99-5497. Small Takes of Marine Mammals Incidental to Specified Activities; Seismic Hazards Investigation in Southern California  

  • [Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
    [Notices]
    [Pages 10644-10648]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-5497]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    [I.D. 021699A]
    
    
    Small Takes of Marine Mammals Incidental to Specified Activities; 
    Seismic Hazards Investigation in Southern California
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Notice of receipt of application and proposed authorization for 
    a small take exemption; request for comments.
    
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    SUMMARY: NMFS has received a request from the U.S. Geological Survey 
    (USGS) for an authorization to take small numbers of marine mammals by 
    harassment incidental to collecting marine seismic-reflection data 
    offshore from southern California. Under the Marine Mammal Protection 
    Act (MMPA), NMFS is requesting comments on its proposal to authorize 
    the USGS to incidentally take, by harassment, small numbers of marine 
    mammals in the afore mentioned area for a 2-week period between May and 
    July 1999.
    
    DATES: Comments and information must be received no later than April 5, 
    1999.
    
    ADDRESSES: Comments on the application should be addressed to Donna 
    Wieting, Acting Chief, Marine Mammal Division, Office of Protected 
    Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. 
    A copy of the application may be obtained by writing to this address or 
    by telephoning one of the contacts listed here.
    
    FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301) 
    713-2055, or Christina Fahy, NMFS, 562-960-4017.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
    directs the Secretary of Commerce to allow, upon request, the 
    incidental, but not intentional, taking of marine mammals by U.S. 
    citizens who engage in a specified activity (other than commercial 
    fishing) within a specified geographical region if certain findings are 
    made and either regulations are issued or, if the taking is limited to 
    harassment, a notice of a proposed authorization is provided to the 
    public for review.
        Permission may be granted if NMFS finds that the taking will have a
    
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    negligible impact on the species or stock(s) and will not have an 
    unmitigable adverse impact on the availability of the species or 
    stock(s) for subsistence uses and that the permissible methods of 
    taking and requirements pertaining to the monitoring and reporting of 
    such takings are set forth. NMFS has defined ``negligible impact'' in 
    50 CFR 216.103 as `` ...an impact resulting from the specified activity 
    that cannot be reasonably expected to, and is not reasonably likely to, 
    adversely affect the species or stock through effects on annual rates 
    of recruitment or survival.''
        Subsection 101(a)(5)(D) of the MMPA established an expedited 
    process by which citizens of the United States can apply for an 
    authorization to incidentally take small numbers of marine mammals by 
    harassment. The MMPA now defines ``harassment'' as:
    
         ...any act of pursuit, torment, or annoyance which (a) has the 
    potential to injure a marine mammal or marine mammal stock in the 
    wild; or (b) has the potential to disturb a marine mammal or marine 
    mammal stock in the wild by causing disruption of behavioral 
    patterns, including, but not limited to, migration, breathing, 
    nursing, breeding, feeding, or sheltering.
    
        Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
    review of an application followed by a 30-day public notice and comment 
    period on any proposed authorizations for the incidental harassment of 
    small numbers of marine mammals. Within 45 days of the close of the 
    comment period, NMFS must either issue or deny issuance of the 
    authorization.
    
    Summary of Request
    
        On January 15, 1999, NMFS received a request from the USGS for 
    authorization to take small numbers of several species of marine 
    mammals by harassment incidental to collecting marine seismic-
    reflection data offshore from southern California. Seismic data will be 
    collected during a 2-week period between May and July 1999, to support 
    studies of the regional landslide and earthquake hazards and to 
    understand how saltwater invades
        coastal aquifers. A revised request was received on February 11, 
    1999.
    
