[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14913-14940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD830


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Seismic Surveys in Cook Inlet, 
Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received a request from SAExploration Inc. (SAE) for 
authorization to take marine mammals incidental to a proposed oil and 
gas exploration seismic survey program in Cook Inlet, Alaska between 
April 1, 2015 and December 31, 2015. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is requesting comments on its proposal to 
issue an incidental harassment authorization (IHA) to SAE to 
incidentally take marine mammals, by Level B harassment only, during 
the specified activity.

DATES: Comments and information must be received no later than April 
20, 2015.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Supervisor, Incidental Take Program, Permits and Conservation

[[Page 14914]]

Division, Office of Protected Resources, National Marine Fisheries 
Service. Physical comments should be sent to 1315 East-West Highway, 
Silver Spring, MD 20910 and electronic comments should be sent to 
<a href="/cdn-cgi/l/email-protection#28415c580651475d464f6846474949064f475e"><span class="__cf_email__" data-cfemail="640d10144a1d0b110a03240a0b05054a030b12">[email protected]</span></a>.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Sara Young, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the application and supporting documents, as 
well as a list of the references cited in this document, may be 
obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental.htm. In case of problems accessing these documents, please 
call the contact listed above (see FOR FURTHER INFORMATION CONTACT). 
The following associated documents are also available at the same 
internet address: Application Packet, Marine Mammal Mitigation and 
Monitoring Plan, draft Environmental Assessment.
    We are also preparing an Environmental Assessment (EA) in 
accordance with the National Environmental Policy Act (NEPA) and will 
consider comments submitted in response to this notice as part of that 
process. The EA will be posted at the NOAA Fisheries Incidental Take 
internet site once it is finalized.
    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers 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.
    An authorization for incidental takings shall 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 (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, 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.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) 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 [Level B harassment].

Summary of Request

    On October 28, 2014, we received a request from SAE for 
authorization to take marine mammals incidental to seismic surveys in 
Cook Inlet, Alaska. After further correspondence and revisions by the 
applicant, we determined that the application was adequate and complete 
on January 12, 2015.
    SAE proposes to conduct oil and gas exploration seismic surveys. 
The proposed activity would occur between April 1, 2015 and December 
31, 2015, for a period of 160 days. The following specific aspects of 
the proposed activities are likely to result in the take of marine 
mammals: Operation of seismic airguns in arrays of 440 in\3\ and 1,760 
in\3\. Take, by Level B Harassment only, of individuals of beluga 
whale, harbor porpoise, killer whale, harbor seal, and Steller sea lion 
is anticipated to result from the specified activity.

Description of the Specified Activity

Overview

    SAE plans to conduct 3D seismic surveys over multiple years in the 
marine waters of both upper and lower Cook Inlet. This proposed 
authorization will cover activities occurring between April 1, 2015 and 
March 31, 2016. The ultimate survey area is divided into two units 
(upper and lower Cook Inlet). The total potential survey area is 3,934 
square kilometers (1,519 square miles); however, only a portion 
(currently unspecified) of this area will ultimately be surveyed, and 
no more than 777 square kilometers (300 square miles) in a given year. 
The exact location of where the 2015 survey will be conducted is not 
known at this time, and probably will not be known until spring 2015 
when SAE's clients have finalized their data acquisition needs.
    The components of the project include laying recording sensors 
(nodes) on the ocean floor, operating seismic source vessels towing 
active air gun arrays, and retrieval of nodes. There will also be 
additional boat activity associated with crew transfer, recording 
support, and additional monitoring for marine mammals. The primary 
seismic source for offshore recording consists of a 2 x 880-cubic-inch 
tri-cluster array for a total of 1,760-cubic-inches (although a 440-
cubic-inch array may be used in very shallow water locations as 
necessary). Each of the arrays will be deployed in a configuration 
outlined in Appendix A of the application. The arrays will be centered 
approximately 15 meters (50 feet) behind the source vessel stern, at a 
depth of 4 meters (12 feet), and towed along predetermined source lines 
at speeds between 7.4 and 9.3 kilometers per hour (4 and 5 knots). Two 
vessels with full arrays will be operating simultaneously in an 
alternating shot mode; one vessel shooting while the other is 
recharging. Shot intervals are expected to be about 16 seconds for each 
array resulting in an overall shot interval of 8 seconds considering 
the two alternating arrays. Operations are expected to occur 24 hours a 
day, with actual daily shooting to total about 12 hours. An acoustical 
positioning (or pinger) system will be used to position and interpolate 
the location of the nodes. A vessel-mounted transceiver calculates the 
position of the nodes by measuring the range and bearing from the 
transceiver to a small acoustic transponder fitted to every third node. 
The transceiver uses sonar to interrogate the transponders, which 
respond with short pulses that are used in measuring the range and 
bearing. Several offshore vessels will be required to support 
recording, shooting, and housing in the marine and transition zone 
environments. Exact vessels to be used have not been determined.

[[Page 14915]]

Dates and Duration

    The request for incidental harassment authorization is for the 2015 
Cook Inlet open water season (April 1 to December 31). All associated 
activities, including mobilization, survey activities, and 
demobilization of survey and support crews, would occur between the 
above dates. The plan is to conduct seismic surveys in the Upper Cook 
unit sometime between April 1 and December 31. The northern border of 
the seismic survey area depicted in Figure 1 takes into account the 
restriction that no activity occur between April 15 to October 15 in 
waters within 16 kilometers (10 miles) of the Susitna Delta (defined as 
the nearshore area between the mouths of the Beluga and the Little 
Susitna rivers). A small wedge of the upper Cook unit falls within 16 
kilometers of the Beluga River mouth, but survey here would occur after 
October 15, taking into account any timing restrictions with nearshore 
beluga habitat. The seismic acquisition in lower Cook unit would 
initially begin in late August or mid-September, and run until December 
15 taking into account any self-imposed location/timing restrictions to 
avoid encounters with sea otters or Steller's eiders. The exact survey 
dates in a given unit will depend on ice conditions, timing 
restrictions, and other factors. If the upper Cook Inlet seismic 
surveys are delayed by spring ice conditions, some survey may occur in 
lower Cook Inlet from March to May to maximize use of the seismic 
fleet. Actual data acquisition is expected to occur for only 2 to 3 
hours at a time during each of the 3 to 4 daily slack tides. Thus, it 
is expected that the air guns would operate an average of about 8 to 10 
total hours per day. It is estimated that it will take 160 days to 
complete both the upper and lower Cook units, and that no more than 777 
square kilometers (300 square miles) of survey area will be shot in 
2015.

