Vol. 77 Wednesday, No. 182 September 19, 2012

Part III

Department of Commerce

Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey off the Central Coast of California, November to December, 2012; Notice

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DEPARTMENT OF COMMERCE document may be obtained by writing to not reasonably likely to, adversely affect the above address, telephoning the the species or stock through effects on National Oceanic and Atmospheric contact listed here (see FOR FURTHER annual rates of recruitment or survival.’’ Administration INFORMATION CONTACT) or visiting the Section 101(a)(5)(D) of the MMPA RIN 0648–XC072 internet at: http://www.nmfs.noaa.gov/ established an expedited process by pr/permits/incidental.htm#applications. which citizens of the United States can Takes of Marine Mammals Incidental to The National Science Foundation apply for an authorization to Specified Activities; Marine (NSF), which owns the R/V Marcus G. incidentally take small numbers of Geophysical Survey off the Central Langseth, has prepared a draft marine mammals by harassment. Coast of California, November to ‘‘Environmental Assessment Pursuant to Section 101(a)(5)(D) of the MMPA December, 2012 the National Environmental Policy Act, establishes a 45-day time limit for 42 U.S.C. 4321 et seq. Marine Seismic NMFS’s review of an application AGENCY: National Marine Fisheries Survey in the Pacific Ocean off Central followed by a 30-day public notice and Service (NMFS), National Oceanic and California, 2012’’ (EA). NSF’s EA comment period on any proposed Atmospheric Administration (NOAA), incorporates a draft ‘‘Environmental authorizations for the incidental Commerce. Assessment of Marine Geophysical harassment of small numbers of marine ACTION: Notice; proposed Incidental Surveys by the R/V Marcus G. Langseth mammals. Within 45 days of the close Harassment Authorization; request for for the Central California Seismic of the public comment period, NMFS comments. Imaging Project,’’ prepared by Padre must either issue or deny the Associates, Inc., on behalf of NSF, authorization. SUMMARY: NMFS has received an PG&E, and L–DEO, which is also Except with respect to certain application from the Lamont-Doherty available at the same internet address. activities not pertinent here, the MMPA Earth Observatory of Columbia Documents cited in this notice may be defines ‘‘harassment’’ as: Any act of University (L–DEO), in cooperation with viewed, by appointment, during regular pursuit, torment, or annoyance which (i) the Pacific Gas and Electric Company business hours, at the aforementioned has the potential to injure a marine (PG&E), for an Incidental Harassment address. mammal or marine mammal stock in the Authorization (IHA) to take marine wild [Level A harassment]; or (ii) has mammals, by harassment, incidental to FOR FURTHER INFORMATION CONTACT: the potential to disturb a marine conducting a marine geophysical Howard Goldstein or Jolie Harrison, mammal or marine mammal stock in the (seismic) survey off the central coast of Office of Protected Resources, NMFS, wild by causing disruption of behavioral California, November to December, 301–427–8401. patterns, including, but not limited to, 2012. Pursuant to the Marine Mammal SUPPLEMENTARY INFORMATION: migration, breathing, nursing, breeding, Protection Act (MMPA), NMFS is Background feeding, or sheltering [Level B requesting comments on its proposal to harassment]. Section 101(a)(5)(D) of the MMPA, as issue an IHA to L–DEO and PG&E to Summary of Request incidentally harass, by Level B amended (16 U.S.C. 1371(a)(5)(D)), harassment only, 25 species of marine directs the Secretary of Commerce On May 17, 2012, NMFS received an mammals during the specified activity. (Secretary) to authorize, upon request, application from the L–DEO and PG&E the incidental, but not intentional, requesting that NMFS issue an IHA for DATES: Comments and information must taking of small numbers of marine the take, by Level B harassment only, of be received no later than October 15, mammals of a species or population small numbers of marine mammals 2012. stock, by United States citizens who incidental to conducting a marine ADDRESSES: Comments on the engage in a specified activity (other than seismic survey within the U.S. application should be addressed to P. commercial fishing) within a specified Exclusive Economic Zone off the central Michael Payne, Chief, Permits and geographical region if certain findings coast of California during November to Conservation Division, Office of are made and, if the taking is limited to December, 2012. NMFS received a Protected Resources, National Marine harassment, a notice of a proposed revised application on August 31, 2012. Fisheries Service, 1315 East-West authorization is provided to the public The updated IHA application reflects Highway, Silver Spring, MD 20910. The for review. revisions to the proposed project that mailbox address for providing email Authorization for the incidental have resulted from discussions between comments is [email protected]. taking of small numbers of marine NMFS and the applicant during the NMFS is not responsible for email mammals shall be granted if NMFS MMPA consultation process, as well as comments sent to addresses other than finds that the taking will have a other Federal and State regulatory the one provided here. Comments sent negligible impact on the species or requirements and include the via email, including all attachments, stock(s), and will not have an elimination of portions of the originally must not exceed a 10-megabyte file size. unmitigable adverse impact on the planned survey area (specifically Survey All comments received are a part of availability of the species or stock(s) for Box 3) and the splitting of the proposed the public record and will generally be subsistence uses (where relevant). The project into two years, and the posted to http://www.nmfs.noaa.gov/pr/ authorization must set forth the shortening of the 2012 work window to permits/incidental.htm#applications permissible methods of taking, other November and December. Additionally, without change. All Personal Identifying means of effecting the least practicable PG&E has agreed to operationally and Information (for example, name, adverse impact on the species or stock financially support the design and address, etc.) voluntarily submitted by and its habitat, and requirements implementation of a comprehensive the commenter may be publicly pertaining to the mitigation, monitoring monitoring, stranding response, and accessible. Do not submit confidential and reporting of such takings. NMFS adaptive management plan that will business information or otherwise has defined ‘‘negligible impact’’ in 50 support real-time decision making to sensitive or protected information. CFR 216.103 as ‘‘* * * an impact reduce impacts to the Morro Bay stock A copy of the application containing resulting from the specified activity that of harbor porpoises (Phocoena a list of the references used in this cannot be reasonably expected to, and is phocoena). L–DEO and PG&E plan to

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use one source vessel, the R/V Marcus locations to generate data that can be week. This schedule is designed to G. Langseth (Langseth) and a seismic used to improve imaging of major reduce overall air emissions, length of airgun array to collect seismic data as geologic structures and fault zones in time for operation in the water thereby part of the ‘‘Offshore Central Coastal the vicinity of the Diablo Canyon Power reducing impacts to marine wildlife, California Seismic Imaging Project’’ Plant. The details of the proposed commercial fishing, and other area located in the central area of San Luis seismic studies are outlined in a Science users. PG&E will work with Obispo County, California. Plan submitted to the National Science environmental agencies to appropriately PG&E proposes to conduct a high Foundation (NSF) by L–DEO, University address the balancing of public health energy seismic survey in the vicinity of of Nevada, and Scripps Institution of and safety and environmental concerns the Diablo Canyon Power Plant and Oceanography. NSF, as owner of the during the conduct of these studies. Langseth will serve as the lead Federal known offshore fault zones near the Survey Details power plant. The observations will be agency and will ensure the approval of interpreted in the context of global the proposed Science Plan is in The proposed survey involves both synthesis of observations bearing on compliance with the National marine (offshore) and land (onshore) earthquake rupture geometries, Environmental Policy Act (NEPA) of activities. The offshore components earthquake displacements, fault 1969. consist of operating a seismic survey interactions, and fault evolution. These seismic studies would provide vessel and support/monitoring vessels Estimating the limits of future additional insights of any relationships within the areas shown in Figure 1 of earthquake ruptures is becoming or connection between the known faults the IHA application and transiting increasingly important as seismic as well as enhance knowledge of between the four different survey box hazard maps are based on geologists’ offshore faults in proximity to the areas extending between the mouth of maps of active faults and, locally, the central coast of California and the the Santa Maria River and Estero Bay. Hosgri Fault strikes adjacent to one of Diablo Canyon Power Plant. The The seismic survey vessel would tow a California’s major nuclear power plants. proposed deep penetrating (10 to 15 series of sound-generating airguns and In addition to the proposed operations kilometers [km] or 6 to 9 miles [mi]), sound-recording hydrophones along of the seismic airgun array and high energy seismic survey (energy pre-determined shore parallel and hydrophone streamer, L–DEO and PG&E greater than 2 kilo Joule) would shore-perpendicular transects to intend to operate a multibeam complement a previously completed conduct deep (10 to 15 km [6 to 9 mi]) echosounder and a sub-bottom profiler shallow (less than 1 km [0.6 mi]), low seismic reflection profiling of major continuously throughout the survey. energy (less than 2 kilo Joule) three- geologic structures and fault zones in Acoustic stimuli (i.e., increased dimensional (3D) seismic reflection the vicinity of the Diablo Canyon Power underwater sound) generated during the survey. Plant. operation of the seismic airgun array The objectives of the proposed high The offshore part of the survey may have the potential to cause a energy 3D seismic survey are to: activities include the placement of a • behavioral disturbance for marine Record high resolution two- limited number of seafloor geophones mammals in the survey area. This is the dimensional (2D) and 3D seismic (e.g., Fairfield Z700 nodal units) into principal means of marine mammal reflection profiles of major geologic nearshore waters. The planned seismic survey (e.g., taking associated with these activities structures and fault zones in the vicinity equipment testing, startup, line changes, and L–DEO and PG&E have requested of the central coast of California and repeat coverage of any areas, and an authorization to take 25 species of Diablo Canyon Power Plant. • equipment recovery) will consist of marine mammals by Level B Obtain high-resolution deep- approximately 3,565.8 km (1,925.4 nmi) harassment. Take is not expected to imaging (greater than 1 km [0.6 mi]) of (1,417.6 km [765.4 nmi] for Survey Box result from the use of the multibeam the Hosgri and Shoreline fault zones in 4 and 2,148.2 km [1,159.9 nmi] for echosounder or sub-bottom profiler, for the vicinity of the Diablo Canyon Power Survey Box 2) of transect lines reasons discussed in this notice; nor is Plant to constrain fault geometry and (including turns) in the survey area off take expected to result from collision slip rate (scheduled for the seismic the central coast of California (see with the source vessel because it is a survey activities in 2013). • Figure 2 of the IHA application). In single vessel moving at a relatively slow Obtain high-resolution, deep- addition to the operations of the airgun speed (4.6 knots [kts]; 8.5 kilometers per imaging of the intersection of the Hosgri array, a Kongsberg EM 122 multibeam hour [km/hr]; 5.3 miles per hour [mph]) and Shoreline fault zones near Point echosounder and Knudsen Chirp 3260 during seismic acquisition within the Buchon. • Obtain high-resolution, deep- sub-bottom profiler will also be survey, for a relatively short period of imaging of the geometry and slip rate of operated from the Langseth time (approximately 50 days). It is likely the Los Osos fault, as well as the continuously throughout the cruise. that any marine mammal would be able intersection of the Hosgri and Los Osos There will be additional seismic to avoid the vessel. fault zones in Estero Bay. operations associated with equipment Description of the Proposed Specified • Augment the current regional testing, ramp-up, and possible line Activity seismic database for subsequent use and changes or repeat coverage of any areas analysis through the provision of all where initial data quality is sub- Project Purpose data to the broader scientific and safety standard. In L–DEO and PG&E’s PG&E proposes to conduct a high community. estimated take calculations, 25% has energy seismic survey in the vicinity of The studies require the collection of been added for those additional the Diablo Canyon Power Plant and data over a long period of time. operations. Detailed descriptions of the known offshore fault zones near the However, the project timeframe is proposed actions for each component power plant (see Figure 1 of the IHA limited to fall and winter months to are provided below in this document. application). The project, as proposed minimize environmental impacts to the by L–DEO and PG&E, consists of greatest extent feasible. L–DEO and Vessel Movements deploying seismic or sound sources and PG&E are proposing to conduct the The tracklines for the 3D seismic receivers at onshore and offshore studies 24 hours a day for 7 days a survey will encompass an area of

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approximately 740.52 km2 (215.9 square The Langseth would transit south devices. The streamer recovery devices nautical miles [nmi2]). The 2012 project prior to the start of survey operations are activated when the streamer sinks to area is divided into two ‘‘primary target (approximately October 15 through a pre-determined depth (e.g., 50 m [164 areas’’ (Survey Boxes 2 and 4) are December 31, 2012, with active airgun ft]) to aid in recovery. described below and shown in Figure 2 survey operations starting • Primary vessel—the Langseth is of the IHA application. The offshore approximately November 1, 2012). Once 71.5 m (235 ft) in length, and is outfitted (vessel) survey would be conducted in the vessel has arrived in the project to deploy/retrieve hydrophone both Federal and State waters and water area, the survey crew, any required streamers and airgun array, air depths within the proposed survey areas equipment, and support provisions compressors for the airgun array, and ranging from 0 to over 400 m (1,300 ft). would be transferred to the vessel. survey recording facilities. • The State Three-Mile Limit is identified Larger equipment, if required, would Two Chase/Scout boats—22.9 to in Figure 1 of the IHA application. The need to be loaded onboard the vessel at 41.2 m (75 to 135 ft) in length and will Point Buchon Marine Protected Area either Port of San Francisco/Oakland or be around the Langseth to observe lies within portions of the survey area. Port Hueneme. The proposed survey potential obstructions, conduct In addition, the Monterey Bay National vessel is supported by two chase/scout additional marine mammal monitoring Marine Sanctuary, a Federally-protected boats, each with three Protected Species and support deployment of seismic Observers (PSOs) and a third support equipment. marine sanctuary that extends • northward from Cambria to Marine boat that will provide logistical support Third support vessel–will be County, is located to the north and to the Langseth or chase boats. This approximately 18.3 to 25.9 m (60 to 85 outside of the proposed project area. support vessel will also serve as a relief ft) in length and would act as a support Survey Box 2 (Survey area from Estero vessel for either of the two chase boats boat for the Langseth and the two other Bay to offshore Santa Maria River as required or equivalent. Any chase/scout and would provide relief to additional scout/monitoring vessels either chase/scout boat as required. Mouth): • • Area: 406.04 km2 (118.4 nmi2); required for the proposed project will be A nearshore work vessel (e.g., • Total survey line length is 2,148.2 drawn from local vessel operators. Upon Michael Uhl) approximately 50 m (150 km (1,159.9 nmi); and completion of the offshore survey ft) in length would be used to deploy • Strike line surveys along the Hosgri operations, the survey crew would be and retrieve seafloor geophones in the fault zone and Shoreline, Hosgri, and transferred to shore and the survey shallow water (0 to 20 m) zone. • Los Osos fault intersections. vessel would transit out to the proposed Monitoring aircraft—Partenavia Survey Box 4 (Estero Bay): project area. P68–OBS ‘‘Observer,’’ a high-wing, • Area: 334.48 km2 (97.5 nmi2); Nearshore operations would be twin-engine plane or equivalent aircraft • Total survey line length is 1,417.6 conducted using locally available is 9.5 m (31 ft) in length and has a km (765.4 nmi); vessels such as the M/V Michael Uhl wingspan of 12 m (39 ft) with a carrying • Dip line survey across the Hosgri (Michael Uhl) or equivalent vessel. capacity of six persons. The aircraft has and Los Osos fault zones in Estero Bay. Equipment, including the geophones two ‘‘bubble’’ observation windows, a Figure 2 of the IHA application and cables, would be loaded aboard the glass nose for clear observation, and will depicts the proposed survey transit Michael Uhl in Morro Bay Harbor and be equipped with communication and lines. These lines depict the survey transferred to the offshore deployment safety equipment sufficient to support lines as well as the turning legs. The full locations. Following deployment and the proposed operations. The aircraft seismic array is firing during the straight recovery of the geophones and cables, would be used to perform aerial surveys portions of the track lines as well as the they would be transferred back to Morro of marine mammals. initial portions of the run-out (offshore) Bay Harbor for transport offsite. Vessel Specifications sections and later portions of the run-in During onshore operations, receiver (inshore) sections. During turns and line equipment would be deployed by The Langseth, a seismic research most of the initial portion of the run-ins, foot-based crews supported by four- vessel owned by the NSF, will tow the there will only be one airgun firing (i.e., wheel drive vehicles or small vessel. 36 airgun array, as well as the mitigation airgun). Assuming a daily Once the proposed project has been hydrophone streamer, along survey rate of approximately 8.3 km/ completed, the equipment would predetermined lines (see Figure 2 of the hour (km/hr) (4.5 knots [kts] for 24/7 demobilize from the area by truck. IHA application). When the Langseth is operations), the Survey Box 2 is towing the airgun array and the expected to take approximately 14 days Offshore Survey Operations hydrophone streamer, the turning rate of and approximately 9.25 days for Survey The proposed offshore seismic survey the vessel is limited to three degrees per Box 4. When considering mobilization, would be conducted with vessels minute (2.5 km [1.5 mi]). Thus, the demobilization, refueling, equipment specifically designed and built to maneuverability of the vessel is limited maintenance, weather, marine mammal conduct such surveys. PG&E has during operations with the streamer. activity, and other contingencies, the selected the Langseth, which is operated The vessel would ‘‘fly’’ the appropriate proposed survey is expected to be by L–DEO. The following outlines the U.S. Coast Guard-approved day shapes completed in 49.25 days. general specifications for the Langseth (mast head signals used to communicate and the support vessels needed to with other vessels) and display the Mobilization and Demobilization complete the proposed offshore seismic appropriate lighting to designate the The offshore equipment and vessels survey. vessel has limited maneuverability. for the proposed 3D marine seismic In water depths from 30 to 305 m (100 The vessel has a length of 71.5 m (235 survey are highly specialized and to greater than 1,000 ft), the Langseth ft); a beam of 17.0 m (56 ft); a maximum typically no seismic vessels are located will tow four hydrophone streamers draft of 5.9 m (19 ft); and a gross in California. The proposed seismic with a length of approximately 6 km tonnage of 3,834. The Langseth was survey vessel (R/V Marcus G. Langseth) (3.2 nmi). The intended tow depth of designed as a seismic research vessel is currently operating on the U.S. west the streamers is approximately 9 m (29.5 with a propulsion system designed to be coast and is available to conduct the ft). Flotation is provided on each as quiet as possible to avoid interference proposed seismic survey work. streamer as well as streamer recovery with the seismic signals emanating from

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the airgun array. The ship is powered by emitted; the airguns will be silent Metrics Used in This Document two 3,550 horsepower (hp) Bergen BRG– during the intervening periods. The This section includes a brief 6 diesel engines which drive two dominant frequency components range explanation of the sound measurements propellers directly. Each propeller has from two to 188 Hertz (Hz). frequently used in the discussions of four blades and the shaft typically The tow depth of the airgun array will acoustic effects in this document. Sound rotates at 750 revolutions per minute. be 9 m (29.5 ft) during the surveys. pressure is the sound force per unit The vessel also has an 800 hp Because the actual source is a area, and is usually measured in bowthruster, which is not used during distributed sound source (18 airguns) micropascals (mPa), where 1 pascal (Pa) seismic acquisition. The Langseth’s rather than a single point source, the is the pressure resulting from a force of operation speed during seismic highest sound measurable at any one newton exerted over an area of one acquisition is typically 7.4 to 9.3 km per square meter. Sound pressure level hour (hr) (km/hr) (4 to 5 knots [kts]). location in the water will be less than the nominal source level. In addition, (SPL) is expressed as the ratio of a When not towing seismic survey gear, measured sound pressure and a the Langseth typically cruises at 18.5 the effective source level for sound propagating in near-horizontal reference level. The commonly used km/hr (10 kts). The Langseth has a range reference pressure level in underwater of 25,000 km (13,499 nmi) (the distance directions will be substantially lower than the nominal omni-directional acoustics is 1 mPa, and the units for the vessel can travel without refueling). SPLs are dB re: 1 mPa. SPL (in decibels The vessel also has an observation source level applicable to downward propagation because of the directional [dB]) = 20 log (pressure/reference tower from which Protected Species pressure). Visual Observers (PSVO) will watch for nature of the sound from the airgun array (i.e., sound is directed downward). SPL is an instantaneous measurement marine mammals before and during the and can be expressed as the peak, the proposed airgun operations. When Figure 3 of the IHA application shows one linear airgun array or ‘‘string’’ with peak-peak (p-p), or the root mean square stationed on the observation platform, (rms). Root mean square, which is the ten airguns. Figure 4 of the IHA the PSVO’s eye level will be square root of the arithmetic average of application diagrams the airgun array approximately 21.5 m (71 ft) above sea the squared instantaneous pressure and streamer deployment from the level providing the PSVO an values, is typically used in discussions Langseth. unobstructed view around the entire of the effects of sounds on vertebrates vessel. More details of the Langseth can Hydrophone Streamer and all references to SPL in this be found in the IHA application. document refer to the root mean square Acoustic Source Specifications Acoustic signals will be recorded unless otherwise noted. SPL does not using a system array of four hydrophone take the duration of a sound into Seismic Airguns streamers, which would be towed account. The Langseth will deploy a 36-airgun behind the Langseth. Each streamer array, consisting of two 18 airgun sub- would consist of Sentry Solid Streamer Characteristics of the Airgun Pulses arrays. Each sub-array will have a Sercel cable approximately 6 km (3.2 Airguns function by venting high- volume of approximately 3,300 cubic nmi) long. The streamers are attached by pressure air into the water which creates inches (in3). The airgun array will floats to a diverter cable, which keeps an air bubble. The pressure signature of consist of a mixture of Bolt 1500LL and the streamer spacing at approximately an individual airgun consists of a sharp Bolt 1900LLX airguns ranging in size 100 to 150 m (328 to 492 ft) apart. rise and then fall in pressure, followed 3 from 40 to 360 in , with a firing pressure Seven hydrophones will be present by several positive and negative of 1,900 pounds per square inch (psi). pressure excursions caused by the along each streamer for acoustic The 18 airgun sub-arrays will be oscillation of the resulting air bubble. measurement. The hydrophones will configured as two identical linear arrays The oscillation of the air bubble consist of a mixture of Sonardyne or ‘‘strings’’ (see Figure 3 and 4 of the transmits sounds downward through the Transceivers. Each streamer will contain IHA application). Each string will have seafloor and the amount of sound three groups of paired hydrophones, 10 airguns, the first and last airguns in transmitted in the near horizontal the strings are spaced 16 m (52.5 ft) with each group approximately 2,375 m directions is reduced. However, the apart. Of the 10 airguns, nine airguns in (7,800 ft) apart. The hydrophones airgun array also emits sounds that each string will be fired simultaneously within each group will be travel horizontally toward non-target (1,650 in3), whereas the tenth is kept in approximately 300 m (984 ft) apart. One areas. reserve as a spare, to be turned on in additional hydrophone will be located The nominal source levels of the case of failure of another airgun. The on the tail buoy attached to the end of airgun arrays used by L–DEO and PG&E sub-arrays would be fired alternately the streamer cable. In addition, one on the Langseth are 236 to 265 dB re 1 during the survey. The two airgun sub- Sonardyne Transducer will be attached mPa (p-p) and the rms value for a given arrays will be distributed across an area to the airgun array. Compass birds will airgun pulse is typically 16 dB re 1 mPa of approximately 12 x 16 m (40 x 52.5 be used to keep the streamer cables and lower than the peak-to-peak value ft) behind the Langseth and will be hydrophones at a depth of (Greene, 1997; McCauley et al., 1998, towed approximately 140 m (459.3 ft) approximately 10 m (32.8 ft). One 2000a). The specific source output for behind the vessel. Discharge intervals compass bird will be placed at the front the 18 airgun array is 252 dB (peak) and depend on both the ship’s speed and end of each streamer as well as 259 dB (p-p). However, the difference Two Way Travel Time recording periodically along the streamer. Figure 4 between rms and peak or peak-to-peak intervals. The shot interval will be 37.5 of the IHA application depicts the values for a given pulse depends on the m (123) during the study. The shot configuration of both the streamer and frequency content and duration of the interval will be relatively short, airgun array used by the Langseth. pulse, among other factors. approximately 15 to 20 seconds (s) Details regarding the hydrophone Accordingly, L–DEO and PG&E have based on an assumed boat speed of 4.5 streamer and acoustic recording predicted the received sound levels in knots. During firing, a brief equipment specifications are included relation to distance and direction from (approximately 0.1 s) pulse sound is in Table 1 of the IHA application. the 18 airgun array and the single Bolt