    Background
    
        The USGS proposes to conduct a high-resolution seismic survey 
    offshore from Southern California, for a 2-week period between May and 
    July 1999. The USGS would like to collect seismic-reflection data to 
    investigate: (1) the hazards posed by landslides and potential 
    earthquake faults in the nearshore region from Santa Barbara to San 
    Diego and (2) the invasion of seawater into freshwater aquifers that 
    are critical to the water supply for people within the Los Angeles-San 
    Pedro area. Both of these tasks are multi-year efforts that require 
    using a small airgun.
        Coastal Southern California is the most highly populated urban area 
    along the U.S. Pacific coast. The primary objective of the USGS 
    research is to provide information to help mitigate the earthquake 
    threat to this area. The USGS emphasizes that the goal is not 
    earthquake prediction but rather an assistance in determining what 
    steps might be taken to minimize the devastation should a large quake 
    occur. The regional earthquake threat is known to be high, and a major 
    earthquake could adversely affect the well being of a large number of 
    people.
        Important geologic information that the USGS will derive from this 
    project's seismic-reflection data concerns how earthquake deformation 
    is distributed offshore, that is, where the active faults are and what 
    the history of movement along them has been. This should improve 
    understanding of the shifting pattern of deformation that occurred over 
    both the long term (approximately the last 100,000 years) and short 
    term (the last few thousand years). The USGS seeks to identify actively 
    deforming structures that may constitute significant earthquake 
    threats. The USGS also proposes to locate offshore landslides that 
    might affect coastal areas. Not only major subsea landslides might 
    affect the footings of coastal buildings, but also very large slides 
    can generate local tsunamis. These large sea waves can be generated by 
    seafloor movement that is produced either by landslides or by 
    earthquakes. Knowing where large slides have occurred offshore will 
    help locate areas susceptible to wave inundation.
        Some faults that have produced earthquakes lie entirely offshore or 
    extend into offshore areas where they can be studied using high-
    resolution seismic-reflection techniques. An example is the Rose Canyon 
    fault, which extends through the San Diego area, and is considered to 
    be the primary earthquake threat. This fault extends northward from La 
    Jolla, beneath the inner continental shelf, and appears again onshore 
    in the Los Angeles area. This fault and others like it near shore could 
    generate moderate (M5-6) to large (M6-7) earthquakes.
        Knowing the location and geometry of fault systems is critical to 
    estimating the location and severity of ground shaking. Therefore the 
    results of this project will contribute to decisions involving land 
    use, hazard zonation, insurance premiums, and building codes.
        The proposed work is in collaboration with scientists at the 
    Southern California Earthquake Center, which analyzes faults and 
    earthquakes in onshore regions, and with scientists at the Scripps 
    Institute of Oceanography, who measure strain (incremental movement) on 
    offshore faults.
        The USGS also wants to collect high-resolution seismic- reflection 
    data to locate the sources and pathways of seawater that intrudes into 
    freshwater aquifers below San Pedro. Ground water usage in the Los 
    Angeles basin began in the mid-1800s. Today, more than 44,000 acre-feet 
    of freshwater each year are extracted from the aquifers that underlie 
    just the city of San Pedro. Extracting freshwater from coastal aquifers 
    causes offshore salt water to flow toward areas of active pumping. To 
    limit this salt-water intrusion, the Water Replenishment District and 
    water purveyors in San Pedro are investing $2.7 million per year to 
    inject freshwater underground to establish a zone of high water 
    pressure in the aquifer. The resulting zone of high pressure will form 
    a barrier between the invasive saltwater and the productive coastal 
    aquifers.
        USGS scientists in San Diego are working with the Los Angeles 
    County Department of Public Works and the Water Replenishment District 
    to develop a ground-water simulation model to predict fluid flow below 
    San Pedro and nearby parts of the Los Angeles Basin. This model will 
    eventually be used in managing water resources. The accuracy of the 
    present model, however, is compromised by a paucity of information 
    about aquifer geometry and about other geologic factors that might 
    affect fluid flow. Data the USGS collects will be used to improve 
    three-dimensional, fluid-flow models to aid management of water 
    resources.
        Fieldwork described here will be the third airgun survey that the 
    USGS has conducted under close supervision by marine-mammal biologists. 
    In March 1998, the USGS used a large (6500 in3; 106 liters) 
    airgun array in and around Puget Sound to study the regional earthquake 
    hazard. The USGS employed 12 biologists, who worked on two ships 
    continuously to oversee airgun operations. On several occasions the 
    USGS shut off the airguns when marine mammals entered safety zones that 
    had been stipulated by NMFS under an Incidental Harassment 
    Authorization (IHA), and, when mammals left these zones, the USGS 
    gradually ramped up the array as required to avoid harming
    
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    wildlife. Marine-mammal biologists reported that, during the survey, no 
    overt distress was evident among the dense marine mammal populations, 
    and, afterward, no unexplained marine mammal strandings occurred.
        In August 1998, the USGS surveyed offshore from Southern 
    California, using a small airgun (40 in3; 655 
    cm3). Two marine mammal biologists oversaw this activity, 
    and the survey the USGS proposes will be conducted with similar 
    oversight.
    