Specified Geographic Region

    The area of Cook Inlet that SAE plans to operate in has been 
divided into two subsections: Upper and Lower Cook Inlet. Upper Cook 
(2,126 square kilometers; 821 square miles) begins at the line 
delineating Cook Inlet beluga whale (Delphinapterus leucas) Critical 
Habitat Area 1 and 2, south to a line approximately 10 kilometers (6 
miles) south of both the West Foreland and East Foreland (Figure 1 in 
SAE application).
    Lower Cook (1,808 square kilometer; 698 square mile) begins east of 
Kalgin Island and running along the east side of lower Cook Inlet to 
Anchor Point (Figure 2 in SAE application).

Detailed Description of Activities

Survey Design

    Marine seismic operations will be based on a ``recording patch'' or 
similar approach. Patches are groups of six receiver lines and 32 
source lines (Figure 3 in SAE application). Each receiver line has 
submersible marine sensor nodes tethered (with non-kinking, non-
floating line) equidistant (50 meters; 165 feet) from each other along 
the length of the line. Each node is a multicomponent system containing 
three velocity sensors and a hydrophone (Figure 4 in SAE application). 
Each receiver line is approximately 8 kilometers (5 miles) in length, 
and are spaced approximately 402 meters (1,320 feet) apart. Each 
receiver patch is 19.4 square kilometers (7.5 square miles) in area. 
The receiver patch is oriented such that the receiver lines run 
parallel to the shoreline.
    The 32 source lines, 12 kilometers (7.5 miles) long and spaced 502 
meters (1,650 feet) apart, run perpendicular to the receiver lines (and 
perpendicular to the coast) and, where possible, will extend 
approximately 5 kilometers (3 miles) beyond the outside receiver lines 
and approximately 4 kilometers (2.5 miles) beyond each of the ends of 
the receiver lines. The outside dimensions of the maximum shot area 
during a patch shoot will be 12 kilometers by 16 kilometers (7.5 miles 
by 10 miles), with an area of 192 square kilometers (754 square miles). 
All shot areas will be wholly contained within the survey boxes 
depicted in Figures 1 and 2 of SAE's application. Shot intervals along 
each source line will be 50 meters (165 feet).
    It may take a period of three three to five days to deploy, shoot, 
and record a single receiver patch. On average, approximately 49 square 
kilometers (18.75 square miles) of patch will be shot daily. During 
recording of one patch, nodes from the previously surveyed patch will 
be retrieved, recharged, and data downloaded prior to redeployment of 
the nodes to the next patch. As patches are recorded, receiver lines 
are moved side to side or end to end to the next patch location so that 
receiver lines have continuous coverage of the recording area. 
Autonomous recording nodes lack cables but will be tethered together 
using a thin rope for ease of retrieval. This non-floating, non-kinking 
rope will lay on the seabed surface, as will the nodes, and will have 
no effect on marine traffic. Primary vessel positioning will be 
achieved using GPS with the antenna attached to the air gun array. 
Pingers deployed from the node vessels will be used for positioning of 
nodes. The geometry/patch could be modified as operations progress to 
improve sampling and operational efficiency.

Acoustic Sources

    Air guns are the acoustic sources of primary concern and will be 
deployed from the seismic vessels. However, there are other noise 
sources to be considered. These include the pingers and transponders 
associated with locating receiver nodes, as well as propeller noise 
from the vessel fleet.

Seismic Source Array

    The primary seismic source for offshore recording consists of a 2 x 
880-cubic-inch tri-cluster array for a total of 1,760-cubic-inches 
(although a 440-cubic-inch array may be used in very shallow water 
locations as necessary). Each of the arrays will be deployed in a 
configuration outlined in Appendix A. The arrays will be centered 
approximately 15 meters (50 feet) behind the source vessel stern, at a 
depth of 4 meters (12 feet), and towed along predetermined source lines 
at speeds between 7.4 and 9.3 kilometers per hour (4 and 5 knots). Two 
vessels with full arrays will be operating simultaneously in an 
alternating shot mode; one vessel shooting while the other is 
recharging. Shot intervals are expected to be about 16 seconds for each 
array resulting in an overall shot interval of 8 seconds considering 
the two alternating arrays. Operations are expected to occur 24 hours a 
day, with actual daily shooting to total about 12 hours.
    Based on the manufacturer's specifications, the 1,760-cubic-inch 
array has a peak-peak estimated sound source of 254.55 dB (decibels) re 
1 micropascals ([mu]Pa) @ 1 m (53.5 bar-m; Far-field Signature, 
Appendix A), with a root mean square (rms) sound source of 236.55 dB re 
1 [mu]Pa. The manufacturer-provided source directivity plots for the 
three possible air gun arrays are shown in Appendix A of the 
application. They clearly indicate that the acoustical broadband energy 
is concentrated along the vertical axis (focused downward), while there 
is little energy focused horizontally. The spacing between air guns 
results in offset arrival timing of the sound energy. These delays 
``smear'' the sound signature as offset energy waves partially cancel 
each other, which reduces the amplitude in the horizontal direction. 
Thus, marine mammals near the surface and horizontal to the air gun

[[Page 14916]]

arrays would receive sound levels considerably less than a marine 
mammal situated directly beneath the array, and likely at levels less 
than predicted by the acoustical spreading model.
    Air gun arrays typically produce most noise energy in the 10- to 
120-hertz range, with some energy extending to 1 kilohertz (kHz) 
(Richardson et al. 1995). This sound energy is within the hearing range 
of all of the marine mammal species present in Cook Inlet, although 
based on available audiograms, pinniped and, especially, odontocete 
hearing is expected to be less sensitive in this range than mysticete 
hearing (Au and Hastings 2008; Southall et al 2007). Richardson et al. 
(1995) found little evidence of pinnipeds and odontocetes reacting to 
seismic pulses, suggesting pinnipeds are tolerant to these types of 
noise and odontocetes have difficulty hearing the low frequency energy. 
It is assumed, however, that SAE's air gun pulses will be audible to 
local pinnipeds and odontocetes given the high energy involved, but 
would more likely elicit reaction from baleen whales, such as minke and 
humpback whales, than the high frequency species.