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1900LL 40 in3 airgun, which will be with physical description of sound Using the model (airgun array and used during power-downs. A detailed propagation and depends on waveguide single airgun), Table 1 (below) shows description of L–DEO and PG&E’s characteristics, including water depth, the distances at which three rms sound modeling for this survey’s marine water column sound velocity profile, levels are expected to be received from seismic source arrays for protected and geoacoustic parameters of the ocean the 18 airgun array and a single airgun. species mitigation is provided in bottom. For the sound propagation To avoid the potential for injury or Appendix A of the IHA application and model, Greeneridge Sciences, Inc. relied permanent physiological damage (Level NSF’s EA. Appendix A (GSI Technical on variants of the U.S. Navy’s range- A harassment), NMFS (1995, 2000) has Memorandum 470–3 and GSI Technical dependent Acoustic Model. Greeneridge concluded that cetaceans and pinnipeds Memorandum 470–2RevB) of the IHA Sciences, Inc. modeled three 2D (range should not be exposed to pulsed application and NSF’s EA discusses the versus depth) propagation paths, each underwater noise at received levels characteristics of the airgun pulses. with range-dependent (i.e., range- exceeding 180 dB re: 1 mPa and 190 dB NMFS refers the reviewers to the IHA varying) bathymetry and range- re: 1 mPa, respectively. L–DEO and application and EA documents for independent geoacoustic profiles. The PG&E used these levels to establish the additional information. resulting received sound levels at a exclusion zones. If marine mammals are receiver depth of 6 m (19.7 ft) and Predicted Sound Levels for the Airguns detected within or about to enter the across range were then ‘‘smoothed’’ via appropriate exclusion zone, the airguns To determine exclusion zones for the least-squares regression. The will be powered-down (or shut-down, if airgun array to be used off the central monotonically-decreasing regression necessary) immediately. NMFS also coast of California, the noise modeling equations yielded the estimated safety for the proposed 3D seismic survey is radii. assumes that marine mammals exposed based on the results of mathematical The accuracy of the sound field to levels exceeding 160 dB re: 1 mPa may modeling conducted by Greeneridge predicted by the acoustic propagation experience Level B harassment. Sciences, Inc. (2011). The model results model is limited by the quality and Table 1 summarizes the predicted are based upon the airgun specifications resolution of the available distances at which sound levels (160, provided for the Langseth and seafloor environmental data. Greeneridge 180, and 190 dB [rms]) are expected to characteristics available for the project Sciences, Inc. used environmental be received from the 18 airgun array and area. Specifically, L–DEO’s predicted information provided by the client for a single airgun operating in upslope sound contours were used to estimate the proposed survey area, specifically, (inshore), downslope (offshore), and pulse sound level extrapolated to an bathymetry data, a series of measured alongshore depths. For the proposed effective distance of one meter, water column sound speed profiles, and project, L–DEO and PG&E plan to use effectively reducing the multi-element descriptive sediment and basement the upslope distance (inshore) for the array to a point source. Such a properties. Greeneridge Sciences, Inc. 160 dB (6,210 m [20,374 ft]) and 180 dB description is valid for descriptions of used two geoacoustic profiles for its (1,010 m [3,313.7 ft], and alongshore the far field sounds, i.e., at distances three propagation paths: One for the distance for the 190 dB (320 m [1,049.9 that are long compared to the upslope propagation path (sand ft]), for the determination of the buffer dimensions of the array and the sound overlaying sandstone) and one for the and exclusion zones since this wavelength. Greeneridge Sciences, Inc. downslope and alongshore propagation represents the largest and therefore most did not account for near-field effects. paths (silt overlaying sandstone) conservative distances determined by However, since the vast majority of L–DEO and PG&E have used these the Greeneridge Sciences, Inc. acoustic energy radiated by an airgun calculated values to determine modeling. array is below 500 Hz and the near field exclusion zones for the 18 airgun array is small for the given airgun array at and previously modeled measurements Table 1. Modeled (array) or predicted these frequencies (the radius of the near by L–DEO for the single airgun, to (single airgun) distances to which sound field around the array is 21 m [68.9 ft] designate exclusion zones for purposes levels ≥ 190, 180, and 160 dB re: 1 mPa or less for frequencies below 500 Hz), of mitigation, and to estimate take for (rms) could be received in upslope, near-field effects are considered marine mammals off the central coast of downslope, and alongshore propagation minimal. California. A detailed description of the paths during the proposed survey off the The sound propagation from the modeling effort is provided in Appendix central coast of California, November to airgun array was modeled in accordance A of NSF’s EA. December, 2012.

Predicted RMS radii distances for 18 airgun array Sound pressure level (SPL) (dB re 1 μPa) Upslope distance Downslope distance (inshore) (offshore) Alongshore distance

190 dB ...... 250 m (0.13 nmi) ...... 280 m (0.15 nmi) ...... 320 m (0.17 nmi) 180 dB ...... 1,010 m (0.55 nmi) ...... 700 m (0.38 nmi) ...... 750 m (0.40 nmi) 160 dB ...... 6,210 m (3.35 nmi) ...... 4,450 m (2.40 nmi) ...... 4,100 m (2.21 nmi)

Predicted RMS radii distances for single airgun Sound pressure level (SPL) (dB re 1 μPa) Shallow water Intermediate water Deep Water (< 100 m) (100 to 1,000 m) (> 1,000 m)

190 dB ...... 150 m (0.08 nmi) ...... 18 m (< 0.01 nmi) ...... 12 m (< 0.01 nmi) 180 dB ...... 296 m (0.16 nmi) ...... 60 m (0.03 nmi) ...... 40 m (0.02 nmi) 160 dB ...... 1,050 m (0.57 nmi) ...... 578 m (0.31 nmi) ...... 385 m (0.21 nmi)

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Along with the airgun operations, two reduced from 100 ms to 2 to 15 ms for Nearshore and Onshore Survey additional acoustical data acquisition the multibeam echosounder. Power Operations systems will be operated from the levels of both instruments would be To collect deep seismic data in water Langseth continuously during the reduced from maximum levels to depths that are not accessible by the survey. The ocean floor will be mapped account for water depth. Actual Langseth (less than 25 m [82 ft]), with the Kongsberg EM 122 multibeam operating parameters will be established seafloor geophones and both offshore echosounder and a Knudsen 320B sub- at the time of the survey. and onshore seismic sources will be bottom profiler. These sound sources NMFS expects that acoustic stimuli used. The currently proposed locations will be operated continuously from the resulting from the proposed operation of for the seafloor geophone lines between Langseth throughout the cruise. the single airgun or the 18 airgun array Point Buchon and Point San Luis are Multibeam Echosounder has the potential to harass marine shown in Figure 7 of the IHA mammals. NMFS does not expect that application. The Langseth will operate a the movement of the Langseth, during Kongsberg EM 122 multibeam Twelve Fairfield Z700 marine nodes the conduct of the seismic survey, has would be placed on the seafloor along echosounder concurrently during airgun the potential to harass marine mammals operations to map characteristics of the two nearshore survey routes as a pilot because of the relatively slow operation test prior to the full deployment of 600 ocean floor. The hull-mounted speed of the vessel (approximately 4.6 multibeam echosounder emits brief nodes scheduled for 2013. The northern knots [kts]; 8.5 km/hr; 5.3 mph) during route (Crowbar Beach) traverses the pulses of sound (also called a ping) seismic acquisition. (10.5 to 13, usually 12 kHz) in a fan- Point Buchon MPA north of Diablo shaped beam that extends downward Gravimeter Canyon Power Plant. The southern route and to the sides of the ship. The (either Green Peak or Deer Canyon) is ° ° The Langseth will employ a Bell located south of the Diablo Canyon transmitting beamwidth is 1 or 2 fore- Aerospace BGM–3 gravimeter system aft and 150° athwartship and the Power Plant. The approximate locations (see Figure 5 of the IHA application) to maximum source level is 242 dB re: 1 of the proposed nodal routes are measure very tiny fractional changes mPa. depicted in Figure 7 of the IHA Each ping consists of eight (in water within the Earth’s gravity caused by application. Six nodes would be placed greater than 1,000 m) or four (less than nearby geologic structures, the shape of at 500 m (1,640.4 ft) intervals along each 1,000 m) successive, fan-shaped the Earth, and by temporal tidal route for a total length of 3 km (1.9 mi). transmissions, each ensonifying a sector variations. The gravimeter has been Maximum water depth ranges from 70 that extends 1° fore-aft. Continuous- specifically designed to make precision m (229.7 ft) (Crowbar) to 30 m (98.4 ft) wave pulses increase from 2 to 15 measurements in a high motion (Deer Canyon). Marine nodes would be milliseconds (ms) long in water depths environment. Precision gravity deployed using a vessel and (in some up to 2,600 m (8,350.2 ft), and frequency measurements are attained by the use of locations) divers and will be equipped modulated (FM) chirp pulses up to 100 the highly accurate Bell Aerospace with ultra-short baseline acoustic ms long are used in water greater than Model XI inertial grade accelerometer. tracking system to position and facilitate 2,600 m. The successive transmissions Magnetometer recovery of each node. The tracking span an overall cross-track angular equipment will be used to provide extent of about 150°, with 2 ms gaps The Langseth will employ a Bell underwater positioning of a remotely between the pulses for successive Aerospace BGM–3 geometer, which operated vehicle during deployment sectors (see Table 2 of the IHA contains a model G–882 cesium-vapor and recovery of the nodes. application). marine magnetometer (see Figure 6 of The seafloor equipment will be in the IHA application). Magnetometers place for the duration of the data Sub-Bottom Profiler measure the strength and/or direction of collection for the offshore 3D high The Langseth will also operate a a magnetic field, generally in units of energy seismic surveys plus deployment Knudsen Chirp 320B sub-bottom nanotesla in order to detect and map and recovery time. Node deployment continuously throughout the cruise geologic formations. These data would will be closely coordinated with both simultaneously with the multibeam enhance earlier marine magnetic offshore and onshore survey operations echosounder to map and provide mapping conducted by the U.S. to ensure survey activities are information about the sedimentary Geologic Survey (Sliter et al., 2009). completed before the projected batter features and bottom topography. The The G–882 is designed for operation life of 45 days is exceeded. PG&E beam is transmitted as a 27° cone, from small vessels for shallow water anticipates using a locally-available which is directed downward by a 3.5 surveys as well as for the large survey vessel to deploy and retrieve the kHz transducer in the hull of the vessels for deep tow applications. Power geophones. The vessel would be a Langseth. The maximum output is 1 may be supplied from a 24 to 30 VDC maximum of 50 m in length. The kilowatt (kW), but in practice, the battery power or a 110/220 VAC power Michael Uhl, which is locally available, output varies with water depth. The supply. The standard G–882 tow cable its sister vessel, or a vessel of similar pulse interval is one second, but a includes a Vectran strength member and size and engine specification, is common mode of operation is to can be built to up to 700 m (2,297 ft) (no proposed for this purpose. broadcast five pulses at one second telemetry required). The shipboard end Onshore, a linear array of ZL and intervals followed by a 5-second pause. of the tow cable is attached to a junction nodals will be deployed along a single Both the multibeam echosounder and box or onboard cable. Output data are route on the Morro Strand to record sub-bottom profiler are operated recorded on a computer with an RS–232 onshore sound transmitted from the continuously during survey operations. serial port. offshore airgun surveys. Route location Given the relatively shallow water Both the gravimeter and is shown in Figure 9 of the IHA depths of the survey area (20 to 300 m magnetometers are ‘‘passive’’ application. Ninety nodes would be [66 to 984 ft]), the number of pings or instruments and do not emit sounds, placed at 100 m (328 ft) intervals along transmissions would be reduced from 8 impulses, or signals, and are not the strand for a total route length of to 4, and the pulse durations would be expected to affect marine mammals. approximately 9 km (5.6 mi). The

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autonomous, nodal, cable-less recording • Onshore geophone deployment—2 Description of the Marine Mammals in devices (see Figure 9 of the IHA to 3 days (concurrent with offshore the Area of the Proposed Specified application) would be deployed by foot deployment activities); Activity into the soil adjacent to existing roads, • Equipment calibration and sound trails, and beaches. The nodal systems check (i.e., sound source verification)— Thirty-six marine mammal species (29 are carried in backpacks and pressed 5 days; cetaceans [whales, dolphins, and into the ground at each receiver point. • Seismic survey—23.25 days (Survey porpoises], 6 pinnipeds [seals and sea Each nodal would be removed following Box 4 will be surveyed first followed by lions], and 1 fissiped) are known to or completion of the data collection. PG&E Survey Box 2, 24/7 operations in all could occur off the central coast of estimates that the onshore receiver areas); California study area. Several of these activities would be conducted over a 2 • Survey Box 4 (survey area within species are listed as endangered under to 3 day period, concurrent with the Estero Bay)—9.25 days; the U.S. Endangered Species Act of offshore surveys. The onshore receivers • Survey Box 2 (survey area from 1973 (ESA; 16 U.S.C. 1531 et seq.), would record the offshore sound Estero Bay to offshore to the mouth of including the North Pacific right sources during the seismic operations. the Santa Maria River)—14 days; (Eubalaena japonica), humpback Figure 10 of the IHA application depicts • Streamer and airgun preventative (Megaptera novaeangliae), sei the area where the onshore receivers are maintenance—2 days; (Balaenoptera borealis), fin proposed to be placed along the Morro • Additional shut-downs (marine (Balaenoptera physalus), blue Strand. PG&E and NMFS have mammal presence, crew changes, and (Balaenoptera musculus), and sperm determined that onshore activities are unanticipated weather delays)—4 days; (Physeter macrocephalus) whales. The unlikely to impact marine mammals, • Demobilization—6 days. Guadalupe fur seal (Arctocephalus including pinnipeds at haul-outs and Placement of the onshore receiver townsendi) and Eastern stock of Steller rookeries, in the proposed action area. lines would be completed prior to the sea lion (Eumetopias jubatus), and More information on the vessels, start of offshore survey activities and southern sea otter (Enhydra lutris equipment, and personnel requirements would remain in place until the offshore nereis) are listed as threatened under the proposed for use in the offshore survey survey can be completed. Some minor ESA. The southern sea otter is the one can be found in sections 1.4 and 1.5 of deviation from this schedule is possible, the IHA application. marine mammal species mentioned in depending on logistics and weather (i.e., this document that is managed by the Dates, Duration, and Specified the cruise may depart earlier or be U.S. Fish and Wildlife Service (USFWS) Geographic Region extended due to poor weather; there and is not considered further in this The proposed project located offshore could be additional days of seismic analysis; all others are managed by of central California would have a total operations if collected data are deemed NMFS. While in their range, North duration of approximately 49.25 to be of substandard quality). Pacific right, sei, and sperm whale operational days occurring during the The latitude and longitude for the sightings are uncommon in the November through December, 2012 bounds of the two survey boxes are: proposed project area, and have a low timeframe, which will include Survey Box 4: likelihood of occurrence during the approximately 24 days of active seismic 35° 25′ 21.7128″ North, 120° 57′ proposed seismic survey. Similarly, the airgun operations. Mobilization will 44.7001″ West proposed project area is generally north initiate on October 15, 2012, with active 35° 20′ 16.0648″ North, 121° 9′ 24.1914″ of the range of the Guadalupe fur seal. airgun surveys taking place from West Table 2 (below) presents information on November 1 through December 31, 35° 18′ 38.3096″ North, 120° 53′ the abundance, distribution, population 2012. Below is an estimated schedule 29.9525″ West status, conservation status, and for the proposed project based on the 35° 14′ 42.003″ North, 121° 3′ 36.9513″ population trend of the species of use of the Langseth as the primary West marine mammals that may occur in the survey vessel (the total number of days Survey Box 2: proposed study area during November is based on adding the non-concurrent ° ′ ″ ° ′ to December, 2012. tasks): 34 57 43.3388 North, 120 45 • Mobilization to project site—6 days; 12.8318″ West Table 2. The habitat, regional • Initial equipment deployment—3 34° 55′ 40.383″ North, 120° 48′ 59.3101″ abundance, and conservation status of days (includes offshore geophone West marine mammals that may occur in or deployment); 35° 25′ 40.62″ North, 121° 00′ 27.12″ near the proposed seismic survey area • Pre-activity marine mammal West off the central coast of California. (See surveys—5 days (concurrent with 35° 23′ 57.26″ North, 121° 04′ 37.28″ text and Table 4 in L–DEO and PG&E’s offshore deployment activities); West application for further details.)

3 Population estimate 1 2 3 Species Habitat (minimum) ESA MMPA Population trend

Mysticetes: North Pacific right whale Pelagic and coastal ...... NA (18 to 21)—Eastern EN ...... D ...... No information avail- (Eubalaena japonica). North Pacific stock. able Gray whale (Eschrichtius Coastal, shallow shelf .. 19,126 (18,017)—East- DL—Eastern North Pa- NC—Eastern North Pa- Increasing over past robustus). ern North Pacific cific stock EN—West- cific stock D—West- several decades stock. ern North Pacific ern North Pacific stock. stock. Humpback whale (Megaptera Mainly nearshore, 2,043 (1,878)—Cali- EN ...... D ...... Increasing novaeangliae). banks. fornia/Oregon/Wash- ington stock. Minke whale (Balaenoptera Pelagic and coastal ...... 478 (202)—California/ NL ...... NC ...... No information avail- acutorostrata). Oregon/Washington able stock.

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3 Population estimate 1 2 3 Species Habitat (minimum) ESA MMPA Population trend

Sei whale (Balaenoptera bo- Primarily offshore, pe- 126 (83)—Eastern EN ...... D ...... No information avail- realis). lagic. North Pacific stock. able Fin whale (Balaenoptera Continental slope, pe- 3,044 (2,624)—Cali- EN ...... D ...... Unable to determine physalus). lagic. fornia/Oregon/Wash- ington stock. Blue whale (Balaenoptera Pelagic, shelf, coastal .. 2,497 (2,046)—Eastern EN ...... D ...... Unable to determine musculus). North Pacific stock. Odontocetes: Sperm whale (Physeter Pelagic, deep sea ...... 971 (751)—California/ EN ...... D ...... Variable macrocephalus). Oregon/Washington stock. Pygmy sperm whale (Kogia Deep waters off the 579 (271)—California/ NL ...... NC ...... No information avail- breviceps). shelf. Oregon/Washington able stock. Dwarf sperm whale (Kogia Deep waters off the NA—California/Oregon/ NL ...... NC ...... No information avail- sima). shelf. Washington stock. able Cuvier’s beaked whale Pelagic ...... 2,143 (1,298)—Cali- NL ...... NC ...... No information avail- (Ziphius cavirostris). fornia/Oregon/Wash- able ington stock. Baird’s beaked whale Pelagic ...... 907 (615)—California/ NL ...... NC ...... No information avail- (Berardius bairdii). Oregon/Washington able stock. Mesoplodon beaked whale Pelagic ...... 1,204 (576)—California/ NL ...... NC ...... No information avail- (includes Blainville’s Oregon/Washington able beaked whale [M. stock. densirostris], Perrin’s beaked whale [M. perrini], Lesser beaked whale [M. peruvianis], Stejneger’s beaked whale [M. stejnegeri], Gingko-toothed beaked whale [M. gingkodens], Hubbs’ beaked whale [M. carlhubbsi]). Bottlenose dolphin (Tursiops Coastal, oceanic, shelf 1,006 (684)—California/ NL ...... NC D—Western North No information avail- truncatus). break. Oregon/Washington Atlantic coastal. able Stable stock 323 (290)— California Coastal stock. Striped dolphin (Stenella Off continental shelf ..... 10,908 (8,231)—Cali- NL ...... NC ...... Unable to determine coeruleoalba). fornia/Oregon/Wash- ington stock. Short-beaked common dol- Shelf, pelagic, 411,211 (343,990)— NL ...... NC ...... Variable with oceano- phin (Delphinus delphis). seamounts. California/Oregon/ graphic conditions Washington stock. Long-beaked common dol- Coastal, on continental 27,046 (17,127)—Cali- NL ...... NC ...... No information avail- phin (Delphinus capensis). shelf. fornia stock. able, variable with oceanographic condi- tions Pacific white-sided dolphin Offshore, slope ...... 26,930 (21,406)—Cali- NL ...... NC ...... No information avail- (Lagenorhynchus fornia/Oregon/Wash- able obliquidens). ington stock. Northern right whale dolphin Slope, offshore waters 8,334 (6,019)—Cali- NL ...... NC ...... Unable to determine (Lissodelphis borealis). fornia/Oregon/Wash- ington stock. Risso’s dolphin (Grampus Deep water, seamounts 6,272 (4,913)—Cali- NL ...... NC ...... Unable to determine griseus). fornia/Oregon/Wash- ington stock. Killer whale (Orcinus orca) .... Pelagic, shelf, coastal .. 240 (162)—Eastern NL EN—Southern resi- NC D—Southern resi- No information avail- North Pacific Off- dent. dent, AT1 transient. able, No information shore stock 346 available, Declining, (346)—Eastern North Increased and slow- Pacific Transient ing stock 354 (354)— West Coast Transient stock. Short-finned pilot whale Pelagic, shelf coastal ... 760 (465)—California/ NL ...... NC ...... Unable to determine (Globicephala Oregon/Washington macrorhynchus). stock. Harbor porpoise (Phocoena Coastal and inland 2,044 (1,478)—Morro NL ...... NC ...... Increasing phocoena). waters. Bay stock. Dall’s porpoise Shelf, slope, offshore ... 42,000 (32,106)—Cali- NL ...... NC ...... No information avail- (Phocoenoides dalli). fornia/Oregon/Wash- able ington stock. Pinnipeds: California sea lion (Zalophus Coastal, shelf ...... 296,750 (153,337)— NL ...... NC ...... Increasing californianus). U.S. stock. Steller sea lion (Eumetopias Coastal, shelf ...... 49,685 (42,366)—West- T ...... D ...... Decreasing in California jubatus). ern stock 58,334 to 72,223 (52,847)— Eastern stock.

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3 Population estimate 1 2 3 Species Habitat (minimum) ESA MMPA Population trend

Guadalupe fur seal Coastal, shelf ...... 7,408 (3,028)—Mexico T ...... D ...... Increasing (Arctocephalus townsendi). stock. Northern fur seal (Callorhinus Pelagic, offshore ...... 9,968 (5,395)—San NL ...... D ...... Increasing ursinus). Miguel Island stock. Northern elephant seal Coastal, pelagic in mi- 124,000 (74,913)—Cali- NL ...... NC ...... Increasing (Mirounga angustirostris). gration. fornia Breeding stock. Pacific harbor seal (Phoca Coastal ...... 30,196 (26,667)—Cali- NL ...... NC ...... Increasing vitulina richardsi). fornia stock. Fissipeds: Southern sea otter (Enhydra Coastal ...... 2,711—California stock T ...... D ...... Increasing lutris nereis). 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, NC = Not Classified. 3 NMFS Stock Assessment Reports.