    Experimental Design
    
        Marine studies conducted by the USGS focus on areas where natural 
    hazards have their greatest potential impact on society. In Southern 
    California, USGS studies will concern four areas. The first area in 
    priority is the coastal zone and continental shelf between Los Angeles 
    and San Diego, where much of the hazard appears to be associated with 
    strike-slip faults, such as the Newport-Inglewood and Palos Verdes 
    faults. The second study area lies offshore, in the Santa Monica, San 
    Pedro, and San Diego Trough deeps, where rapid sedimentation has left a 
    more complete record, relative to shallow-water areas, that the USGS 
    can use to decipher earthquake history. The third area is the extension 
    into the Santa Barbara Channel of major elements of onshore geology, 
    including some large faults. The fourth area is the geologic boundary, 
    marked generally by the Channel Islands, between the inner California 
    Borderland (dominated by strike-slip faults) and the Santa Barbara 
    Channel (dominated by compressional faults). The study proposed here 
    focuses on the highest priority area, which lie near shore between Los 
    Angeles and San Diego.
        The seismic-reflection survey will last 14 days. From its 
    experience collecting seismic-reflection data in this general area 
    during 1998, the USGS has decided to conduct the 1999 survey sometime 
    within the May through July window. The basis for this decision is its 
    desire to avoid the gray whale migrations and the peak arrival of other 
    mysticete whales during late summer.
        The USGS has not yet determined the exact tracklines for the 
    survey, but the USGS does know the areas where airgun use will be 
    concentrated. Two of these areas are southwest and southeast of Los 
    Angeles, and the third and largest one is west and northwest of San 
    Diego. In these areas seismic-reflection data will be collected along a 
    grid of lines that are about 2 km (1.2 mi) apart.
        The USGS proposes to use a small airgun and 200-m (656-ft) long 
    streamer to collect seismic-reflection data. The potential effect on 
    marine mammals is from the airgun; mammals cannot become entangled in 
    the streamer. The USGS will also use a low-powered, high-resolution 
    seismic system to obtain detailed information about the very shallow 
    geology. The seismic- reflection system will be aboard a vessel owned 
    by a private contractor. Ocean-bottom seismometers will be deployed to 
    measure the velocity of sound in shallow rocks to help unravel the 
    recent history of fault motion. These seismometers are passive 
    recorders and pose no threat to the environment.
        Ship navigation will be accomplished using satellites of the Global 
    Positioning System. The survey ship will be able to report accurate 
    positions, which is important to mitigating the airgun's effect on 
    marine mammals and to analyzing what impact, if any, airgun operations 
    had on the environment.
    
