPS) information through the portion of the central Scotia Sea (see September 20, 2014 and arrive at Punta temporary installation of three Figures 1 and 2 of the IHA application). Arenas, Chile on approximately October continuous Global Navigation Satellite In addition to the planned operations of 20, 2014. Research operations will be Systems (cGNSS) on the South Georgia the seismic airgun array and conducted over a span of 30 days, micro-continent; and collecting dredge

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sampling around the edges of seamounts meters of water per second). This event of the North Scotia Ridge, also an or ocean floor with significant magnetic is widely believed to be closely impediment to the present Antarctic anomalies to determine the nature and associated in time with a major, abrupt Circumpolar Current. The Principal age of bathymetric highs near the drop in global temperatures and the Investigators are Dr. Ian Dalziel and Dr. eastern edge of the central Scotia Sea. rapid expansion of the Antarctic ice Lawrence Lawver of the University of Water depths in the survey area are sheets at 33 to 34 Million Annus (Ma, Texas at Austin, and Dr. Robert Smalley greater than 1,000 meters (m) (3,280.1 i.e., million years from the present/ of the University of Memphis. feet [ft]). The seismic survey is before the current date), the - The procedures to be used for the scheduled to occur for a total of boundary. survey will be similar to those used approximately 325 hours over the The events leading to the complete during previous low-energy seismic course of the entire cruise, which will opening of the Drake Passage gateway surveys by NSF and will use be for approximately 30 operational are very poorly known. The uncertainty conventional seismic methodology. The days in September to October 2014. The is due to the complex tectonic history of planned survey will involve one source planned seismic survey will be the Scotia Sea and its enclosing Scotia vessel, the Palmer. NSF and ASC will conducted during the day and night, Ridge, the eastward-closing, locally deploy a two Sercel Generator Injector and for up to 40 hours of continuous emergent submarine ridge that joins the (GI) airgun array (each with a discharge operations at a time. The operation southernmost to the Antarctic volume of 105 in3 [1,720 cm3], in one hours and survey length will include Peninsula and deflects the Antarctic string, with a total volume of 210 in3 equipment testing, ramp-up, line Circumpolar Current through gaps in its [3,441.3 cm3]) as an energy source, at a changes, and repeat coverage. The long northern limb. The critical keys to this tow depth of up to 3 to 4 m (9.8 to 13.1 transit time between port and the study problem are the enigmatic floor of the ft) below the surface (more information site constrains how long the ship can be central Scotia Sea between the high on the airguns can be found in in the study area and effectively limits relief South Georgia (approximately Appendix B of the IHA application). A the maximum amount of time the 3,000 m [9,842.5 ft]) and the lower third airgun will serve as a ‘‘hot spare’’ airguns can operate. Some minor (approximately to be used as a back-up in the event that deviation from these dates will be 1,200 m [3,937 ft]), emergent parts of one of the two operating airguns possible, depending on logistics and micro-continental blocks on the North malfunctions. The airguns in the array weather. and South Scotia ridges respectively, will be spaced approximately 3 m (9.8 The low-energy seismic survey of the and the North Scotia Ridge itself. ft) apart and 15 to 40 m (49.2 to 131.2 Scotia Sea and southern Atlantic Ocean In 2008, an International Polar Year ft) astern of the vessel. The receiving will involve conducting single channel research program was conducted using system will consist of one or two 100 m seismic reflection profiling across the the RVIB Nathaniel B. Palmer (Palmer) (328.1 ft) long, 24-channel, solid-state northern central Scotia Sea along two (Cruise NBP 0805) that was designed to hydrophone streamer(s) towed behind lines that cross the seismically active elucidate the structure and history of the vessel. Data acquisition is planned and apparently compressive boundary this area to help provide the constraints along a series of predetermined lines, all between the South Georgia micro- necessary for understanding of the of which will be in water depths greater continent and the Northeast Georgia initiation of the critical Drake Passage— than 1,000 m. As the GI airguns are Rise. The targeted seismic survey will Scotia Sea gateway. Underway data and towed along the survey lines, the occur in the unexplored zones of dredged samples produced unexpected hydrophone streamer(s) will receive the elevated crust in the eastern central results that led to a structurally different returning acoustic signals and transfer Scotia Sea and is designed to address view of the central Scotia Sea and the data to the onboard processing several critical questions with respect to highlighted factors bearing on initiation system. All planned seismic data the tectonic nature of the northern and of the Antarctic Circumpolar Current acquisition activities will be conducted southern boundaries of the South that had not been previously by technicians provided by NSF and Georgia micro-continent. considered. ASC, with onboard assistance by the Opening of deep The results of this study of the central scientists who have planned the study. gateways between and South Scotia Sea are fragmentary due to the The vessel will be self-contained, and America and between Antarctica and limited time available during Cruise the crew will live aboard the vessel for Australia permitted complete circum- NBP 0805. Therefore, the extent, the entire cruise. Antarctic circulation. This Antarctic geometry, and physiography of a The weather and sea conditions will Circumpolar Current is not well submerged volcanic arc that may have be closely monitored, including for understood. The Antarctic Circumpolar delayed formation of a complete conditions that could limit visibility. Current may have been critical in the Antarctic Circumpolar Current until Pack ice is not anticipated to be transition from a warm Earth in the after the initiation of Antarctic encountered during the planned cruise; early Cenozoic to the subsequent much glaciation are poorly defined, with therefore, no icebreaking activities are cooler conditions that persist to the direct dating limited to a few sites. To expected. If situations are encountered present day. Opening of Drake Passage remedy these deficiencies, thereby which pose a risk to the equipment, and the west Scotia Sea likely broke the further elucidating the role of the impede data collection, or require the final barrier formed by the Andes of central Scotia Sea in the onset and vessel to stop forward progress, the Tierra del Fuego and the development of the Antarctic equipment will be shut-down and ‘‘Antarctandes’’ of the Antarctic Circumpolar Current, the planned retrieved until conditions improve. In Peninsula. Once this deep gateway, targeted surveying and dredging will general, the airgun array and streamer(s) usually referred to as the Drake Passage determine likely arc constructs in the can be retrieved in less than 30 minutes. gateway, was created, the strong and eastern central Scotia Sea. These will be The planned seismic survey persistent mid-latitude winds could combined with a survey of the margins (including equipment testing, start-up, generate one of the largest deep currents of the South Georgia micro-continent line changes, repeat coverage of any on Earth, at approximately 135 and installation of three continuous GPS areas, and equipment recovery) will Sverdrup (a Sverdrup [Sv] is a measure stations on South Georgia that will test consist of approximately 2,950 of average flow rate in million cubic the hypothesis regarding the evolution kilometers (km) (1,592.9 nautical miles

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[nmi]) of transect lines (including turns) echosounder, ADCP, and a sub-bottom changes or repeat coverage of any areas in the survey area in the Scotia Sea and profiler will also likely be operated from where initial data quality is sub- southern Atlantic Ocean (see Figures 1, the Palmer continuously throughout the standard. In NSF and ASC’s estimated 2, and 3 of the IHA application). In cruise. There will be additional airgun take calculations, 25% has been added addition to the operation of the airgun operations associated with equipment for those additional operations. array, a single-beam and multi-beam testing, ramp-up, and possible line

TABLE 1—PLANNED LOW-ENERGY SEISMIC SURVEY ACTIVITIES IN THE SCOTIA SEA AND THE SOUTHERN ATLANTIC OCEAN

Survey length (km) Cumulative Airgun array total volume Time between airgun shots (dis- Streamer length duration (hr) 1 tance) (m)

2,950 (1,592.9 nmi) ...... ≅325 2 × 105 in3 (2 × 1,720 cm3) 5 to 10 seconds (12.5 to 25 m or 100 (328.1 ft) 41 to 82 ft) 1 Airgun operations are planned for no more than 40 continuous hours at a time.

NMFS outlined the purpose of the Commission regarding the inadequacies mammals using site-specific (including program in a previous notice for the of the L–DEO model in environments sound speed profiles, bathymetry, and proposed IHA (79 FR 45592, August 5, other than a three dimensionally sediment characteristics at a minimum) 2014). The activities to be conducted uniform and boundless sea. However, and operational (including number/type have not changed between the proposed the discussion of such correction factors of airguns, tow depth) parameters for IHA notice and this final notice is irrelevant because the radii L–DEO the proposed IHA; and (2) impose the announcing the issuance of the IHA. For proposed to use originated directly from same requirement for all future IHAs a more detailed description of the its model, absent any correction factors. submitted by NSF, ASC, L–DEO, USGS, authorized action, including vessel and The Commission does not understand SIO, or any other relevant entity. acoustic source specifications, the why L–DEO mentioned correction Response: At present, L–DEO cannot reader should refer to the notice for the factors that apparently were not used. adjust its modeling methodology to add proposed IHA (79 FR 45592, August 5, Response: In almost all previous NSF the environmental and site-specific 2014), the IHA application, EA, and EAs using GI airgun arrays, a typical parameters as requested by the associated documents referenced above tow depth was 3 m; therefore, that was Commission. NMFS is working with L– this section. used for the modeling for the planned DEO, NSF, ASC, USGS, SIO, and any low-energy seismic survey. As noted in other relevant entity to explore ways to Comments and Responses the IHA application, the model results better consider site-specific information A notice of preliminary are for G airguns, which have more to inform the take estimates and determinations and proposed IHA for energy than GI airguns of the same size; development of mitigation measures for NSF and ASC’s low-energy seismic thus, those results overestimate (by future seismic surveys with L–DEO and survey was published in the Federal approximately 10%) the distances for NSF, and NSF has been exploring Register on August 5, 2015 (79 FR the 105 in3 GI airgun array. Although different approaches in collaboration 45592). During the 30-day public the distances were known to be with L–DEO and other academic comment period, NMFS received overestimated, no distance adjustments institutions with whom they comments from one private citizen and were made to the radii distances to collaborate. When available, NMFS will the Marine Mammal Commission account for this overestimation. In this review and consider the final results (Commission). The comments are case, the difference between a 3 m and from L–DEO’s expected publications posted online at: http:// 4 m tow depth are nominal, and would (Crone et al., in prep), in which the www.nmfs.noaa.gov/pr/permits/ be approximately equivalent given this results of a calibration off the coast of incidental/. Following are the 10% difference. Therefore, the proposed Washington will be reported, and how substantive comments and NMFS’s radii distances for the buffer and they reflect on L–DEO’s model. responses: exclusion zones are still valid for For this seismic survey, L–DEO Comment 1: The Commission monitoring and mitigation as well as developed the exclusion and buffer questions why L–DEO did not use 4 m take estimates. NMFS, NSF, ASC, and zones based on the conservative deep- (ft) as the maximum tow depth, because L–DEO agree that Appendix A of the water calibration results from Diebold et that depth was specified in the IHA IHA application included some al. (2010). L–DEO’s current modeling application and should yield greater superfluous information about approach represents the best available radii than a tow depth of 3 m. To correction factors not relevant to the information to reach NMFS’s estimate the buffer and exclusion zones discussion, given this was a seismic determinations for the IHA. The for the seismic survey in the Scotia Sea survey in deep water and only L–DEO comparisons of L–DEO’s model results and South Atlantic Ocean, L–DEO used model results were used. NMFS believes and the field data collected in the Gulf two G airguns as a proxy for two GI that the L–DEO model is adequate for of Mexico illustrate a degree of airguns within the Nucleus modeling establishing conservative radii for conservativeness built into L–DEO’s software and assumed a maximum tow monitoring and mitigation. model for deep water. depth of 3 m. It is also unclear why L– Comment 2: The Commission remains NMFS acknowledges the DEO included in Appendix A of NSF very concerned that the L–DEO model is Commission’s concerns about L–DEO’s and ASC’s IEE/EA the correction factors not based on best available science and current modeling approach for based on shallow-water measurements does not support its continued use. The estimating exclusion and buffer zones of 2 GI airguns in the Gulf of Mexico Commission recommends that NMFS (1) and also acknowledge that L–DEO did (GOM). The need for correction factors require L–DEO to re-estimate the not incorporate site-specific sound as large as 14.7 does substantiate the proposed exclusion and buffer zones speed profiles, bathymetry, and concerns continually expressed by the and associated takes of marine sediment characteristics of the research

