[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Notices]
[Pages 48817-48820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 080697A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Seismic Hazards Investigations in Puget Sound

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 deep-crustal marine seismic data in 
the Puget Sound/Straits of Juan de Fuca region of Washington State. 
Under the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to authorize USGS to incidentally take, by 
harassment, small numbers of marine mammals in the above mentioned area 
during late February or March 1998.

DATES: Comments and information must be received no later than October 
17, 1997.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Marine Mammal Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. A copy of 
the application, and a draft environmental assessment (EA), which 
includes a list of references used in this document, may be obtained by 
writing to this address or by telephoning one of the contacts listed 
below.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, or Brent Norberg, Northwest 
Regional Office, NMFS, (206) 526-6733.

[[Page 48818]]

SUPPLEMENTARY INFORMATION:

Background

    Section 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, 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 
negligible impact on the species or stock(s), will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses, and the permissible methods of taking 
and requirements pertaining to the monitoring and reporting of such 
taking 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.''
    New section 101(a)(5)(D) of the Marine Mammal Protection Act 
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.

    New 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 July 2, 1997, NMFS received an application from the USGS, on 
behalf of the Seismic Hazards Investigations in Puget Sound (SHIPS) 
project, requesting an authorization for the possible harassment of 
small numbers of several species of marine mammals incidental to 
conducting marine seismic surveys in Puget Sound, WA. The survey is to 
collect data on the earthquake hazards of the Puget Sound area. 
Geological features around the Puget Sound that might produce 
earthquakes lie obscured beneath water, city, forest, and thick glacial 
deposits. As a result, investigators must use sound waves that are 
produced by an array of airguns to indirectly view these features. 
Because seismic noise from the proposed survey's airguns could 
potentially affect marine mammals due to disturbance by sound (i.e., 
acoustic harassment), an incidental harassment authorization under the 
MMPA is warranted.
    The main goals of the SHIPS project concern understanding 
earthquake processes and mitigating a potential disaster, not 
earthquake prediction. Geologists have clear evidence for past 
earthquakes, but basic geological information about earthquake 
processes is lacking. To close this critical information gap, the SHIPS 
consortium will collect seismic reflection and seismic refraction data 
in and near Puget Sound. Seismic reflection data will help locate 
potential earthquake faults, and seismic refraction data will show the 
speed of sound waves in deep rocks. These data together will reveal the 
structure and physical properties of rocks where earthquakes are likely 
to occur. Information from onshore seismometers will reveal where deep 
rocks could focus earthquake waves at the surface and where surface 
sediment is weak.
    Where these conditions of focusing and sediment weakness overlap, 
buildings and other infrastructure are at elevated risk of damage or 
destruction during a major earthquake. SHIPS will provide information 
needed to make maps, for city planners, to show areas of potentially 
strong ground motion so that scarce funds for seismic retrofitting can 
be allocated on a rational basis. Prime candidates for retrofitting are 
schools and hospitals. Freeway interchanges and major bridges as well 
as structures housing police and firefighters must withstand 
earthquakes so that survivors receive prompt assistance.
    Dependent upon ship scheduling, the seismic survey is expected to 
take approximately two weeks sometime during late February and March 
1998. A detailed description of the work planned is contained in the 
application (USGS 1997) and the draft EA. These documents are available 
upon request (see ADDRESSES). Description of Habitat and Marine Mammals 
Affected by the Activity
    A description of the Puget Sound ecosystem and its associated 
marine mammals can be found in the USGS application and associated 
draft EA.

Marine Mammals

    The species of marine mammals that are likely to be present in 
Puget Sound and Straits of Juan de Fuca include the harbor porpoise 
(Phocoena phocoena), killer whale (Orcinus orca), Dall's porpoise 
(Phocoenoides dalli), and harbor seal (Phoca vitulina). Additional 
species that are rare or only occasionally seen in the area at the time 
of the survey include: Minke whale (Balaenoptera acutorostrata), 
elephant seal (Mirounga angustirostris) Pacific white-sided dolphin 
(Lagenorhynchus obliquidens), northern sea lion (Eumetopias jubatus), 
California sea lion (Zalophus californianus), humpback whale (Megaptera 
novaengliae), and gray whale (Eschrichtius robustus). General 
information on these latter species can be found in Barlow et al. 
(1995). Information relevant to the distribution, abundance, and 
behavior of those species most likely to be impacted by the experiment 
in Puget Sound and the Straits of Juan de Fuca is provided in the 
application and draft EA. 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