    The Seismic Sound Sources
    
        During this survey the USGS will operate two sound sources--an 
    airgun and a high-resolution Huntec(TM) system. The main 
    sound source will be a single small airgun of special type called a 
    generator-injector, or GI-gun (trademark of Seismic Systems, Inc., 
    Houston, TX). This type of airgun consists of two small airguns within 
    a single steel body. The two small airguns are fired sequentially, with 
    the precise timing required to stifle the bubble oscillations that 
    typify sound pulses from a single airgun of common type. These 
    oscillations impede detailed analysis of fault and aquifer structure. 
    For arrays consisting of many airguns, bubble oscillations are 
    cancelled by careful selection of airgun sizes. The GI-gun is a mini-
    array that is carefully adjusted to achieve the desired bubble 
    cancellation. Airguns and GI-guns with similar chamber sizes have 
    similar peak output pressures.
        The GI-gun for this survey has two equal-sized chambers of 35 
    in3 (57 mm3), and the gun will be fired every 12 
    seconds. Compressed air delivered to the GI-gun will have a pressure of 
    about 3000 psi. The gun will be towed 12 meters (39.4 ft) behind the 
    vessel and suspended from a float to maintain a depth of about 1 m (3.3 
    ft).
        The manufacturer's literature indicates that a GI-gun of the size 
    the USGS will use has a sound-pressure level (SPL) of about 220 dB re 1 
    Pa-m. In comparison, a 40-in3 (65 mm3) 
    airgun has an SPL of 216 dB re 1 Pa-m (Richardson et al., 
    1995). The GI-gun's output sound pulse has a duration of about 10 ms. 
    The amplitude spectrum of this pulse, as shown by the manufacturer's 
    data, indicates that most of the sound energy is at frequencies below 
    500 Hz. Field measurements by USGS personnel indicate that the GI-gun's 
    output is low amplitudes at frequencies above 500 Hz. Thus high-
    amplitude sound from this source is at frequencies that are outside the 
    main hearing band of odontocetes and pinnipeds (Richardson et al., 
    1995).
        The high-resolution Huntec(TM) system uses an 
    electrically powered sound source. In operation, the sound producing 
    and recording hardware are towed behind the ship near the seabottom. 
    The unit emits sound about every 0.5 sec. This system provides highly 
    detailed information about stratified sediment, so that dates obtained 
    from fossils in sediment samples can be correlated with episodes of 
    fault offset. The SPL for this unit is 210 dB re 1 Pa-m. The 
    output-sound bandwidth is 0.5 kHz to 8 kHz, with the main peak at 4.5 
    kHz.
    
    The Need for 24-hour Seismic Operations
    
        Operating less than 24 hours each day incurs substantially 
    increased cost for the leased ship, which the USGS cannot afford. The 
    ship schedule provides a narrow time window for this project; other 
    experiments are already scheduled to precede and follow this one. Thus, 
    the USGS is not able arbitrarily to extend the survey time to include 
    large delays for dark or poor visibility. Reasons for around-the-clock 
    operation that benefit the environment are (1) when the airgun ceases 
    to operate, marine mammals might move back into the survey area and 
    incur an increased potential for harm when operations resume and (2) 
    daylight-only operations prolong activities in a given area, thus 
    increasing the likelihood that marine mammals will be harassed. The 
    1999 survey will require only 2 weeks, and it will be spread out 
    geographically from Los Angeles to San Diego, so no single area will 
    see long-term activity. In the view of the USGS, the best course is to 
    complete the experiment as expeditiously as possible. For these 
    reasons, the USGS requests that the IHA allow 24-hour operations.
    
    Description of Habitat and Marine Mammals Affected by the Activity
    
        The Southern California Bight supports a diverse assemblage of 29 
    species of cetaceans (whales, dolphins and porpoises) and 6 species of 
    pinnipeds (seals and sea lions). The species of marine mammals that are 
    likely to be present in the seismic research area include the 
    bottlenose dolphin (Tursiops truncatus), common dolphin (Delphinus 
    delphis), killer
    
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    whale (Orcinus orca), Pacific white-sided dolphin (Lagenorhynchus 
    obliquidens), northern right whale dolphin (Lissodelphis borealis), 
    Risso's dolphin (Grampus griseus), pilot whales (Globicephala 
    macrorhynchus), Dall's porpoise (Phocoenoides dalli), sperm whale, 
    humpback whale (Megaptera novaengliae), gray whale (Eschrichtius 
    robustus), blue whale, minke whale (Balaenoptera acutorostrata), fin 
    whales (Balaenoptera physalus), harbor seal (Phoca vitulina), elephant 
    seal (Mirounga angustirostris), northern sea lion (Eumetopias jubatus), 
    and California sea lion (Zalophus californianus), northern fur seal 
    (Callorhinus ursinus) and sea otters (Enhydra lutris). General 
    information on these latter species can be found in the USGS 
    application and in Barlow et al. (1997). Please refer to those 
    documents for information on the biology, distribution, and abundance 
    of these species.
    