In the Pacific Ocean, harbor porpoises approximately 13%. Appendix B of the physiological effects. Based on the are found in coastal and inland waters IHA application includes more detailed available data and studies described from California to Alaska and across to information on the density figures and here, some behavioral disturbance is Kamchatka and Japan (Gakin, 1984). calculations for the Morro Bay stock of expected, especially for the Morro Bay Harbor porpoises appear to have more harbor porpoise. Figure 1 of Appendix harbor porpoise stock, which could restricted movements along the western B shows the fine-scale density potentially be displaced from their core coast of the continental United States, (including core habitat of higher habitat during all or part of the seismic than along the eastern coast, with some density) as well as the proposed survey or longer. A more comprehensive regional differences within California. tracklines of Survey Box 4 and Survey review of these issues can be found in Based on genetic differences that Box 2. the ‘‘Programmatic Environmental showed small-scale subdivision within Refer to sections 3 and 4 of L–DEO Impact Statement/Overseas the U.S. portion of its range, California and PG&E’s application for detailed Environmental Impact Statement coast stocks were re-evaluated and the information regarding the abundance prepared for Marine Seismic Research stock boundaries were revised. The and distribution, population status, and that is funded by the National Science boundaries (i.e., range) for the Morro life history and behavior of these other Foundation and conducted by the U.S. Bay stock of harbor porpoises are from marine mammal species and their Geological Survey’’ (NSF/USGS, 2011). Point Sur to Point Conception, occurrence in the proposed project area. California. The vast majority of harbor The application also presents how L– Tolerance porpoise in California are within the 0 DEO and PG&E calculated the estimated Richardson et al. (1995) defines to 92 m (0 to 301.8 ft) depth, however, densities for the marine mammals in the tolerance as the occurrence of marine a smaller percentage can be found proposed survey area. NMFS has mammals in areas where they are between the 100 to 200 m (328 to 656.2 reviewed these data and determined exposed to human activities or man- ft) isobaths. A systematic ship survey of them to be the best available scientific made noise. In many cases, tolerance depth strata out to 90 m (295.3 ft) in information for the purposes of the develops by the animal habituating to northern California showed that harbor proposed IHA. the stimulus (i.e., the gradual waning of porpoise abundance declined responses to a repeated or ongoing significantly in waters deep than 60 m Potential Effects on Marine Mammals stimulus) (Richardson, et al., 1995; (196.9 ft) (Caretta et al., 2001b). Acoustic stimuli generated by the Thorpe, 1963), but because of ecological Additionally, individuals of the Morro operation of the airguns, which or physiological requirements, many Bay stock appear to be concentrated at introduce sound into the marine marine animals may need to remain in significantly higher densities in one environment, may have the potential to areas where they are exposed to chronic specific area of their overall range, cause Level B harassment of marine stimuli (Richardson, et al., 1995). which NMFS is referring to as their mammals in the proposed survey area. Numerous studies have shown that ‘‘core range,’’ and density is much lower The effects of sounds from airgun pulsed sounds from airguns are often to both the North and South of this area. operations might include one or more of readily detectable in the water at This core range has the larger number of the following: tolerance, masking of distances of many kilometers. Several harbor porpoise sightings and the largest natural sounds, behavioral disturbance, studies have shown that marine number of harbor porpoise individuals temporary or permanent hearing mammals at distances more than a few observed during line-transect surveys impairment, or non-auditory physical or kilometers from operating seismic and is defined for the purposes of this physiological effects (Richardson et al., vessels often show no apparent analysis from 34.755° through 35.425° 1995; Gordon et al., 2004; Nowacek et response. That is often true even in North latitude (see transects 3 to 6 in al., 2007; Southall et al., 2007). cases when the pulsed sounds must be Table 1 of Appendix B of the IHA Permanent hearing impairment, in the readily audible to the animals based on application). For the Morro Bay stock, unlikely event that it occurred, would measured received levels and the the best estimate of abundance is 2,044 constitute injury, but temporary hearing sensitivity of the marine animals and the minimum population threshold shift (TTS) is not an injury mammal group. Although various estimate is 1,478 animals. There has (Southall et al., 2007). Although the baleen whales and toothed whales, and been an increasing trend in harbor possibility cannot be entirely excluded, (less frequently) pinnipeds have been porpoise abundance in Morro Bay since it is unlikely that the proposed project shown to react behaviorally to airgun 1988. The observed increase in would result in any cases of temporary pulses under some conditions, at other abundance estimates for this stock since or permanent hearing impairment, or times marine mammals of all three types 1988 implies an annual growth rate of any significant non-auditory physical or have shown no overt reactions. The

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relative responsiveness of baleen and sounds at frequencies higher than the The biological significance of many of toothed whales are quite variable. dominant components of airgun sound, these behavioral disturbances is difficult but there is some overlap in the to predict, especially if the detected Masking frequencies of the airgun pulses and the disturbances appear minor. However, The term masking refers to the calls. However, the intermittent nature the consequences of behavioral inability of a subject to recognize the of airgun pulses presumably reduces the modification could be expected to be occurrence of an acoustic stimulus as a potential for masking biologically significant if the change result of the interference of another Marine mammals are thought to be affects growth, survival, and/or acoustic stimulus (Clark et al., 2009). able to compensate for masking by reproduction. Some of these significant Introduced underwater sound may, behavioral modifications include: adjusting their acoustic behavior • through masking, reduce the effective through shifting call frequencies, Change in diving/surfacing patterns communication distance of a marine increasing call volume, and increasing (such as those thought to be causing mammal species if the frequency of the vocalization rates. For example, blue beaked whale stranding due to exposure source is close to that used as a signal whales are found to increase call rates to military mid-frequency tactical by the marine mammal, and if the when exposed to noise from seismic sonar); anthropogenic sound is present for a • surveys in the St. Lawrence Estuary Habitat abandonment due to loss of significant fraction of the time desirable acoustic environment; and (Dilorio and Clark, 2009). The North (Richardson et al., 1995). • Cessation of feeding or social Atlantic right whales (Eubalaena Masking effects of pulsed sounds interaction. (even from large arrays of airguns) on glacialis) exposed to high shipping The onset of behavioral disturbance marine mammal calls and other natural noise increased call frequency (Parks et from anthropogenic noise depends on sounds are expected to be limited. al., 2007), while some humpback both external factors (characteristics of Because of the intermittent nature and whales respond to low-frequency active noise sources and their paths) and the low duty cycle of seismic airgun pulses, sonar playbacks by increasing song receiving animals (hearing, motivation, animals can emit and receive sounds in length (Miller et al., 2000). In general, experience, demography) and is also the relatively quiet intervals between NMFS expects the masking effects of difficult to predict (Richardson et al., pulses. However, in some situations, seismic pulses to be minor, given the 1995; Southall et al., 2007). Given the reverberation occurs for much or the normally intermittent nature of seismic many uncertainties in predicting the entire interval between pulses (e.g., pulses. quantity and types of impacts of noise Simard et al., 2005; Clark and Gagnon, Behavioral Disturbance on marine mammals, it is common 2006) which could mask calls. Some practice to estimate how many baleen and toothed whales are known to Marine mammals may behaviorally mammals would be present within a continue calling in the presence of react to sound when exposed to particular distance of industrial seismic pulses, and their calls can anthropogenic noise. Disturbance activities and/or exposed to a particular usually be heard between the seismic includes a variety of effects, including level of sound. In most cases, this pulses (e.g., Richardson et al., 1986; subtle to conspicuous changes in approach likely overestimates the McDonald et al., 1995; Greene et al., behavior, movement, and displacement. numbers of marine mammals that would 1999; Nieukirk et al., 2004; Smultea et Reactions to sound, if any, depend on be affected in some biologically- al., 2004; Holst et al., 2005a,b, 2006; and species, state of maturity, experience, important manner. Dunn and Hernandez, 2009). However, current activity, reproductive state, time Baleen Whales—Baleen whales Clark and Gagnon (2006) reported that of day, and many other factors generally tend to avoid operating fin whales in the North Atlantic Ocean (Richardson et al., 1995; Wartzok et al., airguns, but avoidance radii are quite went silent for an extended period 2004; Southall et al., 2007; Weilgart, variable (reviewed in Richardson et al., starting soon after the onset of a seismic 2007). These behavioral reactions are 1995; Gordon et al., 2004). Whales are survey in the area. Similarly, there has often shown as: Changing durations of often reported to show no overt been one report that sperm whales surfacing and dives, number of blows reactions to pulses from large arrays of ceased calling when exposed to pulses per surfacing, or moving direction and/ airguns at distances beyond a few from a very distant seismic ship (Bowles or speed; reduced/increased vocal kilometers, even though the airgun et al., 1994). However, more recent activities; changing/cessation of certain pulses remain well above ambient noise studies found that they continued behavioral activities (such as socializing levels out to much longer distances. calling in the presence of seismic pulses or feeding); visible startle response or However, baleen whales exposed to (Madsen et al., 2002; Tyack et al., 2003; aggressive behavior (such as tail/fluke strong noise pulses from airguns often Smultea et al., 2004; Holst et al., 2006; slapping or jaw clapping); avoidance of react by deviating from their normal and Jochens et al., 2008). Dilorio and areas where noise sources are located; migration route and/or interrupting Clark (2009) found evidence of and/or flight responses (e.g., pinnipeds their feeding and moving away. In the increased calling by blue whales during flushing into the water from haul-outs cases of migrating gray and bowhead operations by a lower-energy seismic or rookeries). If a marine mammal does whales, the observed changes in source (i.e., sparker). Dolphins and react briefly to an underwater sound by behavior appeared to be of little or no porpoises commonly are heard calling changing its behavior or moving a small biological consequence to the animals while airguns are operating (e.g., distance, the impacts of the change are (Richardson, et al., 1995). They simply Gordon et al., 2004; Smultea et al., 2004; unlikely to be significant to the avoided the sound source by displacing Holst et al., 2005a, b; and Potter et al., individual, let alone the stock or their migration route to varying degrees, 2007). The sounds important to small population. However, if a sound source but within the natural boundaries of the odontocetes are predominantly at much displaces marine mammals from an migration corridors. higher frequencies than are the important feeding or breeding area for a Studies of gray, bowhead, and dominant components of airgun sounds, prolonged period, impacts on humpback whales have shown that thus limiting the potential for masking. individuals and populations could be seismic pulses with received levels of Pinnipeds have the most sensitive significant (e.g., Lusseau and Bejder, 160 to 170 dB re 1 mPa (rms) seem to hearing and/or produce most of their 2007; Weilgart, 2007). cause obvious avoidance behavior in a

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substantial fraction of the animals Holst, 2010). In addition, humpback whales off British Columbia (Bain and exposed (Malme et al., 1986, 1988; whales were more likely to swim away Williams, 2006). Richardson et al., 1995). In many areas, and less likely to swim towards a vessel Various species of Balaenoptera (blue, seismic pulses from large arrays of during seismic vs. non-seismic periods sei, fin, and minke whales) have airguns diminish to those levels at (Moulton and Holst, 2010). occasionally been seen in areas distances ranging from 4 to 15 km (2.2 Humpback whales on their summer ensonified by airgun pulses (Stone, to 8.1 nmi) from the source. A feeding grounds in southeast Alaska did 2003; MacLean and Haley, 2004; Stone substantial proportion of the baleen not exhibit persistent avoidance when and Tasker, 2006), and calls from blue whales within those distances may exposed to seismic pulses from a 1.64– and fin whales have been localized in show avoidance or other strong L (100 in3) airgun (Malme et al., 1985). areas with airgun operations (e.g., behavioral reactions to the airgun array. Some humpbacks seemed ‘‘startled’’ at McDonald et al., 1995; Dunn and Subtle behavioral changes sometimes received levels of 150 to 169 dB re 1 Hernandez, 2009; Castellote et al., become evident at somewhat lower mPa. Malme et al. (1985) concluded that 2010). Sightings by observers on seismic received levels, and studies have shown there was no clear evidence of vessels off the United Kingdom from that some species of baleen whales, avoidance, despite the possibility of 1997 to 2000 suggest that, during times notably bowhead, gray, and humpback subtle effects, at received levels up to of good sightability, sighting rates for whales, at times, show strong avoidance 172 dB re 1 mPa (rms). However, mysticetes (mainly fin and sei whales) at received levels lower than 160 to 170 Moulton and Holst (2010) reported that were similar when large arrays of dB re 1 mPa (rms). humpback whales monitored during airguns were shooting vs. silent (Stone, Researchers have studied the seismic surveys in the Northwest 2003; Stone and Tasker, 2006). responses of humpback whales to Atlantic had lower sighting rates and However, these whales tended to exhibit seismic surveys during migration, were most often seen swimming away localized avoidance, remaining feeding during the summer months, from the vessel during seismic periods significantly further (on average) from breeding while offshore from Angola, compared with periods when airguns the airgun array during seismic and wintering offshore from Brazil. were silent. operations compared with non-seismic McCauley et al. (1998, 2000a) studied periods (Stone and Tasker, 2006). Studies have suggested that South the responses of humpback whales off Castellote et al. (2010) reported that Atlantic humpback whales wintering off western Australia to a full-scale seismic singing fin whales in the Mediterranean Brazil may be displaced or even strand survey with a 16 airgun array (2,678 in3) moved away from an operating airgun upon exposure to seismic surveys (Engel and to a single airgun (20 in3) with array. et al., 2004). The evidence for this was source level of 227 dB re 1 mPa (p-p). In Ship-based monitoring studies of circumstantial and subject to alternative the 1998 study, they documented that baleen whales (including blue, fin, sei, explanations (IAGC, 2004). Also, the avoidance reactions began at 5 to 8 km minke, and humpback whales) in the evidence was not consistent with (2.7 to 4.3 nmi) from the array, and that Northwest Atlantic found that overall, subsequent results from the same area of those reactions kept most pods this group had lower sighting rates approximately 3 to 4 km (1.6 to 2.2 nmi) Brazil (Parente et al., 2006), or with during seismic vs. non-seismic periods from the operating seismic boat. In the direct studies of humpbacks exposed to (Moulton and Holst, 2010). Baleen 2000 study, they noted localized seismic surveys in other areas and whales as a group were also seen displacement during migration of 4 to 5 seasons. After allowance for data from significantly farther from the vessel km (2.2 to 2.7 nmi) by traveling pods subsequent years, there was ‘‘no during seismic compared with non- and 7 to 12 km (3.8 to 6.5 nmi) by more observable direct correlation’’ between seismic periods, and they were more sensitive resting pods of cow-calf pairs. strandings and seismic surveys (IWC, often seen to be swimming away from Avoidance distances with respect to the 2007: 236). the operating seismic vessel (Moulton single airgun were smaller but Reactions of migrating and feeding and Holst, 2010). Blue and minke consistent with the results from the full (but not wintering) gray whales to whales were initially sighted array in terms of the received sound seismic surveys have been studied. significantly farther from the vessel levels. The mean received level for Malme et al. (1986, 1988) studied the during seismic operations compared to initial avoidance of an approaching responses of feeding eastern Pacific gray non-seismic periods; the same trend was airgun was 140 dB re 1 mPa (rms) for whales to pulses from a single 100 in3 observed for fin whales (Moulton and humpback pods containing females, and airgun off St. Lawrence Island in the Holst, 2010). Minke whales were most at the mean closest point of approach northern Bering Sea. They estimated, often observed to be swimming away distance the received level was 143 dB based on small sample sizes, that 50 from the vessel when seismic operations re 1 mPa (rms). The initial avoidance percent of feeding gray whales stopped were underway (Moulton and Holst, response generally occurred at distances feeding at an average received pressure 2010). of 5 to 8 km (2.7 to 4.3 nmi) from the level of 173 dB re 1 mPa on an Data on short-term reactions by airgun array and 2 km (1.1 nmi) from (approximate) rms basis, and that 10 cetaceans to impulsive noises are not the single airgun. However, some percent of feeding whales interrupted necessarily indicative of long-term or individual humpback whales, especially feeding at received levels of 163 dB re biologically significant effects. It is not males, approached within distances of 1 mPa (rms). Those findings were known whether impulsive sounds affect 100 to 400 m (328 to 1,312 ft), where the generally consistent with the results of reproductive rate or distribution and maximum received level was 179 dB re experiments conducted on larger habitat use in subsequent days or years. 1 mPa (rms). numbers of gray whales that were However, gray whales have continued to Data collected by observers during migrating along the California coast migrate annually along the west coast of several seismic surveys in the (Malme et al., 1984; Malme and Miles, North America with substantial Northwest Atlantic showed that sighting 1985), and western Pacific gray whales increases in the population over recent rates of humpback whales were feeding off Sakhalin Island, Russia years, despite intermittent seismic significantly greater during non-seismic (Wursig et al., 1999; Gailey et al., 2007; exploration (and much ship traffic) in periods compared with periods when a Johnson et al., 2007; Yazvenko et al., that area for decades (Appendix A in full array was operating (Moulton and 2007a, b), along with data on gray Malme et al., 1984; Richardson et al.,

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1995; Allen and Angliss, 2010). The Captive bottlenose dolphins (Tursiops whales would also show strong western Pacific gray whale population truncatus) and beluga whales exhibited avoidance of an approaching seismic did not seem affected by a seismic changes in behavior when exposed to vessel, although this has not been survey in its feeding ground during a strong pulsed sounds similar in documented explicitly. In fact, Moulton previous year (Johnson et al., 2007). duration to those typically used in and Holst (2010) reported 15 sightings Similarly, bowhead whales have seismic surveys (Finneran et al., 2000, of beaked whales during seismic studies continued to travel to the eastern 2002, 2005). However, the animals in the Northwest Atlantic; seven of Beaufort Sea each summer, and their tolerated high received levels of sound those sightings were made at times numbers have increased notably, before exhibiting aversive behaviors. when at least one airgun was operating. despite seismic exploration in their Results for porpoises depend on There was little evidence to indicate summer and autumn range for many species. The limited available data that beaked whale behavior was affected years (Richardson et al., 1987; Allen and suggest that harbor porpoises show by airgun operations; sighting rates and Angliss, 2010). The history of stronger avoidance of seismic operations distances were similar during seismic coexistence between seismic surveys than do Dall’s porpoises (Stone, 2003; and non-seismic periods (Moulton and and baleen whales suggests that brief MacLean and Koski, 2005; Bain and Holst, 2010). exposures to sound pulses from any Williams, 2006; Stone and Tasker, There are increasing indications that single seismic survey are unlikely to 2006). Dall’s porpoises seem relatively some beaked whales tend to strand result in prolonged effects. tolerant of airgun operations (MacLean when naval exercises involving mid- Toothed Whales—Little systematic and Koski, 2005; Bain and Williams, frequency sonar operation are ongoing information is available about reactions 2006), although they too have been nearby (e.g., Simmonds and Lopez- of toothed whales to noise pulses. Few observed to avoid large arrays of Jurado, 1991; Frantzis, 1998; NOAA and studies similar to the more extensive operating airguns (Calambokidis and USN, 2001; Jepson et al., 2003; baleen whale/seismic pulse work Osmek, 1998; Bain and Williams, 2006). Hildebrand, 2005; Barlow and Gisiner, summarized above have been reported This apparent difference in 2006; see also the ‘‘Stranding and for toothed whales. However, there are responsiveness of these two porpoise Mortality’’ section in this notice). These recent systematic studies on sperm species is consistent with their relative strandings are apparently a disturbance whales (e.g., Gordon et al., 2006; responsiveness to boat traffic and some response, although auditory or other Madsen et al., 2006; Winsor and Mate, other acoustic sources (Richardson et injuries or other physiological effects 2006; Jochens et al., 2008; Miller et al., al., 1995; Southall et al., 2007). may also be involved. Whether beaked 2009). There is an increasing amount of Most studies of sperm whales exposed whales would ever react similarly to information about responses of various to airgun sounds indicate that the sperm seismic surveys is unknown. Seismic odontocetes to seismic surveys based on whale shows considerable tolerance of survey sounds are quite different from monitoring studies (e.g., Stone, 2003; airgun pulses (e.g., Stone, 2003; those of the sonar in operation during Smultea et al., 2004; Moulton and Moulton et al., 2005, 2006a; Stone and the above-cited incidents. Miller, 2005; Bain and Williams, 2006; Tasker, 2006; Weir, 2008). In most cases Odontocete reactions to large arrays of Holst et al., 2006; Stone and Tasker, the whales do not show strong airguns are variable and, at least for 2006; Potter et al., 2007; Hauser et al., avoidance, and they continue to call. delphinids and Dall’s porpoises, seem to 2008; Holst and Smultea, 2008; Weir, However, controlled exposure be confined to a smaller radius than has 2008; Barkaszi et al., 2009; Richardson experiments in the Gulf of Mexico been observed for the more responsive et al., 2009; Moulton and Holst, 2010). indicate that foraging behavior was of some mysticetes. However, other data Seismic operators and PSOs on altered upon exposure to airgun sound suggest that some odontocete species, seismic vessels regularly see dolphins (Jochens et al., 2008; Miller et al., 2009; including harbor porpoises, may be and other small toothed whales near Tyack, 2009). more responsive than might be expected operating airgun arrays, but in general There are almost no specific data on given their poor low-frequency hearing. there is a tendency for most delphinids the behavioral reactions of beaked Reactions at longer distances may be to show some avoidance of operating whales to seismic surveys. However, particularly likely when sound seismic vessels (e.g., Goold, 1996 a,b,c; some northern bottlenose whales propagation conditions are conducive to Calambokidis and Osmek, 1998; Stone, (Hyperoodon ampullatus) remained in transmission of the higher frequency 2003; Moulton and Miller, 2005; Holst the general area and continued to components of airgun sound to the et al., 2006; Stone and Tasker, 2006; produce high-frequency clicks when animals’ location (DeRuiter et al., 2006; Weir, 2008; Richardson et al., 2009; exposed to sound pulses from distant Goold and Coates, 2006; Tyack et al., Barkaszi et al., 2009; Moulton and seismic surveys (Gosselin and Lawson, 2006; Potter et al., 2007). Holst, 2010). Some dolphins seem to be 2004; Laurinolli and Cochrane, 2005; Pinnipeds—Pinnipeds are not likely attracted to the seismic vessel and Simard et al., 2005). Most beaked to show a strong avoidance reaction to floats, and some ride the bow wave of whales tend to avoid approaching the airgun array. Visual monitoring from the seismic vessel even when large vessels of other types (e.g., Wursig et al., seismic vessels has shown only slight (if arrays of airguns are firing (e.g., 1998). They may also dive for an any) avoidance of airguns by pinnipeds, Moulton and Miller, 2005). Nonetheless, extended period when approached by a and only slight (if any) changes in small toothed whales more often tend to vessel (e.g., Kasuya, 1986), although it is behavior. In the Beaufort Sea, some head away, or to maintain a somewhat uncertain how much longer such dives ringed seals avoided an area of 100 m greater distance from the vessel, when a may be as compared to dives by to (at most) a few hundred meters large array of airguns is operating than undisturbed beaked whales, which also around seismic vessels, but many seals when it is silent (e.g., Stone and Tasker, are often quite long (Baird et al., 2006; remained within 100 to 200 m (328 to 2006; Weir, 2008; Barry et al., 2010; Tyack et al., 2006). Based on a single 656 ft) of the trackline as the operating Moulton and Holst, 2010). In most observation, Aguilar-Soto et al. (2006) airgun array passed by (e.g., Harris et al., cases, the avoidance radii for delphinids suggested that foraging efficiency of 2001; Moulton and Lawson, 2002; appear to be small, on the order of one Cuvier’s beaked whales may be reduced Miller et al., 2005). Ringed seal sightings km or less, and some individuals show by close approach of vessels. In any averaged somewhat farther away from no apparent avoidance. event, it is likely that most beaked the seismic vessel when the airguns