Transceivers and Transponders

    An acoustical positioning (or pinger) system will be used to 
position and interpolate the location of the nodes. A vessel-mounted 
transceiver calculates the position of the nodes by measuring the range 
and bearing from the transceiver to a small acoustic transponder fitted 
to every third node. The transceiver uses sonar to interrogate the 
transponders, which respond with short pulses that are used in 
measuring the range and bearing. The system provides a precise location 
of every node as needed for accurate interpretation of the seismic 
data. The transceiver to be used is the Sonardyne Scout USBL, while 
transponders will be the Sonardyne TZ/OBC Type 7815-000-06. Because the 
transceiver and transponder communicate via sonar, they produce 
underwater sound levels. The Scout USBL transceiver has a transmission 
source level of 197 dB re 1 [mu]Pa @ 1 m (rms) and operates at 
frequencies between 35 and 55 kHz. The transponder produces short 
pulses of 184 to 187 dB re 1 [mu]Pa (rms) @ 1 m at frequencies also 
between 35 and 55 kHz.
    Both transceivers and transponders produce noise levels just above 
or within the most sensitive hearing range of seals (75 Hz to 100 kHz; 
(Hemil[auml] et al. 2006; Kastelein et al. 2009; Reichmuth et al. 2013) 
and odontocetes (150 Hz to 180 kHz; Wartzok and Ketten 1999), and the 
functional hearing range of baleen whales (7 Hz to 30 kHz; Southall et 
al 2007). However, given the low acoustical output, the range where 
acoustic-based harassment to marine mammals (for the 197 dB 
transceiver) could occur extends about 100 meters (328 feet), or 
significantly less than the output from the air gun arrays, and is not 
loud enough to reach injury levels in marine mammals beyond 9 meters 
(30 feet). Marine mammals are likely to respond to pinger systems 
similar to air gun pulses, but only when very close (a few meters) to 
the sources.

Vessels

    SAE will be using a variety of vessels to conduct the seismic 
survey and related activities. These include: Two source vessels, three 
node equipment deployment and retrieval vessels, one mitigation and 
housing vessel, one crew transport vessel, and two bow pickers.

Description of Marine Mammals in the Area of the Specified Activity

    Marine mammals most likely to be found in the upper Cook activity 
area are the beluga whale (Delphinapterus leucas), harbor porpoise 
(Phocoena phocoena), and harbor seal (Phoca vitulina). However, these 
species are found there in low numbers, and generally only during the 
summer fish runs (Nemeth et al. 2007, Boveng et al. 2012). These 
species are also found in the Lower Cook survey area along with 
humpback whales (Megaptera novaeangliae), minke whales (Balaenoptera 
acutorostra), gray whales (Eschrichtius robustus), killer whales 
(Orcinus orca), Dall's porpoise (Phocoenoides dalli), and Steller sea 
lions (Eumetopia jubatus). Minke whales have been considered migratory 
in Alaska (Allen and Angliss, 2014) but have recently been observed off 
Cape Starichkof and Anchor Point year-round (Owl Ridge, 2014). Humpback 
and gray whales are seasonal in Lower Cook, while the remaining species 
could be encountered at any time of the year. During marine mammal 
monitoring conducted off Cape Starichkof between May and August 2013, 
observers recorded small numbers of humpback whales, minke whales, gray 
whales, killer whales, and Steller sea lions, and moderate numbers of 
harbor porpoises and harbor seals (Owl Ridge, 2014). This survey also 
recorded a single beluga observed 6 kilometers north of Cape Starichkof 
in August 2013. The stock sizes for marine mammals found in the 
proposed project area in Cook Inlet are shown in Table 1.

                          Table 1--Marine Mammals Inhabiting the Cook Inlet Action Area
----------------------------------------------------------------------------------------------------------------
                                                                            Stock abundance        Relative
                                                       ESA/MMPA status      (CV, Nmin, most   occurrence in Cook
            Species                     Stock         \1\; Strategic (Y/   recent  abundance   Inlet;  season of
                                                              N)              survey) \2\         occurrence
----------------------------------------------------------------------------------------------------------------
Humpback whale.................  Central North       E/D;Y..............  7,469               Occasionally seen
                                  Pacific.                                 (0.095;5,833;2000   in Lower Inlet,
                                                                           ).                  summer.
Minke whale....................  Alaska............  --;N...............  1,233 (0.034;N/     Infrequently occur
                                                                           A;2003).            but reported year-
                                                                                               round.
Gray whale.....................  Eastern North       --; N..............  19,126 (0.071;      Rare migratory
                                  Pacific.                                 18,017; 2007).      visitor; late
                                                                                               winter.
Killer whale...................  Alaska Resident...  --;N...............  2,347 (N/A; 2,084;  Occasionally
                                                                           2009).              sighted in Lower
                                                                                               Cook Inlet.
                                 Alaska Transient..  --:N...............  345 (N/A; 303;
                                                                           2003).
Beluga whale...................  Cook Inlet........  E/D;Y..............  312 (0.10; 280;     Use upper Inlet in
                                                                           2012).              summer and lower
                                                                                               in winter:
                                                                                               annual.
Harbor porpoise................  Gulf of Alaska....  --;Y...............  31,046 (0.214;      Widespread in the
                                                                           25,987; 1998).      Inlet: annual
                                                                                               (less in winter).
Dall's porpoise................  Alaska............  ...................  ..................  Infrequently found
                                                                                               in Lower Inlet.
Steller sea lion...............  Western DPS.......  E/D;Y..............  79,300 (N/A;        Primarily found in
                                                                           45,659; 2012).      lower Inlet.

[[Page 14917]]

 
Harbor seal....................  Cook Inlet/         --;N...............  22,900 (0.053;      Frequently found
                                  Shelikof.                                21,896; 2006).      in upper and
                                                                                               lower inlet;
                                                                                               annual (more in
                                                                                               northern Inlet in
                                                                                               summer).
----------------------------------------------------------------------------------------------------------------
Source: Allen and Angliss (20142, 2013), Carretta et al. (2013), Zerbini et al. (2006).