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area within the current approach to estimate the proposed buffer and model used and its results in estimate those zones for this IHA. exclusion zones and associated number determining the potential impacts to However, as described below, empirical of marine mammal takes using marine mammals; however, it is just a data collected at two different sites and operational and site-specific component of NMFS’s analysis during compared against model predictions environmental parameters for this IHA. the MMPA consultation process, as indicate that other facets of the model However, we continue to work with NMFS also takes into consideration (besides the site-specific factors cited the NSF, ASC, L–DEO, and other related other factors associated with the above) do result in a conservative entities on verifying the accuracy of proposed action, such as geographic estimate of exposures in the cases their model. L–DEO is currently location, duration of activities, context, tested. analyzing whether received levels can intensity, etc. Takes generated by The NSF and ASC IHA application be measured in real-time using the modeling are used as estimates, not and IEE/EA describe the approach to ship’s hydrophone streamer to estimate absolutes, and are factored into NMFS’s establishing mitigation exclusion and the sound field around the ship and analysis accordingly. Of broader note, buffer zones. In summary, L–DEO determine actual distances to the buffer NMFS is currently pursuing methods acquired field measurements for several and exclusion zones. Crone et al. (2013) that include site-specific components to array configurations at shallow- and are analyzing Langseth streamer data allow us to better cross-check isopleth deep-water depths during acoustic collected in 2012 off the Washington and propagation predictions submitted verification studies conducted in the coast shelf and slope to measure by applicants. Using this information, northern Gulf of Mexico in 2003 received levels in situ up to 8 km (4.3 NMFS could potentially recommend (Tolstoy et al., 2004) and in 2007 and nmi) away from the ship. While results modifications to take estimates and/or 2008 (Tolstoy et al., 2009). Based on the confirm the role that bathymetry plays mitigation zones, as appropriate. empirical data from those studies, L– in propagation, it also confirmed that Comment 3: The Commission states DEO developed a sound propagation empirical measurements from the GOM that in 2011, NSF and USGS modeled modeling approach that conservatively survey used to inform buffer and sound propagation under various predicts received sound levels as a exclusion zones in shallow water and environmental conditions in their PEIS. function of distance from a particular model results adapted for intermediate L–DEO and NSF (in cooperation with airgun array configuration in deep water depths also over-estimated the Pacific Gas and Electric Company water. In 2010, L–DEO assessed the size of the zones for the Washington [PG&E]) also used a similar modeling accuracy of their modeling approach by survey. Preliminary results were approach in the recent IHA application comparing the sound levels of the field presented in a poster session at the and associated EA for a seismic survey measurements in the Gulf of Mexico American Geophysical Union fall of Diablo Canyon in California (77 FR study to its model predictions (Diebold meeting in December 2013 (Crone et al., 58256). These recent examples indicate et al., 2010). L–DEO reported that the 2013; available at: http:// that L–DEO, NSF, and related entities observed sound levels from the field berna.ldeo.columbia.edu/agu2013/ are able to implement the recommended measurements fell almost entirely below agu2013.pdf) and a peer-reviewed approach, if required to do so by NMFS. the predicted mitigation radii curve for journal publication is anticipated in The Commission understands the deep water (Diebold et al., 2010). Based 2014. When available, NMFS will constraints imposed by the current on this information, L–DEO has shown review and consider the final results budgetary environment, but notes that that its model can reliably estimate the and how they reflect on the L–DEO other agencies that contend with similar mitigation radii in deep water. model. funding constraints incorporate L–DEO’s model is most directly L–DEO has conveyed to NMFS that modeling based on site-specific applicable to deep water. Reflected and additional modeling efforts to refine the parameters. USGS, L–DEO, NSF, and refracted arrivals were considered in process and conduct comparative related entities should be held to that verifying L–DEO’s model. Given the analysis may be possible with the same standard. NMFS recently planned seismic survey is entirely in availability of research funds and other indicated that it does not, and does not deep water, and the model has been resources. Obtaining research funds is believe it is appropriate to, prescribe the demonstrated to be conservative in deep typically through a competitive process, use of any particular modeling package water, NMFS concludes that the L–DEO including those conducted by federal (79 FR 38499). The Commission agrees model is an effective means to aid in agencies. The use of models for that NMFS should not instruct determining potential impacts to marine calculating buffer and exclusion zone applicants to use specific contractors or mammals from the planned seismic radii and developing take estimates is modeling packages, but it should hold survey and estimating take numbers, as not a requirement of the MMPA ITA applicants to the same standard, well as establishing buffer and process. Furthermore, NMFS does not primarily one in which site- and exclusion zones for mitigation. provide specific guidance on model operation-specific environmental During a March 2013 meeting, L–DEO parameters nor prescribe a specific parameters are incorporated into the discussed the L–DEO model with the model for applicants as part of the models. Commission, NMFS, and NSF. L–DEO MMPA ITA process. There is a level of Response: PG&E submitted an IHA compared the Gulf of Mexico (GOM) variability not only with parameters in application to NMFS and the U.S. Fish calibration measurements (Tolstoy et models, but the uncertainty associated and Wildlife Service for the Central al., 2004; Tolstoy et al., 2009; Diebold with data used in models, and therefore Coastal California Seismic Imaging et al., 2010) comparison with L–DEO the quality of the model results Project in 2012. The IHA application model results. L–DEO showed that at submitted by applicants. NMFS, included a report of acoustic the calibration sites the model however, takes all of this variability into propagation modeling conducted by overestimated the size of the exclusion consideration when evaluating Greeneridge Sciences, Inc., sponsored zones and, therefore, is likely applications. Applicants use models as by Padre Associates, Inc., to estimate precautionary in most cases. Based on a tool to evaluate potential impacts, to received sound pressure level radii for the best available information that the estimate the number of takes of marine airgun pulses operating off central current model overestimates mitigation mammals, and for mitigation purposes. California in the vicinity of the Diablo zones, we will not require L–DEO to re- NMFS takes into consideration the Canyon Nuclear Power Plant. A wave-

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theory model and precise waveguide uncertainty that comes along with have durations that are typically very parameters that describe sound varying models into consideration in brief (less than 1 second), with temporal reflections and refractions at the ocean both the analysis of effects and the characteristics that more closely surface, seafloor, and water column consideration of mitigation measures. In resemble those of impulsive sounds were used to accurately model sound this case, as described elsewhere in this than non-impulsive sounds, which transmission in the ocean. As the action section, we have considered the typically have more gradual rise times proponent, PG&E funded the seismic uncertainty associated with the and longer decays (ANSI, 1995; NIOSH, survey and related environmental applicant’s model and have determined 1998). With regard to behavioral compliance documents (e.g., IHA that it does not change either our thresholds, we therefore consider the application, Environmental Assessment, findings regarding the anticipated level temporal and spectral characteristics of etc.). NSF, as the owner of the Langseth, and severity of impacts on marine echosounder signals to more closely served as the federal nexus for the ESA mammals or our conclusion that the resemble those of an impulsive sound section 7 consultation and need for the mitigation measures required provide than a continuous sound. preparation of the NEPA document. L– the means of effecting the least The Commission suggests that, for DEO is the operator of the Langseth and practicable impact on the affected certain sources considered here, the often applies for IHAs for NSF-funded species or stocks and their habitat. interval between pulses would not be seismic surveys conducted for scientific Of broader note, NMFS is currently discernible to the animal, thus research purposes. pursuing methods (that include site- rendering them effectively continuous. There are many different modeling specific components) to allow us to However, an echosounder’s ‘‘rapid products and services commercially better cross-check isopleth and staccato’’ of pulse trains is emitted in a available that applicants could propagation predictions submitted by similar fashion as odontocete potentially use in developing their take applicants. Using this information, we echolocation click trains. Research estimates and analyses for MMPA ITAs. could potentially recommend indicates that marine mammals, in These different models range widely in modifications to take estimates and/or general, have extremely fine auditory cost, complexity, and the number of mitigation zones, as appropriate. temporal resolution and can detect each specific factors that can be considered Comment 4: The Commission signal separately (e.g., Au et al., 1988; in any particular modeling run. NMFS recommends that NMFS either estimate Dolphin et al., 1995; Supin and Popov, does not, and does not believe that it is the numbers of takes that could occur 1995; Mooney et al., 2009), especially appropriate to, prescribe the use of any during the bathymetric survey, which species with echolocation capabilities. particular modeling package. Rather, includes the use of the multi-beam Therefore, it is highly unlikely that each applicant’s approach is evaluated echosounder and sub-bottom profiler marine mammals would perceive independently in the context of its absent the airguns, based on the 120 dB echosounder signals as being activity. In cases where simpler models (rms) threshold rather than the 160 dB continuous. are used and there is concern that a (rms) threshold, or not include In conclusion, echosounder, ADCP, model might not capture the variability authorization for taking by the acoustic and sub-bottom profiler signals are across a parameter(s) that is not sources (echosounder, sub-bottom intermittent rather than continuous represented in the model, conservative profiler, ADCP) in the final IHA. signals, and the fine temporal resolution choices are often made at certain Response: NMFS disagrees with the of the marine mammals auditory decision points in the model to help Commission’s recommendation that systems allows them to perceive these ensure that modeled estimates are NMFS require NSF and ASC to estimate sounds as such. Further, the physical buffered in a manner that would not the number of marine mammals taken characteristics of these signals indicate result in the agency underestimating the when the single-beam and multi-beam a greater similarity to the way that number of takes or extent of effects. In echosounder, ADCP, and sub-bottom intermittent, impulsive sounds are this case, results have shown that L– profiler are used in the absence of the received. Therefore, the 160 dB DEO’s model reliably and airgun array based on the 120 dB (rms) threshold (typically associated with conservatively estimates mitigation radii threshold, for continuous sounds, rather impulsive sources) is more appropriate in deep water. The observed sound than the 160 dB (rms) threshold, for than the 120 dB threshold (typically levels from the field measurements fell impulsive sounds. 160 dB (rms) is the associated with continuous sources) for almost entirely below L–DEO’s appropriate threshold for these sound estimating takes by behavioral estimated mitigation radii for deep sources. Continuous sounds are those harassment incidental to use of such water (Diebold et al., 2010). Based on whose sound pressure level remains sources. these empirical data, which illustrate above that of the ambient sound, with Comment 5: The Commission believes the model’s conservative exposure negligibly small fluctuations in level that NMFS misinterpreted its estimates across two sites, NMFS finds (NIOSH, 1998; ANSI, 2005), while implementing regulations, which that L–DEO’s model effectively intermittent sounds are defined as require that applicants include ‘‘the estimates sound exposures. sounds with interrupted levels of low or suggested means of accomplishing the NMFS encourages applicants to no sound (NIOSH, 1998). Echosounder necessary monitoring and reporting that incorporate modeling based on site- signals are emitted as separate pulses will result in increased knowledge of specific and operation-specific separated by silence, and thus are not the species, the level of taking or parameters in their IHA applications, continuous sounds but rather impacts on populations of marine whenever possible, but it is unrealistic intermittent sounds. Intermittent sounds mammals that are expected to be to require all applicants to do so in IHA can further be defined as either present while conducting activities, and applications and/or NEPA documents impulsive or non-impulsive. Impulsive suggested means of minimizing burdens (EAs and EISs) as activities may vary in sounds have been defined as sounds by coordinating such reporting their scope and level of anticipated which are typically transient, brief (less requirements with other schemes impacts, and applicants may have than 1 second), broadband, and consist already applicable to persons varying funding and resource of a high peak pressure with rapid rise conducting such activity.’’ The constraints. However, it is still time and rapid decay (ANSI, 1986; Commission believes that monitoring incumbent upon NMFS to take the NIOSH, 1998). Echosounder signals also and reporting requirements need to be