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were operating than when they were rises and a sound must be stronger in odontocetes (cf. Southall et al., 2007). not, but the difference was small order to be heard. At least in terrestrial Some cetaceans apparently can incur (Moulton and Lawson, 2002). Similarly, mammals, TTS can last from minutes or TTS at considerably lower sound in Puget Sound, sighting distances for hours to (in cases of strong TTS) days. exposures than are necessary to elicit harbor seals and California sea lions For sound exposures at or somewhat TTS in the beluga or bottlenose dolphin. tended to be larger when airguns were above the TTS threshold, hearing For baleen whales, there are no data, operating (Calambokidis and Osmek, sensitivity in both terrestrial and marine direct or indirect, on levels or properties 1998). Previous telemetry work suggests mammals recovers rapidly after of sound that are required to induce that avoidance and other behavioral exposure to the noise ends. Few data on TTS. The frequencies to which baleen reactions may be stronger than evident sound levels and durations necessary to whales are most sensitive are assumed to date from visual studies (Thompson elicit mild TTS have been obtained for to be lower than those to which et al., 1998). marine mammals, and none of the odontocetes are most sensitive, and During seismic exploration off Nova published data concern TTS elicited by natural background noise levels at those Scotia, gray seals (Halichoerus grypus) exposure to multiple pulses of sound. low frequencies tend to be higher. As a exposed to noise from airguns and Available data on TTS in marine result, auditory thresholds of baleen linear explosive charges did not react mammals are summarized in Southall et whales within their frequency band of strongly (J. Parsons in Greene et al., al. (2007). Table 1 (above) presents the best hearing are believed to be higher 1985). Pinnipeds, in both water and air, estimated distances from the Langseth’s (less sensitive) than are those of sometimes tolerate strong noise pulses airguns at which the received energy odontocetes at their best frequencies from non-explosive and explosive level (per pulse, flat-weighted) would be (Clark and Ellison, 2004). From this, it scaring devices, especially if attracted to expected to be greater than or equal to is suspected that received levels causing the area for feeding and reproduction 180 or 190 dB re 1 mPa (rms). TTS onset may also be higher in baleen (Mate and Harvey, 1987; Reeves et al., To avoid the potential for injury, whales than those of odontocetes 1996). Thus, pinnipeds are expected to NMFS (1995, 2000) concluded that (Southall et al., 2007). be rather tolerant of, or habituate to, cetaceans and pinnipeds should not be In pinnipeds, researchers have not repeated underwater sounds from exposed to pulsed underwater noise at measured TTS thresholds associated distant seismic sources, at least when received levels exceeding 180 and 190 with exposure to brief pulses (single or the animals are strongly attracted to the dB re 1 mPa (rms), respectively. NMFS multiple) of underwater sound. Initial area. believes that to avoid the potential for evidence from more prolonged (non- Level A harassment, cetaceans and pulse) exposures suggested that some Hearing Impairment and Other Physical pinnipeds should not be exposed to pinnipeds (harbor seals in particular) Effects pulsed underwater noise at received incur TTS at somewhat lower received Exposure to high intensity sound for levels exceeding 180 and 190 dB re 1 levels than do small odontocetes a sufficient duration may result in mPa (rms), respectively. The established exposed for similar durations (Kastak et auditory effects such as a noise-induced 180 and 190 dB (rms) criteria are not al., 1999, 2005; Ketten et al., 2001). The threshold shift—an increase in the considered to be the levels above which TTS threshold for pulsed sounds has auditory threshold after exposure to TTS might occur. Rather, they are the been indirectly estimated as being an noise (Finneran, Carder, Schlundt, and received levels above which, in the view SEL of approximately 171 dB re 1 mPa2·s Ridgway, 2005). Factors that influence of a panel of bioacoustics specialists (Southall et al., 2007) which would be the amount of threshold shift include convened by NMFS before TTS equivalent to a single pulse with a the amplitude, duration, frequency measurements for marine mammals received level of approximately 181 to content, temporal pattern, and energy started to become available, one could 186 dB re 1 mPa (rms), or a series of distribution of noise exposure. The not be certain that there would be no pulses for which the highest rms values magnitude of hearing threshold shift injurious effects, auditory or otherwise, are a few dB lower. Corresponding normally decreases over time following to marine mammals. NMFS also values for California sea lions and cessation of the noise exposure. The assumes that cetaceans and pinnipeds northern elephant seals are likely to be amount of threshold shift just after exposed to levels exceeding 160 dB re higher (Kastak et al., 2005). exposure is called the initial threshold 1 mPa (rms) may experience Level B Permanent Threshold Shift—When shift. If the threshold shift eventually harassment. PTS occurs, there is physical damage to returns to zero (i.e., the threshold For toothed whales, researchers have the sound receptors in the ear. In severe returns to the pre-exposure value), it is derived TTS information for cases, there can be total or partial called temporary threshold shift (TTS) odontocetes from studies on the deafness, whereas in other cases, the (Southall et al., 2007). bottlenose dolphin and beluga. The animal has an impaired ability to hear Researchers have studied TTS in experiments show that exposure to a sounds in specific frequency ranges certain captive odontocetes and single impulse at a received level of 207 (Kryter, 1985). There is no specific pinnipeds exposed to strong sounds kPa (or 30 psi, p-p), which is equivalent evidence that exposure to pulses of (reviewed in Southall et al., 2007). to 228 dB re 1 Pa (p-p), resulted in a 7 airgun sound can cause PTS in any However, there has been no specific and 6 dB TTS in the beluga whale at 0.4 marine mammal, even with large arrays documentation of TTS let alone and 30 kHz, respectively. Thresholds of airguns. However, given the permanent hearing damage, i.e., returned to within 2 dB of the pre- possibility that mammals close to an permanent threshold shift (PTS), in free- exposure level within 4 minutes of the airgun array might incur at least mild ranging marine mammals exposed to exposure (Finneran et al., 2002). For the TTS, there has been further speculation sequences of airgun pulses during one harbor porpoise tested, the received about the possibility that some realistic field conditions. level of airgun sound that elicited onset individuals occurring very close to Temporary Threshold Shift—TTS is of TTS was lower (Lucke et al., 2009). airguns might incur PTS (e.g., the mildest form of hearing impairment If these results from a single animal are Richardson et al., 1995, p. 372ff; that can occur during exposure to a representative, it is inappropriate to Gedamke et al., 2008). Single or strong sound (Kryter, 1985). While assume that onset of TTS occurs at occasional occurrences of mild TTS are experiencing TTS, the hearing threshold similar received levels in all not indicative of permanent auditory

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damage, but repeated or (in some cases) strandings are unknown (Geraci et al., specific evidence that they can cause single exposures to a level well above 1976; Eaton, 1979; Odell et al., 1980; serious injury, death, or stranding even that causing TTS onset might elicit PTS. Best, 1982). Numerous studies suggest in the case of large airgun arrays. Relationships between TTS and PTS that the physiology, behavior, habitat However, the association of strandings thresholds have not been studied in relationships, age, or condition of of beaked whales with naval exercises marine mammals, but are assumed to be cetaceans may cause them to strand or involving mid-frequency active sonar similar to those in humans and other might pre-dispose them to strand when (non-pulse sound) and, in one case, the terrestrial mammals (Southall et al., exposed to another phenomenon. These co-occurrence of an L–DEO seismic 2007). PTS might occur at a received suggestions are consistent with the survey (Malakoff, 2002; Cox et al., sound level at least several dBs above conclusions of numerous other studies 2006), has raised the possibility that that inducing mild TTS if the animal that have demonstrated that beaked whales exposed to strong were exposed to strong sound pulses combinations of dissimilar stressors ‘‘pulsed’’ sounds could also be with rapid rise times. Based on data commonly combine to kill an animal or susceptible to injury and/or behavioral from terrestrial mammals, a dramatically reduce its fitness, even reactions that can lead to stranding (e.g., precautionary assumption is that the though one exposure without the other Hildebrand, 2005; Southall et al., 2007). PTS threshold for impulse sounds (such does not produce the same result Specific sound-related processes that as airgun pulses as received close to the (Chroussos, 2000; Creel, 2005; DeVries lead to strandings and mortality are not source) is at least 6 dB higher than the et al., 2003; Fair and Becker, 2000; Foley well documented, but may include: TTS threshold on a peak-pressure basis, et al., 2001; Moberg, 2000; Relyea, (1) Swimming in avoidance of a and probably greater than 6 dB (Southall 2005a, 2005b; Romero, 2004; Sih et al., sound into shallow water; et al., 2007). 2004). (2) A change in behavior (such as a Given the higher level of sound Strandings Associated with Military change in diving behavior) that might necessary to cause PTS as compared Active Sonar—Several sources have contribute to tissue damage, gas bubble with TTS, it is considerably less likely published lists of mass stranding events formation, hypoxia, cardiac arrhythmia, that PTS would occur. Baleen whales of cetaceans in an attempt to identify hypertensive hemorrhage or other forms generally avoid the immediate area relationships between those stranding of trauma; around operating seismic vessels, as do events and military active sonar (3) A physiological change such as a some other marine mammals. Some (Hildebrand, 2004; IWC, 2005; Taylor et vestibular response leading to a pinnipeds show avoidance reactions to al., 2004). For example, based on a behavioral change or stress-induced airguns, but their avoidance reactions review of stranding records between hemorrhagic diathesis, leading in turn are generally not as strong or consistent 1960 and 1995, the International to tissue damage; and as those of cetaceans, and occasionally Whaling Commission (2005) identified (4) Tissue damage directly from sound they seem to be attracted to operating ten mass stranding events and exposure, such as through acoustically- seismic vessels (NMFS, 2010). concluded that, out of eight stranding mediated bubble formation and growth Stranding and Mortality—When a events reported from the mid-1980s to or acoustic resonance of tissues. living or dead marine mammal swims or the summer of 2003, seven had been floats onto shore and becomes coincident with the use of mid- Some of these mechanisms are unlikely ‘‘beached’’ or incapable of returning to frequency active sonar and most to apply in the case of impulse sounds. sea, the event is termed a ‘‘stranding’’ involved beaked whales. However, there are indications that gas- (Geraci et al., 1999; Perrin and Geraci, Over the past 12 years, there have bubble disease (analogous to ‘‘the 2002; Geraci and Lounsbury, 2005; been five stranding events coincident bends’’), induced in supersaturated NMFS, 2007). The legal definition for a with military mid-frequency active tissue by a behavioral response to stranding under the MMPA is that ‘‘(A) sonar use in which exposure to sonar is acoustic exposure, could be a pathologic a marine mammal is dead and is (i) on believed to have been a contributing mechanism for the strandings and a beach or shore of the United States; or factor to strandings: Greece (1996); the mortality of some deep-diving cetaceans (ii) in waters under the jurisdiction of Bahamas (2000); Madeir (2000); Canary exposed to sonar. The evidence for this the United States (including any Islands (2002); and Spain (2006). Refer remains circumstantial and associated navigable waters); or (B) a marine to Cox et al. (2006) for a summary of with exposure to naval mid-frequency mammal is alive and is (i) on a beach common features shared by the sonar, not seismic surveys (Cox et al., or shore of the United States and is strandings events in Greece (1996), 2006; Southall et al., 2007). unable to return to the water; (ii) on a Bahamas (2000), Madeira (2000), and Seismic pulses and mid-frequency beach or shore of the United States and, Canary Islands (2002); and Fernandez et sonar signals are quite different, and although able to return to the water is al., (2005) for an additional summary of some mechanisms by which sonar in need of apparent medical attention; the Canary Islands 2002 stranding event. sounds have been hypothesized to affect or (iii) in the waters under the Potential for Stranding from Seismic beaked whales are unlikely to apply to jurisdiction of the United States Surveys—Marine mammals close to airgun pulses. Sounds produced by (including any navigable waters), but is underwater detonations of high airgun arrays are broadband impulses unable to return to its natural habitat explosives can be killed or severely with most of the energy below one kHz. under its own power or without injured, and the auditory organs are Typical military mid-frequency sonar assistance.’’ especially susceptible to injury (Ketten emits non-impulse sounds at Marine mammals are known to strand et al., 1993; Ketten, 1995). However, frequencies of 2 to 10 kHz, generally for a variety of reasons, such as explosives are no longer used in marine with a relatively narrow bandwidth at infectious agents, biotoxicosis, waters for commercial seismic surveys any one time. A further difference starvation, fishery interaction, ship or (with rare exceptions) for seismic between seismic surveys and naval strike, unusual oceanographic or research. These methods have been exercises is that naval exercises can weather events, sound exposure, or replaced entirely by airguns or related involve sound sources on more than one combinations of these stressors non-explosive pulse generators. Airgun vessel. Thus, it is not appropriate to sustained concurrently or in series. pulses are less energetic and have expect that the same to marine However, the cause or causes of most slower rise times, and there is no mammals will result from military sonar

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and seismic surveys. However, evidence diving species, this might perhaps result when a multibeam echosounder emits a that sonar signals can, in special in bubble formation and a form of the pulse is small. The animal would have circumstances, lead (at least indirectly) bends, as speculated to occur in beaked to pass the transducer at close range and to physical damage and mortality (e.g., whales exposed to sonar. However, be swimming at speeds similar to the Balcomb and Claridge, 2001; NOAA and there is no specific evidence of this vessel in order to receive the multiple USN, 2001; Jepson et al., 2003; upon exposure to airgun pulses. pulses that might result in sufficient Ferna´ndez et al., 2004, 2005; In general, very little is known about exposure to cause TTS. Hildebrand 2005; Cox et al., 2006) the potential for seismic survey sounds Navy sonars that have been linked to suggests that caution is warranted when (or other types of strong underwater avoidance reactions and stranding of dealing with exposure of marine sounds) to cause non-auditory physical cetaceans: (1) Generally have longer mammals to any high-intensity sound. effects in marine mammals. Such pulse duration than the Kongsberg EM There is no conclusive evidence of effects, if they occur at all, would 122; and (2) are often directed close to cetacean strandings or deaths at sea as presumably be limited to short distances horizontally versus more downward for a result of exposure to seismic surveys, and to activities that extend over a the multibeam echosounder. The area of but a few cases of strandings in the prolonged period. The available data do possible influence of the multibeam general area where a seismic survey was not allow identification of a specific echosounder is much smaller—a narrow ongoing have led to speculation exposure level above which non- band below the source vessel. Also, the concerning a possible link between auditory effects can be expected duration of exposure for a given marine seismic surveys and strandings. (Southall et al., 2007), or any mammal can be much longer for naval Suggestions that there was a link meaningful quantitative predictions of sonar. During L–DEO and PG&E’s between seismic surveys and strandings the numbers (if any) of marine mammals operations, the individual pulses will be of humpback whales in Brazil (Engel et that might be affected in those ways. very short, and a given mammal would al., 2004) were not well founded (IAGC, Marine mammals that show behavioral not receive many of the downward- 2004; IWC, 2007). In September, 2002, avoidance of seismic vessels, including directed pulses as the vessel passes by. there was a stranding of two Cuvier’s most baleen whales, some odontocetes, Possible effects of a multibeam beaked whales in the Gulf of California, and some pinnipeds, are especially echosounder on marine mammals are Mexico, when the L–DEO vessel R/V unlikely to incur non-auditory physical described below. Maurice Ewing was operating a 20 effects. Masking—Marine mammal airgun (8,490 in3) array in the general communications will not be masked area. The link between the stranding Potential Effects of Other Acoustic appreciably by the multibeam and the seismic surveys was Devices echosounder signals given the low duty inconclusive and not based on any Multibeam Echosounder cycle of the echosounder and the brief physical evidence (Hogarth, 2002; period when an individual mammal is Yoder, 2002). Nonetheless, the Gulf of L–DEO and PG&E will operate the likely to be within its beam. California incident plus the beaked Kongsberg EM 122 multibeam Furthermore, in the case of baleen whale strandings near naval exercises echosounder from the source vessel whales, the multibeam echosounder involving use of mid-frequency sonar during the planned study. Sounds from signals (12 kHz) do not overlap with the suggests a need for caution in the multibeam echosounder are very predominant frequencies in the calls, conducting seismic surveys in areas short pulses, occurring for 2 to 15 ms which would avoid any significant occupied by beaked whales until more once every 5 to 20 s, depending on masking. is known about effects of seismic water depth. Most of the energy in the Behavioral Responses—Behavioral surveys on those species (Hildebrand, sound pulses emitted by this multibeam reactions of free-ranging marine 2005). No injuries of beaked whales are echosounder is at frequencies near 12 mammals to sonars, echosounders, and anticipated during the proposed study kHz, and the maximum source level is other sound sources appear to vary by because of: 242 dB re 1 mPa (rms). The beam is species and circumstance. Observed (1) The high likelihood that any narrow (1 to 2°) in fore-aft extent and reactions have included silencing and beaked whales nearby would avoid the wide (150°) in the cross-track extent. dispersal by sperm whales (Watkins et approaching vessel before being Each ping consists of eight (in water al., 1985), increased vocalizations and exposed to high sound levels, and greater than 1,000 m deep) or four (in no dispersal by pilot whales (Rendell (2) Differences between the sound water less than 1,000 m deep) and Gordon, 1999), and the previously- sources operated by L–DEO and those successive fan-shaped transmissions mentioned beachings by beaked whales. involved in the naval exercises (segments) at different cross-track During exposure to a 21 to 25 kHz associated with strandings. angles. Any given mammal at depth ‘‘whale-finding’’ sonar with a source Non-auditory Physiological Effects— near the trackline would be in the main level of 215 dB re 1 mPa, gray whales Non-auditory physiological effects or beam for only one or two of the nine reacted by orienting slightly away from injuries that theoretically might occur in segments. Also, marine mammals that the source and being deflected from marine mammals exposed to strong encounter the Kongsberg EM 122 are their course by approximately 200 m underwater sound include stress, unlikely to be subjected to repeated (656.2 ft) (Frankel, 2005). When a 38 neurological effects, bubble formation, pulses because of the narrow fore–aft kHz echosounder and a 150 kHz resonance, and other types of organ or width of the beam and will receive only acoustic Doppler current profiler were tissue damage (Cox et al., 2006; Southall limited amounts of pulse energy transmitting during studies in the et al., 2007). Studies examining such because of the short pulses. Animals Eastern Tropical Pacific, baleen whales effects are limited. However, resonance close to the ship (where the beam is showed no significant responses, while effects (Gentry, 2002) and direct noise- narrowest) are especially unlikely to be spotted and spinner dolphins were induced bubble formations (Crum et al., ensonified for more than one 2 to 15 ms detected slightly more often and beaked 2005) are implausible in the case of pulse (or two pulses if in the overlap whales less often during visual surveys exposure to an impulsive broadband area). Similarly, Kremser et al. (2005) (Gerrodette and Pettis, 2005). source like an airgun array. If seismic noted that the probability of a cetacean Captive bottlenose dolphins and a surveys disrupt diving patterns of deep- swimming through the area of exposure beluga whale exhibited changes in

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behavior when exposed to 1 s tonal vessel during the proposed survey. Behavioral Responses to Vessel signals at frequencies similar to those Sounds from the sub-bottom profiler are Movement—There are limited data that will be emitted by the multibeam very short pulses, occurring for 1 to 4 concerning marine mammal behavioral echosounder used by L–DEO and PG&E, ms once every second. Most of the responses to vessel traffic and vessel and to shorter broadband pulsed signals. energy in the sound pulses emitted by noise, and a lack of consensus among Behavioral changes typically involved the sub-bottom profiler is at 3.5 kHz, scientists with respect to what these what appeared to be deliberate attempts and the beam is directed downward. responses mean or whether they result to avoid the sound exposure (Schlundt The sub-bottom profiler on the Langseth in short-term or long-term adverse et al., 2000; Finneran et al., 2002; has a maximum source level of 204 dB effects. In those cases where there is a Finneran and Schlundt, 2004). The re 1 mPa. Kremser et al. (2005) noted busy shipping lane or where there is a relevance of those data to free-ranging that the probability of a cetacean large amount of vessel traffic, marine odontocetes is uncertain, and in any swimming through the area of exposure mammals (especially low frequency case, the test sounds were quite when a bottom profiler emits a pulse is specialists) may experience acoustic different in duration as compared with small—even for a sub-bottom profiler masking (Hildebrand, 2005) if they are those from a multibeam echosounder. more powerful than that on the present in the area (e.g., killer whales in Very few data are available on the Langseth. If the animal was in the area, Puget Sound; Foote et al., 2004; Holt et reactions of pinnipeds to echosounder it would have to pass the transducer at al., 2008). In cases where vessels sounds at frequencies similar to those close range in order to be subjected to actively approach marine mammals used during seismic operations. Hastie sound levels that could cause TTS. (e.g., whale watching or dolphin and Janik (2007) conducted a series of Masking—Marine mammal watching boats), scientists have behavioral response tests on two captive communications will not be masked documented that animals exhibit altered gray seals to determine their reactions to appreciably by the sub-bottom profiler behavior such as increased swimming underwater operation of a 375 kHz signals given the directionality of the speed, erratic movement, and active multibeam imaging echosounder that signal and the brief period when an avoidance behavior (Bursk, 1983; included significant signal components individual mammal is likely to be Acevedo, 1991; Baker and MacGibbon, down to 6 kHz. Results indicated that within its beam. Furthermore, in the 1991; Trites and Bain, 2000; Williams et the two seals reacted to the signal by case of most baleen whales, the sub- al., 2002; Constantine et al., 2003), significantly increasing their dive bottom profiler signals do not overlap reduced blow interval (Ritcher et al., durations. Because of the likely brevity with the predominant frequencies in the 2003), disruption of normal social of exposure to the multibeam calls, which would avoid significant behaviors (Lusseau, 2003, 2006), and the echosounder sounds, pinniped reactions masking. shift of behavioral activities which may are expected to be limited to startle or Behavioral Responses—Marine increase energetic costs (Constantine et otherwise brief responses of no lasting mammal behavioral reactions to other al., 2003, 2004). A detailed review of consequences to the animals. pulsed sound sources are discussed marine mammal reactions to ships and Hearing Impairment and Other above, and responses to the sub-bottom boats is available in Richardson et al., Physical Effects—Given recent stranding profiler are likely to be similar to those (1995). For each of the marine mammal events that have been associated with for other pulsed sources if received at taxonomy groups, Richardson et al., the operation of naval sonar, there is the same levels. However, the pulsed (1995) provides the following concern that mid-frequency sonar signals from the sub-bottom profiler are assessment regarding reactions to vessel sounds can cause serious impacts to considerably weaker than those from the traffic: marine mammals (see above). However, multibeam echosounder. Therefore, Toothed whales—‘‘In summary, the multibeam echosounder proposed behavioral responses are not expected toothed whales sometimes show no for use by L–DEO and PG&E is quite unless marine mammals are very close avoidance reaction to vessels, or even different than sonar used for Navy to the source. approach them. However, avoidance can operations. Pulse duration of the Hearing Impairment and Other occur, especially in response to vessels multibeam echosounder is very short Physical Effects—It is unlikely that the of types used to chase or hunt the relative to the naval sonar. Also, at any sub-bottom profiler produces pulse animals. This may cause temporary given location, an individual marine levels strong enough to cause hearing displacement, but we know of no clear mammal would be in the beam of the impairment or other physical injuries evidence that toothed whales have multibeam echosounder for much less even in an animal that is (briefly) in a abandoned significant parts of their time given the generally downward position near the source. The sub- range because of vessel traffic.’’ orientation of the beam and its narrow bottom profiler is usually operated Baleen whales—‘‘When baleen whales fore-aft beamwidth; Navy sonar often simultaneously with other higher-power receive low-level sounds from distant or uses near-horizontally-directed sound. acoustic sources, including airguns. stationary vessels, the sounds often Those factors would all reduce the Many marine mammals will move away seem to be ignored. Some whales sound energy received from the in response to the approaching higher- approach the sources of these sounds. multibeam echosounder rather power sources or the vessel itself before When vessels approach whales slowly drastically relative to that from naval the mammals would be close enough for and non-aggressively, whales often sonar. there to be any possibility of effects exhibit slow and inconspicuous NMFS believes that the brief exposure from the less intense sounds from the avoidance maneuvers. In response to of marine mammals to one pulse, or sub-bottom profiler. strong or rapidly changing vessel noise, small numbers of signals, from the baleen whales often interrupt their Vessel Movement and Collisions multibeam echosounder is not likely to normal behavior and swim rapidly result in the harassment of marine Vessel movement in the vicinity of away. Avoidance is especially strong mammals. marine mammals has the potential to when a boat heads directly toward the result in either a behavioral response or whale.’’ Sub-Bottom Profiler a direct physical interaction. Both Behavioral responses to stimuli are L–DEO and PG&E will also operate a scenarios are discussed below in this complex and influenced to varying sub-bottom profiler from the source section. degrees by a number of factors, such as