Humpback Whale (Megaptera novaeangliae)

    Although there is considerable distributional overlap in the 
humpback whale stocks that use Alaska, the whales seasonally found in 
lower Cook Inlet are probably of the Central North Pacific stock. 
Listed as endangered under the Endangered Species Act (ESA), this stock 
has recently been estimated at 7,469, with the portion of the stock 
that feeds in the Gulf of Alaska estimated at 2,845 animals (Allen and 
Angliss 20143). The Central North Pacific stock winters in Hawaii and 
summers from British Columbia to the Aleutian Islands (Calambokidis et 
al. 1997), including Cook Inlet.
    Humpback use of Cook Inlet is largely confined to lower Cook Inlet. 
They have been regularly seen near Kachemak Bay during the summer 
months (Rugh et al. 2005a), and there is a whale-watching venture in 
Homer capitalizing on this seasonal event. There are anecdotal 
observations of humpback whales as far north as Anchor Point, with 
recent summer observations extending to Cape Starichkof (Owl Ridge 
2014). Humpbacks might be encountered in the vicinity of Anchor Point 
if seismic operations were to occur off the point during the summer. 
However, SAE plans, for the most part, to limit seismic activity along 
the Kenai Peninsula to during the spring and fall.

Minke Whale (Balaenoptera acutorostra)

    Minke whales are the smallest of the rorqual group of baleen whales 
reaching lengths of up to 35 feet. They are also the most common of the 
baleen whales, although there are no population estimates for the North 
Pacific, although estimates have been made for some portions of Alaska. 
Zerbini et al. (2006) estimated the coastal population between Kenai 
Fjords and the Aleutian Islands at 1,233 animals.
    During Cook Inlet-wide aerial surveys conducted from 1993 to 2004, 
minke whales were encountered only twice (1998, 1999), both times off 
Anchor Point 16 miles northwest of Homer. A minke whale was also 
reported off Cape Starichkof in 2011 (A. Holmes, pers. comm.) and 2013 
(E. Fernandez and C. Hesselbach, pers. comm.), suggesting this location 
is regularly used by minke whales, including during the winter. 
Recently, several minke whales were recorded off Cape Starichkof in 
early summer 2013 during exploratory drilling conducted there (Owl 
Ridge 2014). There are no records north of Cape Starichkof, and this 
species is unlikely to be seen in upper Cook Inlet. There is a chance 
of encountering this whale during seismic operations along the Kenai 
Peninsula in lower Cook Inlet.

Gray Whale (Eschrichtius robustus)

    Each spring, the Eastern North Pacific stock of gray whale migrates 
8,000 kilometers (5,000 miles) northward from breeding lagoons in Baja 
California to feeding grounds in the Bering and Chukchi seas, reversing 
their travel again in the fall (Rice and Wolman 1971). Their migration 
route is for the most part coastal until they reach the feeding 
grounds. A small portion of whales do not annually complete the full 
circuit, as small numbers can be found in the summer feeding along the 
Oregon, Washington, British Columbia, and Alaskan coasts (Rice et al. 
1984, Moore et al. 2007).
    Human exploitation reduced this stock to an estimated ``few 
thousand'' animals (Jones and Schwartz 2002). However, by the late 
1980s, the stock was appearing to reach carrying capacity and estimated 
to be at 26,600 animals (Jones and Schwartz 2002). By 2002, that stock 
had been reduced to about 16,000 animals, especially following 
unusually high mortality events in 1999 and 2000 (Allen and Angliss 
2014). The stock has continued to grow since then and is currently 
estimated at 19,126 animals with a minimum estimate of 18,017 (Carretta 
et al. 2013).
    Most gray whales migrate past the mouth of Cook Inlet to and from 
northern feeding grounds. However, small numbers of summering gray 
whales have been noted by fisherman near Kachemak Bay and north of 
Anchor Point. Further, summering gray whales were seen offshore of Cape 
Starichkof by marine mammal observers monitoring Buccaneer's 
Cosmopolitan drilling program in 2013 (Owl Ridge 2014). Regardless, 
gray whales are not expected to be encountered in upper Cook Inlet, 
where there are no records, but might be encountered during seismic 
operations along the Kenai Peninsula south of Ninilchik. However, 
seismic surveys are not planned in this region during the summer months 
when gray whales would be most expected.

Beluga Whale (Delphinapterus leucas)

    The Cook Inlet beluga whale Distinct Population Segment (DPS) is a 
small geographically isolated population that is separated from other 
beluga populations by the Alaska Peninsula. The population is 
genetically (mtDNA) distinct from other Alaska populations suggesting 
the Peninsula is an effective barrier to genetic exchange (O'Corry-
Crowe et al. 1997) and that these whales may have been separated from 
other stocks at least since the last ice age. Laidre et al. (2000) 
examined data from more than 20 marine mammal surveys conducted in the 
northern Gulf of Alaska and found that sightings of belugas outside 
Cook Inlet were exceedingly rare, and these were composed of a few 
stragglers from the Cook Inlet DPS observed at Kodiak Island, Prince 
William Sound, and Yakutat Bay. Several marine mammal surveys specific 
to Cook Inlet (Laidre et al. 2000, Speckman and Piatt 2000), including 
those that concentrated on beluga whales (Rugh et al. 2000, 2005a), 
clearly indicate that this stock largely confines itself to Cook Inlet. 
There is no indication that these whales make forays into the Bering 
Sea where they might intermix with other Alaskan stocks.
    The Cook Inlet beluga DPS was originally estimated at 1,300 whales 
in 1979 (Calkins 1989) and has been the focus of management concerns 
since experiencing a dramatic decline in the 1990s. Between 1994 and 
1998 the stock declined 47 percent which was attributed to 
overharvesting by subsistence hunting. Subsistence hunting was 
estimated to annually