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sufficient to provide accurate to MMPA authorizations can be used to October 2014 by NSF and ASC. The information on the numbers of marine provide broad support for the findings commenter stated that NMFS should mammals being taken and the manner underlying the issuance of an IHA or protect marine life from harm. in which they are taken, not merely can highlight red flags that might Response: As described in detail in better information on the qualitative necessitate either a reconsideration of the notice of the proposed IHA (79 FR nature of the impacts. The Commission an issued IHA or a change in analyses 45592, August 5, 2014), as well as in continues to believe that appropriate in future authorizations. NMFS’s this document, NMFS does not believe g(0) and f(0) values are essential for previous response is included below for NSF and ASC’s low-energy seismic making accurate estimates of the reference. survey would cause injury, serious numbers of marine mammals taken NMFS’s implementing regulations injury, or mortality to marine mammals, during surveys. The Commission require that applicants include and no take by injury, serious injury, or recommends that NMFS consult with monitoring that will result in ‘‘an mortality is authorized. The required the funding agency (e.g., NSF) and increased knowledge of the species, the monitoring and mitigation measures individual applicants (e.g., ASC, L– level of taking or impacts on that NSF and ASC will implement DEO, USGS, SIO, and other related populations of marine mammals that are during the low-energy seismic survey entities) to develop, validate, and expected to be present while conducting will further reduce the potential impacts implement a monitoring program that activities . . .’’ This increased on marine mammals to the lowest level provides a scientifically sound, knowledge of the level of taking could practicable. NMFS anticipates only reasonably accurate assessment of the be qualitative or relative in nature, or it behavioral disturbance to occur during types of marine mammal takes and the could be more directly quantitative. the conduct of the low-energy seismic actual numbers of marine mammals Scientists use g(0) and f(0) values in survey. systematic marine mammal surveys to taken, accounting for applicable g(0) Description of the Marine Mammals in account for the undetected animals and f(0) values. the Specified Geographic Area of the Response: NMFS does not believe that indicated above; however, these values Specified Activity we misinterpreted the MMPA are not simply established and the g(0) implementing regulations in our value varies across every observer based Various national Antarctic research previous response that the Commission on their sighting acumen. While we programs (e.g., British Antarctic Survey, references. With respect to levels of want to be clear that NMFS does not Australian Antarctic Division, and take, NMFS interprets the sentence generally believe that post-activity take NMFS National Marine Mammal quoted by the Commission to require estimates using f(0) and g(0) are Laboratory), academic institutions (e.g., the applicants include suggested required to meet the monitoring Duke University, University of St. monitoring and reporting that will result requirement of the MMPA, in the Andrews, and Woods Hole in ‘‘an increased knowledge of . . . the context of the NSF and L–DEO’s Oceanographic Institution), and other level of taking . . .’’ This is the most monitoring plan, NMFS agrees that organizations (e.g., South Georgia logical interpretation, because if we developing and incorporating a way to Museum, Fundacion Cethus, Whale and were to assume that the phrase better interpret the results of their Dolphin Conservation, and New ‘‘increased knowledge of’’ does not monitoring (perhaps a simplified or England Aquarium) have conducted modify ‘‘the level of taking,’’ then the generalized version of g(0) and f(0)) is a scientific cruises and/or examined data sentence would read: ‘‘the suggested good idea. NMFS is continuing to on marine mammal sightings along the means of accomplishing the necessary examine this issue with NSF (and other coast of Antarctica, south Atlantic monitoring and reporting that will result entities) to develop ways to improve Ocean, Scotia Sea, and around South in . . . the level of taking . . . ,’’ which their post-survey take estimates. NMFS Georgia and South Sandwich islands, does not make sense. will consult with the Commission and and these data were considered in Even putting any potential NMFS scientists prior to finalizing these evaluating potential marine mammals in grammatical questions aside, NMFS recommendations. the action area. Records from the does not believe that the regulations NMFS notes that current monitoring International Whaling Commission’s suggests that the monitoring conducted measures for past and current IHAs for International Decade of Cetacean by an authorized entity must be able to research seismic surveys require the Research (IDCR), Southern Ocean quantify the exact number of takes that collection of visual observation data by Collaboration Program (SOC), and occurred during the action, but rather PSOs prior to, during, and after airgun Southern Ocean Whale and Ecosystem that the monitoring increase operations. This data collection may Research (IWC–SOWER) circumpolar understanding of the level and effects of contribute to baseline data on marine cruises were also considered. the action. In fact, the Commission’s mammals (e.g., presence/absence) and The marine mammals that generally comment supports this interpretation. provide some generalized support for occur in the planned action area belong As noted by the Commission, section estimated take numbers (as well as to three taxonomic groups: mysticetes 101(a)(5)(D)(iv) requires that NMFS providing data regarding behavioral (baleen whales), odontocetes (toothed ‘‘modify, suspend, or revoke an responses to seismic operation that are whales), and pinnipeds (seals and sea authorization’’ if it finds, among other observable at the surface). However, it is lions). The marine mammal species that things, that the authorized taking is unlikely that the information gathered could potentially occur within the having more than a negligible impact or from these cruises alone would result in southern Atlantic Ocean in proximity to that more than small numbers of marine any statistically robust conclusions for the action area in the Scotia Sea include mammals are being taken. Both the any particular species because of the 32 species of cetaceans and 7 species of negligible impact and small numbers small numbers of animals typically pinnipeds. findings may be made using qualitative, observed. The waters of the Scotia Sea and or relative (compared to the stock Comment 6: One private citizen southern Atlantic Ocean, especially abundance) information. The sorts of opposed the issuance of an IHA by those near South Georgia Island, are qualitative, or relative information NMFS and the conduct of the low- characterized by high biomass and collected during the wide variety of energy seismic survey in the Scotia Sea productivity of phytoplankton, monitoring that is conducted pursuant and South Atlantic Ocean, September to zooplankton, and vertebrate predators,

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and may be a feeding ground for many elephant seal and Antarctic fur seal marginata), Bryde’s (Balaenoptera of these marine mammals (Richardson, have haul-outs and rookeries that are brydei), dwarf minke (Balaenoptera 2012). In general, many of the species located on subantarctic islands and acutorostrata spp.), pygmy blue present in the sub-Antarctic study area prefer beaches. The Ross seal (Balaenoptera musculus brevicauda), may be present or migrating through the (Ommatophoca rossii) is generally pygmy sperm (Kogia breviceps), dwarf Scotia Sea during the planned low- found in dense consolidated pack ice sperm (Kogia sima), Andrew’s beaked energy seismic survey. Many of the and on ice floes, but may migrate into (Mesoplodon bowdoini), Blainville’s species that may be potentially present open water to forage. This species’ beaked (Mesoplodon densirostris), in the study area seasonally migrate to preferred habitat is not in the planned Hector’s beaked (Mesoplodon hectori), higher latitudes near Antarctica. In study area, and thus it is not considered and spade-toothed beaked (Mesoplodon general, most large whale species further in this document. traversii) whale, and Commerson’s (except for the killer whale) migrate Marine mammal species likely to be north in the middle of the austral winter encountered in the planned study area (Cephalorhynchus commersonii), Dusky and return to Antarctica in the early that are listed as endangered under the (Lagenorhynchus obscurus), bottlenose austral summer. U.S. Endangered Species Act of 1973 (Tursiops truncatus), and Risso’s The six species of pinnipeds that are (ESA; 16 U.S.C. 1531 et seq.), includes (Grampus griseus) dolphin. However, found in the southern Atlantic Ocean the southern right (Eubalaena australis), these species have not been sighted and and Southern Ocean and may be present humpback (Megaptera novaeangliae), are not expected to occur where the in the planned study area include the sei (Balaenoptera borealis), fin planned activities will take place. These crabeater (Lebodon carcinophagus), (Balaenoptera physalus), blue species are not considered further in leopard (Hydrurga leptonyx), Weddell (Balaenoptera musculus), and sperm this document. Table 2 (below) presents (Leptonychotes weddellii), southern (Physeter macrocephalus) whale. information on the habitat, occurrence, elephant (Mirounga leonina), Antarctic In addition to the 26 species known distribution, abundance, population fur (Arctocephalus gazella), and to occur in the Scotia Sea and the status, and conservation status of the Subantarctic fur (Arctocephalus southern Atlantic Ocean, there are 14 species of marine mammals that may tropicalis) seal. Many of these pinniped cetacean species with ranges that are occur in the planned study area during species breed on either the pack ice or known to potentially occur in the waters September to October 2014. subantarctic islands. The southern of the study area: pygmy right (Caperea

TABLE 2—THE HABITAT, OCCURRENCE, RANGE, REGIONAL ABUNDANCE, AND CONSERVATION STATUS OF MARINE MAM- MALS THAT MAY OCCUR IN OR NEAR THE LOW-ENERGY SEISMIC SURVEY AREA IN THE SCOTIA SEA AND SOUTHERN ATLANTIC OCEAN [See text and Tables 6 and 7 in NSF and ASC’s IHA application for further details]

Population 1 MMPA 2 Species Habitat Occurrence Range estimate ESA

Mysticetes: Coastal, pelagic ...... Common ...... Circumpolar 20 to 55° 8,000 3 to 15,000 4 ...... EN D (Eubalaena australis). South. Pygmy right whale Coastal, pelagic ...... Rare ...... 30 to 55° South ...... NA ...... NL NC (Caperea marginata). Pelagic, nearshore Common ...... Cosmopolitan ...... 35,000 to 40,000 3— EN D (Megaptera waters, and banks. Worldwide, 9,484 5— novaeangliae). Scotia Sea and Ant- arctica Peninsula. Minke whale Pelagic and coastal ...... Common ...... Circumpolar—Southern NA ...... NL NC (Balaenoptera Hemisphere to 65° acutorostrata including South. dwarf sub-species). Antarctic minke whale Pelagic, ice floes ...... Common ...... 7° South to ice edge Several 100,000 3— NL NC (Balaenoptera (usually 20 to 65° Worldwide, bonaerensis). South). 18,125 5—Scotia Sea and Antarctica Penin- sula. Bryde’s whale Pelagic and coastal ...... Rare ...... Circumglobal 40° North NA ...... NL NC (Balaenoptera brydei). to 40° South. (Balaenoptera Primarily offshore, pe- Uncommon ... Migratory, Feeding 80,000 3—Worldwide .... EN D borealis). lagic. Concentration 40 to 50° South. (Balaenoptera Continental slope, pe- Common ...... Cosmopolitan, Migra- 140,000 3—Worldwide, EN D physalus). lagic. tory. 4,672 5—Scotia Sea and Antarctica Penin- sula. (Balaenoptera Pelagic, shelf, coastal .. Uncommon ... Migratory Pygmy blue 8,000 to 9,000 3— EN D musculus; including whale—North of Ant- Worldwide, 1,700 6— pygmy blue whale arctic Convergence Southern Ocean. [Balaenoptera 55° South. musculus brevicauda]). Odontocetes: (Physeter Pelagic, deep sea ...... Common ...... Cosmopolitan, Migra- 360,000 3—Worldwide, EN D macrocephalus). tory. 9,500 3—Antarctic.

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TABLE 2—THE HABITAT, OCCURRENCE, RANGE, REGIONAL ABUNDANCE, AND CONSERVATION STATUS OF MARINE MAM- MALS THAT MAY OCCUR IN OR NEAR THE LOW-ENERGY SEISMIC SURVEY AREA IN THE SCOTIA SEA AND SOUTHERN ATLANTIC OCEAN—Continued [See text and Tables 6 and 7 in NSF and ASC’s IHA application for further details]

Population 1 MMPA 2 Species Habitat Occurrence Range estimate ESA

Pygmy sperm whale Pelagic, slope ...... Rare ...... Widely distributed in NA ...... NL NC (Kogia breviceps). tropical and tem- perate zones. Dwarf sperm whale Pelagic, slope ...... Rare ...... Widely distributed in NA ...... NL NC (Kogia sima). tropical and tem- perate zones. Arnoux’s beaked whale Pelagic ...... Common ...... Circumpolar in South- NA ...... NL NC ( arnuxii). ern Hemisphere, 24 to 78° South. Cuvier’s beaked whale Pelagic ...... Uncommon ... Cosmopolitan ...... NA ...... NL NC (Ziphius cavirostris). Shepherd’s beaked whale Pelagic ...... Common ...... Circumpolar—south of NA ...... NL NC (Tasmacetus 30° South. shepherdi). Southern bottlenose Pelagic ...... Common ...... Circumpolar—30° South 500,000 3—South of NL NC whale (Hyperoodon to ice edge. Antarctic Conver- planifrons). gence. Andrew’s beaked whale Pelagic ...... Rare ...... 32 to 55° South ...... NA ...... NL NC (Mesoplodon bowdoini). Blainville’s beaked whale Pelagic ...... Rare ...... Temperate and tropical NA ...... NL NC (Mesoplodon waters worldwide. densirostris). Gray’s beaked whale Pelagic ...... Common ...... 30° South to Antarctic NA ...... NL NC (Mesoplodon grayi). waters. Hector’s beaked whale Pelagic ...... Rare ...... Circumpolar—cool tem- NA ...... NL NC (Mesoplodon hectori). perate waters of Southern Hemisphere. Spade-toothed beaked Pelagic ...... Rare ...... Circumantarctic ...... NA ...... NL NC whale (Mesoplodon traversii). Strap-toothed beaked Pelagic ...... Common ...... 30° South to Antarctic NA ...... NL NC whale (Mesoplodon Convergence. layardii). Killer whale (Orcinus Pelagic, shelf, coastal, Common ...... Cosmopolitan ...... 80,000 3—South of Ant- NL NC orca). pack ice. arctic Convergence, 25,000 7—Southern Ocean. Long-finned pilot whale Pelagic, shelf, coastal .. Common ...... Circumpolar—19 to 68° 200,000 38—South of NL NC (Globicephala melas). South in Southern Antarctic Conver- Hemisphere. gence. Risso’s dolphin (Grampus Shelf, slope, seamounts Rare ...... 60° North to 60° South NA ...... NL NC griseus). Bottlenose dolphin Offshore, inshore, Rare ...... 45° North to 45° South >625,500 3—Worldwide NL NC (Tursiops truncatus). coastal, estuaries. Southern right whale dol- Pelagic ...... Uncommon ... 12 to 65° South ...... NA ...... NL NC phin (Lissodelphis peronii). Peale’s dolphin Coastal, continental Uncommon ... 33 to 60° South ...... NA, 200—southern NL NC (Lagenorhynchus shelf, islands. Chile 3. australis). Commerson’s dolphin Coastal, continental Rare ...... , Falk- 3,200—Strait of Magel- NL NC (Cephalorhynchus shelf, islands. land Islands, lan 3. commersonii). Kerguelen Islands. Dusky dolphin Coastal, continental Rare ...... Widespread in Southern NA ...... NL NC (Lagenorhynchus shelf and slope. Hemisphere. obscurus). Pelagic, ice edge ...... Common ...... 33° South to pack ice ... 144,000 3—South of NL NC (Lagenorhynchus Antarctic Conver- cruciger). gence. Spectacled porpoise Coastal, pelagic ...... Uncommon ... Circumpolar—Southern NA ...... NL NC (Phocoena dioptrica). Hemisphere. Pinnipeds: Crabeater seal (Lobodon Coastal, pack ice ...... Common ...... Circumpolar—Antarctic 5,000,000 to NL NC carcinophaga). 15,000,000 39. Leopard seal (Hydrurga Pack ice, sub-Antarctic Common ...... Sub-Antarctic islands to 220,000 to 440,000 310 NL NC leptonyx). islands. pack ice.