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species, behavioral contexts, Although the radiated sound from the mammal interactions occurring during geographical regions, source Langseth and support vessels will be the proposed survey is unlikely due to characteristics (moving or stationary, audible to marine mammals over a large the Langseth’s and support vessels slow speed, direction, etc.), prior experience distance, it is unlikely that marine operational speed, which is typically 4.6 of the animal and physical status of the mammals will respond behaviorally (in kts (8.5 km/hr, 5.3 mph). Outside of animal. For example, studies have a manner that NMFS would consider seismic operations, the Langseth’s shown that beluga whales’ reaction harassment under the MMPA) to low- cruising speed would be approximately varied when exposed to vessel noise level distant shipping noise as the 10 kts (18.5 km/hr, 11.5 mph), which is and traffic. In some cases, beluga whales animals in the area are likely to be generally below the speed at which exhibited rapid swimming from ice- habituated to such noises (Nowacek et studies have noted reported increases of breaking vessels up to 80 km (43.2 nmi) al., 2004). In light of these facts, NMFS marine mammal injury or death (Laist et away, and showed changes in surfacing, does not expect the Langseth’s al., 2001). breathing, diving, and group movements to result in Level B As a final point, the Langseth has a composition in the Canadian high harassment. number of other advantages for avoiding Arctic where vessel traffic is rare (Finley Vessel Strike—Ship strikes of ship strikes as compared to most et al., 1990). In other cases, beluga cetaceans can cause major wounds, commercial merchant vessels, including whales were more tolerant of vessels, which may lead to the death of the the following: the Langseth’s bridge but responded differentially to certain animal. An animal at the surface could offers good visibility to visually monitor vessels and operating characteristics by be struck directly by a vessel, a for marine mammal presence; PSOs reducing their calling rates (especially surfacing animal could hit the bottom of posted during operations scan the ocean older animals) in the St. Lawrence River a vessel, or an animal just below the for marine mammals and must report where vessel traffic is common (Blane surface could be cut by a vessel’s visual alerts of marine mammal and Jaakson, 1994). In Bristol Bay, propeller. The severity of injuries presence to crew; and the PSOs receive Alaska, beluga whales continued to feed typically depends on the size and speed extensive training that covers the when surrounded by fishing vessels and of the vessel (Knowlton and Kraus, fundamentals of visual observing for resisted dispersal even when 2001; Laist et al., 2001; Vanderlaan and marine mammals and information about purposefully harassed (Fish and Vania, Taggart, 2007). marine mammals and their 1971). The most vulnerable marine mammals identification at sea. are those that spend extended periods of In reviewing more than 25 years of time at the surface in order to restore Entanglement whale observation data, Watkins (1986) oxygen levels within their tissues after Entanglement can occur if wildlife concluded that whale reactions to vessel deep dives (e.g., the sperm whale). In becomes immobilized in survey lines, traffic were ‘‘modified by their previous addition, some baleen whales, such as cables, nets, or other equipment that is experience and current activity: the North Atlantic right whale, seem moving through the water column. The Habituation often occurred rapidly, generally unresponsive to vessel sound, proposed seismic survey would require attention to other stimuli or making them more susceptible to vessel towing approximately 6.4 km2 (1.9 preoccupation with other activities collisions (Nowacek et al., 2004). These nmi2) of equipment and cables. This sometimes overcame their interest or species are primarily large, slow moving large of an array carries the risk of wariness of stimuli.’’ Watkins noticed whales. Smaller marine mammals (e.g., entanglement for marine mammals. that over the years of exposure to ships bottlenose dolphin) move quickly Wildlife, especially slow moving in the Cape Cod area, minke whales through the water column and are often individuals, such as large whales, have changed from frequent positive interest seen riding the bow wave of large ships. a low probability of becoming entangled (e.g., approaching vessels) to generally Marine mammal responses to vessels due to slow speed of the survey vessel uninterested reactions; fin whales may include avoidance and changes in and onboard monitoring efforts. The changed from mostly negative (e.g., dive pattern (NRC, 2003). NSF has no recorded cases of avoidance) to uninterested reactions; fin An examination of all known ship entanglement of marine mammals whales changed from mostly negative strikes from all shipping sources during any of their 160,934 km (e.g., avoidance) to uninterested (civilian and military) indicates vessel (86,897.4 nmi) of seismic surveys. In reactions; right whales apparently speed is a principal factor in whether a May, 2011, there was one recorded continued the same variety of responses vessel strike results in death (Knowlton entanglement of an olive ridley sea (negative, uninterested, and positive and Kraus, 2001; Laist et al., 2001; turtle (Lepidochelys olivacea) in the responses) with little change; and Jensen and Silber, 2003; Vanderlaan and Langseth’s barovanes after the humpbacks dramatically changed from Taggart, 2007). In assessing records in conclusion of a seismic survey off Costa mixed responses that were often which vessel speed was known, Laist et Rica. There have cases of baleen whales, negative to reactions that were often al. (2001) found a direct relationship mostly gray whales (Heyning, 1990), strongly positive. Watkins (1986) between the occurrence of a whale becoming entangled in fishing lines. summarized that ‘‘whales near shore, strike and the speed of the vessel The probability for entanglement of even in regions with low vessel traffic, involved in the collision. The authors marine mammals is considered not generally have become less wary of concluded that most deaths occurred significant because of the vessel speed boats and their noises, and they have when a vessel was traveling in excess of and the monitoring efforts onboard the appeared to be less easily disturbed than 13 kts (24.1 km/hr, 14.9 mph). survey vessel. previously. In particular locations with L–DEO and PG&E’s proposed The potential effects to marine intense shipping and repeated operation of one source vessel and mammals described in this section of approaches by boats (such as the whale- support vessels for the proposed survey the document do not take into watching areas of Stellwagen Bank), is relatively small in scale compared to consideration the proposed monitoring more and more whales had positive the number of commercial ships and mitigation measures described later reactions to familiar vessels, and they transiting at higher speeds in the same in this document (see the ‘‘Proposed also occasionally approached other areas on an annual basis. The Mitigation’’ and ‘‘Proposed Monitoring boats and yachts in the same ways.’’ probability of vessel and marine and Reporting’’ sections) which, as

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noted are designed to effect the least seismic surveys on marine fish is from indicated anatomical damage, and the practicable impact on affected marine studies of individuals or portions of a second indicated TTS in fish hearing. mammal species and stocks. population; there have been no studies The anatomical case is McCauley et al. at the population scale. The studies of (2003), who found that exposure to Anticipated Effects on Marine Mammal individual fish have often been on caged airgun sound caused observable Habitat fish that were exposed to airgun pulses anatomical damage to the auditory The proposed seismic survey is not in situations not representative of an maculae of pink snapper (Pagrus anticipated to have any permanent actual seismic survey. Thus, available auratus). This damage in the ears had impact on habitats used by the marine information provides limited insight on not been repaired in fish sacrificed and mammals in the proposed survey area, possible real-world effects at the ocean examined almost two months after including the food sources they use (i.e. or population scale. This makes drawing exposure. On the other hand, Popper et fish and invertebrates). Additionally, no conclusions about impacts on fish al. (2005) documented only TTS (as physical damage to any habitat is problematic because, ultimately, the determined by auditory brainstem anticipated as a result of conducting the most important issues concern effects response) in two of three fish species proposed seismic survey. While it is on marine fish populations, their from the Mackenzie River Delta. This anticipated that the specified activity viability, and their availability to study found that broad whitefish may result in marine mammals avoiding fisheries. (Coregonus nasus) exposed to five certain areas due to temporary Hastings and Popper (2005), Popper airgun shots were not significantly ensonification, this impact to habitat is (2009), and Popper and Hastings different from those of controls. During temporary and was considered in (2009a,b) provided recent critical both studies, the repetitive exposure to further detail earlier in this document, reviews of the known effects of sound sound was greater than would have as behavioral modification. The main on fish. The following sections provide occurred during a typical seismic impact associated with the proposed a general synopsis of the available survey. However, the substantial low- activity will be temporarily elevated information on the effects of exposure to frequency energy produced by the noise levels and the associated direct seismic and other anthropogenic sound airguns (less than 400 Hz in the study effects on marine mammals in any as relevant to fish. The information by McCauley et al. [2003] and less than particular area of the approximately comprises results from scientific studies approximately 200 Hz in Popper et al. 740.5 km2 proposed project area, of varying degrees of rigor plus some [2005]) likely did not propagate to the previously discussed in this notice. The anecdotal information. Some of the data fish because the water in the study areas next section discusses the potential sources may have serious shortcomings was very shallow (approximately nine impacts of anthropogenic sound sources in methods, analysis, interpretation, and m in the former case and less than two on common marine mammal prey in the reproducibility that must be considered m in the latter). Water depth sets a proposed survey area (i.e., fish and when interpreting their results (see lower limit on the lowest sound invertebrates). Hastings and Popper, 2005). Potential frequency that will propagate (the Anticipated Effects on Fish adverse effects of the program’s sound ‘‘cutoff frequency’’) at about one-quarter sources on marine fish are noted. wavelength (Urick, 1983; Rogers and One reason for the adoption of airguns Pathological Effects—The potential Cox, 1988). as the standard energy source for marine for pathological damage to hearing Wardle et al. (2001) suggested that in seismic surveys is that, unlike structures in fish depends on the energy water, acute injury and death of explosives, they have not been level of the received sound and the organisms exposed to seismic energy associated with large-scale fish kills. physiology and hearing capability of the depends primarily on two features of However, existing information on the species in question. For a given sound the sound source: (1) the received peak impacts of seismic surveys on marine to result in hearing loss, the sound must pressure, and (2) the time required for fish and invertebrate populations is exceed, by some substantial amount, the the pressure to rise and decay. limited. There are three types of hearing threshold of the fish for that Generally, as received pressure potential effects of exposure to seismic sound (Popper, 2005). The increases, the period for the pressure to surveys: (1) pathological, (2) consequences of temporary or rise and decay decreases, and the physiological, and (3) behavioral. permanent hearing loss in individual chance of acute pathological effects Pathological effects involve lethal and fish on a fish population are unknown; increases. According to Buchanan et al. temporary or permanent sub-lethal however, they likely depend on the (2004), for the types of seismic airguns injury. Physiological effects involve number of individuals affected and and arrays involved with the proposed temporary and permanent primary and whether critical behaviors involving program, the pathological (mortality) secondary stress responses, such as sound (e.g., predator avoidance, prey zone for fish would be expected to be changes in levels of enzymes and capture, orientation and navigation, within a few meters of the seismic proteins. Behavioral effects refer to reproduction, etc.) are adversely source. Numerous other studies provide temporary and (if they occur) permanent affected. examples of no fish mortality upon changes in exhibited behavior (e.g., Little is known about the mechanisms exposure to seismic sources (Falk and startle and avoidance behavior). The and characteristics of damage to fish Lawrence, 1973; Holliday et al., 1987; three categories are interrelated in that may be inflicted by exposure to La Bella et al., 1996; Santulli et al., complex ways. For example, it is seismic survey sounds. Few data have 1999; McCauley et al., 2000a,b, 2003; possible that certain physiological and been presented in the peer-reviewed Bjarti, 2002; Thomsen, 2002; Hassel et behavioral changes could potentially scientific literature. As far as L–DEO, al., 2003; Popper et al., 2005; Boeger et lead to an ultimate pathological effect PG&E, and NMFS know, there are only al., 2006). on individuals (i.e., mortality). two papers with proper experimental An experiment of the effects of a The specific received sound levels at methods, controls, and careful single 700 in3 airgun was conducted in which permanent adverse effects to fish pathological investigation implicating Lake Meade, Nevada (USGS, 1999). The potentially could occur are little studied sounds produced by actual seismic data were used in an Environmental and largely unknown. Furthermore, the survey airguns in causing adverse Assessment of the effects of a marine available information on the impacts of anatomical effects. One such study reflection survey of the Lake Meade

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fault system by the National Park migration, mating, and catchability of invertebrates involves studies of Service (Paulson et al., 1993, in USGS, fish populations. Studies investigating individuals; there have been no studies 1999). The airgun was suspended 3.5 m the possible effects of sound (including at the population scale. Thus, available (11.5 ft) above a school of threadfin shad seismic survey sound) on fish behavior information provides limited insight on in Lake Meade and was fired three have been conducted on both uncaged possible real-world effects at the successive times at a 30 second interval. and caged individuals (e.g., Chapman regional or ocean scale. The most Neither surface inspection nor diver and Hawkins, 1969; Pearson et al., 1992; important aspect of potential impacts observations of the water column and Santulli et al., 1999; Wardle et al., 2001; concerns how exposure to seismic bottom found any dead fish. Hassel et al., 2003). Typically, in these survey sound ultimately affects For a proposed seismic survey in studies fish exhibited a sharp startle invertebrate populations and their Southern California, USGS (1999) response at the onset of a sound viability, including availability to conducted a review of the literature on followed by habituation and a return to fisheries. the effects of airguns on fish and normal behavior after the sound ceased. Literature reviews of the effects of fisheries. They reported a 1991 study of The Minerals Management Service seismic and other underwater sound on the Bay Area Fault system from the (MMS, 2005) assessed the effects of a invertebrates were provided by continental shelf to the Sacramento proposed seismic survey in Cook Inlet. Moriyasu et al. (2004) and Payne et al. River, using a 10 airgun (5,828 in3) The seismic survey proposed using (2008). The following sections provide a array. Brezzina and Associates were three vessels, each towing two, four- synopsis of available information on the hired by USGS to monitor the effects of airgun arrays ranging from 1,500 to effects of exposure to seismic survey the surveys, and concluded that airgun 2,500 in3. MMS noted that the impact to sound on species of decapod operations were not responsible for the fish populations in the survey area and crustaceans and cephalopods, the two death of any of the fish carcasses adjacent waters would likely be very taxonomic groups of invertebrates on observed, and the airgun profiling did low and temporary. MMS also which most such studies have been not appear to alter the feeding behavior concluded that seismic surveys may conducted. The available information is of sea lions, seals, or pelicans observed displace the pelagic fishes from the area from studies with variable degrees of feeding during the seismic surveys. temporarily when airguns are in use. scientific soundness and from anecdotal Some studies have reported, some However, fishes displaced and avoiding information. A more detailed review of equivocally, that mortality of fish, fish the airgun noise are likely to backfill the the literature on the effects of seismic eggs, or larvae can occur close to survey area in minutes to hours after survey sound on invertebrates is seismic sources (Kostyuchenko, 1973; cessation of seismic testing. Fishes not provided in Appendix F of NSF’s EA. Dalen and Knutsen, 1986; Booman et dispersing from the airgun noise (e.g., Pathological Effects—In water, lethal al., 1996; Dalen et al., 1996). Some of demersal species) may startle and move and sub-lethal injury to organisms the reports claimed seismic effects from short distances to avoid airgun exposed to seismic survey sound treatments quite different from actual emissions. appears to depend on at least two seismic survey sounds or even In general, any adverse effects on fish features of the sound source: (1) the reasonable surrogates. However, Payne behavior or fisheries attributable to received peak pressure; and (2) the time et al. (2009) reported no statistical seismic testing may depend on the required for the pressure to rise and differences in mortality/morbidity species in question and the nature of the decay. Generally, as received pressure between control and exposed groups of fishery (season, duration, fishing increases, the period for the pressure to capelin eggs or monkfish larvae. Saetre method). They may also depend on the rise and decay decreases, and the and Ona (1996) applied a ‘worst-case age of the fish, its motivational state, its chance of acute pathological effects scenario’ mathematical model to size, and numerous other factors that are increases. For the type of airgun array investigate the effects of seismic energy difficult, if not impossible, to quantify at planned for the proposed program, the on fish eggs and larvae. They concluded this point, given such limited data on pathological (mortality) zone for that mortality rates caused by exposure effects of airguns on fish, particularly crustaceans and cephalopods is to seismic surveys are so low, as under realistic at-sea conditions. expected to be within a few meters of compared to natural mortality rates, that the seismic source, at most; however, the impact of seismic surveying on Anticipated Effects on Invertebrates very few specific data are available on recruitment to a fish stock must be The existing body of information on levels of seismic signals that might regarded as insignificant. the impacts of seismic survey sound on damage these animals. This premise is Physiological Effects—Physiological marine invertebrates is very limited. based on the peak pressure and rise/ effects refer to cellular and/or However, there is some unpublished decay time characteristics of seismic biochemical responses of fish to and very limited evidence of the airgun arrays currently in use around acoustic stress. Such stress potentially potential for adverse effects on the world. could affect fish populations by invertebrates, thereby justifying further Some studies have suggested that increasing mortality or reducing discussion and analysis of this issue. seismic survey sound has a limited reproductive success. Primary and The three types of potential effects of pathological impact on early secondary stress responses of fish after exposure to seismic surveys on marine developmental stages of crustaceans exposure to seismic survey sound invertebrates are pathological, (Pearson et al., 1994; Christian et al., appear to be temporary in all studies physiological, and behavioral. Based on 2003; DFO, 2004). However, the impacts done to date (Sverdrup et al., 1994; the physical structure of their sensory appear to be either temporary or Santulli et al., 1999; McCauley et al., organs, marine invertebrates appear to insignificant compared to what occurs 2000a,b). The periods necessary for the be specialized to respond to particle under natural conditions. Controlled biochemical changes to return to normal displacement components of an field experiments on adult crustaceans are variable and depend on numerous impinging sound field and not to the (Christian et al., 2003, 2004; DFO, 2004) aspects of the biology of the species and pressure component (Popper et al., and adult cephalopods (McCauley et al., of the sound stimulus. 2001). 2000a,b) exposed to seismic survey Behavioral Effects—Behavioral effects The only information available on the sound have not resulted in any include changes in the distribution, impacts of seismic surveys on marine significant pathological impacts on the

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animals. It has been suggested that catchability by fisheries. Studies (1) Vessel-based Marine Wildlife exposure to commercial seismic survey investigating the possible behavioral Contingency Plan; activities has injured giant squid effects of exposure to seismic survey (2) Scheduling to avoid areas of high (Guerra et al., 2004), but the article sound on crustaceans and cephalopods marine mammal activity; provides little evidence to support this have been conducted on both uncaged (3) Speed and course alterations; claim. Tenera Environmental (2011b) and caged animals. In some cases, (4) Proposed exclusion zones around reported that Norris and Mohl (1983, invertebrates exhibited startle responses the sound source; summarized in Mariyasu et al., 2004) (e.g., squid in McCauley et al., 2000a,b). (5) Power-down procedures; observed lethal effects in squid (Loligo In other cases, no behavioral impacts (6) Shut-down procedures; vulgaris) at levels of 246 to 252 dB after were noted (e.g., crustaceans in (7) Ramp-up procedures; and 3 to 11 minutes. Christian et al., 2003, 2004; DFO 2004). (8) Morro Bay stock harbor porpoise Andre et al. (2011) exposed four There have been anecdotal reports of mitigation, monitoring, and adaptive species of cephalopods (Loligo vulgaris, reduced catch rates of shrimp shortly management that will detect significant Sepia officinalis, Octopus vulgaris, and after exposure to seismic surveys; impacts to harbor porpoises in real time Ilex coindetii), primarily cuttlefish, to however, other studies have not in order to trigger appropriate mitigation two hours of continuous 50 to 400 Hz observed any significant changes in measures (e.g., suspension of seismic ¥ sinusoidal wave sweeps at 157+/ 5 dB shrimp catch rate (Andriguetto-Filho et operations). re 1 mPa while captive in relatively al., 2005). Similarly, Parry and Gason Vessel-based Marine Wildlife small tanks. They reported (2006) did not find any evidence that Contingency Plan—The vessel-based morphological and ultrastructural lobster catch rates were affected by seismic operations of the PG&E’s Marine evidence of massive acoustic trauma seismic surveys. Any adverse effects on Wildlife Contingency Plan are designed (i.e., permanent and substantial crustacean and cephalopod behavior or to meet the anticipated Federal and alterations [lesions] of statocyst sensory fisheries attributable to seismic survey State regulatory requirements. The hair cells) to the exposed animals that objectives of the program will be: sound depend on the species in • increased in severity with time, question and the nature of the fishery To minimize any potential suggesting that cephalopods are (season, duration, fishing method). disturbance to marine mammals and particularly sensitive to low frequency ensure all regulatory requirements are sound. The received SPL was reported Proposed Mitigation followed; ¥ • as 157+/ 5 dB re 1 mPa, with peak In order to issue an Incidental Take To document observations of the levels at 175 dB re 1 mPa. As in the Authorization (ITA) under section proposed seismic survey on marine McCauley et al. (2003) paper on sensory mammals; and 101(a)(5)(D) of the MMPA, NMFS must • hair cell damage in pink snapper as a set forth the permissible methods of To collect baseline data on the result of exposure to seismic sound, the taking pursuant to such activity, and occurrence and distribution of marine cephalopods were subjected to higher other means of effecting the least mammals in the proposed study area. sound levels than they would be under practicable impact on such species or Proposed survey design features natural conditions, and they were stock and its habitat, paying particular include: • Timing and locating seismic unable to swim away from the sound attention to rookeries, mating grounds, operations to avoid potential source. and areas of similar significance, and Physiological Effects—Physiological interference with the annual peak of the the availability of such species or stock effects refer mainly to biochemical gray whale migration period; for taking for certain subsistence uses. responses by marine invertebrates to • Limiting the size of the seismic L–DEO and PG&E have reviewed the acoustic stress. Such stress potentially sound source to minimize energy could affect invertebrate populations by following source documents and have introduced into the marine increasing mortality or reducing incorporated a suite of appropriate environment; and reproductive success. Primary and mitigation measures into their project • Establishing buffer and exclusion secondary stress responses (i.e., changes description. zones radii based on modeling results of in haemolymph levels of enzymes, (1) Protocols used during previous the proposed sound sources. proteins, etc.) of crustaceans have been NSF and USGS-funded seismic research The Marine Wildlife Contingency noted several days or months after cruises as approved by NMFS and Plan will be implemented by a team of exposure to seismic survey sounds detailed in the recently completed Final NMFS-qualified PSOs. PSOs will be (Payne et al., 2007). It was noted Programmatic Environmental Impact stationed aboard the source and support however, that no behavioral impacts Statement/Overseas Environmental vessels through the duration of the were exhibited by crustaceans (Christian Impact Statement for Marine Seismic proposed project. Reporting of the et al., 2003, 2004; DFO, 2004). The Research Funded by the National results of the vessel-based mitigation periods necessary for these biochemical Science Foundation or Conducted by and monitoring program will include changes to return to normal are variable the U.S. Geological Survey; the estimation of the number of takes. and depend on numerous aspects of the (2) Previous IHA applications and The vessel-based work will provide: biology of the species and of the sound IHAs approved and authorized by • Information needed to estimate the stimulus. NMFS; and number of potential takes of marine Behavioral Effects—There is (3) Recommended best practices in mammals by harassment, which must be increasing interest in assessing the Richardson et al. (1995), Pierson et al. reported to NMFS and USFWS; possible direct and indirect effects of (1998), and Weir and Dolman, (2007). • Data on the occurrence, seismic and other sounds on To reduce the potential for distribution, and activities of marine invertebrate behavior, particularly in disturbance from acoustic stimuli mammals in the areas where the relation to the consequences for associated with the activities, L–DEO, proposed seismic operations are fisheries. Changes in behavior could PG&E and/or its designees have conducted; and potentially affect such aspects as proposed to implement the following • Information to compare the reproductive success, distribution, mitigation measures for marine distances, distributions, behavior, and susceptibility to predation, and mammals: movements of marine mammals relative