    Deep seismic surveys are used to obtain data about rock formations 
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 downwards 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,

[[Page 48819]]

underwater sounds produced by open-water seismic operations may be 
detectable some substantial 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 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 visual cues.
    Seismic pulses are known to cause some species of whales, including 
gray and bowhead 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 season. 
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 an airgun array 
would be at risk of temporary or permanent hearing impairment, 
temporary threshold shift (TTS) is a theoretical possibility for 
animals within a few hundred meters (Richardson et al. 1995). However, 
planned monitoring and mitigation measures (described below) are 
designed to detect marine mammals occurring near the seismic array and 
to avoid, to the greatest extent practicable, exposing them to sound 
pulses that have any possibility of causing hearing damage.

Estimates of Harassment Take Levels

    Based upon analyses provided in the application and draft EA, the 
USGS estimates that the number of potential harassment takings 
resulting from the 1998 Puget Sound marine seismic survey will be as 
follows:

                                                                        
                                                                        
Harbor porpoise...........................  1,000.                      
Killer whale..............................  40.                         
Dall's porpoise...........................  1,000.                      
Harbor seals..............................  4,500 in Puget Sound, 1,200 
                                             in Hood Canal, 5,000 in the
                                             Strait of Juan de Fuca.    
California sea lions......................  2,000.                      
Northern sea lions........................  0.                          
Elephant seals:...........................  <100.                       
Pacific white-sided dolphin...............  <100.                       
Minke whale...............................  10.                         
Humpback whale............................  <ls-thn-eq> 50.             
Gray whale................................  20.                         
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Potential Effect on Habitat

    As described in detail in the draft EA, no impact on the habitat or 
food sources of marine mammals are likely from this short-term marine 
seismic survey.

Mitigation

    Several mitigation measures to reduce the potential for marine 
mammal harassment will be implemented by USGS as part of their proposed 
activity. These include:
    (1) Scheduling the survey for the period of February/March, when 
marine mammal abundance in Puget Sound/Straits of Juan de Fuca is low;
    (2) To avoid potential Level A harassment of, or injury to, marine 
mammals, safety zones will be established and monitored continuously 
(during daylight hours). Whenever the seismic vessel approaches a 
marine mammal closer than the distance mentioned below and described in 
more detail in both the application and the draft EA, the USGS would 
shut off airguns.
    (3) For gray, minke, and humpback whales, the marine mammal species 
that are considered to be most sensitive to the frequency and intensity 
of sound that will be emitted by the airgun array, airgun operations 
will cease when members of these species approach within 500 m (1,640 
ft) of the seismic vessel.
    (4) For odontocetes, with their lower sensitivity to low frequency 
sound, airgun operations will cease when these animals approach a 
safety zone of 200 m (656 ft), twice the calculated radius for 
preventing TTS.
    (5) For pinnipeds (seals and sealions), if the SHIPS seismic vessel 
approaches a pinniped, a safety radius of 100 m (328 ft) will be 
maintained from the animal(s). However, if a pinniped approaches the 
towed airgun array, the USGS will not be required to shutdown the 
airguns. Experience indicates that pinnipeds will come from great 
distances to scrutinize seismic operations. Seals have been observed 
swimming within airgun bubbles, 10 m (33 ft) away from active arrays 
and, more recently, Canadian scientists, who were using a high-
frequency seismic system that produced sound closer to pinniped hearing 
than will the USGS airgun array, describe how seals frequently 
approached close to the seismic source, presumably out of curiosity. 
Therefore, because the seismic survey could be severely hampered by 
delays, because turning across marine traffic lanes to resume work 
after a shutdown will be risky and costly, and because pinnipeds 
indicate no reaction to seismic noise, the above-mentioned mitigation 
plan has been proposed. Instead, the USGS will gather information on 
how often pinnipeds approach the airgun array on their own volition, 
and what effect the airguns appear to have on them.
    (6) To ensure no marine mammals are inadvertently harmed, when data 
collection first begins, or resumes, after operations have ceased, the 
airguns will be turned on sequentially at a rate no greater than 6 dB/
minute, so that peak power is achieved gradually to give marine mammals 
a chance to move away from the source.
    (7) During seismic survey operations, the ship's speed will be 4 to 
5 knots so that when the airguns are being discharged, nearby marine 
mammals will have gradual warning of the ship's approach and can move 
away.
    (8) The USGS plans to have marine biologists onboard the seismic 
vessel who will have the authority to stop airgun operations when a 
mammal enters the safety zone. These observers will monitor the safety 
zone to ensure no marine mammals enter the zone, and record 
observations on marine mammal abundance and behavior.
    (9) Emergency shut-down. If observations are made that one or more 
marine mammals of any species are attempting to beach themselves when 
the seismic source is operating in the vicinity of the beaching, the 
airgun array will be immediately shut off and NMFS contacted.
    (10) Upon notification by a local stranding network that a marine 
mammal has been found dead within the waters of Puget Sound, the San 
Juan Archipelago, or the Straits of Juan de Fuca when the array is 
operating within