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TABLE 2—THE HABITAT, OCCURRENCE, RANGE, REGIONAL ABUNDANCE, AND CONSERVATION STATUS OF MARINE MAM- MALS THAT MAY OCCUR IN OR NEAR THE LOW-ENERGY SEISMIC SURVEY AREA IN THE SCOTIA SEA AND SOUTHERN ATLANTIC OCEAN—Continued [See text and Tables 6 and 7 in NSF and ASC’s IHA application for further details]

Population 1 MMPA 2 Species Habitat Occurrence Range estimate ESA

Ross seal (Ommatophoca Pack ice, smooth ice Rare ...... Circumpolar—Antarctic 130,000 3 20,000 to NL NC rossii). floes, pelagic. 220,000 14. Weddell seal Fast ice, pack ice, sub- Uncommon ... Circumpolar—Southern 500,000 to NL NC (Leptonychotes Antarctic islands. Hemisphere. 1,000,000 311. weddellii). Southern elephant seal Coastal, pelagic, sub- Common ...... Circumpolar—Antarctic 640,000 12 to 650,000 3, NL NC (Mirounga leonina). Antarctic waters. Convergence to pack 470,000—South ice. Georgia Island 14. Antarctic fur seal Shelf, rocky habitats ..... Common ...... Sub-Antarctic islands to 1,600,000 13 to NL NC (Arctocephalus gazella). pack ice edge. 3,000,000 3. Subantarctic fur seal Shelf, rocky habitats ..... Uncommon ... Subtropical front to sub- Greater than 310,000 3 NL NC (Arctocephalus Antarctic islands and tropicalis). Antarctica. NA = Not available or not assessed. 1 U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed. 2 U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, NC = Not Classified. 3 Jefferson et al., 2008. 4 Kenney, 2009. 5 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) survey area (Reilly et al., 2004). 6 Sears and Perrin, 2009. 7 Ford, 2009. 8 Olson, 2009. 9 Bengston, 2009. 10 Rogers, 2009. 11 Thomas and Terhune, 2009. 12 Hindell and Perrin, 2009. 13 Arnould, 2009. 14 Academic Press, 2009.

Refer to sections 3 and 4 of NSF and manner in which this activity will be other data, Southall et al. (2007) ASC’s IHA application for detailed carried out or the mitigation that will be designate ‘‘functional hearing groups’’ information regarding the abundance implemented, and how either of those for marine mammals and estimate the and distribution, population status, and would shape the anticipated impacts lower and upper frequencies of life history and behavior of these other from this specific activity. The functional hearing of the groups. The marine mammal species and their ‘‘Estimated Take by Incidental functional groups and the associated occurrence in the planned project area. Harassment’’ section later in this frequencies are indicated below (though The IHA application also presents how document will include a quantitative animals are less sensitive to sounds at NSF and ASC calculated the estimated analysis of the number of individuals the outer edge of their functional range densities for the marine mammals in the that are expected to be taken by this and most sensitive to sounds of study area. NMFS has reviewed these activity. The ‘‘Negligible Impact frequencies within a smaller range data and determined them to be the best Analysis’’ section will include the somewhere in the middle of their available scientific information for the analysis of how this specific activity functional hearing range): purposes of the IHA. will impact marine mammals and will • Low-frequency cetaceans (13 consider the content of this section, the species of mysticetes): Functional Potential Effects of the Specified ‘‘Estimated Take by Incidental hearing is estimated to occur between Activity on Marine Mammals Harassment’’ section, the ‘‘Mitigation’’ approximately 7 Hz and 30 kHz; This section includes a summary and section, and the ‘‘Anticipated Effects on • Mid-frequency cetaceans (32 discussion of the ways that the types of Marine Mammal Habitat’’ section to species of dolphins, six species of larger stressors associated with the specified draw conclusions regarding the likely toothed whales, and 19 species of activity (e.g., seismic airgun operation, impacts of this activity on the beaked and bottlenose whales): vessel movement, gear deployment) reproductive success or survivorship of Functional hearing is estimated to occur have been observed to impact marine individuals and from that on the between approximately 150 Hz and 160 mammals. This discussion may also affected marine mammal populations or kHz; include reactions that we consider to stocks. • High-frequency cetaceans (eight rise to the level of a take and those that When considering the influence of species of true porpoises, six species of we do not consider to rise to the level various kinds of sound on the marine river dolphins, Kogia spp., the of take (for example, with acoustics, we environment, it is necessary to franciscana [Pontoporia blainvillei], and may include a discussion of studies that understand that different kinds of four species of cephalorhynchids): showed animals not reacting at all to marine life are sensitive to different Functional hearing is estimated to occur sound or exhibiting barely measureable frequencies of sound. Based on available between approximately 200 Hz and 180 avoidance). This section is intended as behavioral data, audiograms have been kHz; and a background of potential effects and derived using auditory evoked • Phocid pinnipeds in water: does not consider either the specific potentials, anatomical modeling, and Functional hearing is estimated to occur

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between approximately 75 Hz and 100 disturbance is expected, but NMFS Mitigation kHz; expects the disturbance to be localized In order to issue an Incidental Take • Otariid pinnipeds in water: and short-term. NMFS described the Authorization (ITA) under section Functional hearing is estimated to occur range of potential effects from the 101(a)(5)(D) of the MMPA, NMFS must between approximately 100 Hz and 40 specified activity in the notice of the set forth the permissible methods of kHz. proposed IHA (79 FR 45592). A more taking pursuant to such activity, and As mentioned previously in this comprehensive review of these issues document, 26 marine mammal species other means of effecting the least can be found in the ‘‘Programmatic practicable impact on such species or (20 cetacean and 6 pinniped species) are Environmental Impact Statement/ likely to occur in the seismic survey stock and its habitat, paying particular Overseas Environmental Impact attention to rookeries, mating grounds, area. Of the 20 cetacean species likely Statement prepared for Marine Seismic to occur in NSF and ASC’s action area, and areas of similar significance, and Research that is funded by the National 7 are classified as low-frequency the availability of such species or stock Science Foundation and conducted by cetaceans (southern right, humpback, for taking for certain subsistence uses the U.S. Geological Survey’’ (NSF/ minke, Antarctic minke, sei, fin, and (where relevant). blue whale), 12 are classified as mid- USGS, 2011) and L–DEO’s ‘‘Draft NSF and ASC reviewed the following frequency cetaceans (sperm, Arnoux’s Environmental Assessment of a Marine source documents and have beaked, Cuvier’s beaked, Shepherd’s Geophysical Survey by the R/V Marcus incorporated a suite of appropriate beaked, southern bottlenose, Gray’s G. Langseth in the Atlantic Ocean off mitigation measures into their project beaked, strap-toothed beaked, killer, and Cape Hatteras, September to October description. long-finned pilot whale, and southern 2014.’’ (1) Protocols used during previous right whale, Peale’s, and hourglass The notice of the proposed IHA (79 NSF and USGS-funded seismic research dolphin), and 1 is classified as a high- FR 45592, August 5, 2014) included a cruises as approved by NMFS and frequency cetacean (spectacled discussion of the effects of sounds from detailed in the ‘‘Final Programmatic porpoise) (Southall et al., 2007). Of the airguns on mysticetes and odontocetes, Environmental Impact Statement/ 6 pinniped species likely to occur in including tolerance, masking, Overseas Environmental Impact NSF and ASC’s planned action area, 4 behavioral disturbance, hearing Statement for Marine Seismic Research are classified as phocid pinnipeds impairment, and other non-auditory Funded by the National Science (crabeater, leopard, Weddell, and physical effects. NMFS refers the Foundation or Conducted by the U.S. southern elephant seal), and 2 are readers to USGS’s IHA application and Geological Survey;’’ classified as otariid pinnipeds EA for additional information on the (2) Previous IHA applications and (Antarctic and Subantarctic fur seal) behavioral reactions (or lack thereof) by IHAs approved and authorized by NMFS; and (Southall et al., 2007). A species all types of marine mammals to seismic (3) Recommended best practices in functional hearing group is a vessels. consideration when we analyze the Richardson et al. (1995), Pierson et al. effects of exposure to sound on marine Anticipated Effects on Marine Mammal (1998), and Weir and Dolman, (2007). mammals. Habitat To reduce the potential for Acoustic stimuli generated by the disturbance from acoustic stimuli operation of the airguns, which NMFS included a detailed discussion associated with the planned activities, introduce sound into the marine of the potential effects of this action on NSF, ASC, and their designees shall environment, may have the potential to marine mammal habitat, including implement the following mitigation cause Level B harassment of marine physiological and behavioral effects on measures for marine mammals: mammals in the survey area. The effects marine fish and invertebrates, in the (1) Exclusion zones around the sound of sounds from airgun operations might notice of the proposed IHA (79 FR source; include one or more of the following: 45592, August 5, 2014). The seismic (2) Speed and course alterations; Tolerance, masking of natural sounds, survey will not result in any permanent (3) Shut-down procedures; and behavioral disturbance, temporary or impacts on habitats used by the marine (4) Ramp-up procedures. permanent hearing impairment, or non- mammals in the study area, including Exclusion Zones—During pre- auditory physical or physiological the food sources they use (i.e., fish and planning of the cruise, the smallest effects (Richardson et al., 1995; Gordon invertebrates), and there will be no airgun array was identified that could be et al., 2004; Nowacek et al., 2007; physical damage to any habitat. While used and still meet the geophysical Southall et al., 2007). Permanent NMFS anticipates that the specified scientific objectives. NSF and ASC use hearing impairment, in the unlikely activity may result in marine mammals radii to designate exclusion and buffer event that it occurred, would constitute avoiding certain areas due to temporary zones and to estimate take for marine injury, but temporary threshold shift ensonification, this impact to habitat is mammals. Table 3 (see below) shows (TTS) is not an injury (Southall et al., temporary and reversible, which was the distances at which one would 2007). Although the possibility cannot considered in further detail in the notice expect to receive three sound levels be entirely excluded, it is unlikely that of the proposed IHA (79 FR 45592, (160, 180, and 190 dB) from the two GI the planned project will result in any August 5, 2014), as behavioral airgun array. The 180 and 190 dB level cases of temporary or permanent modification. The main impact shut-down criteria are applicable to hearing impairment, or any significant associated with the activity will be cetaceans and pinnipeds, respectively, non-auditory physical or physiological temporarily elevated noise levels and as specified by NMFS (2000). NSF and effects. Based on the available data and the associated direct effects on marine ASC used these levels to establish the studies described here, some behavioral mammals. exclusion and buffer zones.

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TABLE 3—PREDICTED AND MODELED (TWO 105 IN3 GI AIRGUN ARRAY) DISTANCES TO WHICH SOUND LEVELS ≥ 160, 180, AND 190 dB re 1 μPa (rms) COULD BE RECEIVED IN DEEP WATER DURING THE LOW-ENERGY SEISMIC SURVEY IN THE SCOTIA SEA AND THE SOUTHERN ATLANTIC OCEAN, SEPTEMBER TO OCTOBER 2014

Water Predicted RMS radii distances (m) for 2 GI airgun array Source and total volume Tow depth depth (m) (m) 160 dB 180 dB 190 dB

Two GI Airguns (105 in3) 3 to 4 ...... Deep 670 ...... 100 (328.1 ft) ...... 20 (65.6 ft) * 100 will be >(1,000) (2,198.2 ft) ...... used for pinnipeds as well as cetaceans*.