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to the source vessel at times with and down the airgun array, or perform a of one seismic trackline to the start of without airgun activity. shut-down if necessary (see ‘‘Shut-down the next trackline. During a power-down Scheduling to Avoid Areas of High Procedures’’). Table 1 summarizes the for mitigation, L–DEO and PG&E will Marine Mammal Activity—PG&E calculated distances at which sound operate one airgun. The continued proposes to conduct offshore seismic levels (160, 180, and 190 dB [rms]) are operation of one airgun is intended to surveys from October 15 through expected to be received from the 18 (a) alert marine mammals to the December 31, 2012, with airgun airgun array operating in upslope, presence of the seismic vessel in the operations taking place from November downslope, and alongshore depths area; and, (b) retain the option of 1 through December 31, 2012, to (although only the upslope radii will be initiating a ramp-up to full operations coincide with the reduced number of used for the 160 and 180 dB isopleths under poor visibility conditions. In cetaceans in the area, and outside the and the alongshore radii will be used for contrast, a shut-down occurs when all peak gray whale annual migration the 190 dB isopleth, as these are airgun activity is suspended. period. This timeframe also is outside considered the most conservative) and If the PSVO detects a marine mammal the breeding and pupping periods for the single airgun operating in shallow, outside the exclusion zone and is likely the Pacific harbor seal (March to June) intermediate, and deep water depths (all to enter the exclusion zone, L–DEO and and California sea lion (May to late survey boxes are within water depths of PG&E will power-down the airguns to July), both of which have rookeries 400 m or less). Received sound levels reduce the size of the 180 dB exclusion inshore, but adjacent to the proposed have been calculated by L–DEO, in zone before the animal is within the project area. No other pinnipeds breed relation to distance and direction from exclusion zone. Likewise, if a mammal in the project area. The 2012 survey the airguns, for the 18 airgun array and is already within the exclusion zone, timing has also been refined to address for the single 1900LL 40 in3 airgun, when first detected L–DEO and PG&E the breeding activity of the resident which will be used during power- will power-down the airguns Morro Bay stock of harbor porpoises. As downs. immediately. During a power-down of such, active use of airguns will not be A detailed description of the the airgun array, L–DEO ad PG&E will started until November 1, 2012, which modeling effort for the 18 airgun array operate the single 40 in3 airgun, which will minimize exposure of nursing by Greeneridge Sciences, Inc. is has a smaller exclusion zone. If the harbor porpoise to seismic operations. presented in Appendix A of the IHA PSVO detects a marine mammal within Speed and Course Alterations—If a application and NSF EA. Modeled or near the smaller exclusion zone marine mammal is detected outside the received sound levels prepared by L– around that single airgun (see Table 1), exclusion zone and, based on its DEO will be used for the single airgun. L–DEO and PG&E will shut-down the position and direction of travel, is likely If the PSVO detects marine airgun (see next section). to enter the exclusion zone, changes of mammal(s) within or about to enter the Following a power-down, the the vessel’s speed and course will be appropriate exclusion zone, the airguns Langseth will not resume full airgun considered if this does not compromise will be powered-down (or shut-down, if activity until the marine mammal has operational safety. For marine seismic necessary) immediately. cleared the 180 or 190 dB exclusion surveys towing large streamer arrays, At the initiation of the 3D seismic zone (see Table 1). The PSO will however, course alterations are not survey, direct measurements will be consider the animal to have cleared the typically implemented due to the taken of the received levels of exclusion zone if: vessel’s limited maneuverability. After underwater sound versus distance and • The observer has visually observed any such speed and/or course alteration direction from the airgun source vessel the animal leave the exclusion zone, or is begun, the marine mammal activities using calibrated hydrophones (i.e., a • An observer has not sighted the and movements relative to the seismic sound source verification test). The animal within the exclusion zone for 15 vessel will be closely monitored to acoustic data will be analyzed as minutes for species with shorter dive ensure that the marine mammal does quickly as reasonably practicable in the durations (i.e., small odontocetes or not approach within the exclusion zone. field and used to verify and adjust the pinnipeds), or 30 minutes for species If the marine mammal appears likely to buffer and exclusion zone distances. with longer dive durations (i.e., enter the exclusion zone, further The field report will be made available mysticetes and large odontocetes, mitigation actions will be taken, to NMFS and PSOs within 120 hours of including sperm, pygmy sperm, dwarf including a power-down and/or shut- completing the measurements. sperm, and beaked whales); or down of the airgun(s). To augment visual observations on • The vessel has transited outside the Proposed Exclusion Zones—L–DEO the Langseth, two scout vessels with a original 180 dB exclusion zone after an and PG&E use radii to designate minimum of three NMFS-qualified 8 minute period minute wait period. exclusion and buffer zones and to PSOs onboard each, shall be positioned The Langseth crew will resume estimate take for marine mammals. adjacent to the Langseth to monitor the operating the airguns at full power after Table 1 (presented earlier in this buffer and exclusion zones for 15 minutes of sighting any species with document) shows the distances at which mitigation-monitoring purposes. The short dive durations (i.e., small one would expect to receive three sound PSOs onboard the scout vessels will odontocetes or pinnipeds). Likewise, the levels (160, 180, and 190 dB) from the report to the PSOs onboard the Langseth crew will resume airgun operations at 18 airgun array and a single airgun. The if any marine mammals are observed. full power after 30 minutes of sighting 180 dB and 190 dB level shut-down Power-down Procedures—A power- any species with longer dive durations criteria are applicable to cetaceans and down involves decreasing the number of (i.e., mysticetes and large odontocetes, pinnipeds, respectively, as specified by airguns in use to one airgun, such that including sperm, pygmy sperm, dwarf NMFS (2000). L–DEO and PG&E used the radius of the 180 dB (or 190 dB) sperm, and beaked whales). these levels to establish the exclusion zone is decreased to the extent that the Because the vessel has transited away and buffer zones. observed marine mammal(s) are no from the vicinity of the original sighting If the PSVO detects marine longer in or about to enter the exclusion during the 8 minute period, mammal(s) within or about to enter the zone for the full airgun array. A power- implementing ramp-up procedures for appropriate exclusion zone, the down of the airgun array can also occur the full array after an extended power- Langseth crew will immediately power- when the vessel is moving from the end down (i.e., transiting for an additional

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35 minutes from the location of initial If the full exclusion zone is not visible to the start of operations in either sighting) would not meaningfully to the PSO for at least 30 minutes prior daylight or nighttime, L–DEO will not increase the effectiveness of observing to the start of operations in either commence the ramp-up unless at least marine mammals approaching or daylight or nighttime, the Langseth crew one airgun (40 in3 or similar) has been entering the exclusion zone for the full will not commence ramp-up unless at operating during the interruption of source level and would not further least one airgun (40 in3 or similar) has seismic survey operations. Given these minimize the potential for take. The been operating during the interruption provisions, it is likely that the airgun Langseth’s PSOs are continually of seismic survey operations. Given array will not be ramped-up from a monitoring the exclusion zone for the these provisions, it is likely that the complete shut-down at night or in thick full source level while the mitigation vessel’s crew will not ramp-up the fog, because the outer part of the airgun is firing. On average, PSOs can airgun array from a complete shut-down exclusion zone for that array will not be observe to the horizon (10 km or 5.4 at night or in thick fog, because the visible during those conditions. If one nmi) from the height of the Langseth’s outer part of the zone for that array will airgun has operated during a power- observation deck and should be able to not be visible during those conditions. down period, ramp-up to full power state with a reasonable degree of If one airgun has operated during a confidence whether a marine mammal power-down period, ramp-up to full will be permissible at night or in poor would be encountered within this power will be permissible at night or in visibility, on the assumption that distance before resuming airgun poor visibility, on the assumption that marine mammals will be alerted to the operations at full power. marine mammals will be alerted to the approaching seismic vessel by the Shut-down Procedures—L–DEO and approaching seismic vessel by the sounds from the single airgun and could PG&E will shut-down the operating sounds from the single airgun and could move away. L–DEO and PG&E will not airgun(s) if a marine mammal is seen move away. The vessel’s crew will not initiate a ramp-up of the airguns if a within or approaching the exclusion initiate ramp-up of the airguns if a marine mammal is sighted within or zone for the single airgun. L–DEO will marine mammal is sighted within or near the applicable exclusion zones. implement a shut-down: near the applicable exclusion zones (1) If an animal enters the exclusion during the day or close to the vessel at Use of a Small-Volume Airgun During zone of the single airgun after L–DEO night. Turns and Maintenance has initiated a power-down; or Ramp-up Procedures—Ramp-up of an Throughout the seismic survey, (2) If an animal is initially seen within airgun array provides a gradual increase particularly during turning movements, the exclusion zone of the single airgun in sound levels, and involves a step- and short-duration equipment when more than one airgun (typically wise increase in the number and total maintenance activities, L–DEO and the full airgun array) is operating (and volume of airguns firing until the full it is not practical or adequate to reduce volume of the airgun array is achieved. PG&E will employ the use of a small- exposure to less than 180 dB [rms]). The purpose of a ramp-up is to ‘‘warn’’ volume airgun (i.e., mitigation airgun) to Considering the conservation status marine mammals in the vicinity of the deter marine mammals from being for the North Pacific right whale, the airguns, and to provide the time for within the immediate area of the airguns will be shut-down immediately them to leave the area and thus avoid seismic operations. The mitigation in the unlikely event that this species is any potential injury or impairment of airgun would be operated at observed, regardless of the distance their hearing abilities. L–DEO and PG&E approximately one shot per minute and from the Langseth. Ramp-up will only will follow a ramp-up procedure when would not be operated for longer than begin if the North Pacific right whale the airgun array begins operating after three hours in duration (turns may last has not been seen for 30 minutes. an 8 minute period without airgun two to three hours for the proposed Following a shut-down in excess of 8 operations or when a power-down shut project). minutes, the Langseth crew will initiate down has exceeded that period. L–DEO During turns or brief transits (e.g., less a ramp-up with the smallest airgun in and PG&E considered proposing that, than 2 hours) between seismic the array (40 in3). The crew will turn on for the present cruise, this period would tracklines, one airgun will continue additional airguns in a sequence such be approximately two minutes. Since operating. The ramp-up procedure will that the source level of the array will from a practical and operational still be followed when increasing the increase in steps not exceeding 6 dB per standpoint this time period is source levels from one airgun to the full five-minute period over a total duration considered too brief, L–DEO and PG&E airgun array. However, keeping one of approximately 30 minutes. During propose to use 8 minutes, which is a airgun firing will avoid the prohibition ramp-up, the PSOs will monitor the time period used during previous 2D of a ‘‘cold start’’ during darkness or exclusion zone, and if he/she sights a surveys. L–DEO has used similar other periods of poor visibility. Through marine mammal, the Langseth crew will periods (approximately 8 to 10 min) use of this approach, seismic operations implement a power-down or shut-down during previous L–DEO surveys. as though the full airgun array were Ramp-up will begin with the smallest may resume without the 30 minute operational. airgun in the array (40 in3). Airguns will observation period of the full exclusion During periods of active seismic be added in a sequence such that the zone required for a ‘‘cold start,’’ and operations, there are occasions when the source level of the array will increase in without ramp-up if operating with the Langseth crew will need to temporarily steps not exceeding six dB per five mitigation airgun for under 8 minutes, shut-down the airguns due to minute period over a total duration of or with ramp-up if operating with the equipment failure or for maintenance. In approximately 30 to 35 minutes. During mitigation airgun over 8 minutes. PSOs this case, if the airguns are inactive ramp-up, the PSOs will monitor the will be on duty whenever the airguns longer than eight minutes, the crew will exclusion zone, and if marine mammals are firing during daylight, and at night follow ramp-up procedures for a shut- are sighted, L–DEO will implement a during the 30 minute periods prior to down described earlier and the PSOs power-down or shut-down as though ramp-ups as well as during ramp-ups or will monitor the full exclusion zone and the full airgun array were operational. when the Protected Species Acoustic will implement a power-down or shut- If the complete exclusion zone has not Observer detects the presence of marine down if necessary. been visible for at least 30 minutes prior mammals within the exclusion zone.

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Nighttime Survey Areas Appendix D of the IHA application), continue until the disposition of the Nighttime operations will be which will use aerial surveys, C–PODS animals was complete; this could restricted to areas in which marine (passive acoustic devices tuned to detect involve herding offshore, refloating/ mammal abundance is low based on high frequency harbor porpoise transporting/herding, transport to daytime observations (i.e., vessel and vocalizations), and moored rehabilitation, euthanasia, or any period aerial data) and historical hydrophones (tuned to identify received combination of the above. Shut-down distribution patterns. Data collection levels of seismic signals) to detect procedures will remain in effect until along inshore tracklines and near broader scale harbor porpoise responses NMFS determines that, and advises ° ′ ° to seismic surveys; and PG&E that, all live animals have left the Church Rock (35 20.675 North, 120 • 59.049′ West) will be done during Marine Mammal Stranding geographic area (either of their volition Response Plan (see Appendix F of the or following herding). daylight hours to the extent possible. If • nighttime survey operations are located IHA application), which will utilize If 2 cetaceans within one day, 3 or within the 40 m (131 ft) depth contour, response personnel and necessary more cetaceans within a week, or 5 or PSOs will visually monitor the area equipment to monitor the action area for more pinniped within a week are newly forward of the vessel with the aid of behaviors suggestive of stranding detected stranded (sick, injured, in need binoculars, and the forward-looking responses, and subsequently run of medical attention, or dead) on the infrared system available on the appropriate tests if an event occurs. beach or floating incapacitated or dead Triggers for Adaptive Management— Langseth. within the impact zone during the Below are the situations in which period of seismic operations, the Harbor Porpoise Mitigation, Monitoring, suspension of seismic airgun operations following would occur: and Adaptive Management Plan would be required. Following Æ For live stranded animals, the Because of heightened concern over suspension of activities for any of the stranding team would attempt to impacts from seismic operations to situations outlined below, NMFS and capture the animals and perform a harbor porpoises from the proposed our stranding network partners will Phase 1 examination, including auditory action, NMFS coordinated closely with further evaluate available information, evoked potential (AEP) testing of all PG&E to develop a comprehensive and including new information collected odontocetes, and any clinical tests precautionary monitoring, mitigation, while seismic operations are suspended, deemed necessary by the attending and adaptive management framework. and NMFS will coordinate with PG&E veterinarian. If the animal(s) are This plan, which PG&E has agreed to and L–DEO to determine if and how determined to be candidates for operationally and financially support, is seismic operations may continue. The immediate release (either from the designed to detect significant responses triggers that have been identified are as original stranding location or following follows: transport to a new location), shut-down of harbor porpoises to the activity that • can be used to trigger management The seismic survey will be may be needed until the release is actions in real-time and allow the suspended if the aerial surveys or complete. If the animal is determined to activity to proceed in a cautious manner acoustic detections show that moderate be a candidate for rehabilitation and the in light of some uncertainty regarding to large numbers of the Morro Bay stock initial examination is inconclusive how this species will respond to the of harbor porpoises, have been pushed regarding a reason for stranding, Phase activity. Additional measures include: out of their primary (core) habitat and/ 2 investigations will be conducted. • Implementation of an extended or outside of their normal stock range. Æ For all dead stranded animals, the initial ramp-up (around the length of Numerical thresholds for this, including stranding team would attempt to recover time it takes to run the first transect of (a) decreased densities in core habitat the carcass(es) and perform a detailed the aerial survey) at the beginning of and/or (b) increased densities in necropsy with diagnostic imaging scans each of the two survey boxes. secondary habitat (or beyond, e.g., Point to rule out obvious cause of death (e.g., • Ensuring that airgun operations for Conception) will have to be identified a Phase 1 investigation), as appropriate each survey box begin in the daylight. based in part on the fine-scale given the decomposition rate of the Data collected during pre-activity ‘‘baseline’’ surveys planned for October, animal and other logistical constraints survey operations and on-going before seismic operations start, and (size, weight, location, etc.). Then, if operational monitoring activities will be NMFS’s knowledge about their core Phase 1 tests are inconclusive and the used during the proposed seismic habitat from the coarser historical aerial animal(s) is (are) in good body operations to adjust or redirect seismic survey data. condition, Phase 2 investigations will be • operations should significant adverse The seismic survey will be conducted. impacts be observed to marine suspended if unusual behavior for Æ In either case, if Phase 2 mammals in the proposed project area. harbor porpoises is observed that would investigations are warranted for enough The Adaptive Management Plan will be suggest there is severe disturbance or animals to meet the initial numerical finalized in consultation with resource stress/injury. Details of this criterion are criteria, seismic operations will be agencies involved in the permitting and difficult to predict, but harbor porpoises suspended. monitoring activities associated with the usually occur in loosely aggregated • Strandings of single marine proposed 2012 seismic operations. groups of 1 to 5 individuals, with mammals with signs of acoustic trauma Information sources used as part of this characteristic surfacing behaviors. So, or barotrauma without another etiology plan will include, but not be limited to for example, a large, tight group of 50 would require a suspension of seismic the following: to 100 individuals rafting or bunched in operations. • Pre-activity and weekly aerial an unusual area would be of concern. • A ship-strike of a marine mammal • surveys (see Appendix G of the IHA A mass stranding (i.e., 2 or more by any of the vessels involved in the application); animals that simultaneously strand, seismic survey (including chase/support • Sound source verification study; other than cow-calf pairs) or unusual vessels) would result in a suspension of • Visual monitoring by PSOs onboard nearshore milling (‘‘near mass seismic operations. vessels; stranding’’) of any cetacean species. At Data from the proposed seismic • NMFS Morro Bay stock of Harbor a minimum, the shut-down of all operations 2012 may also be used to Porpoise Monitoring Program (see seismic airgun operations would revise proposed survey operations

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within Survey Box 1, or associated other groups insofar as this is practical • Approximately 5 to 10 days prior to mitigation and monitoring, which have and desirable. the start of seismic operations, an aerial been proposed to be conducted in 2013 survey will be flown to establish a Aerial Surveys as a result of consultation under the baseline for numbers and distribution of MMPA with NMFS. PG&E proposes to conduct aerial marine mammals in the project area; NMFS has carefully evaluated the surveys for large cetaceans in • Aerial surveys will be conducted applicant’s proposed mitigation conjunction with the proposed seismic weekly during the seismic operations to measures and has considered a range of survey operations and in accordance assist in the identification of marine other measures in the context of with the requirements established by mammals within the project buffer and ensuring that NMFS prescribes the the California State Lands Commission exclusion zones. Aerial monitors will be means of effecting the least practicable Environmental Impact Report mitigation in direct communications with ship- adverse impact on the affected marine measures. In addition to the PG&E aerial based monitors to assess the mammal species and stocks and their surveys focusing on large cetaceans effectiveness of monitoring operations. habitat. NMFS’s evaluation of potential (flying above 305 m [1,000 ft]), NMFS/ Based on the results of these measures included consideration of the USFWS will be conducting low level coordinated monitoring efforts, the need following factors in relation to one aerial surveys designed to monitor for additional aerial surveys will be another: southern sea otter and the Morro Bay evaluated; and stock of harbor porpoise movements • Approximately 5 to 10 days (1) The manner in which, and the through a separate project funded by following the completion of the offshore degree to which, the successful PG&E. These NMFS/USFWS aerial seismic operations, a final aerial survey implementation of the measure is survey operations will be conducted in will be conducted to document the expected to minimize adverse impacts close coordination with the PG&E aerial number and distribution of marine to marine mammals; surveys, but under existing permits. The mammals in the project area. These data (2) The proven or likely efficacy of the information generated by these two will be used in comparison with specific measure to minimize adverse aerial survey operations will be used to original survey data completed prior to impacts as planned; and inform the proposed project’s Adaptive the seismic operations. (3) The practicability of the measure Management Plan. Discussions between A copy of the draft Aerial Survey for applicant implementation. PG&E and NMFS/USFWS are currently Plan, that focuses particular attention on Proposed Monitoring and Reporting ongoing regarding the coordination of the presence of large cetaceans, is the aerial surveys and the potential for provided in Appendix G of the IHA In order to issue an ITA for an NMFS/USFWS to undertake all aerial application. activity, section 101(a)(5)(D) of the survey operations. More information Vessel-Based Visual Monitoring MMPA states that NMFS must set forth regarding the NMFS/USFWS aerial ‘‘requirements pertaining to the survey operations are provided in PSVOs will be based aboard the monitoring and reporting of such Appendix D and E of the IHA seismic source vessel and will watch for taking.’’ The MMPA implementing application. Two PSO’s will be used on marine mammals near the vessel during regulations at 50 CFR 216.104(a)(13) all aerial surveys. Aerial survey data daytime airgun operations and during indicate that requests for IHAs must and observations noted by PSOs will be any ramp-ups of the airguns at night. include the suggested means of provided to the agencies for review and PSVOs will also watch for marine accomplishing the necessary monitoring consideration of potential refinements mammals near the seismic vessel for at and reporting that will result in to mitigation measures. The general least 30 minutes prior to the start of increased knowledge of the species and purpose of these aerial survey efforts are airgun operations after an extended of the level of taking or impacts on to: shut-down (i.e., greater than populations of marine mammals that are • Identify direction of travel and approximately 8 minutes for this expected to be present in the action corridors utilized by marine mammals proposed cruise). When feasible, PSVOs area. relative to the proposed survey area; will conduct observations during • daytime periods when the seismic Proposed Monitoring Identify locations within the proposed survey area that support system is not operating for comparison L–DEO and PG&E propose to sponsor aggregations of marine mammals; of sighting rates and behavior with and marine mammal monitoring during the • Identify the relative abundance of without airgun operations and between proposed project, in order to implement marine mammals within the proposed acquisition periods. Based on PSVO the proposed mitigation measures that survey area; and observations, the airguns will be require real-time monitoring, and to • Document changes in the behavior powered-down or shut-down when satisfy the anticipated monitoring and distribution of marine mammals in marine mammals are observed within or requirements of the IHA. L–DEO and the area before, during and after the about to enter a designated exclusion PG&E’s proposed ‘‘Monitoring Plan’’ is proposed seismic operations. zone. The exclusion zone is a region in described below this section. L–DEO With the proposed timing of the which a possibility exists of adverse and PG&E understand that this seismic operations, aerial surveys will effects on animal hearing or other monitoring plan will be subject to be conducted prior to the initiation of, physical effects. review by NMFS, and that refinements during, and after the proposed project. During seismic operations off the may be required. The monitoring work The aerial surveys will pay particular central coast of California, at least five described here has been planned as a attention will be directed to the PSOs (PSVO and/or Protected Species self-contained project independent of identification of the presence of large Acoustic Observer [PSAO]) will be any other related monitoring projects cetaceans (i.e., blue, fin, and humpback based aboard the Langseth. In addition, that may be occurring simultaneously in whales) due to the likelihood that those three PSO’s will be positioned on each the same regions. L–DEO and PG&E are species will be present in the project of the survey/chase vessels (which at prepared to discuss coordination of area. Aerial survey operations focused this time is anticipated to be two their monitoring program with any on large cetaceans will include the vessels). L–DEO will appoint the PSOs related work that might be done by following components: with NMFS’s concurrence. Observations

