[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Notices]
[Pages 15785-15786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8705]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032296A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Haro Strait Oceanographic Experiment; Additional Information
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of proposed authorization for a small take exemption;
request for comment.
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SUMMARY: On March 28, 1995, NMFS published a notice of a proposed
authorization for a small take exemption. The notice did not include
information provided in the application that described the mitigation
measures that the applicant planned to undertake to reduce the
incidental harassment of those marine mammals found within the activity
area. That information is herewith provided.
DATES: Comments and information must be received on or before April 29,
1996.
ADDRESSES: Comments on the application should be addressed to Chief,
Marine Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225. A copy of the application and other documents mentioned in the
March 28, 1996, notice may be obtained by writing to this address or by
telephoning one of the contacts listed below.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources at 301-713-2055, or Brent Norberg, Northwest
Regional Office at 206-526-6733.
SUPPLEMENTARY INFORMATION:
For information on the application for an incidental harassment
authorization under section 101(a)(5)(D) of the Marine Mammal
Protection Act and the proposal by NMFS to issue an authorization to
take small numbers of marine mammals by harassment incidental to
conducting a physical oceanography experiment that uses sound to study
the flow field and mixing processes in Haro Strait, Puget Sound, WA,
please refer to the earlier notice (61 FR 13847, March 28, 1996).
Pre-Experiment Mitigation Measures
Mitigation measures that have already been undertaken include: (1)
Developing and incorporating a ramp-up of sound sources A and C over
0.25 sec; (2) incorporating a coded sequence mechanism for shutting off
source D; (3) hardwiring the maximum output of source A down from 185
dB (re 1Pa) to 170 dB @ 1 m. and (4) developing a protocol for
shutting down sources upon the approach of killer whales in order to
use the vertical arrays to record and analyze their sounds.
Mitigation Measures
In order for the experiment to have the least practicable impact on
marine mammals, the applicant has incorporated the following protocols
for mitigation: (1) A scientific oversight review committee consisting
of marine mammal scientists operating in the experimental area; (2)
statistical criteria for determination for review of impacts to harbor
porpoise and killer whales by the oversight committee; and (3)
procedures for emergency shutdown whenever necessary.
Mitigation Measures Established for Harbor Porpoise
There is a risk that the sound sources may displace harbor porpoise
from important habitat on the western side of Haro Strait, Puget Sound,
WA. A shore station on Sidney Island will be used to estimate the
occurrence, abundance and distribution of harbor porpoise in this
habitat. The monitoring plan will provide a baseline data set of
sufficient sample size to detect a large drop in harbor porpoise
abundance.
Sighting data will be collected for the first 4 days of the
experiment. At the end of this period, and daily thereafter, these
sighting data will be analyzed and exposure sightings will be compared
with baseline data. A drop in exposure sightings will trigger a
mitigation review by the oversight committee. If the committee
concludes that there is a likelihood that harbor porpoise will be taken
(through habitat exclusion or by injury), the experiment will be
stopped for 2 or 3 days to allow the ecosystem to recover. After 2 to 3
days, the
[[Page 15786]]
experiment will be allowed to resume for an additional 4 days. If the
observed effects are noted in the next four-day period, the committee
will consider the new data and will again reach a conclusion on the
impact to individual harbor porpoise or on the stock. The committee may
either recommend stopping the experiment permanently or for a 2- to 3-
day period as before.
If the committee concludes that there is no likelihood that harbor
porpoise will be injured, the experiment will be allowed to continue
for 4 more days, with a new collection of sightings data. If abundance
is still significantly below baseline with a confidence level of 99
percent, the committee will again review the data as before. This data
collection, analysis and possible review by the committee will continue
throughout the experiment.
Mitigation Measures Established for Killer Whales
The applicant will monitor killer whale behavior in the area of the
experiment using the Speiden Island shore station, by boat and by
hydrophone. Monitoring, which will begin approximately 25 days prior to
the start of the experiment, will include the travel behavior of the
killer whales as they approach the area of the experiment. Using both
base-line and historical data, a measure of the probability that a
given pod of killer whales will travel through the area will be made.
After the experiment has run for several days, if the applicant
determines that the probability of any given pod of killer whales
passing Turn Point on Stuart Island drops to zero for four approaches
to the 80 percent turn-around point (the location where 80 percent of
the time killer whale pods reverse direction), the scientific committee
will review the data. The committee will review the collected travel
and behavioral data and information from other locations to determine
if there is a likelihood that killer whales will be injured by the
change in behavior caused by the sound sources. If they determine that
injury is likely, the sources will be turned off whenever killer whales
are observed to approach and remain within 1 km of the study area's
zone of responsiveness for killer whales.
If the committee determines that there is no likelihood of injury
to killer whales, the experiment will be allowed to continue for four
additional approaches to the study area. A probability of zero for
these approaches will again trigger the review described above.
Emergency Shut-off Mitigation Measure
If observations are made that (1) one or more marine mammals are
attempting to beach themselves when the sound sources are operating;
and/or (2) either a marine mammal listed as endangered or threatened
under the Endangered Species Act, or a marine mammal for which an
incidental harassment authorization has not been issued, approaches the
sources, the sound sources will be immediately shut off. The protocol
for this mitigation measure is described in detail in the application
and need not be repeated here.
Dead Marine Mammals
Upon notification by a local stranding network that a marine mammal
has been found dead within the waters of the San Juan Archipelago, the
committee will investigate the stranding to determine whether a
reasonable chance exists that the experiment caused the animal's death.
If the committee determines that there is a reasonable chance that the
death was due to the sound sources, the experiment will be stopped
until completion of the necropsy. The necropsy results will be reviewed
by the scientific oversight committee. If that committee determines
that the death was likely due to the sound sources, the experiment will
be turned off and will not resume until the sound sources are altered
in some way to eliminate the potential for future deaths. In addition,
because a section 101(a)(5)(D) authorization, if issued, does not
authorize taking by death, consultation with NMFS will be necessary
before restarting the experiment.
Dated: April 3, 1996.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 96-8705 Filed 4-8-96; 8:45 am]
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