Received sound levels have been at 100 m is less than 180 dB. The NSF/ vessel is unable to change speed or modeled by L–DEO for a number of USGS PEIS also established for these course, and one or more alternative airgun configurations, including two 45 low-energy sources, a standard mitigation measures will need to be in3 Nucleus G airguns, in relation to exclusion zone of 100 m for all low- implemented. distance and direction from the airguns energy sources in water depths greater Shut-down Procedures—If a marine (see Figure 2 of the IHA application). In than 100 m. This standard 100 m mammal is detected outside the addition, propagation measurements of exclusion zone will be used during the exclusion zone for the airgun(s) and the pulses from two GI airguns have been planned low-energy seismic survey. The vessel’s speed and/or course cannot be reported for shallow water 180 and 190 dB (rms) radii are shut- changed to avoid having the animal (approximately 30 m [98.4 ft] depth) in down criteria applicable to cetaceans enter the exclusion zone, NSF and ASC the GOM (Tolstoy et al., 2004). and pinnipeds, respectively, as will shut-down the operating airgun(s) However, measurements were not made specified by NMFS (2000); these levels before the animal is within the for the two GI airguns in deep water. were used to establish exclusion zones. exclusion zone. Likewise, if a marine The model does not allow for bottom Therefore, the assumed 180 and 190 dB mammal is already within the exclusion interactions, and is most directly radii are 100 m for intermediate and zone when first detected, the seismic applicable to deep water. Based on the deep water. If the PSO detects a marine source will be shut-down immediately. modeling, estimates of the maximum mammal within or about to enter the Following a shut-down, NSF and ASC distances from the GI airguns where appropriate exclusion zone, the airguns will not resume airgun activity until the sound levels are predicted to be 190, will be shut-down immediately. marine mammal has cleared the 180, and 160 dB re 1 mPa (rms) in Speed and Course Alterations—If a exclusion zone. NSF and ASC will shallow, intermediate, and deep water marine mammal is detected outside the consider the animal to have cleared the were determined (see Table 3 above). exclusion zone and, based on its exclusion zone if: Empirical data concerning the 190, position and direction of travel (relative • A PSO has visually observed the 180, and 160 dB (rms) distances were motion), is likely to enter the exclusion animal leave the exclusion zone, or acquired for various airgun arrays based zone, changes of the vessel’s speed and/ • A PSO has not sighted the animal on measurements during the acoustic or direct course will be considered if within the exclusion zone for 15 verification studies conducted by L– this does not compromise operational minutes for species with shorter dive DEO in the northern GOM in 2003 safety or damage the deployed durations (i.e., small odontocetes and (Tolstoy et al., 2004) and 2007 to 2008 equipment. This will be done if pinnipeds), or 30 minutes for species (Tolstoy et al., 2009). Results of the 18 operationally practicable while with longer dive durations (i.e., and 36 airgun arrays are not relevant for minimizing the effect on the planned mysticetes and large odontocetes, the two GI airguns to be used in the science objectives. For marine seismic including sperm, pygmy and dwarf planned survey because the airgun surveys towing large streamer arrays, sperm, killer, and beaked whales). arrays are not the same size or volume. course alterations are not typically Although power-down procedures are The empirical data for the 6, 10, 12, and implemented due to the vessel’s limited often standard operating practice for 20 airgun arrays indicate that, for deep maneuverability. However, the Palmer seismic surveys, they will not be used water, the L–DEO model tends to will be towing a relatively short during this planned seismic survey overestimate the received sound levels hydrophone streamer, so its because powering-down from two at a given distance (Tolstoy et al., 2004). maneuverability during airgun airguns to one airgun would make only Measurements were not made for the operations with the hydrophone a small difference in the exclusion two GI airgun array in deep water; streamer will not be limited as vessels zone(s) that probably would not be however, NSF and ASC plan to use the towing long streamers, thus increasing enough to allow continued one-airgun safety radii predicted by L–DEO’s model the potential to implement course operations if a marine mammal came for the planned GI airgun operations in alterations, if necessary. After any such within the exclusion zone for two deep water, although they are likely speed and/or course alteration is begun, airguns. conservative given the empirical results the marine mammal activities and Ramp-up Procedures—Ramp-up of an for the other arrays. movements relative to the seismic vessel airgun array provides a gradual increase Based on the modeling data, the will be closely monitored to ensure that in sound levels, and involves a step- outputs from the pair of 105 in3 GI the marine mammal does not approach wise increase in the number and total airguns planned to be used during the within the exclusion zone. If the marine volume of airguns firing until the full seismic survey are considered a low- mammal appears likely to enter the volume of the airgun array is achieved. energy acoustic source in the NSF/ exclusion zone, further mitigation The purpose of a ramp-up is to ‘‘warn’’ USGS PEIS (2011) for marine seismic actions will be taken, including further marine mammals in the vicinity of the research. A low-energy seismic source speed and/or course alterations, and/or airguns and to provide the time for them was defined in the NSF/USGS PEIS as shut-down of the airgun(s). Typically, to leave the area, avoiding any potential an acoustic source whose received level during airgun operations, the source injury or impairment of their hearing

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abilities. NSF and ASC will follow a practicality of implementation, and MMPA states that NMFS must set forth ramp-up procedure when the airgun impact on the effectiveness of the ‘‘requirements pertaining to the array begins operating after a specified activity. monitoring and reporting of such period without airgun operations or Any mitigation measure(s) prescribed taking.’’ The MMPA implementing when a shut-down has exceeded that by NMFS should be able to accomplish, regulations at 50 CFR 216.104 (a)(13) period. NSF and ASC proposed that, for have a reasonable likelihood of indicate that requests for IHAs must the present cruise, this period would be accomplishing (based on current include the suggested means of approximately 15 minutes. SIO, L–DEO, science), or contribute to the accomplishing the necessary monitoring and USGS have used similar periods accomplishment of one or more of the and reporting that will result in (approximately 15 minutes) during general goals listed below: increased knowledge of the species and previous low-energy seismic surveys. (1) Avoidance of minimization of of the level of taking or impacts on Ramp-up will begin with a single GI injury or death of marine mammals populations of marine mammals that are airgun (105 in3). The second GI airgun wherever possible (goals 2, 3, and 4 may expected to be present in the action (105 in3) will be added after 5 minutes. contribute to this goal). area. NSF and ASC submitted a marine During ramp-up, the PSOs will monitor (2) A reduction in the numbers of mammal monitoring plan as part of the the exclusion zone, and if marine marine mammals (total number or IHA application. It can be found in mammals are sighted, a shut-down will number at biologically important time Section 13 of the IHA application. The be implemented as though both GI or location) exposed to received levels plan has not been modified or airguns were operational. of airguns, or other activities expected supplemented between the notice of the If the complete exclusion zone has not to result in the take of marine mammals proposed IHA (79 FR 45592, August 5, been visible for at least 30 minutes prior (this goal may contribute to 1, above, or 2014) and this final notice announcing to the start of operations in either to reducing harassment takes only). the issuance of the IHA, as none of the daylight or nighttime, NSF and ASC (3) A reduction in the number of time comments or new information received will not commence the ramp-up. Given (total number or number at biologically from the public during the public these provisions, it is likely that the important time or location) individuals comment period required a change to airgun array will not be ramped-up from would be exposed to received levels of the plan. a complete shut-down at night or in airguns, or other activities expected to Monitoring measures prescribed by thick fog, because the outer part of the result in the take of marine mammals NMFS should accomplish one or more exclusion zone for that array would not (this goal may contribute to 1, above, or of the following general goals: be visible during those conditions. If to reducing harassment takes only). (1) An increase in the probability of (4) A reduction in the intensity of one airgun has operated, ramp-up to full detecting marine mammals, both within exposures (either total number or power will be permissible at night or in the mitigation zone (thus allowing for number at biologically important time poor visibility, on the assumption that more effective implementation of the or location) to received levels of airguns, marine mammals will be alerted to the mitigation) and in general to generate or other activities, or other activities approaching seismic vessel by the more data to contribute to the analyses expected to result in the take of marine sounds from the single airgun and could mentioned below; mammals (this goal may contribute to a, move away if they choose. A ramp-up (2) An increase in our understanding above, or to reducing the severity of from a shut-down may occur at night, of how many marine mammals are but only where the exclusion zone is harassment takes only). (5) Avoidance or minimization of likely to be exposed to levels of sound small enough to be visible. NSF and (airguns) that we associate with specific ASC will not initiate a ramp-up of the adverse effects to marine mammal habitat, paying special attention to the adverse effects, such as behavioral airguns if a marine mammal is sighted harassment, TTS, or PTS; within or near the applicable exclusion food base, activities that block or limit (3) An increase in our understanding zones during the day or close to the passage to or from biologically of how marine mammals respond to vessel at night. important areas, permanent destruction of habitat, or temporary destruction/ stimuli expected to result in take and Mitigation Conclusions disturbance of habitat during a how anticipated adverse effects on NMFS has carefully evaluated the biologically important time. individuals (in different ways and to applicant’s mitigation measures and has (6) For monitoring directly related to varying degrees) may impact the considered a range of other measures in mitigation—an increase in the population, species, or stock the context of ensuring that NMFS probability of detecting marine (specifically through effects on annual prescribes the means of effecting the mammals, thus allowing for more rates of recruitment or survival) through least practicable impact on the affected effective implementation of the any of the following methods: • marine mammal species and stocks and mitigation. Behavioral observations in the their habitat. NMFS’s evaluation of Based on NMFS’s evaluation of the presence of stimuli compared to potential measures included applicant’s measures, as well as other observations in the absence of stimuli consideration of the following factors in measures considered by NMFS or (need to be able to accurately predict relation to one another: recommended by the public, NMFS has received level, distance from source, (1) The manner in which, and the determined that the mitigation measures and other pertinent information); degree to which, the successful provide the means of effecting the least • Physiological measurements in the implementation of the measure is practicable impact on marine mammal presence of stimuli compared to expected to minimize adverse impacts species or stocks and their habitat, observations in the absence of stimuli to marine mammals; paying particular attention to rookeries, (need to be able to accurately predict (2) The proven or likely efficacy of the mating grounds, and areas of similar received level, distance from source, specific measure to minimize adverse significance. and other pertinent information); and impacts as planned; and • Distribution and/or abundance (3) The practicability of the measure Monitoring and Reporting comparisons in times or areas with for applicant implementation including In order to issue an ITA for an concentrated stimuli versus times or consideration of personnel safety, activity, section 101(a)(5)(D) of the areas without stimuli;

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(4) An increased knowledge of the Sea, southern Atlantic Ocean, and/or avoidance maneuvers or a shut-down of affected species; and Southern Ocean, the second and third the seismic source. (5) An increase in our understanding PSOs will receive additional specialized When a marine mammal is detected of the effectiveness of certain mitigation training from the lead PSO to ensure within or about to enter the designated and monitoring measures. that they can identify marine mammal exclusion zone, the airguns will immediately be shut-down, unless the Monitoring species commonly found in the Scotia Sea and southern Atlantic Ocean. vessel’s speed and/or course can be NSF and ASC will conduct marine Observations will take place during changed to avoid having the animal mammal monitoring during the low- ongoing daytime operations and enter the exclusion zone. The PSO(s) energy seismic survey, in order to nighttime ramp-ups of the airguns. will continue to maintain watch to implement the mitigation measures that During the majority of seismic determine when the animal is outside require real-time monitoring and to operations, at least one PSO will be on the exclusion zone by visual satisfy the anticipated monitoring duty from observation platforms (i.e., confirmation. Airgun operations will requirements of the IHA. NSF and the best available vantage point on the not resume until the animal is ASC’s ‘‘Monitoring Plan’’ is described source vessel) to monitor marine confirmed to have left the exclusion below this section. NSF and ASC mammals near the seismic vessel. zone, or is not observed after 15 minutes understand that this monitoring plan PSO(s) will be on duty in shifts no for species with shorter dive durations will be subject to continuing review by longer than 4 hours in duration. Other (small odontocetes and pinnipeds) or 30 NMFS and that refinements may be crew will also be instructed to assist in minutes for species with longer dive required. The monitoring work detecting marine mammals and durations (mysticetes and large described here has been planned as a implementing mitigation requirements odontocetes, including sperm, killer, self-contained project independent of (if practical). Before the start of the low- and beaked whales). any other related monitoring projects energy seismic survey, the crew will be PSO Data and Documentation that may be occurring simultaneously in given additional instruction on how to the same regions. NSF and ASC are do so. PSOs will record data to estimate the prepared to discuss coordination of The Palmer is a suitable platform for numbers of marine mammals exposed to their monitoring program with any marine mammal observations and will various received sound levels and to related work that might be done by serve as the platform from which PSOs document apparent disturbance other groups insofar as this is practical will watch for marine mammals before reactions or lack thereof. Data will be and desirable. and during seismic operations. Two used to estimate numbers of animals Vessel-Based Visual Monitoring locations are likely as observation potentially ‘‘taken’’ by harassment (as stations onboard the Palmer. One defined in the MMPA). They will also NSF and ASC’s PSOs will be based observing station is located on the provide information needed to order a aboard the seismic source vessel and bridge level, with the PSO eye level at shut-down of the airguns when a marine will watch for marine mammals near the approximately 16.5 m (54.1 ft) above the mammal is within or near the exclusion vessel during daytime airgun operations waterline and the PSO will have a good zone. Observations will also be made and during any ramp-ups of the airguns view around the entire vessel. In during daytime periods when the at night. PSOs will also watch for addition, there is an aloft observation Palmer is underway without seismic marine mammals near the seismic tower for the PSO approximately 24.4 m operations (i.e., transits to, from, and vessel for at least 30 minutes prior to the (80.1 ft) above the waterline that is through the study area) to collect start of airgun operations and after an protected from the weather, and affords baseline biological data. extended shut-down (i.e., greater than PSOs an even greater view. The When a sighting is made, the approximately 15 minutes for this low- approximate view around the vessel following information about the sighting energy seismic survey). When feasible, from the bridge is 270° and from the will be recorded: PSOs will conduct observations during aloft observation tower is 360°. 1. Species, group size, age/size/sex daytime periods when the seismic Standard equipment for PSOs will be categories (if determinable), behavior system is not operating (such as during reticle binoculars. Night-vision when first sighted and after initial transits) for comparison of sighting rates equipment will not be available. The sighting, heading (if consistent), bearing and behavior with and without airgun PSOs will be in communication with and distance from seismic vessel, operations and between acquisition ship’s officers on the bridge and sighting cue, apparent reaction to the periods. Based on PSO observations, the scientists in the vessel’s operations seismic source or vessel (e.g., none, airguns will be shut-down when marine laboratory, so they can advise promptly avoidance, approach, paralleling, etc.), mammals are observed within or about of the need for avoidance maneuvers or and behavioral pace. to enter a designated exclusion zone. seismic source shut-down. During 2. Time, location, heading, speed, The exclusion zone is a region in which daytime, the PSO(s) will scan the area activity of the vessel, sea state, wind a possibility exists of adverse effects on around the vessel systematically with force, visibility, and sun glare. animal hearing or other physical effects. reticle binoculars (e.g., 7 × 50 Fujinon The data listed under (2) will also be During seismic operations in the FMTRC–SX) and the naked eye. These recorded at the start and end of each Scotia Sea and southern Atlantic Ocean, binoculars will have a built-in daylight observation watch, and during a watch at least three PSOs will be based aboard compass. Estimating distances is done whenever there is a change in one or the Palmer. At least one PSO will stand primarily with the reticles in the more of the variables. watch at all times while the Palmer is binoculars. The PSO(s) will be in direct All observations, as well as operating airguns during the low-energy (radio) wireless communication with information regarding ramp-ups or shut- seismic survey; this procedure will also ship’s officers on the bridge and downs will be recorded in a be followed when the vessel is in scientists in the vessel’s operations standardized format. Data will be transit. NSF and ASC will appoint the laboratory during seismic operations, so entered into an electronic database. The PSOs with NMFS’s concurrence. The they can advise the vessel operator, data accuracy will be verified by lead PSO will be experienced with science support personnel, and the computerized data validity checks as marine mammal species in the Scotia science party promptly of the need for the data are entered and by subsequent