    Potential Effects of Seismic Surveys on Marine Mammals
    
    Discussion
    
        Seismic surveys are used to obtain data about rock formations up to 
    several thousands of feet deep. These surveys are accomplished by 
    transmitting sound waves into the earth, which are reflected off 
    subsurface formations and recorded with detectors in the water column. 
    A typical marine seismic source is an airgun array, which releases 
    compressed air into the water creating an acoustical energy pulse that 
    is directed downward toward the seabed. Hydrophones spaced along a 
    streamer cable just below the surface of the water receive the 
    reflected energy from the subsurface formations and transmit data to 
    the seismic vessel. Onboard the vessel, the signals are amplified, 
    digitized, and recorded on magnetic tape.
        Disturbance by seismic noise is the principal means of taking by 
    this activity. Vessel noise may provide a secondary source. Also, the 
    physical presence of vessel(s) could also lead to some non-acoustic 
    effects involving visual or other cues.
        Depending upon ambient conditions and the sensitivity of the 
    receptor, underwater sounds produced by open-water seismic operations 
    may be detectable some distance away from the activity. Any sound that 
    is detectable is (at least in theory) capable of eliciting a 
    disturbance reaction by a marine mammal or of masking a signal of 
    comparable frequency. An incidental harassment take is presumed to 
    occur when marine mammals in the vicinity of the seismic source (or 
    vessel) react to the generated sounds or to visual cues.
        Seismic pulses are known to cause some species of whales, including 
    gray whales, to behaviorally respond within a distance of several 
    kilometers (Richardson et al., 1995). Although some limited masking of 
    low-frequency sounds is a possibility for those species of whales using 
    low frequencies for communication, the intermittent nature of seismic 
    source pulses will limit the extent of masking. Bowhead whales, for 
    example, are known to continue calling in the presence of seismic 
    survey sounds, and their calls can be heard between seismic pulses 
    (Richardson et al., 1986).
        When the received levels of noise exceed some behavioral reaction 
    threshold, cetaceans will show disturbance reactions. The levels, 
    frequencies, and types of noise that will elicit a response vary 
    between and within species, individuals, locations and seasons. 
    Behavioral changes may be subtle alterations in surface-dive-
    respiration cycles. More conspicuous responses include changes in 
    activity or aerial displays, movement away from the sound source, or 
    complete avoidance of the area. The reaction threshold and degree of 
    response are related to the activity of the animal at the time of the 
    disturbance. Whales engaged in active behaviors, such as feeding, 
    socializing, or mating are less likely than resting animals to show 
    overt behavioral reactions, unless the disturbance is directly 
    threatening.
        Hearing damage is not expected to occur during the project. While 
    it is not known whether a marine mammal very close to the airgun would 
    be at risk of permanent hearing impairment, temporary threshold shift 
    is a theoretical possibility for animals very close to the airgun. 
    However, planned monitoring and mitigation measures (described later in 
    this document) are designed to detect marine mammals occurring near the 
    seismic source(s) and to avoid, to the greatest extent practicable, 
    exposing them to sound pulses that have any possibility of causing 
    hearing damage.
    
    Maximum Sound-Exposure Levels for Marine Mammals
    
        At this time, the USGS lacks detailed measurement of sound-
    transmission loss for the southern California offshore, so the USGS 
    estimated how SPL varies with distance from the airgun by assuming that 
    sound decays according to 25log(R). The coefficient 25 accounts 
    approximately for the attenuation that is caused by the sound 
    interacting with the seabottom. The USGS used this procedure to derive 
    safety zone estimates based on the 220 dB SPL produced by the GI-gun, 
    the larger of the two sound sources the USGS plans to use.
        Loud continuous sounds can damage the hearing of marine mammals. 
    However, the adverse effects of sound on mammals have been documented 
    for exposure times that last for tens of seconds or minutes, but 
    effects have not been documented for the brief pulses typical of the 
    GI-gun (10 ms) and the Huntec(TM) system (0.3 ms). NMFS 
    considers that the maximum SPLs to which marine mammals can be exposed 
    from impulse sounds are 180 dB re 1 Pa-m RMS for mysticetes 
    and sperm whales, and 190 dB re 1 Pa-m RMS for odontocetes and 
    pinnipeds.
        Assuming that the 25LogR decay that the USGS used to estimate safe 
    distances from the airgun is correct, this indicates that an SPL of 190 
    dB re 1 Pa-m is attained about 16 m (52.5 ft) away from the 
    airgun, and an SPL of 180 dB re 1 Pa-m is attained at about 40 
    m (131 ft) away. However, for precautionary reasons during field 
    operations, the USGS proposes that, at all times, the safe distance for 
    odontocetes and pinnipeds be 50 m (164 ft) and for mysticetes, 100 m 
    (328 ft).
    