[[Page 14918]]

remove 10 to 15 percent of the population during this period. Only five 
belugas have been harvested since 1999, yet the population has 
continued to decline, with the most recent estimate at only 312 animals 
(Allen and Angliss 2014). NMFS listed the population as ``depleted'' in 
2000 as a consequence of the decline, and as ``endangered'' under the 
Endangered Species Act (ESA) in 2008 when the population failed to 
recover following a moratorium on subsistence harvest. In April 2011, 
NMFS designated critical habitat for the beluga under the ESA (Figure 
3).
    Prior to the decline, this DPS was believed to range throughout 
Cook Inlet and occasionally into Prince William Sound and Yakutat 
(Nemeth et al. 2007). However the range has contracted coincident with 
the population reduction (Speckman and Piatt 2000). During the summer 
and fall beluga whales are concentrated near the Susitna River mouth, 
Knik Arm, Turnagain Arm, and Chickaloon Bay (Nemeth et al. 2007) where 
they feed on migrating eulachon (Thaleichthys pacificus) and salmon 
(Onchorhyncus spp.) (Moore et al. 2000). Critical Habitat Area 1 
reflects this summer distribution (Figure 3). During the winter, beluga 
whales concentrate in deeper waters in the mid-inlet to Kalgin Island, 
and in the shallow waters along the west shore of Cook Inlet to 
Kamishak Bay (Critical Habitat Area 2; Figure 1). Some whales may also 
winter in and near Kachemak Bay.
BILLING CODE 3510-22-P

[[Page 14919]]

[GRAPHIC] [TIFF OMITTED] TN20MR15.003

BILLING CODE 3510-22-C

Harbor Porpoise (Phocoena phocoena)

    Harbor porpoise are small (1.5 meters length), relatively 
inconspicuous toothed whales. The Gulf of Alaska Stock is distributed 
from Cape Suckling to Unimak Pass and was most recently estimated at 
31,046 animals (Allen and Angliss 2014). They are found primarily in 
coastal waters less than 100 meters (100 meters) deep (Hobbs and Waite 
2010) where they feed on Pacific herring (Clupea pallasii), other 
schooling fishes, and cephalopods.
    Although they have been frequently observed during aerial surveys 
in Cook Inlet, most sightings are of single animals, and are 
concentrated at Chinitna and Tuxedni bays on the west

[[Page 14920]]

side of lower Cook Inlet (Rugh et al. 2005a). Dahlheim et al. (2000) 
estimated the 1991 Cook Inlet-wide population at only 136 animals. 
However, they are one of the three marine mammals (besides belugas and 
harbor seals) regularly seen in upper Cook Inlet (Nemeth et al. 2007), 
especially during spring eulachon and summer salmon runs. Because 
harbor porpoise have been observed throughout Cook Inlet during the 
summer months, including mid-inlet waters, they could be encountered 
during seismic operations in upper Cook Inlet.

Dall's Porpoise (Phocoenoides dalli)

    Dall's porpoise are widely distributed throughout the North Pacific 
Ocean including Alaska, although they are not found in upper Cook Inlet 
and the shallower waters of the Bering, Chukchi, and Beaufort Seas 
(Allen and Angliss 2014). Compared to harbor porpoise, Dall's porpoise 
prefer the deep offshore and shelf slope waters. The Alaskan population 
has been estimated at 83,400 animals (Allen and Angliss 2014), making 
it one of the more common cetaceans in the state. Dall's porpoise have 
been observed in lower Cook Inlet, including Kachemak Bay and near 
Anchor Point (Owl Ridge 2014), but sightings there are rare. There is a 
remote chance that Dall's porpoise might be encountered during seismic 
operations along the Kenai Peninsula.

Killer Whale (Orcinus orca)

    Two different stocks of killer whales inhabit the Cook Inlet region 
of Alaska: the Alaska Resident Stock and the Gulf of Alaska, Aleutian 
Islands, Bering Sea Transient Stock (Allen and Angliss 2014). The 
resident stock is estimated at 2,347 animals and occurs from Southeast 
Alaska to the Bering Sea (Allen and Angliss 2014). Resident whales feed 
exclusively on fish and are genetically distinct from transient whales 
(Saulitis et al. 2000). The transient whales feed primarily on marine 
mammals (Saulitis et al. 2000). The transient population inhabiting the 
Gulf of Alaska shares mitochondrial DNA haplotypes with whales found 
along the Aleutian Islands and the Bering Sea suggesting a common 
stock, although there appears to be some subpopulation genetic 
structuring occurring to suggest the gene flow between groups is 
limited (see Allen and Angliss 2014). For the three regions combined, 
the transient population has been estimated at 587 animals (Allen and 
Angliss 2014).
    Killer whales are occasionally observed in lower Cook Inlet, 
especially near Homer and Port Graham (Shelden et al. 2003, Rugh et al. 
2005a). A concentration of sightings near Homer and inside Kachemak Bay 
may represent high use or may reflect high observer-effort, given most 
records are from a whale-watching venture based in Homer. The few 
whales that have been photographically identified in lower Cook Inlet 
belong to resident groups more commonly found in nearby Kenai Fjords 
and Prince William Sound (Shelden et al. 2003). Prior to the 1980s, 
killer whale sightings in upper Cook Inlet were very rare. During 
aerial surveys conducted between 1993 and 2004, killer whales were 
observed on only three flights, all in the Kachemak and English Bay 
area (Rugh et al. 2005a). However, anecdotal reports of killer whales 
feeding on belugas in upper Cook Inlet began increasing in the 1990s, 
possibly in response to declines in sea lion and harbor seal prey 
elsewhere (Shelden et al. 2003). These sporadic ventures of transient 
whales into beluga summering grounds have been implicated as a possible 
contributor to decline of Cook Inlet belugas in the 1990s, although the 
number of confirmed mortalities from killer whales is small (Shelden et 
al. 2003). If killer whales were to venture into upper Cook Inlet in 
2015, they might be encountered during both seismic operations in both 
upper and lower Cook Inlet.