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manual checking of the database by the • Initial sighting distances versus resume their activities until notified by PSOs at sea. These procedures will airgun activity state; NMFS via letter or email, or telephone. • allow initial summaries of data to be Closest point of approach versus Reporting an Injured or Dead Marine prepared during and shortly after the airgun activity state; • Mammal with an Unknown Cause of field program, and will facilitate transfer Observed behaviors and types of Death—In the event that NSF and ASC movements versus airgun activity state; of the data to statistical, graphical, and discover an injured or dead marine • Numbers of sightings/individuals other programs for further processing mammal, and the lead PSO determines and archiving. seen versus airgun activity state; and • Distribution around the source that the cause of the injury or death is Results from the vessel-based unknown and the death is relatively observations will provide the following vessel versus airgun activity state. recent (i.e., in less than a moderate state information: The report will also include estimates of decomposition), NSF and ASC shall 1. The basis for real-time mitigation of the number and nature of exposures immediately report the incident to the (airgun shut-down). that could result in ‘‘takes’’ of marine 2. Information needed to estimate the mammals by harassment or in other Chief of the Permits and Conservation number of marine mammals potentially ways. NMFS will review the draft report Division, Office of Protected Resources, taken by harassment, which must be and provide any comments it may have, NMFS, at 301–427–8401, and/or by reported to NMFS. and NSF and ASC will incorporate email to [email protected] and 3. Data on the occurrence, NMFS’s comments and prepare a final [email protected]. The report distribution, and activities of marine report. After the report is considered must include the same information mammals in the area where the seismic final, it will be publicly available on the identified in the paragraph above. study is conducted. NMFS Web site at: http:// Activities may continue while NMFS 4. Information to compare the www.nmfs.noaa.gov/pr/permits/ reviews the circumstances of the distance and distribution of marine incidental/. incident. NMFS will work with NSF mammals relative to the source vessel at Reporting Prohibited Take—In the and ASC to determine whether times with and without seismic activity. unanticipated event that the specified modifications in the activities are 5. Data on the behavior and activity clearly causes the take of a appropriate. movement patterns of marine mammals marine mammal in a manner prohibited Reporting an Injured or Dead Marine seen at times with and without seismic by this IHA, such as an injury (Level A Mammal Not Related to the Activities— activity. harassment), serious injury or mortality In the event that NSF and ASC discover Reporting (e.g., ship-strike, gear interaction, and/or an injured or dead marine mammal, and entanglement), NSF and ASC would the lead PSO determines that the injury NSF and ASC will submit a immediately cease the specified or death is not associated with or related comprehensive report to NMFS within activities and immediately report the to the activities authorized in the IHA 90 days after the end of the cruise. The incident to the Chief of the Permits and (e.g., previously wounded animal, report will describe the operations that Conservation Division, Office of carcass with moderate or advanced were conducted and sightings of marine Protected Resources, NMFS at 301–427– decomposition, or scavenger damage), mammals near the operations. The 8401 and/or by email to Jolie.Harrison@ NSF and ASC will report the incident to report submitted to NMFS will provide noaa.gov and Howard.Goldstein@ the Chief of the Permits and full documentation of methods, results, noaa.gov. The report must include the Conservation Division, Office of and interpretation pertaining to all following information: Protected Resources, NMFS, at 301– monitoring. The 90-day report will • Time, date, and location (latitude/ 427–8401, and/or by email to summarize the dates and locations of longitude) of the incident; [email protected] and seismic operations and all marine • Name and type of vessel involved; [email protected], within 24 mammal sightings (i.e., dates, times, • Vessel’s speed during and leading hours of discovery. NSF and ASC will locations, activities, and associated up to the incident; provide photographs or video footage (if seismic survey activities). The report • Description of the incident; available) or other documentation of the will include, at a minimum: • Status of all sound source use in the stranded animal sighting to NMFS. • Summaries of monitoring effort— 24 hours preceding the incident; Activities may continue while NMFS total hours, total distances, and • Water depth; reviews the circumstances of the distribution of marine mammals • Environmental conditions (e.g., incident. through the study period accounting for wind speed and direction, Beaufort sea Beaufort sea state and other factors state, cloud cover, and visibility); Estimated Take by Incidental affecting visibility and detectability of • Description of all marine mammal Harassment marine mammals; observations in the 24 hours preceding • Analyses of the effects of various the incident; Except with respect to certain factors influencing detectability of • Species identification or activities not pertinent here, the MMPA marine mammals including Beaufort sea description of the animal(s) involved; defines ‘‘harassment’’ as: Any act of state, number of PSOs, and fog/glare; • Fate of the animal(s); and pursuit, torment, or annoyance which (i) • Species composition, occurrence, • Photographs or video footage of the has the potential to injure a marine and distribution of marine mammals animal(s) (if equipment is available). mammal or marine mammal stock in the sightings including date, water depth, Activities shall not resume until wild [Level A harassment]; or (ii) has numbers, age/size/gender, and group NMFS is able to review the the potential to disturb a marine sizes, and analyses of the effects of circumstances of the prohibited take. mammal or marine mammal stock in the seismic operations; NMFS shall work with NSF and ASC to wild by causing disruption of behavioral • Sighting rates of marine mammals determine what is necessary to patterns, including, but not limited to, during periods with and without airgun minimize the likelihood of further migration, breathing, nursing, breeding, activities (and other variables that could prohibited take and ensure MMPA feeding, or sheltering [Level B affect detectability); compliance. NSF and ASC may not harassment].

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TABLE 4—NMFS’S CURRENT UNDERWATER ACOUSTIC EXPOSURE CRITERIA

Impulsive (non-explosive) sound Criterion Criterion definition Threshold

Level A harassment (injury) ... Permanent threshold shift (PTS) ...... 180 dB re 1 μPa-m (root means square [rms]) (Any level above that which is known to cause TTS) (cetaceans). 190 dB re 1 μPa-m (rms) (pinnipeds). Level B harassment ...... Behavioral disruption (for impulsive noise) ...... 160 dB re 1 μPa-m (rms). Level B harassment ...... Behavioral disruption (for continuous noise) ...... 120 dB re 1 μPa-m (rms).

Level B harassment is anticipated and densities are limited for the planned (British Antarctic Survey, undated) were authorized as a result of the low-energy low-energy seismic survey’s action area. used as the basis to estimate densities seismic survey in the Scotia Sea and Available density estimates from the for four species: southern right whale, southern Atlantic Ocean. Acoustic Naval Marine Species Density Database southern bottlenose whale, hourglass stimuli (i.e., increased underwater (NMSDD) (NAVFAC, 2012) were used dolphin, and Peale’s dolphin. The sound) generated during the operation for 5 mysticetes and eight odontocetes. cruise length was 4,143 km (2,237 nmi); of the seismic airgun array are expected Density of spectacled porpoise was however, lateral distance from the to result in the behavioral disturbance of based on the density reported in Santora vessel where cetaceans were viewed some marine mammals. There is no et al. (2009; as reported in NOAA was not identified in the report. evidence that the planned activities for SWFSC, 2013). Densities for minke Therefore, it was assumed that all which NSF and ASC seek the IHA could (including the dwarf sub-species) species were sighted within 2.5 km (1.4 result in injury, serious injury, or whales and Subantarctic fur seals were nmi) of the vessel (5 km [2.7 nmi] mortality. The required mitigation and unavailable and the densities for width) because this was the assumed monitoring measures will minimize any Antarctic minke whales and Antarctic sighting distance (half strip width). This potential risk for injury, serious injury, fur seals were used as proxies, resulted in a survey area of 20,715 km2 or mortality. respectively. (6,039 nmi2). Density of the strap- The following sections describe NSF For other mysticetes and odontocetes, toothed beaked whale was based on and ASC’s methods to estimate take by reported sightings data from two sighting data reported in Rossi-Santos et incidental harassment and present the previous research surveys in the Scotia al. (2007). The survey length was 1,296 applicant’s estimates of the numbers of Sea and vicinity were used to identify km (699.8 nmi); however, lateral marine mammals that could be affected species that may be present in the distance from the vessel where during the low-energy seismic survey in planned action area and to estimate cetaceans were sighted was not the Scotia Sea and southern Atlantic densities. While these surveys were not identified in the report. Therefore, it Ocean. The estimates are based on a specifically designed to quantify marine was assumed that all species were consideration of the number of marine mammal densities, there was sufficient sighted within 2.5 km of the vessel (5 mammals that could be harassed during information to develop density km width) because this was assumed as the approximately 325 hours and 2,950 estimates. The data collected for the two a conservative distance where cetaceans km of seismic airgun operations with studies were in terms of animals sighted could be consistently observed. This the two GI airgun array to be used. per time unit, and the sighting data were width was needed to calculate densities During simultaneous operations of the then converted to an areal density from data sources where only cruise airgun array and the other sound (number of animals per square km) by distance and animal numbers were sources, any marine mammals close multiplying the number of animals available in the best available reports. enough to be affected by the single and observed by the estimated area observed This resulted in a survey area of 6,480 multi-beam echosounders, ADCP, or during the survey. km2 (1,889.3 nmi2) sub-bottom profiler will already be Some marine mammals that were With respect to pinnipeds, one study affected by the airguns. During times present in the area may not have been (Santora et al., 2009 as reported in when the airguns are not operating, it is observed. Southwell et al. (2008) NOAA SWFSC, 2013) provided a unlikely that marine mammals will suggested a 20 to 40% sighting factor for density estimate for southern elephant exhibit more than minor, short-term pinnipeds, and the most conservative seals. No other studies in the region of responses to the echosounders, ADCPs, value from Southwell et al. (2008) was the Scotia Sea provided density and sub-bottom profiler given their applied for cetaceans. Therefore, the estimates for pinnipeds. Therefore, characteristics (e.g., narrow, downward- estimated frequency of sightings data in reported sighting data from two directed beam) and other considerations the notice of the proposed IHA (79 FR previous research surveys in the Scotia described previously in the notice of the 45592, August 5, 2014) and this IHA for Sea and vicinity were used to identify proposed IHA (79 FR 45592, August 5, cetaceans incorporates a correction species that may be present and to 2014). Such reactions are not considered factor of 5, which assumes only 20% of estimate densities. Sighting data to constitute ‘‘taking’’ (NMFS, 2001). the animals present were reported due collected during the 2003 RRS James Therefore, for this activity, take was not to sea and other environmental Clark Ross Cruise JR82 (British authorized specifically for these sound conditions that may have hindered Antarctic Survey, undated) were used as sources beyond that which is already observation, and therefore, there were 5 the basis to estimate densities for four planned to be authorized for airguns. times more cetaceans actually present. species: Antarctic fur seal, crabeater There are no stock assessments and The correction factor (20%) was seal, leopard seal, and Weddell seal. very limited population information intended to conservatively account for The survey length was 4,143 km available for marine mammals in the unobserved animals. (1,207.9 nmi); however, lateral distance Scotia Sea and southern Atlantic Ocean. Sighting data collected during the from the vessel where pinnipeds were Published estimates of marine mammal 2003 RRS James Clark Ross Cruise JR82 viewed was not identified in the report.