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will take place during ongoing daytime durations (mysticetes and large and a hull-mounted hydrophone. One operations and nighttime ramp-ups of odontocetes, including sperm, pygmy PSAO will monitor the acoustic the airguns. During the majority of sperm, dwarf sperm, killer, and beaked detection system by listening to the seismic operations, two PSVOs will be whales). signals from two channels via on duty from the observation tower (i.e., headphones and/or speakers and Vessel-Based Passive Acoustic the best available vantage point on the Monitoring watching the real-time spectrographic source vessel) to monitor marine display for frequency ranges produced mammals near the seismic vessel. Use of Vessel-based, towed PAM will by cetaceans. The PSAO monitoring the two simultaneous PSVOs will increase complement the visual monitoring acoustical data will be on shift for one the effectiveness of detecting animals program, when practicable. Visual to six hours at a time. All PSOs are near the source vessel. However, during monitoring typically is not effective expected to rotate through the PAM meal times and bathroom breaks, it is during periods of poor visibility or at position, although the expert PSAO will sometimes difficult to have two PSVOs night, and even with good visibility, is be on PAM duty more frequently. on effort, but at least one PSVO will be unable to detect marine mammals when When a vocalization is detected while on duty. PSVO(s) will be on duty in they are below the surface or beyond visual observations (during daylight) are shifts no longer than 4 hours in visual range. Passive acoustical in progress, the PSAO will contact the duration. monitoring can be used in addition to PSVO immediately, to alert him/her to Two PSVOs will also be on visual visual observations to improve the presence of cetaceans (if they have watch during all daytime ramp-ups of detection, identification, and not already been seen), and to allow a localization of cetaceans. The passive the seismic airguns. A third PSAO will power-down or shut-down to be acoustic monitoring will serve to alert monitor the PAM equipment 24 hours a initiated, if required. When bearings visual observers (if on duty) when day to detect vocalizing marine (primary and mirror-image) to calling vocalizing cetaceans are detected. It is mammals present in the action area. In cetacean(s) are determined, the bearings only useful when marine mammals call, summary, a typical daytime cruise will be related to the PSVO(s) to help but it can be effective either by day or would have scheduled two PSVOs on him/her sight the calling animal. During by night, and does not depend on good duty from the observation tower, and a non-daylight hours, when a cetacean is visibility. It will be monitored in real third PSAO on PAM. Other crew will detected by acoustic monitoring and time so that the PSVOs can be advised also be instructed to assist in detecting may be close to the source vessel, the when cetaceans are detected. marine mammals and implementing Langseth crew will be notified mitigation requirements (if practical). The PAM system consists of hardware immediately so that the proper Before the start of the seismic survey, (i.e., hydrophones) and software. The mitigation measure may be the crew will be given additional ‘‘wet end’’ of the system consists of a implemented. instruction on how to do so. towed hydrophone array that is The Langseth is a suitable platform for connected to the vessel by a tow cable. The information regarding the call marine mammal observations. When The tow cable is 250 m (820.2 ft) long, will be entered into a database. Data stationed on the observation platform, and the hydrophones are fitted in the entry will include an acoustic encounter the eye level will be approximately 21.5 last 10 m (32.8 ft) of cable. A depth identification number, whether it was m (70.5 ft) above sea level, and the gauge is attached to the free end of the linked with a visual sighting, date, time PSVO will have a good view around the cable, and the cable is typically towed when first and last heard and whenever entire vessel. During daytime, the at depths less than 20 m (65.6 ft). The any additional information was PSVOs will scan the area around the array will be deployed from a winch recorded, position and water depth vessel systematically with reticle located on the back deck. A deck cable when first detected, bearing if binoculars (e.g., 7 x 50 Fujinon), Big-eye will connect from the winch to the main determinable, species or species group binoculars (25 x 150), and with the computer laboratory where the acoustic (e.g., unidentified dolphin, sperm naked eye. Laser range-finding station, signal conditioning, and whale), types and nature of sounds binoculars (Leica LRF 1200 laser processing system will be located. The heard (e.g., clicks, continuous, sporadic, rangefinder or equivalent) will be acoustic signals received by the whistles, creaks, burst pulses, strength available to assist with distance hydrophones are amplified, digitized, of signal, etc.), and any other notable estimation. Those are useful in training and then processed by the Pamguard information. The acoustic detection can observers to estimate distances visually, software. The system can detect marine also be recorded for further analysis. but are generally not useful in mammal vocalizations at frequencies up PSO Data and Documentation measuring distances to animals directly; to 250 kHz. that is done primarily with the reticles One PSAO, an expert bioacoustician PSVOs will record data to estimate in the binoculars. in addition to the four PSVOs, with the numbers of marine mammals When marine mammals are detected primary responsibility for PAM, will be exposed to various received sound within or about to enter the designated onboard the Langseth. The towed levels and to document apparent exclusion zone, the airguns will hydrophones will ideally be monitored disturbance reactions or lack thereof. immediately be powered-down or shut- by the PSAO 24 hours per day while at Data will be used to estimate numbers down if necessary. The PSVO(s) will the proposed seismic survey area during of animals potentially ‘taken’ by continue to maintain watch to airgun operations, and during most harassment (as defined in the MMPA). determine when the animal(s) are periods when the Langseth is underway They will also provide information outside the exclusion zone by visual while the airguns are not operating. needed to order a power-down or shut- confirmation. Airgun operations will However, PAM may not be possible if down of the airguns when a marine not resume until the animal is damage occurs to the array or back-up mammal is within or near the exclusion confirmed to have left the exclusion systems during operations. The primary zone. Observations will also be made zone, or if not observed after 15 minutes PAM streamer on the Langseth is a during daytime periods when the for species with shorter dive durations digital hydrophone streamer. Should the Langseth is underway without seismic (small odontocetes and pinnipeds) or 30 digital streamer fail, back-up systems operations. There will also be minutes for species with longer dive should include an analog spare streamer opportunities to collect baseline

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biological data during the transits to, other intervals as required by NMFS, that could result in ‘‘takes’’ of marine from, and through the study area. USFWS, the U.S. Army Corps of mammals by harassment or in other When a sighting is made, the Engineers, California State Lands ways. After the report is considered following information about the sighting Commission, California Coastal final, it will be publicly available on the will be recorded: Commission, or PG&E, summarizing the NMFS and NSF Web sites at: http:// 1. Species, group size, age/size/sex recent results of the monitoring www.nmfs.noaa.gov/pr/permits/ categories (if determinable), behavior program. The reports will summarize incidental.htm#iha and http:// when first sighted and after initial the species and numbers of marine www.nsf.gov/geo/oce/encomp/index.jsp. sighting, heading (if consistent), bearing mammals sighted. These reports will be Estimated Take by Incidental and distance from seismic vessel, provided to NMFS as well as PG&E, L– Harassment sighting cue, apparent reaction to the DEO, and NSF. airguns or vessel (e.g., none, avoidance, In addition to the vessel-based Except with respect to certain approach, paralleling, etc.), and monitoring, L–DEO and PG&E will activities not pertinent here, the MMPA behavioral pace. submit reports outlining the monitoring defines ‘‘harassment’’ as: Any act of 2. Time, location, heading, speed, results of the aerial survey for large pursuit, torment, or annoyance which (i) activity of the vessel, sea state, cetaceans, the aerial survey for harbor has the potential to injure a marine visibility, and sun glare. porpoises and other small cetaceans, mammal or marine mammal stock in the The data listed under (2) will also be and any marine mammals stranding wild [Level A harassment]; or (ii) has recorded at the start and end of each response activities. the potential to disturb a marine observation watch, and during a watch L–DEO and PG&E will submit a mammal or marine mammal stock in the whenever there is a change in one or comprehensive report to NMFS and wild by causing disruption of behavioral more of the variables. NSF within 90 days after the end of the patterns, including, but not limited to, All observations and ramp-ups, cruise. The report will describe the migration, breathing, nursing, breeding, power-downs or shut-downs will be operations that were conducted and feeding, or sheltering [Level B recorded in a standardized format. The sightings of marine mammals near the harassment]. PSOs will record this information onto operations. The report will provide full Level B harassment is anticipated and datasheets. During periods between documentation of methods, results, and proposed to be authorized as a result of watches and periods when operations interpretation pertaining to all the proposed marine seismic survey off are suspended, those data will be monitoring. The 90-day report will the central coast of California. Acoustic entered into a laptop computer running summarize the dates and locations of stimuli (i.e., increased underwater a custom computer database. The seismic operations, and all marine sound) generated during the operation accuracy of the data entry will be mammal sightings (i.e., dates, times, of the seismic airgun array are expected verified by computerized data validity locations, activities, associated seismic to result in the behavioral disturbance of checks as the data are entered and by survey activities, and associated PAM some marine mammals, and potentially subsequent manual checking of the detections). The report will minimally the temporary displacement of some of the Morro Bay stock of harbor porpoises database. These procedures will allow include: initial summaries of data to be prepared • Summaries of monitoring effort— from their preferred, or core, habitat during and shortly after the field total hours, total distances, and area. There is no evidence that the program, and will facilitate transfer of distribution of marine mammals planned activities could result in injury, the data to statistical, graphical, and through the study period accounting for serious injury, or mortality for which L– other programs for further processing sea state and other factors affecting DEO and PG&E seeks the IHA. The and archiving. Quality control of the visibility and detectability of marine required mitigation and monitoring data will be facilitated by (a) The start- mammals; measures will minimize any potential of survey training session; (b) • Analyses of the effects of various risk for injury, serious injury, or subsequent supervision by the onboard factors influencing detectability of mortality. lead PSO; and (c) ongoing data checks marine mammals including sea state, The following sections describe L– during the seismic survey. number of PSOs, and fog/glare; DEO and PG&E’s methods to estimate Results from the vessel-based • Species composition, occurrence, take by incidental harassment and observations will provide: and distribution of marine mammals present the applicant’s estimates of the 1. The basis for real-time mitigation sightings including date, water depth, numbers of marine mammals that could (airgun power-down or shut-down). numbers, age/size/gender, and group be affected during the proposed seismic 2. Information needed to estimate the sizes; and analyses of the effects of program along the central coast of number of marine mammals potentially seismic operations; California. The estimates are based on a taken by harassment, which must be • Sighting rates of marine mammals consideration of the number of marine reported to NMFS. during periods with and without airgun mammals that could be harassed by 3. Data on the occurrence, activities (and other variables that could seismic operations with the 18 airgun distribution, and activities of marine affect detectability); array to be used. The size of the mammals in the area where the seismic • Initial sighting distances versus proposed 3D seismic survey area in study is conducted. airgun activity state; 2012 is approximately 740.52 km2 4. Information to compare the • Closes point of approach versus (285.9 nmi2) and located adjacent to the distance and distribution of marine airgun activity state; coastline and extending from 11 to 21 mammals relative to the source vessel at • Observed behaviors and types of km (5.9 to 11.3 nmi) offshore, as times with and without seismic activity. movements versus airgun activity state; depicted in Figure 2 of the IHA 5. Data on the behavior and • Numbers of sightings/individuals application. movement patterns of marine mammals seen versus airgun activity state; and L–DEO and PG&E assume that, during seen at times with and without seismic • Distribution around the source simultaneous operations of the airgun activity. vessel versus airgun activity state. array and the other sources, any marine Throughout the seismic survey, PSOs The report will also include estimates mammals close enough to be affected by will prepare a report each day or at such of the number and nature of exposures the multibeam echosounder and sub-

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bottom profiler would already be purposes of developing density For Padre Associates, Inc. densities affected by the airguns. However, estimates. Further, all survey data are indicated with an uppercase superscript whether or not the airguns are operating subject to detectability and availability ‘‘B’’ (B), data were acquired between simultaneously with the other sources, biases. Detectability bias is associated October, 2010 and February, 2011 marine mammals are expected to exhibit with diminishing sightability of marine during seismic surveys. The data used no more than short-term and mammals with increasing lateral to acquire the densities were collected inconsequential responses to the distances from the survey trackline from daily monitoring logs where multibeam echosounder and sub-bottom (ƒ[0]). Availability bias is due to the fact species were observed and recorded profiler given their characteristics (e.g., that not all marine mammals are at the when navigating survey tracklines and narrow, downward-directed beam) and surface at all times, and, as such, there transiting to and from the survey area. other considerations described is less than 100 percent probability of The density was calculated based on a previously. Such reactions are not detecting animals along the survey 305 m (1,000 ft) visibility in each ƒ considered to constitute ‘‘taking’’ trackline (0), and it is measured by direction of the observer/vessel by the (NMFS, 2001). Therefore, L–DEO and g(0). distance of tracklines or transits PG&E provide no additional allowance Within Table 3 (Tables 7 and 8 of the conducted during the survey period. for animals that could be affected by IHA application), marine mammal These density data were used as sound sources other than airguns. densities were calculated based on Density estimates are based on the supplemental information based on the available density or survey data. PG&E lack of density models of species within best available peer-reviewed scientific and the NMFS Office of Protected data, specifically, the NMFS online the SERDP. Resources worked with the NMFS marine mammal database (Barlow et al., For harbor porpoise density data Southwest Fisheries Science Center 2009). These data are supplemented c (SWFSC) and Southwest Regional Office indicated with superscripted ‘‘c’’ ( ), with non-published survey data to identify the preferred method of NMFS SWFSC staff worked with NMFS obtained from the proposed project area acquiring density data was the SERDP Office of Protected Resources to during an earlier low-energy 3D survey sponsored by the Department of Defense construct fine-scale density estimates (Padre Associates, Inc., 2011b). The low- (DOD) with mapping provided by OBIS– based on aerial surveys of the central energy 3D seismic surveys were SEAMAP. Within the mapping program coast conducted between 2002 and conducted on 76 days between October density data are available by strata or 2011. NMFS SWFSC provided latitude 24, 2010 and February 5, 2011. The coordinates of density changes for the principal source of density information density models (indicated with a superscripted lower case ‘‘a’’ (a). harbor porpoise were inserted into GIS is the Strategic Environmental Research to delineate the associated polygon and Development Program (SERDP)– For density models, the Geographic Information Systems (GIS) shapefile of within the project survey boxes. The SDSS Marine Animal Model Mapper on corrected density data were extracted the Ocean Biogeographic Information the proposed project area (tracklines [referred to as ‘‘race track’’ in the IHA for the project site within the 160 dB System Spatial Ecological Analysis of ensonified areas of Survey Boxes 2 and Megavertebrate Populations (OBIS– application] with the 160 dB buffer 4. The density data are variable based SEAMAP) Web site (Barlow et al., zone) was uploaded into the program on the location within the project site, 2009), which was recommended by and densities for the ensonified area with the San Luis Bay having the NMFS staff at the Southwest Regional were calculated using available NMFS Office. A second density dataset was data within the uploaded project area. highest density. Because of the variable prepared by Padre Associates, Inc. Density data calculated using this densities used to extract the estimated (2011b) based on marine mammal method was indicated with a number of individuals within the sightings recorded during a seismic superscript ‘‘1’’ (1). All densities project site, the densities within Tables survey conducted between October, calculated using this model were from 7 and 8 of the IHA application are broad 2010 and February, 2011. The Padre summer data (defined as July to categorical densities for their Associates, Inc. dataset is from the December). For density data indicated corresponding survey box. Additionally, southern portion of the proposed survey with a superscript ‘‘2’’ (2), stratum the offshore portion (greater than 92 m area, and contained densities for marine density data was used within the same [301.8 ft]) of the harbor porpoise density mammal species for which data were SERDP marine mammal mapper; is a stock-wide density used in Caretta sparse or absent from the NOAA however, a different layer of the et al. (2009) and also within the data database. mapping program were utilized. The provided by the NMFS SWFSC. An The Padre Associates, Inc. dataset was stratum layer provides limited density additional figure illustrating the fine compiled from a series of daily marine data for the region the species occurs scale densities used to calculate the take mammal monitoring reports, and the within. This density number within the numbers is available in Appendix B of data were not originally collected for the stratum layer is static for the region. the IHA application.

TABLE 3—ESTIMATED DENSITIES OF MARINE MAMMAL SPECIES IN THE PROPOSED SURVEY OFF THE CENTRAL COAST OF CALIFORNIA, NOVEMBER TO DECEMBER, 2012

NOAA density a (#/km2) Padre Associates, Inc. density b (#/km2) Species Box 2 minimum Box 4 minimum maximum mean maximum mean Transit Transect

Mysticetes: North Pacific right whale 2 ...... 0.000061 ...... 0.000061 ...... NA ...... NA. 0.000061 ...... 0.000061 0.000061 ...... 0.000061

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TABLE 3—ESTIMATED DENSITIES OF MARINE MAMMAL SPECIES IN THE PROPOSED SURVEY OFF THE CENTRAL COAST OF CALIFORNIA, NOVEMBER TO DECEMBER, 2012—Continued

NOAA density a (#/km2) Padre Associates, Inc. density b (#/km2) Species Box 2 minimum Box 4 minimum maximum mean maximum mean Transit Transect

Gray whale ...... NA ...... NA ...... 0.0154 ...... 0.0211. NA ...... NA NA ...... NA Humpback whale 1 ...... 0.000088 ...... 0.00117 ...... 0.0028 ...... 0.0065. 0.005781 ...... 0.00635 0.002349 ...... 0.003243 Minke whale 2 ...... 0.000276 ...... 0.000276 ...... 0.0007 ...... 0.0008. 0.000276 ...... 0.000276 0.000276 ...... 0.000276 Sei whale 2 ...... 0.000086 ...... 0.000086 ...... NA ...... NA. 0.000086 ...... 0.000086 0.000086 ...... 0.000086 Fin whale 1 ...... 0.000142 ...... 0.00239 ...... NA ...... NA. 0.01083 ...... 0.0113 0.004385 ...... 0.006177 Blue whale 1 ...... 0.0001 ...... 0.001254 ...... NA ...... NA. 0.006603 ...... 0.006777 0.002652 ...... 0.003579 Odontocetes: Sperm whale 1 ...... 0.000009 ...... 0.000187 ...... NA ...... NA. 0.000723 ...... 0.000768 0.000297 ...... 0.000436 Kogia spp. (Pygmy and dwarf sperm 0.001083 ...... 0.001083 ...... NA ...... NA. whale) 2. 0.001083 ...... 0.001083 0.001083 ...... 0.001083 Baird’s beaked whale 1 ...... 0.000016 ...... 0.000244 ...... NA ...... NA. 0.001148 ...... 0.001148 0.000467 ...... 0.000638 Small (Mesoplodon and Cuvier’s) 0.000042 ...... 0.000813 ...... NA ...... NA. beaked whale 1c. 0.003347 ...... 0.003422 0.001363 ...... 0.001952 Bottlenose dolphin 2 ...... Coastal 4 ...... Coastal 4 ...... NA ...... NA. 0.361173 ...... 0.361173 0.361173 ...... 0.361173 0.361173 ...... 0.361173 Offshore—Winter Offshore—Winter 0.000616 ...... 0.000616 0.000616 ...... 0.000616 0.000616 ...... 0.000616 Striped dolphin 1 ...... 0.000039 ...... 0.000943 ...... NA ...... 0.0081. 0.0033 ...... 0.003448 0.001379 ...... 0.002075 Short-beaked common dolphin 1 ...... 0.01203 ...... 0.1612 ...... 0.0252 ...... 0.0836. 0.8019 ...... 0.8285 0.3252 ...... 0.4443 Long-beaked common dolphin 2 ...... 0.018004 ...... 0.018004 ...... NA ...... NA. 0.018004 ...... 0.018004 0.018004 ...... 0.018004 Pacific white-sided dolphin 1 ...... 0.001027 ...... 0.01856 ...... NA ...... NA. 0.08342 ...... 0.0896 0.03364 ...... 0.04786 Northern right whale dolphin 1 ...... 0.00066 ...... 0.0112 ...... NA ...... NA. 0.0503 ...... 0.05254 0.02038 ...... 0.02867 Risso’s dolphin 1 ...... 0.000672 ...... 0.007767 ...... 0.0063 ...... 0.2881. 0.04279 ...... 0.04545 0.001721 ...... 0.02316 Killer whale 2 ...... Summer ...... Summer ...... Summer NA ...... Summer NA. 0.000709 0.000709 0.000709 ...... 0.000709 0.000709 ...... 0.000709 Winter ...... Winter ...... Winter NA ...... Winter 0.0016. 0.000246 0.000246 0.000246 0.000246 0.000246 0.000246 Short-finned pilot whale 2 ...... 0.000307 ...... 0.000307 ...... NA ...... NA. 0.000307 ...... 0.000307 0.000307 ...... 0.000307

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TABLE 3—ESTIMATED DENSITIES OF MARINE MAMMAL SPECIES IN THE PROPOSED SURVEY OFF THE CENTRAL COAST OF CALIFORNIA, NOVEMBER TO DECEMBER, 2012—Continued

NOAA density a (#/km2) Padre Associates, Inc. density b (#/km2) Species Box 2 minimum Box 4 minimum maximum mean maximum mean Transit Transect

Harbor porpoise 3 ...... Morro Bay Inshore ..... Morro Bay Inshore ..... Morro Bay Inshore Morro Bay Inshore 0.43 ...... 0.43 0.0259. 0.0016 4.17 ...... 1.42 1.83 ...... 1.22 Morro Bay Offshore ... Morro Bay Offshore ... Morro Bay Offshore Morro Bay Offshore 0.062 ...... 0.062 NA. NA 0.062 ...... 0.062 0.062 ...... 0.062 Dall’s porpoise 1 ...... 0.000441 ...... 0.008552 ...... NA ...... 0.0081. 0.03504 ...... 0.0396 0.01433 ...... 0.0209 Pinnipeds: California sea lion ...... NA ...... NA ...... NA ...... NA. NA ...... NA NA ...... NA Steller sea lion ...... NA ...... NA ...... NA ...... NA. NA ...... NA 0.00001 ...... 0.00001 Guadalupe fur seal ...... NA ...... NA ...... NA ...... NA. NA ...... NA 0.00001 ...... 0.00001 Northern fur seal ...... NA ...... NA ...... NA ...... NA. NA ...... NA 0.00001 ...... 0.00001 Northern elephant seal ...... NA ...... NA ...... NA ...... NA. NA ...... NA 0.00001 ...... 0.00001 Pacific harbor seal ...... NA ...... NA ...... 0.0166 ...... 0.0089. NA ...... NA NA ...... NA NA = Not available or not assessed. a Barlow et al. (2009) average density used in calculation. 1 Density data based on density models of survey area in SERDP program. 2 Density data based on stratums within SERDP program. 3 Density data from Caretta et al. (2009). 4 Density data based on stratums within SERDP program with only area ensonified within 1 km from shore calculated. b Padre Associates, Inc. (2011b) (Highest density between transit and track data used). c SERDP Marine Mammal Mapper categorizes small beaked whales as both Mesoplodon and Ziphiidae genera; whereas, the NMFS Stock As- sessment Report has Ziphiidae genera whale as their own species assessment and combines only Mesoplodon species together.