Steller Sea Lion (Eumetopia jubatus)

    The Western Stock of the Steller sea lion is defined as all 
populations west of longitude 144[deg]W to the western end of the 
Aleutian Islands. The most recent estimate for this stock is 45,649 
animals (Allen and Angliss 2014), considerably less than that estimated 
140,000 animals in the 1950s (Merrick et al. 1987). Because of this 
dramatic decline, the stock was listed as threatened under ESA in 1990, 
and was relisted as endangered in 1997. Critical habitat was designated 
in 1993, and is defined as a 20-nautical-mile radius around all major 
rookeries and haulout sites. The 20-nautical-mile buffer was 
established based on telemetry data that indicated these sea lions 
concentrated their summer foraging effort within this distance of 
rookeries and haul outs.
    Steller sea lions inhabit lower Cook Inlet, especially in the 
vicinity of Shaw Island and Elizabeth Island (Nagahut Rocks) haulout 
sites (Rugh et al. 2005a), but are rarely seen in upper Cook Inlet 
(Nemeth et al. 2007). Of the 42 Steller sea lion groups recorded during 
Cook Inlet aerial surveys between 1993 and 2004, none were recorded 
north of Anchor Point and only one in the vicinity of Kachemak Bay 
(Rugh et al. 2005a). Marine mammal observers associated with 
Buccaneer's drilling project off Cape Starichkof did observe seven 
Steller sea lions during the summer of 2013 (Owl Ridge 2014).
    The upper reaches of Cook Inlet may not provide adequate foraging 
conditions for sea lions for establishing a major haul out presence. 
Steller sea lions feed largely on walleye pollock (Theragra 
chalcogramma), salmon (Onchorhyncus spp.), and arrowtooth flounder 
(Atheresthes stomias) during the summer, and walleye pollock and 
Pacific cod (Gadus macrocephalus) during the winter (Sinclair and 
Zeppelin 2002), none which, except for salmon, are found in abundance 
in upper Cook Inlet (Nemeth et al. 2007). Steller sea lions are 
unlikely to be encountered during seismic operations in upper Cook 
Inlet, but they could possibly be encountered along the Kenai 
Peninsula, especially closer to Anchor Point.

Harbor Seal (Phoca vitulina)

    With more than 150,000 animals state-wide (Allen and Angliss 2014), 
harbor seals are one of the more common marine mammal species in 
Alaskan waters. They are most commonly seen hauled out at tidal flats 
and rocky areas. Harbor seals feed largely on schooling fish such a 
walleye pollock, Pacific cod, salmon, Pacific herring, eulachon, and 
squid. Although harbor seals may make seasonal movements in response to 
prey, they are resident to Alaska and do not migrate.
    The Cook Inlet/Shelikof Stock, ranging from approximately Anchorage 
down along the south side of the Alaska Peninsula to Unimak Pass, has 
been recently estimated at a stable 22,900 (Allen and Angliss 2014). 
Large numbers concentrate at the river mouths and embayments of lower 
Cook Inlet, including the Fox River mouth in Kachemak Bay (Rugh et al. 
2005a). Montgomery et al. (2007) recorded over 200 haulout sites in 
lower Cook Inlet alone. However, only a few dozens to a couple hundred 
seals seasonally occur in upper Cook Inlet (Rugh et al. 2005a), mostly 
at the mouth of the Susitna River where their numbers vary in concert 
with the spring eulachon and summer salmon runs (Nemeth et al. 2007, 
Boveng et al. 2012). In 2012, up to 100 harbor seals were observed 
hauled out at the mouths of the Theodore and Lewis rivers during 
monitoring activity associated with SAE's (with Apache) 2012 Cook Inlet 
seismic program. Montgomery et al. (2007) also found seals elsewhere in 
Cook Inlet to move in response to local steelhead (Onchorhynchus 
mykiss) and salmon

[[Page 14921]]

runs. Harbor seals may be encountered during seismic operations in both 
upper and lower Cook Inlet.

Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that 
components (e.g., seismic airgun operations, vessel movement) of the 
specified activity, including mitigation, may impact marine mammals. 
The ``Estimated Take by Incidental Harassment'' section later in this 
document will include a quantitative analysis of the number of 
individuals that are expected to be taken by this activity. The 
``Negligible Impact Analysis'' section will include the analysis of how 
this specific activity will impact marine mammals and will consider the 
content of this section, the ``Estimated Take by Incidental 
Harassment'' section, the ``Proposed Mitigation'' section, and the 
``Anticipated Effects on Marine Mammal Habitat'' section to draw 
conclusions regarding the likely impacts of this activity on the 
reproductive success or survivorship of individuals and from that on 
the affected marine mammal populations or stocks.
    Operating active acoustic sources, such as airgun arrays, has the 
potential for adverse effects on marine mammals. The majority of 
anticipated impacts would be from the use of acoustic sources.

Acoustic Impacts

    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Based 
on available behavioral data, audiograms have been derived using 
auditory evoked potentials, anatomical modeling, and other data. 
Southall et al. (2007) designated ``functional hearing groups'' for 
marine mammals and estimate the lower and upper frequencies of 
functional hearing of the groups. The functional groups and the 
associated frequencies are indicated below (note that animals are less 
sensitive to sounds at the outer edge of their functional range and 
most sensitive to sounds of frequencies within a smaller range 
somewhere in the middle of their functional hearing range) and have 
been modified slightly from Southall et al. 2007 to incorporate some 
newer information:
    <bullet> Low frequency cetaceans (13 species of mysticetes): 
functional hearing is estimated to occur between approximately 7 Hz and 
30 kHz; (Ketten and Mountain 2009; Tubelli et al. 2012)
    <bullet> Mid-frequency cetaceans (32 species of dolphins, six 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): functional hearing is estimated to occur between 
approximately 150 Hz and 160 kHz; (Southall et al. 2007)
    <bullet> High frequency cetaceans (eight species of true porpoises, 
six species of river dolphins, Kogia, the franciscana, and four species 
of cephalorhynchids): functional hearing is estimated to occur between 
approximately 200 Hz and 180 kHz; (Southall et al. 2007)
    <bullet> Phocid pinnipeds in Water: functional hearing is estimated 
to occur between approximately 75 Hz and 100 kHz; (Hemil[auml] et al. 
2006; Mulsow et al. 2011; Reichmuth et al. 2013) and
    <bullet> Otariid pinnipeds in Water: Functional hearing is 
estimated to occur between approximately 100 Hz and 40 kHz. (Reichmuth 
et al. 2013)
    As mentioned previously in this document, nine marine mammal 
species (seven cetacean and two pinniped species) are likely to occur 
in the proposed seismic survey area. Of the seven cetacean species 
likely to occur in SAE's proposed project area, three classified as a 
low-frequency cetaceans (humpback, minke, gray whale), two are 
classified as mid-frequency cetaceans (beluga and killer whales), and 
two are classified as a high-frequency cetaceans (Dall's and harbor 
porpoise) (Southall et al., 2007). Of the two pinniped species likely 
to occur in SAE's proposed project area, one is classified as a phocid 
(harbor seal), and one is classified as an otariid (Steller sea lion). 
A species' functional hearing group is a consideration when we analyze 
the effects of exposure to sound on marine mammals.