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Therefore, it was assumed that all relatively difficult to observe in the necessarily representative of individuals species were sighted within 0.4 km (0.2 water due to their small body size and that are in the water and could be nmi) of the vessel (0.8 km [0.4 nmi] surface behavior, and some pinnipeds potentially exposed to underwater width), based on Southwell et al. (2008). may not have been observed due to poor sounds during the seismic airgun This resulted in a survey area of 3,315 visibility conditions. operations; therefore, the pinniped km2 (966.5 nmi2). The pinnipeds that may be present in densities have been adjusted downward Some pinnipeds that were present in the study area during the planned action to account for this consideration. Take the area during the British Antarctic and are expected to be observed occur was not requested for Ross seals because Survey cruise may not have been mostly near pack ice, coastal areas, and preferred habitat for this species is not observed. Therefore, a correction factor rocky habitats on the shelf, and are not within the planned action area. of 1.66 was applied to the pinniped prevalent in open sea areas where the Although there is some uncertainty density estimates, which assumes 66% low-energy seismic survey will be about the representativeness of the data more animals than observed were conducted. Because density estimates and the assumptions used in the present and potentially may have been for pinnipeds in the sub-Antarctic and calculations below, the approach used in the water. This conservative Antarctic regions typically represent here is believed to be the best available correction factor takes into individuals that have hauled-out of the approach, using the best available consideration that pinnipeds are water, those estimates are not science. TABLE 5—ESTIMATED DENSITIES AND NUMBER OF MARINE MAMMAL SPECIES THAT MIGHT BE EXPOSED TO GREATER THAN OR EQUAL TO 160 dB (AIRGUN OPERATIONS) DURING NSF AND ASC’S LOW-ENERGY SEISMIC SURVEY (AP- PROXIMATELY 2,950 km OF TRACKLINES/APPROXIMATELY 3,953 km2 [0.67 km × 2 × 2,950 km] ENSONIFIED AREA FOR AIRGUN OPERATIONS) IN THE SCOTIA SEA AND SOUTHERN ATLANTIC OCEAN, SEPTEMBER TO OCTOBER 2014

Calculated take from seismic airgun Approximate operations percentage Density (# (i.e., of of estimated Authorized Abundance 3 population Population trend 5 Species animals/ number of take 2 1 estimate km ) individuals (authorized exposed to take) 4 sound levels ≥160 dB re 1 μPa) 2

Mysticetes: Southern right whale ...... 0.0079652 31 31 8,000 to 15,000 ...... 0.39 Increasing at 7 to 8% per year Humpback whale...... 0.0006610 3 3 35,000 to 40,000—Worldwide 0.03 Increasing 9,484—Scotia Sea and Antarc- tica Peninsula. Antarctic minke whale ...... 0.1557920 616 616 Several 100,000—Worldwide 3.4 Stable 18,125—Scotia Sea and Ant- arctica Peninsula. Minke whale (including dwarf 0.1557920 616 616 NA...... NA NA minke whale sub-species). Sei whale ...... 0.0063590 25 25 80,000—Worldwide ...... 0.03 NA Fin whale ...... 0.0182040 72 72 140,000—Worldwide 4,672—Sco- 1.54 NA tia Sea and Antarctica Penin- sula. Blue whale ...... 0.0000510 1 1 8,000 to 9,000—Worldwide ...... 0.01 NA Odontocetes: Sperm whale ...... 0.0020690 8 8 360,000—Worldwide 9,500—Ant- <0.01 NA arctic. Arnoux’s beaked whale ...... 0.0113790 45 45 NA ...... NA NA Cuvier’s beaked whale ...... 0.000548 3 3 NA ...... NA NA Gray’s beaked whale ...... 0.0018850 7 7 NA ...... NA NA Shepherd’s beaked whale .... 0.0092690 37 37 NA ...... NA NA Strap-toothed beaked whale 0.0007716 3 3 NA ...... NA NA Southern bottlenose whale ... 0.0089307 35 35 50,000—South of Antarctic Con- 0.07 NA vergence. Killer whale ...... 0.0153800 61 61 80,000—South of Antarctic Con- 0.08 NA vergence. Long-finned pilot whale ...... 0.2145570 848 848 200,000—South of Antarctic Con- 0.42 NA vergence. Peale’s dolphin ...... 0.0026551 10 10 NA—Worldwide; 200—southern NA 5 NA Chile3. Hourglass dolphin ...... 0.0154477 61 61 144,000 ...... 0.04 NA Southern right whale dolphin 0.0061610 24 24 NA ...... NA NA Spectacled porpoise ...... 0.0015000 6 6 NA ...... NA NA Pinnipeds: Crabeater seal ...... 0.0185313 73 73 5,000,000 to 15,000,000 ...... <0.01 Increasing Leopard seal ...... 0.0115194 46 46 220,000 to 440,000 ...... 0.02 NA Weddell seal ...... 0.005129 20 20 500,000 to 1,000,000 ...... <0.01 NA Southern elephant seal ...... 0.0003000 1 1 640,000 to 650,000—Worldwide; <0.01 Increasing, decreasing, or stable 470,000—South Georgia Island. depending on breeding popu- lation Antarctic fur seal ...... 0.5103608 2,017 2,017 1,600,000 to 3,000,000 ...... 0.13 Increasing

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TABLE 5—ESTIMATED DENSITIES AND NUMBER OF MARINE MAMMAL SPECIES THAT MIGHT BE EXPOSED TO GREATER THAN OR EQUAL TO 160 dB (AIRGUN OPERATIONS) DURING NSF AND ASC’S LOW-ENERGY SEISMIC SURVEY (AP- PROXIMATELY 2,950 km OF TRACKLINES/APPROXIMATELY 3,953 km2 [0.67 km × 2 × 2,950 km] ENSONIFIED AREA FOR AIRGUN OPERATIONS) IN THE SCOTIA SEA AND SOUTHERN ATLANTIC OCEAN, SEPTEMBER TO OCTOBER 2014— Continued

Calculated take from seismic airgun Approximate operations percentage Density (# (i.e., of of estimated Authorized Abundance 3 population Population trend 5 Species animals/ number of take 2 1 estimate km ) individuals (authorized exposed to take) 4 sound levels ≥160 dB re 1 μPa) 2

Subantarctic fur seal ...... 0.5103608 2,017 2,017 >310,000 ...... 0.65 Increasing NA = Not available or not assessed. 1 Sightings from a 47 day (7,560 km) period on the RRS James Clark Ross JR82 survey during January to February 2003 and sightings from a 34 day (1,296 km) period on the Kotic II from January to March 2006. 2 Calculated take is estimated density (reported density times correction factor) multiplied by the area ensonified to 160 dB (rms) around the planned seismic lines, increased by 25% for contingency. 3 See population estimates for marine mammal species in Table 4 (above). 4 Total authorized takes expressed as percentages of the species or regional populations. 5 Jefferson et al. (2008). Note: Take was not requested for Ross seals because preferred habitat for these species is not within the planned action area.

Numbers of marine mammals that (rms) from seismic airgun operations in response to increasing sound levels might be present and potentially was calculated by multiplying: before the levels reach 160 dB for disturbed are estimated based on the (1) The expected species density (in seismic airgun operations, which is available data about marine mammal number/km2), times likely to occur and which will decrease distribution and densities in the (2) The anticipated area to be the density of marine mammals in the planned Scotia Sea and southern ensonified to that level during airgun survey area. Another way of interpreting Atlantic Ocean study area. NSF and operations. the estimates in Table 5 is that they ASC estimated the number of different Applying the approach described represent the number of individuals that 2 individuals that may be exposed to above, approximately 3,953 km will be expected (in absence of a seismic airgun sounds with received levels (including the 25% contingency) would program) to occur in the waters that will greater than or equal to 160 dB re 1 mPa be ensonified within the 160 dB be exposed to greater than or equal to (rms) for seismic airgun operations on isopleth for seismic airgun operations 160 dB (rms) for seismic airgun one or more occasions by considering on one or more occasions during the operations. the total marine area that would be planned survey. The take calculations NSF and ASC’s estimates of exposures within the 160 dB radius around the within the study sites do not explicitly to various sound levels assume that the operating airgun array on at least one add animals to account for the fact that planned seismic survey will be carried occasion and the expected density of new animals (i.e., turnover) not out in full; however, the ensonified accounted for in the initial density marine mammals in the area (in the areas calculated using the planned snapshot could also approach and enter absence of the a seismic survey). The number of line-kilometers has been the area ensonified above 160 dB for number of possible exposures can be increased by 25% to accommodate lines seismic airgun operations. However, estimated by considering the total that may need to be repeated, studies suggest that many marine marine area that would be within the equipment testing, etc. As is typical mammals will avoid exposing 160 dB radius (the diameter is 670 m during offshore ship surveys, inclement themselves to sounds at this level, times 2) around the operating airguns. weather and equipment malfunctions which suggests that there will not The 160 dB radii are based on acoustic will be likely to cause delays and may necessarily be a large number of new limit the number of useful line- modeling data for the airguns that may animals entering the area once the kilometers of seismic operations that be used during the planned action (see seismic survey started. Because this can be undertaken. The estimates of the Attachment B of the IHA application). approach for calculating take estimates numbers of marine mammals potentially As summarized in Table 3 (see Table 8 does not account for turnover in the exposed to 160 dB (rms) received levels of the IHA application), the modeling marine mammal populations in the area are precautionary and probably results for the planned low-energy during the course of the planned survey, overestimate the actual numbers of seismic airgun array indicate the the actual number of individuals marine mammals that could be received levels are dependent on water exposed may be underestimated. involved. These estimates assume that depth. Since the majority of the planned However, any underestimation is likely there will be no weather, equipment, or airgun operations will be conducted in offset by the conservative (i.e., probably mitigation delays that limit the seismic waters greater than 1,000 m deep, the overestimated) line-kilometer distances 3 operations, which is highly unlikely. buffer zone of 670 m for the two 105 in (including the 25% contingency) used Table 5 shows the estimates of the GI airguns was used. to calculate the survey area, and the fact number of different individual marine The number of different individuals the approach assumes that no cetaceans mammals anticipated to be exposed to potentially exposed to received levels or pinnipeds will move away or toward greater than or equal to 160 dB re 1 mPa greater than or equal to 160 dB re 1 mPa the tracklines as the Palmer approaches (rms) for seismic airgun operations

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during the low-energy seismic survey if level effects). An estimate of the number (4) The likelihood that marine no animals moved away from the survey of Level B harassment takes, alone, is mammal detection ability by trained vessel. The total authorized take not enough information on which to PSOs is high at close proximity to the authorization is given in the middle base an impact determination. In vessel. column (fourth from the right) of Table addition to considering estimates of the No injuries, serious injuries, or 5. number of marine mammals that might mortalities are anticipated to occur as a be ‘‘taken’’ through behavioral result of NSF and ASC’s planned low- Encouraging and Coordinating harassment, NMFS must consider other energy seismic survey, and none are Research factors, such as the likely nature of any authorized by NMFS. Table 5 of this NSF and ASC will coordinate the responses (their intensity, duration, etc.) document outlines the number of planned marine mammal monitoring and the context of any responses authorized Level B harassment takes program associated with the low-energy (critical reproductive time or location, that are anticipated as a result of these seismic survey with other parties that migration, etc.), as well as the number activities. Due to the nature, degree, and express interest in this activity and area. and nature of estimated Level A context of Level B (behavioral) NSF and ASC will coordinate with harassment takes, the number of harassment anticipated and described in applicable U.S. agencies (e.g., NMFS), estimated mortalities, effects on habitat, this notice (see ‘‘Potential Effects on and will comply with their and the status of the species. Marine Mammals’’ section above), the requirements. NSF has already prepared In making a negligible impact activity is not expected to impact rates a permit application for the Government determination, NMFS evaluated factors of annual recruitment or survival for of South Georgia and South Sandwich such as: any affected species or stock, Islands for the planned research (1) The number of anticipated serious particularly given NMFS’s and the activities, including trawling and injuries and or mortalities; applicant’s planned mitigation, sampling of the seafloor. The action will (2) The number and nature of monitoring, and reporting measures to complement fieldwork studying other anticipated injuries; minimize impacts to marine mammals. Antarctic ice shelves, oceanographic (3) The number, nature, intensity, and Additionally, the seismic survey would studies, and ongoing development of ice duration of takes by Level B harassment not adversely impact marine mammal sheet and other ocean models. It will (all of which are relatively limited in habitat. For the marine mammal species that facilitate learning at sea and ashore by this case); may occur within the action area, there students, help to fill important spatial (4) The context in which the takes are no known designated or important and temporal gaps in a lightly sampled occur (e.g., impacts to areas of feeding and/or reproductive areas. Many region of coastal Antarctica, provide significance, impacts to local additional data on marine mammals animals perform vital functions, such as populations, and cumulative impacts feeding, resting, traveling, and present in the Scotia Sea study areas, when taking into account successive/ and communicate its findings via socializing, on a diel cycle (i.e., 24 hr contemporaneous actions when added cycle). Behavioral reactions to noise reports, publications, and public to baseline data); outreach. exposure (such as disruption of critical (5) The status of stock or species of life functions, displacement, or Impact on Availability of Affected marine mammals (i.e., depleted, not avoidance of important habitat) are Species or Stock for Taking for depleted, decreasing, increasing, stable, more likely to be significant if they last Subsistence Uses impact relative to the size of the more than one diel cycle or recur on population); subsequent days (Southall et al., 2007). Section 101(a)(5)(D) of the MMPA (6) Impacts on habitat affecting rates also requires NMFS to determine that While airgun operations are anticipated of recruitment/survival; and to occur on consecutive days, the the authorization will not have an (7) The effectiveness of monitoring unmitigable adverse effect on the estimated duration of the survey will and mitigation measures. not last more than a total of 30 days. availability of marine mammal species NMFS has determined that the or stocks for subsistence use. There are Additionally, the seismic survey will be specified activities associated with the increasing sound levels in the marine no relevant subsistence uses of marine marine seismic survey are not likely to mammals implicated by this action (in environment in a relatively small area cause PTS, or other non-auditory injury, surrounding the vessel (compared to the the Scotia Sea and southern Atlantic serious injury, or death, based on the Ocean study area). Therefore, NMFS has range of the animals), which is analysis above and the following factors: constantly travelling over distances, so determined that the total taking of (1) The likelihood that, given individual animals likely will only be affected species or stocks will not have sufficient notice through relatively slow exposed to and harassed by sound for an unmitigable adverse impact on the ship speed, marine mammals are less than a day. availability of such species or stocks for expected to move away from a noise As mentioned previously, NMFS taking for subsistence purposes. source that is annoying prior to its estimates that 26 species of marine Analysis and Determinations becoming potentially injurious; mammals under its jurisdiction could be (2) The availability of alternate areas potentially affected by Level B Negligible Impact of similar habitat value for marine harassment over the course of the IHA. Negligible impact is ‘‘an impact mammals to temporarily vacate the The population estimates for the marine resulting from the specified activity that survey area during the operation of the mammal species that may be taken by cannot be reasonably expected to, and is airgun(s) to avoid acoustic harassment; Level B harassment were provided in not reasonably likely to, adversely affect (3) The potential for temporary or Tables 2 and 5 of this document. As the species or stock through effects on permanent hearing impairment is shown in those tables, the takes all annual rates of recruitment or survival’’ relatively low and would likely be represent small proportions of the (50 CFR 216.103). A negligible impact avoided through the implementation of overall populations of these marine finding is based on the lack of likely the required monitoring and mitigation mammal species (i.e., all are less than or adverse effects on annual rates of measures (including shut-down equal to 5%). No injury, serious injury, recruitment or survival (i.e., population- measures); and or mortality is expected to occur for any