The proposed 3D survey area varies (hereafter called the buffer zone). This distances of the greater than or equal to by survey box (see Table 3 or Table 6 results in a maximum total area as 160 dB (rms) radii result in repeated of the IHA application). The anticipated shown in Table 3 (Table 6 and depicted exposure of the same area of water. area ensonified by the sound levels of on Figures 11 to 12 of the IHA Excessive amounts of repeated exposure greater than or equal to 160 dB (rms), application). The approach for probably results in an overestimate of based on the calculations provided by estimating take by Level B harassment the number of animals ‘‘taken’’ by Level Greeneridge Scientific, Inc., is a 6.21 km (described in more detail below) was B harassment. (3.35 nmi) radius extending from each taken because closely spaced survey point of the survey area perimeter tracklines and large cross-track

TABLE 4—SURVEY AREAS AND SURVEY AREAS WITH 160 dB BUFFER ZONE

Survey area with Survey box Survey area 160 dB buffer zone (km2 [nmi2]) (km2 [nmi2])

2 ...... 406.0 (118.4) 1,272.3 (370.9) 4 ...... 334.5 (97.5) 784.5 (228.7)

L–DEO and PG&E estimated the occasions by considering the total mammals. The number of possible number of different individuals that marine area that would be within the exposures (including repeat exposures may be exposed to airgun sounds with 160 dB radius around the operating of the same individuals) can be received levels greater than or equal to airgun array on at least one occasion estimated by considering the total 160 dB re 1 mPa (rms) on one or more and the expected density of marine marine area that would be within the

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160 dB radius around the operating level, which suggests that there would density of (0.00001/km2) was used for airguns, excluding areas of overlap. not necessarily be a large number of low probability for chance encounters. Some individuals may be exposed new animals entering the area once the The estimate of the number of multiple times since the survey seismic survey started. Additionally, individual cetaceans and pinnipeds that tracklines are spaced close together, separate take estimates were calculated could be exposed to seismic sounds however, it is unlikely that a particular for each survey box, and the two survey with received levels greater than or animal would stay in the area during the boxes do overlap over a relatively large equal to 160 dB re 1 mPa (rms) during entire survey. area. This approach for calculating take the proposed survey is 2,329 and 511, The number of different individuals estimates considers the fact that new respectively (2,606 and 639 with 25% potentially exposed to received levels animals could have moved into the area, contingency) (see Table 14 of the IHA greater than or equal to 160 re 1 mPa which means that it also considers the application). That total (with 25% (rms) was calculated by multiplying: fact that new animals could have moved contingency) includes 83 baleen whales, (1) The expected species density (in into the area in the time between the with estimates of 55 gray, 7 humpback, number/km2), times end of Survey Box 4 seismic operations (2) The anticipated area (in Survey and the beginning of Survey Box 2 13 fin, and 8 blue whales, which should Boxes 2 and 4 separately) to be seismic operations. represent 0.3, 0.3, 0.4, and 0.3% of the ensonified to that level during airgun L–DEO and PG&E’s estimates of affected populations or stocks, operations excluding overlap. exposures to various sound levels respectively. In addition, 3 dwarf/ Areas of overlap within each survey assume that the proposed surveys will pygmy sperm whales, 5 killer whales, box (because of lines being closer be carried out in full (i.e., approximately and 6 beaked whales, (including together than the 160 dB radius) were 10 and 14 days of seismic airgun Cuvier’s, Baird’s, and Mesoplodon combined into one ensonified area operations for Survey Box 4 and Survey beaked whales) could be taken by Level estimate and included only once when Box 2, respectively), however, the B harassment during the proposed estimating the number of individuals ensonified areas calculated using the seismic survey. Most of the cetaceans exposed. However, the full area of each planned number of line-kilometers have potentially taken by Level B harassment of the two survey boxes were separately been increased by 25% to accommodate are delphinids; short-beaked common, used in the take calculations as lines that may need to be repeated, long-beaked common, Pacific white- described below. equipment testing, account for repeat sided, northern right whale, bottlenose, Applying the approach described exposure, etc. As is typical during and Risso’s dolphins, and harbor and above, approximately 1,237 km2 (360.7 offshore ship surveys, inclement Dall’s porpoises are estimated to be the nmi2) for Survey Box 2 and 784.5 km2 weather and equipment malfunctions most common species in the area, with (228.7 nmi2) for Survey Box 4 would be are likely to cause delays and may limit estimates of 953, 47, 100, 60, 40, 50, within the 160 dB isopleth on one or the number of useful line-kilometers of 1,513, and 43, which would represent more occasions during the survey. The seismic operations that can be 0.2, 0.2, 0.4 0.7, 0.1/9.6, 0.8, 74, 0.1% take calculations within a given survey undertaken. of the regional populations or stocks, box do not explicitly add animals to Table 5 (Table 7 and 8 of the IHA respectively. The most common account for the fact that new animals are application) shows the estimates of the pinniped species estimated to be not accounted for in the initial density number of different individual marine potentially taken by Level B harassment snapshot and animals could also mammals anticipated to be exposed to are California sea lions and Pacific approach and enter the area ensonified greater than or equal to 160 dB re 1 mPa harbor seals, with estimates of 597 and above 160 dB; however, studies suggest (rms) during the seismic survey. For the 34, which would represent 0.2 and 0.1% that many marine mammals will avoid species that a density was not reported of the affected populations or stocks, exposing themselves to sounds at this (Barlow et al., 2009), a minimum respectively.

TABLE 5—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO SOUND LEVELS ≥160 dB DURING L–DEO AND PG&E’S PROPOSED SEISMIC SURVEYS OFF THE CENTRAL COAST OF CALIFORNIA DURING NOVEMBER TO DECEMBER, 2012

Requested take authoriza- tion [i.e., estimated number Requested take authoriza- Approximate percentage of of individuals exposed to tion with additional 25% for best population estimate of Species sound levels ≥ 160 dB re 1 Box 2 Box 4 (total for stock (with additional μPa] for Box 2 Box 4 (total Boxes 2 and 4) 25%) 1 for Boxes 2 and 4)

Mysticetes: North Pacific right whale ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Gray whale ...... 27 ...... 0.2 (0.3). 17 ...... 34 (44) ...... 21. (55). Humpback whale ...... 3 ...... 4 ...... 0.3 (0.3). 3 ...... 3. (6) ...... (7). Minke whale ...... 0 ...... 0 ...... 0 (0.0). 0 ...... 0. (0) ...... (0).

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TABLE 5—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO SOUND LEVELS ≥160 dB DURING L–DEO AND PG&E’S PROPOSED SEISMIC SURVEYS OFF THE CENTRAL COAST OF CALIFORNIA DURING NOVEMBER TO DECEMBER, 2012—Continued

Requested take authoriza- tion [i.e., estimated number Requested take authoriza- Approximate percentage of of individuals exposed to tion with additional 25% for best population estimate of Species sound levels ≥ 160 dB re 1 Box 2 Box 4 (total for stock (with additional μPa] for Box 2 Box 4 (total Boxes 2 and 4) 25%) 1 for Boxes 2 and 4)

Fin whale ...... 6 ...... 7 ...... 0.4 (0.4). 5 ...... 6. (11) ...... (13). Sei whale ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Blue whale ...... 3 ...... 4 ...... 0.2 (0.3). 3 ...... 4. (6) ...... (8). Odontocetes: Sperm whale ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Kogia spp. (Pygmy and dwarf sperm whale) ...... 1 ...... 2 ...... 0.3 (0.5)—Pygmy sperm 1 ...... 1. whale (2) ...... (3). NA—Dwarf sperm whale. Baird’s beaked whale ...... 1 ...... 1 ...... 0.2 (0.2). 1 ...... 1. (2) ...... (2). Small beaked whale (Cuvier’s and Mesoplodon 2 ...... 2 ...... 0.2 (0.2)—Cuvier’s beaked beaked whale). 2 ...... 2. whale (4) ...... (4). 0.3 (0.3)—Mesoplodon beaked whale. Bottlenose dolphin ...... 14—Coastal ...... 18—Coastal ...... 0.1 (0.1)—CA/OR/WA 1—Offshore Winter ...... 1 Offshore Winter stock 17—Coastal ...... 21—Coastal 9.6 (12.1)—California 0—Offshore Winter ...... 0—Offshore Winter Coastal stock. (31—Coastal) ...... (39—Coastal) (1—Offshore Winter) ...... (1—Offshore Winter) Striped dolphin ...... 2 ...... 2 ...... <0.1 (<0.1). 2 ...... 2. (4) ...... (4). Short-beaked common dolphin ...... 414 ...... 517 ...... 0.2 (0.2). 349 ...... 436. (763) ...... (953). Long-beaked common dolphin ...... 23 ...... 29 ...... 0.1 (0.2). 14 ...... 18. (37) ...... (47). Pacific white-sided dolphin ...... 43 ...... 53 ...... 0.3 (0.4). 38 ...... 47. (81) ...... (100). Northern right whale dolphin ...... 26 ...... 32 ...... 0.6 (0.7). 22 ...... 28. (48) ...... (60). Risso’s dolphin ...... 22 ...... 27 ...... <0.6 (0.8). 18 ...... 23. (40) ...... (50). Killer whale ...... 2 ...... 1.2 (2.1)—Eastern North 1 ...... Pacific Offshore stock. (3) ...... 0.9 (1.5)—Eastern North 3 Pacific Transient stock. 2. 0.9 (1.4)—West Coast (5). Transient stock.. Short-finned pilot whale ...... 0 ...... 0 ...... 0.0 (0.0). 0 ...... 0. (0) ...... (0). Harbor porpoise ...... 895 ...... 1,119 ...... 59.2 (74). 315 ...... 394. (1,210) ...... (1,513). Dall’s porpoise ...... 18 ...... 23 ...... 0.1 (0.1). 16 ...... 20. (34) ...... (43). Pinnipeds:

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TABLE 5—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO SOUND LEVELS ≥160 dB DURING L–DEO AND PG&E’S PROPOSED SEISMIC SURVEYS OFF THE CENTRAL COAST OF CALIFORNIA DURING NOVEMBER TO DECEMBER, 2012—Continued

Requested take authoriza- tion [i.e., estimated number Requested take authoriza- Approximate percentage of of individuals exposed to tion with additional 25% for best population estimate of Species sound levels ≥ 160 dB re 1 Box 2 Box 4 (total for stock (with additional μPa] for Box 2 Box 4 (total Boxes 2 and 4) 25%) 1 for Boxes 2 and 4)

California sea lion ...... 295 ...... 369 ...... 0.2 (0.2). 182 ...... 228. (477) ...... (597). Steller sea lion ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Guadalupe fur seal ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Northern fur seal ...... 0 ...... 0 ...... 0 (0). 0 ...... 0. (0) ...... (0). Northern elephant seal ...... 0 ...... 0 ...... (0). 0 ...... 0. (0) ...... (0). Pacific harbor seal ...... 21 ...... 26 ...... 0.1 (0.1]). 13 ...... 16. (34) ...... (42). NA = Not available or not assessed. 1 Stock sizes are best populations from NMFS Stock Assessment Reports (see Table 2 in above).

Encouraging and Coordinating negligible impact determination, NMFS avoided through the implementation of Research evaluated factors such as: the power-down and shut-down L–DEO and PG&E will cooperate with (1) The number of anticipated measures; external entities (i.e., agencies, injuries, serious injuries, or mortalities; (3) The Morro Bay Stock of Harbor universities, non-governmental (2) The number, nature, and intensity, Porpoise Monitoring Plan and Stranding organizations) to manage, understand, and duration of Level B harassment (all Response Plan will provide real-time and communicate information about relatively limited); and data (via aerial surveys and beach environmental impacts related to the (3) The context in which the takes monitors) allowing for the early seismic activities provided an occur (i.e., impacts to areas of detection of marine mammal (and acceptable methodology and business significance, impacts to local especially harbor porpoise) behaviors relationship can be agreed upon. PG&E populations, and cumulative impacts that may indicate an increased potential is currently working with a number of when taking into account successive/ for stranding. This information will be agencies and groups to implement contemporaneous actions when added used to modify, in real-time, any aspect monitoring programs to address to baseline data); of the activity that could contribute to potential short-term and long-term (4) The status of stock or species of a marine mammal stranding (e.g., effects on marine resources within the marine mammals (i.e., depleted, not suspension of seismic airgun project area. These study programs depleted, decreasing, increasing, stable, operations) and the additional include: impact relative to the size of the evaluation of the situation that will • Monitoring activities associated population); minimize the likelihood of injury or with the California Department of Fish (5) Impacts on habitat affecting rates death resulting from the proposed and Game Scientific Collection Permit of recruitment/survival; and activity; for Point Buchon Marine Protected (6) The effectiveness of monitoring (4) The Morro Bay stock of Harbor Area; and mitigation measures. Porpoise Monitoring Plan will also use • Nature Conservancy Remotely As described above and based on the a combination of aerial and acoustic Operated Vehicle (ROV) Monitoring following factors, the specified activities data to detect whether moderate to large Program; associated with the marine seismic numbers of harbor porpoises have been • California Collaborative Fisheries survey are not likely to cause PTS, or displaced from their core habitat which Research Program; other non-auditory injury, serious could result in serious energetic impacts injury, or death. The factors include: to individuals if it continued longer Negligible Impact Determination (1) The likelihood that, given than a short time. This information will NMFS has defined ‘‘negligible sufficient notice through relatively slow be used to modify, in real-time, any impact’’ in 50 CFR 216.103 as ‘‘* * * an ship speed, marine mammals are aspect of the activity (e.g., suspension of impact resulting from the specified expected to move away from a noise seismic airgun operations) that could activity that cannot be reasonably source that is annoying prior to its result in impacts of a more serious expected to, and is not reasonably likely becoming potentially injurious; nature (e.g., mortality); to, adversely affect the species or stock (2) The potential for temporary or No injuries, serious injuries, or through effects on annual rates of permanent hearing impairment is mortalities are anticipated to occur as a recruitment or survival.’’ In making a relatively low and would likely be result of the L–DEO and PG&E’s

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planned marine seismic surveys, and reduced the anticipated energetic the monitoring and mitigation is none are proposed to be authorized by impacts within a given year by designed such that if serious impacts of NMFS. Table 5 of this document spreading them over two years. Further, a nature expected to have adverse outlines the number of requested Level the required monitoring plans will effects on reproduction or survival were B harassment takes that are anticipated allow us to assess the degree to which, detected and thought to be occurring to as a result of these activities. Due to the and in part the amount of time, harbor a significant number of individuals, the nature, degree, and context of Level B porpoises may be displaced from their second portion of the survey would (behavioral) harassment anticipated and core habitat (and potentially crowded proceed. Additionally, the seismic described (see ‘‘Potential Effects on into sub-optimal habitat and adjust, in survey will be increasing sound levels Marine Mammals’’ section above) in this real time L–DEO and PG&E’s activity to in the marine environment in a notice, the activity is not expected to minimize the likelihood of population relatively small area surrounding the impact rates of annual recruitment or level effects. Silent periods (i.e., no vessel (compared to the range of the survival for any affected species or active use of airguns) between animals), which is constantly travelling stock, particularly given the NMFS and conducting seismic operations for over distances, and some animals may the applicant’s proposal to implement a Survey Box 4 and Survey Box 2 should only be exposed to and harassed by rigorous mitigation, monitoring, and allow any displaced animals to return to sound for shorter less than day. stranding response plans to minimize optimal habitat for foraging and feeding Of the 36 marine mammal species impacts to the Morro Bay stock of that are necessary for reproduction, under NMFS jurisdiction that are harbor porpoise. nursing, and survivorship; and the known to or likely to occur in the study The proposed seismic operations will required monitoring will allow NMFS to area, eight are listed as threatened or occur throughout a large portion of the detect whether or not this happens and endangered under the ESA: North range of the Morro Bay stock of harbor make a decision about whether PG&E Pacific right, humpback, sei, fin, blue, porpoises (i.e., Point Sur to Point may conduct the second survey (i.e., and sperm whales as well as Steller sea Conception, California), and cover much Survey Box 2) this year. lions and Guadalupe fur seals. These of the core range and optimal habitat for species are also considered depleted For the other marine mammal species this stock for the duration of the seismic under the MMPA. Of these ESA-listed that may occur within the proposed survey. Sighting rates outside of the species, incidental take has been action area, there are no known operational area are much lower, requested to be authorized for designated or important feeding and/or indicating sub-optimal habitat. Studies humpback, fin, blue, and sperm whales. have shown that harbor porpoises are reproductive areas. The gray whale, There is generally insufficient data to sensitive to underwater sound and will which has an annual migration route determine population trends for the move long distances away from a loud along the coastline, has the potential to other depleted species in the study area. sound source; and the Morro Bay stock occur in the action area during the To protect these animals (and other may be forced to move to sub-optimal proposed seismic survey. The marine mammals in the study area), L– habitat at the ends of (North or South), southward migration along the West DEO and PG&E must cease or reduce or outside their normal range for days to Coast of North America from summer airgun operations if animals enter weeks, which may affect foraging feeding areas in the north generally designated zones. No injury, serious success which could in turn have occurs from November/December injury, or mortality is expected to occur energetic impacts that effect through February, while the northward and due to the nature, degree, and reproduction or survival. This is a migration from winter breeding areas in context of the Level B harassment coastal species that is primarily found the south generally occurs from mid- anticipated, the activity is not expected in shallow water within the February through May (with a peak in to impact rates of recruitment or approximate 100 m (328 ft) isobath and March). During the southward survival. does not move offshore as this is not migration, animals do not approach as As mentioned previously, NMFS suitable habitat, and the seismic airgun close to the coastline and the area of the estimates that 25 species of marine operations will ensonify a large area that seismic surveys than they would during mammals under its jurisdiction could be reaches from land to offshore past where the northward migration (especially potentially affected by Level B harbor porpoises are typically found. cows and calves). The proposed end of harassment over the course of the IHA. This small-bodied species has a high the seismic survey is designed to The population estimates for the marine metabolic rate (Spitz et al., 2010) coincide with the approximate start of mammal species that may be taken by requiring regular caloric intake to the peak of the annual southward gray Level B harassment were provided in maintain fitness and health; therefore, whale migration (December 15, 2012), Table 5 of this document. there is a potential for adverse health therefore most of the animals will start NMFS’s practice has been to apply the effects if an animal were forced into an traveling through after the seismic 160 dB re 1 mPa (rms) received level area offering sub-optimal habitat for an operations have concluded. Many threshold for underwater impulse sound extended period of time. animals perform vital functions, such as levels to determine whether take by The November to December, 2012, feeding, resting, traveling, and Level B harassment occurs. Southall et timeframe of the seismic operations will socializing, on a diel cycle (i.e., 24 hr al. (2007) provide a severity scale for avoid the peak of their breeding season cycle). Behavioral reactions to noise ranking observed behavioral responses and after the first few months that are exposure (such as disruption of critical of both free-ranging marine mammals critical to nursing mothers and life functions, displacement, or and laboratory subjects to various types dependent calves. The phased avoidance of important habitat) are of anthropogenic sound (see Table 4 in approach, as suggested by NMFS and more likely to be significant if they last Southall et al. [2007]). agreed to by the applicant, of more than one diel cycle or recur on NMFS has preliminarily determined, conducting seismic operations within subsequent days (Southall et al., 2007). provided that the aforementioned the survey boxes (i.e., Survey Box 4 While seismic operations are mitigation and monitoring measures are first, Survey Box 2 second in 2012) over anticipated to occur on consecutive implemented, that for species other than multiple years (i.e., Survey Box 1 days, they are broken into two sections the Morro Bay stock of harbor porpoise, planned for 2013) has significantly of approximately 10 and 14 days, and the impact of conducting a marine

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seismic survey off the central coast of Endangered Species Act Marine Geophysical Surveys by the R/ California, November to December, Of the species of marine mammals V Marcus G. Langseth for the Central 2012, may result, at worst, in a that may occur in the proposed survey Coastal California Seismic Imaging modification in behavior and/or low- area, several are listed as endangered Project,’’ prepared by Padre Associates, level physiological effects (Level B under the ESA, including the North Inc. on behalf of NSF, L–DEO, and harassment) of certain species of marine Pacific right, humpback, sei, fin, blue, PG&E. The EA analyzes the direct, mammals. and sperm whales. Two pinniped indirect, and cumulative environmental While behavioral modifications, species, the Guadalupe fur seal and impacts of the proposed specified including temporarily vacating the area eastern stock of Steller sea lion are activities on marine mammals including during the operation of the airgun(s), listed as threatened under the ESA. L– those listed as threatened or endangered may be made by these species to avoid DEO and PG&E did not request take of under the ESA. Prior to making a final the resultant acoustic disturbance, the endangered North Pacific right whales decision on the IHA application, NMFS availability of alternate areas within due to the low likelihood of will either prepare an independent EA, these areas for species other than the encountering this species during the or, after review and evaluation of the Morro Bay stock of harbor porpoises and cruise. Under section 7 of the ESA, NSF NSF EA for consistency with the the short and sporadic duration of the has initiated formal consultation with regulations published by the Council of research activities, have led NMFS to the NMFS, Office of Protected Environmental Quality (CEQ) and preliminary determine that the taking by Resources, Endangered Species Act NOAA Administrative Order 216–6, Level B harassment from the specified Interagency Cooperation Division, on Environmental Review Procedures for activity will have a negligible impact on this proposed seismic survey. NMFS’s Implementing the National the affected species in the specified Office of Protected Resources, Permits Environmental Policy Act, adopt the geographic region. Although NMFS and Conservation Division, has initiated NSF EA and make a decision of whether anticipates the potential for more formal consultation under section 7 of or not to issue a Finding of No serious impacts to harbor porpoises, as the ESA with NMFS’s Office of Significant Impact (FONSI). described above, NMFS believes that the Protected Resources, Endangered Proposed Authorization reduced length of the seismic survey Species Act Interagency Cooperation (accomplished through the splitting of Division, to obtain a Biological Opinion NMFS proposes to issue an IHA to the originally planned survey over a two evaluating the effects of issuing the IHA PG&E for conducting a marine seismic year period), the requirement to on threatened and endangered marine survey off the central coast of California, implement mitigation measures (e.g., mammals and, if appropriate, provided the previously mentioned shut-down of seismic operations), and authorizing incidental take. NMFS will mitigation, monitoring, and reporting the inclusion of the comprehensive conclude formal section 7 consultation requirements are incorporated. The monitoring and stranding response prior to making a determination on duration of the IHA would not exceed plans, will reduce the amount and whether or not to issue the IHA. If the one year from the date of its issuance. IHA is issued, NSF and L–DEO and severity of the harassment from the Information Solicited activity to the degree that it will have a PG&E, in addition to the mitigation and negligible impact on the Morro Bay monitoring requirements included in NMFS requests interested persons to stock of harbor porpoise. the IHA, will be required to comply submit comments and information with the Terms and Conditions of the concerning this proposed project and Impact on Availability of Affected Incidental Take Statement NMFS’s preliminary determination of Species or Stock for Taking for corresponding to NMFS’s Biological issuing an IHA (see ADDRESSES). Subsistence Uses Opinion issued to both NSF and Concurrent with the publication of this NMFS’s Office of Protected Resources. notice in the Federal Register, NMFS is Section 101(a)(5)(D) of the MMPA National Environmental Policy Act forwarding copies of this application to also requires NMFS to determine that the Marine Mammal Commission and the authorization will not have an With L–DEO and PG&E’s complete its Committee of Scientific Advisors. unmitigable adverse effect on the application, NSF provided NMFS a draft availability of marine mammal species ‘‘Environmental Assessment Pursuant to Dated: September 13, 2012. or stocks for subsistence use. There are the National Environmental Policy Act, Helen M. Golde, no relevant subsistence uses of marine 42 U.S.C. 4321 et seq. Marine Seismic Acting Director, Office of Protected Resources, mammals in the study area (off the Survey in the Pacific Ocean off Central National Marine Fisheries Service. central coast of California) that California, 2012,’’ which incorporates a [FR Doc. 2012–22999 Filed 9–14–12; 11:15 am] implicate MMPA section 101(a)(5)(D). draft ‘‘Environmental Assessment of BILLING CODE 3510–22–P

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