[[Page 48820]]

that body of water, NMFS will investigate the stranding to determine 
whether a reasonable chance exists that the SHIPS project caused the 
animal's death. If NMFS determines, based upon a necropsy of the 
animal(s), that the death was likely due to the seismic source, the 
survey must cease until procedures are altered to eliminate the 
potential for future deaths.

Monitoring

    The objectives of the proposed monitoring program will be: To 
mitigate potential harassment of marine mammals, to document the number 
of animals of each species present in the vicinity of the sound 
transmissions, and to evaluate the reactions of marine mammals to these 
transmissions. In addition, hydrophones will be used to measure sound 
levels, to correlate mammal behavior with actual, received sound 
levels. Focused surveys will be conducted in geographic areas of 
particular concern, especially for gray whales that migrate past the 
western entrance to the Straits of Juan de Fuca and other members of 
this species that spend the summer in the survey area (near south 
Whidbey Island and the Straits of Juan de Fuca), humpback whales near 
Swiftsure Bank and the waters west of the Straits, harbor porpoise that 
tend to congregate along western Whidbey Island and elsewhere, and 
minke whales that frequent shallow banks in the Strait of Juan de Fuca. 
All species of large whales (humpback, gray, minke, or killer whales) 
will be photographed to identify the individual using the area.
    It should be recognized that, at this time, the monitoring program 
is unfunded and therefore may need to be modified in the future. 
However, in order for an IHA to be issued, monitoring will need to be 
conducted at a level which ensures that the activity will have no more 
than a negligible impact on marine mammal species or stocks.

Reporting

    The USGS will provide an initial report to NMFS within 90 days of 
the completion of the 1998 phase of the marine seismic project. This 
report will provide dates and locations of seismic operations, details 
of marine mammal sightings, and estimates of the amount and nature of 
all takes by harassment. A final technical report will be provided by 
USGS within 1 year of completion of the 1998 phase of the Puget Sound 
marine seismic project. The final technical report will contain a 
description of the methods, results, and interpretation of all 
monitoring tasks.

Consultation

    Under section 7 of the Endangered Species Act, NMFS has begun 
consultation on the proposed issuance of an incidental harassment 
authorization. Consultation will be concluded upon completion of the 
comment period and consideration of those comments in the final 
determination on issuance of an authorization.

National Environmental Policy Act

    In conjunction with this notice, NMFS has released a draft EA that 
addresses the impacts on the human environment from issuance of the 
authorization and the alternatives to the proposed action. A copy of 
the draft EA is available upon request (see ADDRESSES).

Conclusions

    NMFS has preliminarily determined that the short-term impact of 
conducting deep crustal marine seismic surveys will result, at worst, 
in a temporary modification in behavior by certain species of 
pinnipeds, and possibly some individual cetaceans. While behavioral 
modifications may be made by certain species of marine mammals to avoid 
the resultant noise from airgun arrays, 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 incorporation of 
the mitigation measures mentioned above. 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 incidental harassment authorization to 
the USGS for the possible harassment of small numbers of several 
species of marine mammals incidental to collecting deep-crustal marine 
seismic data in the Puget Sound/Straits of Juan de Fuca region of 
Washington State, 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: September 11, 1997.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 97-24674 Filed 9-16-97; 8:45 am]
BILLING CODE 3510-22-P