    Estimated Number of Potential Harassments of Marine Mammals
    
        The zone of influence for the GI-gun is defined to be the circle 
    whose radius is the distance from the gun where the SPL reduces to 160 
    dB re 1 Pa-m. For the assumed 25LogR, the zone of influence is 
    a circle with a radius of 250 m (820 ft). Based on estimated marine 
    mammal populations within the survey area and on the number of 
    individuals that were observed during the 1998 survey, the USGS 
    estimates that up to 5 killer whales, 10 minke whales, 10 sea otters, 
    50 northern sea lions, 100 northern fur seals, 100 northern elephant 
    seals, 100 Dall's porpoise, 100 Risso's dolphins, 100 northern right-
    whale dolphins, 100 Pacific white-sided dolphins, 100 bottlenosed 
    dolphins, 200 California sea lions, 200 Pacific harbor seals, and 6,000 
    common dolphins may be harassed incidental to the USGS survey. No 
    marine mammals will be seriously injured or killed as a result of the 
    survey.
    
    Proposed Mitigation of Potential Environmental Impact
    
        To avoid potential harassment of marine mammals, a safety zone will 
    be established and monitored continuously by biologists, and the USGS 
    will shut off the airguns whenever the ship and a marine mammal 
    converge closer than
    
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    the previously mentioned safety distance. For pinnipeds, if the seismic 
    vessel approaches a pinniped, the 50 m (164 ft) safety radius will be 
    maintained; however, if a pinniped approaches the towed airgun, NMFS 
    proposes that it will not require the USGS to shutdown the airgun, but 
    will require the USGS to monitor the interaction to ensure the animal 
    does not show signs of distress. Experience indicates that pinnipeds 
    will come from great distances to inspect seismic operations. Seals 
    have been observed swimming within airgun bubbles, 10 m (33 ft) away 
    from active arrays, apparently unaffected. Although airgun oprations 
    will be terminated if the pinnipeds show obvious distress, the USGS 
    will conduct observations on effects the airguns may have on the 
    animals.
        The USGS plans to have marine biologists aboard the ship who will 
    have the authority to stop airgun operations when a mammal enters the 
    safety zone.
        During seismic-reflection surveying, the ship's speed will only be 
    4 to 5 knots, so that when the airgun is being discharged, nearby 
    marine mammals will have gradual warning of the vessel's approach and 
    can move away. Finally, NMFS will coordinate with the local stranding 
    network to determine whether strandings can be related to the seismic 
    operation.
    
    Monitoring and Reporting
    
        Biologists who oversaw the previous USGS airgun surveys were 
    affiliated with the Cascadia Research Collective in Olympia, 
    Washington. Because of their experience with the operations, the USGS 
    prefer to employ these scientists again, but this preference is subject 
    to contracting arrangements.
        Monitoring marine mammals while the airguns are active will be 
    conducted 24 hours each day. Two trained marine mammal observers will 
    be aboard the seismic vessel to mitigate the potential environmental 
    impact from airgun use and to gather data on the species, number, and 
    reaction of marine mammals to the airgun. Each observer will work 6 
    hours during daylight and 6 hours at night. During daylight, observers 
    will use 7x50 binoculars with internal compasses and reticules to 
    record the horizontal and vertical angle to sighted mammals. Night-time 
    operations will be conducted with a commercial hand-held light 
    magnification scope. Monitoring data to be recorded during airgun 
    operations include the observer on duty, weather conditions (such as 
    Beaufort sea state, wind speed, cloud cover, swell height, 
    precipitation, and visibility). For each mammal sighting, the observer 
    will record the time, bearing and reticule readings, species, group 
    size, and the animal's surface behavior and orientation. Observers will 
    instruct geologists to shut off the airgun array whenever a marine 
    mammal enters its respective safety zone.
    