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of these species, and due to the nature, Marine Mammals’’ section above) in this 20 Weddell, and 1 southern elephant degree, and context of the Level B notice, the activity is not expected to seals and 2,017 Antarctic and 2,017 harassment anticipated, the activity is impact rates of annual recruitment or Subantarctic fur seals could be taken by not expected to impact rates of survival for any affected species or Level B harassment during the planned recruitment or survival for any of these stock, particularly given the NMFS and seismic survey, which would represent marine mammal species. applicant’s plan to implement <0.01, 0.02, <0.01, <0.01, 0.13, and 0.65 Of the 26 marine mammal species mitigation and monitoring measures of the affected worldwide or regional under NMFS jurisdiction that may or will minimize impacts to marine population, respectively. are known to likely occur in the study mammals. Based on the analysis No known current worldwide or area, six are listed as threatened or contained herein of the likely effects of regional population estimates are endangered under the ESA: Southern the specified activity on marine available for 9 species under NMFS’s right, humpback, sei, fin, blue, and mammals and their habitat, and taking jurisdiction that could potentially be sperm whales. These species are also into consideration the implementation affected by Level B harassment over the considered depleted under the MMPA. of the required monitoring and course of the IHA. These species None of the other marine mammal mitigation measures, NMFS finds that include the minke, Arnoux’s beaked, species that may be taken are listed as the total marine mammal take from NSF Cuvier’s beaked, Gray’s beaked, depleted under the MMPA. Of the ESA- and ASC’s low-energy seismic survey Shepherd’s beaked, and strap-toothed listed species, incidental take has been will have a negligible impact on the beaked whales, and Peale’s and authorized for all six species. To protect affected marine mammal species or southern right whale dolphins and these animals (and other marine stocks. spectacled porpoises. Minke whales mammals in the study area), NSF and occur throughout the North Pacific ASC will be required to cease airgun Small Numbers Ocean and North Atlantic Ocean and operations if any marine mammal enters As mentioned previously, NMFS the dwarf sub-species occurs in the designated exclusion zones. No injury, estimates that 26 species of marine Southern Hemisphere (Jefferson et al., serious injury, or mortality is expected mammals under its jurisdiction could be 2008). Arnoux’s beaked whales have a to occur for any of these species, and potentially affected by Level B vast circumpolar distribution in the due to the nature, degree, and context of harassment over the course of the IHA. deep, cold waters of the Southern the Level B harassment anticipated, the The population estimates for the marine Hemisphere generally southerly from activity is not expected to impact rates mammal species that may be taken by ° of recruitment or survival for any of Level B harassment were provided in 34 South. Cuvier’s beaked whales these species. Tables 2 and 5 of this document. generally occur in deep, offshore waters NMFS’s practice has been to apply the The estimated numbers of individual of tropical to polar regions worldwide. 160 dB re 1 mPa (rms) received level cetaceans and pinnipeds that could be They seem to prefer waters over and threshold for underwater impulse sound exposed to seismic sounds with near the continental slope (Jefferson et levels to determine whether take by received levels greater than or equal to al., 2008). Gray’s beaked whales are Level B harassment occurs. Southall et 160 dB re 1 mPa (rms) during the survey generally found in deep waters of ° al. (2007) provide a severity scale for (including a 25% contingency) are in temperate regions (south of 30 South) ranking observed behavioral responses Table 5 of this document. Of the in the Southern Hemisphere (Jefferson of both free-ranging marine mammals cetaceans, 31 southern right, 3 et al., 2008). Shepherd’s beaked whales and laboratory subjects to various types humpback, 616 Antarctic minke, 616 are generally found in deep temperate ° of anthropogenic sound (see Table 4 in minke, 25 sei, 72 fin, 1 blue, and 8 waters (south of 30 South) of the Southall et al. [2007]). NMFS has sperm whales could be taken by Level Southern Hemisphere and are thought determined that, provided that the B harassment during the planned to have a circumpolar distribution aforementioned mitigation and seismic survey, which would represent (Jefferson et al., 2008). Strap-toothed monitoring measures are implemented, 0.39, 0.03, 3.4, unknown, 0.03, 1.54, 0.1, beaked whales are generally found in the impact of conducting a low-energy and <0.01% of the affected worldwide deep temperate waters (between 35 to marine seismic survey in the Scotia Sea or regional populations, respectively. In 60° South) of the Southern Hemisphere and southern Atlantic Ocean, September addition, 45 Arnoux’s beaked, 3 (Jefferson et al., 2008). Peale’s dolphins to October 2014, may result, at worst, in Cuvier’s beaked, 7 Gray’s beaked, 37 generally occur in the waters around the a modification in behavior and/or low- Shepherd’s beaked, 3 strap-toothed southern tip of South America from 33 level physiological effects (Level B beaked, and 35 southern bottlenose to 38° South, but may extend to islands harassment) of certain species of marine whales could be taken be Level B further south. This species is considered mammals. harassment during the planned seismic coastal as they are commonly found in While behavioral modifications, survey, which would represent waters over the continental shelf including temporarily vacating the area unknown, unknown, unknown, (Jefferson et al., 2008). Southern right during the operation of the airgun(s), unknown, unknown, and 0.07% of the whale dolphins are generally found in may be made by these species to avoid affected worldwide or regional temperate to subantarctic waters (30 to the resultant acoustic disturbance, the populations, respectively. Of the 65° South), with a southern limit availability of alternate areas for species delphinids, 61 killer whales, 848 long- bounded by the Antarctic Convergence to move to and the short and sporadic finned pilot whales, and 10 Peale’s, 61 (Jefferson et al., 2008). Spectacled duration of the research activities have hourglass, and 24 southern right whale porpoises are generally found in led NMFS to determine that the taking dolphins, and 6 spectacled porpoise subantarctic waters and may have a by Level B harassment from the could be taken by Level B harassment circumpolar distribution in the specified activity will have a negligible during the planned seismic survey, Southern Hemisphere (as far south as impact on the affected species in the which would represent 0.08, 0.42, 64° South). They have been sighted in specified geographic region. Due to the unknown/5, 0.04, unknown, and oceanic waters, near islands, as well as nature, degree, and context of Level B unknown of the affected worldwide or in rivers and channels (Jefferson et al., (behavioral) harassment anticipated and regional populations, respectively. Of 2008). Based on these distributions and described (see ‘‘Potential Effects on the pinnipeds, 73 crabeater, 46 leopard, preferences of these species, NMFS

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concludes that the authorized take of National Environmental Policy Act DEPARTMENT OF COMMERCE these species likely represent small numbers relative to the affected species’ With NSF and ASC’s complete IHA National Oceanic and Atmospheric overall population sizes. application, NSF and ASC provided Administration NMFS an ‘‘Initial Environmental NMFS makes its small numbers Evaluation/Environmental Assessment RIN 0648–XD531 determination based on the number of to Conduct a Study of the Role of the marine mammals that will be taken Takes of Marine Mammals Incidental to Central Scotia Sea and North Scotia Specified Activities; Taking Marine relative to the populations of the Ridge in the Onset and Development of affected species or stocks. The Mammals Incidental to Rocky Intertidal the Antarctic Circumpolar Current,’’ authorized take estimates all represent Monitoring Surveys Along the Oregon (IEE/EA), prepared by AECOM on behalf small numbers relative to the affected and California Coasts of NSF and ASC. The IEE/EA analyzes species or stock size (i.e., all are less the direct, indirect, and cumulative AGENCY: National Marine Fisheries than or equal to 5%). Based on the environmental impacts of the planned Service (NMFS), National Oceanic and analysis contained herein of the likely specified activities on marine mammals, Atmospheric Administration (NOAA), effects of the specified activity on including those listed as threatened or Commerce. marine mammals and their habitat, and endangered under the ESA. NMFS, after ACTION: Notice; proposed incidental taking into consideration the review and evaluation of the NSF and harassment authorization; request for implementation of the mitigation and ASC IEE/EA for consistency with the comments. monitoring measures, NMFS finds that regulations published by the Council of small numbers of marine mammals will SUMMARY: NMFS has received an Environmental Quality (CEQ) and be taken relative to the populations of application from the Partnership for the affected species or stocks. See Table NOAA Administrative Order 216–6, Interdisciplinary Study of Coastal 5 for the authorized take numbers of Environmental Review Procedures for Oceans (PISCO) at the University of marine mammals. Implementing the National California (UC) Santa Cruz for an Environmental Policy Act, prepared an Incidental Harassment Authorization Endangered Species Act independent Environmental Assessment (IHA) to take marine mammals, by titled ‘‘Environmental Assessment on harassment, incidental to rocky Of the species of marine mammals the Issuance of an Incidental intertidal monitoring surveys. Pursuant that may occur in the survey area, six Harassment Authorization to the to the Marine Mammal Protection Act are listed as endangered under the ESA: National Science Foundation and (MMPA), NMFS is requesting comments The southern right, humpback, sei, fin, Antarctic Support Contract to Take on its proposal to issue an IHA to PISCO blue, and sperm whales. Under section Marine Mammals by Harassment to incidentally take, by Level B 7 of the ESA, NSF, on behalf of ASC and Incidental to a Low-Energy Marine harassment only, marine mammals two other research institutions, initiated Geophysical Survey in the Scotia Sea during the specified activity. formal consultation with the NMFS, and South Atlantic Ocean, September to DATES: Comments and information must Office of Protected Resources, October 2014.’’ NMFS has determined be received no later than November 7, Endangered Species Act Interagency that the issuance of the IHA is not likely 2014. Cooperation Division, on this low- to result in significant impacts on the energy seismic survey. NMFS’s Office of ADDRESSES: Comments on the human environment and issued a Protected Resources, Permits and application should be addressed to Jolie Finding of No Significant Impact Harrison, Chief, Permits and Conservation Division, initiated and (FONSI). Conservation Division, Office of engaged in formal consultation under Protected Resources, National Marine section 7 of the ESA with NMFS’s Office Authorization Fisheries Service, 1315 East-West of Protected Resources, Endangered Highway, Silver Spring, MD 20910. The Species Act Interagency Cooperation NMFS has issued an IHA to NSF and mailbox address for providing email Division, on the issuance of an IHA ASC for conducting a low-energy seismic survey in the Scotia Sea and comments is [email protected]. under section 101(a)(5)(D) of the MMPA NMFS is not responsible for email southern Atlantic Ocean, incorporating for this activity. These two comments sent to addresses other than the previously mentioned mitigation, consultations were consolidated and the one provided here. Comments sent monitoring, and reporting requirements. addressed in a single Biological Opinion via email, including all attachments, addressing the direct and indirect Dated: October 2, 2014. must not exceed a 25-megabyte file size. effects of these independent actions. In Perry F. Gayaldo, Instructions: All comments received September 2014, NMFS issued a are a part of the public record and will Biological Opinion that concluded that Deputy Director, Office of Protected Resources, National Marine Fisheries Service. generally be posted to http:// the action is not likely to jeopardize the [FR Doc. 2014–23985 Filed 10–7–14; 8:45 am] www.nmfs.noaa.gov/pr/permits/ continued existence of the six listed incidental/research.htm without BILLING CODE 3510–22–P cetaceans that may occur in the survey change. All Personal Identifying area and included an Incidental Take Information (e.g., name, address) Statement (ITS) incorporating the voluntarily submitted by the commenter requirements of the IHA as Terms and may be publicly accessible. Do not Conditions of the ITS. Compliance with submit Confidential Business those Terms and Conditions is likewise Information or otherwise sensitive or a mandatory requirement of the IHA. protected information. The Biological Opinion also concluded An electronic copy of the application that designated critical habitat of these containing a list of the references used species does not occur in the action area in this document and associated and would not be affected by the survey. Environmental Assessment (EA) may be

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