1. Potential Effects of Airgun Sounds on Marine Mammals

    The effects of sounds from airgun pulses might include one or more 
of the following: tolerance, masking of natural sounds, behavioral 
disturbance, and temporary or permanent hearing impairment or non-
auditory effects (Richardson et al., 1995). As outlined in previous 
NMFS documents, the effects of noise on marine mammals are highly 
variable, often depending on species and contextual factors (based on 
Richardson et al., 1995).
    Tolerance: Numerous studies have shown that pulsed sounds from air 
guns are often readily detectable in the water at distances of many 
kilometers. Numerous studies have also shown that marine mammals at 
distances more than a few kilometers from operating survey vessels 
often show no apparent response. That is often true even in cases when 
the pulsed sounds must be readily audible to the animals based on 
measured received levels and the hearing sensitivity of that mammal 
group. In general, pinnipeds and small odontocetes (toothed whales) 
seem to be more tolerant of exposure to air gun pulses than baleen 
whales. Although various toothed whales, and (less frequently) 
pinnipeds have been shown to react behaviorally to airgun pulses under 
some conditions, at other times, mammals of both types have shown no 
overt reactions. Weir (2008) observed marine mammal responses to 
seismic pulses from a 24 airgun array firing a total volume of either 
5,085 in\3\ or 3,147 in\3\ in Angolan waters between August 2004 and 
May 2005. Weir recorded a total of 207 sightings of humpback whales (n 
= 66), sperm whales (n = 124), and Atlantic spotted dolphins (n = 17) 
and reported that there were no significant differences in encounter 
rates (sightings/hr) for humpback and sperm whales according to the 
airgun array's operational status (i.e., active versus silent).
    Behavioral Disturbance: Marine mammals may behaviorally react to 
sound when exposed to anthropogenic noise. These behavioral reactions 
are often shown as: Changing durations of surfacing and dives, number 
of blows per surfacing, or moving direction and/or speed; reduced/
increased vocal activities; changing/cessation of certain behavioral 
activities (such as socializing or feeding); visible startle response 
or aggressive behavior (such as tail/fluke slapping or jaw clapping); 
avoidance of areas where noise sources are located; and/or flight 
responses (e.g., pinnipeds flushing into water from haulouts or 
rookeries).
    The biological significance of many of these behavioral 
disturbances is difficult to predict. The consequences of behavioral 
modification to individual fitness can range from none up to potential 
changes to growth, survival, or reproduction, depending on the context, 
duration, and degree of behavioral modification. Examples of behavioral 
modifications that could impact growth, survival or reproduction 
include: Drastic changes in diving/surfacing/swimming patterns that 
lead to stranding (such as those associated with beaked whale 
strandings related to exposure to military mid-frequency tactical 
sonar); longer-term abandonment of habitat that is specifically 
important for feeding, reproduction, or other critical needs, or 
significant disruption of feeding or social interaction resulting in 
substantive energetic costs, inhibited

[[Page 14922]]