    Possible Modifications or Alternatives to the Proposed Survey
    
        The instructions for this permit request stipulate that the USGS 
    consider alternatives to the proposed experiment. Options to change the 
    activity are limited, but the USGS might conduct it in some other way, 
    such as with a low-powered source or in a different season.
        To abandon this study altogether is a poor option. In the 
    introductory section of this application, the USGS described the 
    societal relevance of this project and the benefits to scientists in 
    understanding the regional earthquake hazard and to city planners in 
    establishing building codes. Another facet of this study is 
    understanding coastal aquifers and knowing how to stem the intrusion of 
    salt water into them. If the project were canceled, such information 
    would be unavailable.
        The source strength might be reduced to limit the environmental 
    impact. However, the proposed airgun size is already small, and the 
    problem with this option is that the USGS cannot significantly reduce 
    the source strength without jeopardizing the success of this survey. 
    This judgment is based on USGS decades-long experience with seismic-
    reflection surveys, but especially on the 1998 survey that was 
    conducted in the same general area as outlined here. If the USGS were 
    to reduce the airgun size and then fail to obtain the required 
    information, another survey would need to be conducted, and this would 
    double the potential impact on marine mammals.
        This project could be carried out at some other time of year, and 
    the USGS is open to suggestions. In this pursuit, the USGS talked with 
    biologists to find out the best time for the project to be conducted. 
    The USGS wants to avoid the gray whale migrations and the mid-summer 
    arrival of other mysticete species because, while these other species 
    remain mostly in the area of the Channel Islands, some individuals 
    venture closer to the mainland. An important point is that biologists 
    can best prevent harm to mammals when daylight is long, that is, near 
    the solstice.
    
    Consultation
    
        Under section 7 of the Endangered Species Act, NMFS has begun 
    consultation on the proposed issuance of an IHA. Consultation will be 
    concluded upon completion of the comment period and consideration of 
    those comments in the final determination on issuance of an 
    authorization.
    
    Conclusions
    
        NMFS has preliminarily determined that the short-term impact of 
    conducting marine seismic-reflection data in offshore southern 
    California will result, at worst, in a temporary modification in 
    behavior by certain species of pinnipeds and cetaceans. While 
    behavioral modifications may be made by certain species of marine 
    mammals to avoid the resultant noise from the seismic airgun, this 
    behavioral change is expected to have a negligible impact on the 
    animals.
        In addition, no take by injury and/or death is anticipated, and 
    takes will be at the lowest level practicable due to the incorporation 
    of the mitigation measures previously mentioned. No known rookeries, 
    mating grounds, areas of concentrated feeding, or other areas of 
    special significance for marine mammals occur within or near the 
    planned area of operations during the season of operations.
    
    Proposed Authorization
    
        NMFS proposes to issue an IHA to the USGS for the possible 
    harassment of small numbers of several species of marine mammals 
    incidental to collecting marine seismic-reflection data offshore from 
    southern California, provided the above-mentioned mitigation, 
    monitoring, and reporting requirements are incorporated. NMFS has 
    preliminarily determined that the proposed activities would result in 
    the harassment of only small numbers of each of several species of 
    marine mammals and will have no more than a negligible impact on these 
    marine mammal stocks.
    
    Information Solicited
    
        NMFS requests interested persons to submit comments, information, 
    and suggestions concerning this request (see ADDRESSES).
    
        Dated: March 1, 1999.
    P. Michael Payne,
    Acting Deputy Director, Office of Protected Resources, National Marine 
    Fisheries Service.
    [FR Doc. 99-5497 Filed 3-4-99; 8:45 am]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Published:
03/05/1999
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Notice
Action:
Notice of receipt of application and proposed authorization for a small take exemption; request for comments.
Document Number:
99-5497
Dates:
Comments and information must be received no later than April 5, 1999.
Pages:
10644-10648 (5 pages)
Docket Numbers:
I.D. 021699A
PDF File:
99-5497.pdf