breeding, or prolonged or permanent cow-calf separation.
    The onset of behavioral disturbance from anthropogenic noise 
depends on both external factors (characteristics of noise sources and 
their paths) and the receiving animals (hearing, motivation, 
experience, demography) and is also difficult to predict (Southall et 
al., 2007).
    Toothed whales. Few systematic data are available describing 
reactions of toothed whales to noise pulses. However, systematic work 
on sperm whales (Tyack et al., 2003) has yielded an increasing amount 
of information about responses of various odontocetes to seismic 
surveys based on monitoring studies (e.g., Stone, 2003; Smultea et al., 
2004; Moulton and Miller, 2005).
    Seismic operators and marine mammal observers sometimes see 
dolphins and other small toothed whales near operating airgun arrays, 
but, in general, there seems to be a tendency for most delphinids to 
show some limited avoidance of seismic vessels operating large airgun 
systems. However, some dolphins seem to be attracted to the seismic 
vessel and floats, and some ride the bow wave of the seismic vessel 
even when large arrays of airguns are firing. Nonetheless, there have 
been indications that small toothed whales sometimes move away or 
maintain a somewhat greater distance from the vessel when a large array 
of airguns is operating than when it is silent (e.g., Gold, 1996a,b,c; 
Calambokidis and Osmek, 1998; Stone, 2003). The beluga may be a species 
that (at least in certain geographic areas) shows long-distance 
avoidance of seismic vessels. Aerial surveys during seismic operations 
in the southeastern Beaufort Sea recorded much lower sighting rates of 
beluga whales within 10-20 km (6.2-12.4 mi) of an active seismic 
vessel. These results were consistent with the low number of beluga 
sightings reported by observers aboard the seismic vessel, suggesting 
that some belugas might have been avoiding the seismic operations at 
distances of 10-20 km (6.2-12.4 mi) (Miller et al., 2005).
    Captive bottlenose dolphins and (of more relevance in this project) 
beluga whales exhibit changes in behavior when exposed to strong pulsed 
sounds similar in duration to those typically used in seismic surveys 
(Finneran et al., 2002, 2005). However, the animals tolerated high 
received levels of sound (pk-pk level >200 dB re 1 [mu]Pa) before 
exhibiting aversive behaviors.
    Observers stationed on seismic vessels operating off the United 
Kingdom from 1997--2000 have provided data on the occurrence and 
behavior of various toothed whales exposed to seismic pulses (Stone, 
2003; Gordon et al., 2004). Killer whales were found to be 
significantly farther from large airgun arrays during periods of 
shooting compared with periods of no shooting. The displacement of the 
median distance from the array was approximately 0.5 km (0.3 mi) or 
more. Killer whales also appear to be more tolerant of seismic shooting 
in deeper water.
    Reactions of toothed whales to large arrays of airguns are variable 
and, at least for delphinids, seem to be confined to a smaller radius 
than has been observed for mysticetes. However, based on the limited 
existing evidence, belugas should not necessarily generally be grouped 
with delphinids in the ``less responsive'' category.
    Pinnipeds. Pinnipeds are not likely to show a strong avoidance 
reaction to the airgun sources proposed for use. Visual monitoring from 
seismic vessels has shown only slight (if any) avoidance of airguns by 
pinnipeds and only slight (if any) changes in behavior. Monitoring work 
in the Alaskan Beaufort Sea during 1996-2001 provided considerable 
information regarding the behavior of Arctic ice seals exposed to 
seismic pulses (Harris et al., 2001; Moulton and Lawson, 2002). These 
seismic projects usually involved arrays of 6 to 16 airguns with total 
volumes of 560 to 1,500 in\3\. The combined results suggest that some 
seals avoid the immediate area around seismic vessels. In most survey 
years, ringed seal sightings tended to be farther away from the seismic 
vessel when the airguns were operating than when they were not (Moulton 
and Lawson, 2002). However, these avoidance movements were relatively 
small, on the order of 100 m (328 ft) to a few hundreds of meters, and 
many seals remained within 100-200 m (328-656 ft) of the trackline as 
the operating airgun array passed by. Seal sighting rates at the water 
surface were lower during airgun array operations than during no-airgun 
periods in each survey year except 1997. Similarly, seals are often 
very tolerant of pulsed sounds from seal-scaring devices (Mate and 
Harvey, 1987; Jefferson and Curry, 1994; Richardson et al., 1995a). 
However, initial telemetry work suggests that avoidance and other 
behavioral reactions by two other species of seals, grey and harbor 
seals, to small airgun sources may at times be stronger than evident to 
date from visual studies of pinniped reactions to airguns (Thompson et 
al., 1998). Even if reactions of the species occurring in the activity 
area are as strong as those evident in the telemetry study, reactions 
are expected to be confined to relatively small distances and 
durations, with no long-term effects on pinniped individuals or 
populations.
    Masking: Masking is the obscuring of sounds of interest by other 
sounds, often at similar frequencies. Marine mammals use acoustic 
signals for a variety of purposes, which differ among species, but 
include communication between individuals, navigation, foraging, 
reproduction, avoiding predators, and learning about their environment 
(Erbe and Farmer, 2000; Tyack, 2000). Masking, or auditory 
interference, generally occurs when sounds in the environment are 
louder than, and of a similar frequency to, auditory signals an animal 
is trying to receive. Masking is a phenomenon that affects animals 
trying to receive acoustic information about their environment, 
including sounds from other members of their species, predators, prey, 
and sounds that allow them to orient in their environment. Masking 
these acoustic signals can disturb the behavior of individual animals, 
groups of animals, or entire populations.
    Masking occurs when anthropogenic sounds and signals (that the 
animal utilizes) overlap at both spectral and temporal scales. For the 
airgun sound generated from the proposed seismic surveys, sound will 
consist of low frequency (under 500 Hz) pulses with extremely short 
durations (less than one second). Lower frequency man-made sounds are 
more likely to affect detection of communication calls and other 
potentially important natural sounds such as surf and prey noise. There 
is little concern regarding masking near the sound source due to the 
brief duration of these pulses and relatively longer silence between 
air gun shots (approximately 12 seconds). However, at long distances 
(over tens of kilometers away), due to multipath propagation and 
reverberation, the durations of airgun pulses can be ``stretched'' to 
seconds with long decays (Madsen et al., 2006), although the intensity 
of the sound is greatly reduced.
    This could affect communication signals used by low frequency 
mysticetes when they occur near the noise band and thus reduce the 
communication space of animals (e.g., Clark et al., 2009) and cause 
increased stress levels (e.g., Foote et al., 2004; Holt et al., 2009); 
however, no baleen whales are expected to occur within the proposed 
action area. Marine mammals are thought to be able to compensate for 
masking by adjusting their acoustic behavior by shifting call 
frequencies,

[[Page 14923]]

and/or increasing call volume and vocalization rates. For example, blue 
whales were found to increase call rates when exposed to seismic survey 
noise in the St. Lawrence Estuary (Di Iorio and Clark, 2010). The North 
Atlantic right whales (Eubalaena glacialis) exposed to high shipping 
noise increase call frequency (Parks et al., 2007), while some humpback 
whales respond to low-frequency active sonar playbacks by increasing 
song length (Miller et al., 2000). Additionally, beluga whales have 
been known to change their vocalizations in the presence of high 
background noise possibly to avoid masking calls (Au et al., 1985; 
Lesage et al., 1999; Scheifele et al., 2005). Although some degree of 
masking is inevitable when high levels of manmade broadband sounds are 
introduced into the sea, marine mammals have evolved systems and 
behavior that function to reduce the impacts of masking. Structured 
signals, such as the echolocation click sequences of small toothed 
whales, may be readily detected even in the presence of strong 
background noise because their frequency content and temporal features 
usually differ strongly from those of the background noise (Au and 
Moore, 1988, 1990). The components of background noise that are similar 
in frequency to the sound signal in question primarily determine the 
degree of masking of that signal.
    Redundancy and context can also facilitate detection of weak 
signals. These phenomena may help marine mammals detect weak sounds in 
the presence of natural or manmade noise. Most masking studies in 
marine mammals present the test signal and the masking noise from the 
same direction. The sound localization abilities of marine mammals 
suggest that, if signal and noise come from different directions, 
masking would not be as severe as the usual types of masking studies 
might suggest (Richardson et al., 1995). The dominant background noise 
may be highly directional if it comes from a particular anthropogenic 
source such as a ship or industrial site. Directional hearing may 
significantly reduce the masking effects of these sounds by improving 
the effective signal-to-noise ratio. In the cases of higher frequency 
hearing by the bottlenose dolphin, beluga whale, and killer whale, 
empirical evidence confirms that masking depends strongly on the 
relative directions of arrival of sound signals and the masking noise 
(Penner et al., 1986; Dubrovskiy, 1990; Bain et al., 1993; Bain and 
Dahlheim, 1994). Toothed whales and probably other marine mammals as 
well, have additional capabilities besides directional hearing that can 
facilitate detection of sounds in the presence of background noise. 
There is evidence that some toothed whales can shift the dominant 
frequencies of their echolocation signals from a frequency range with a 
lot of ambient noise toward frequencies with less noise (Au et al., 
1974, 1985; Moore and Pawloski, 1990; Thomas and Turl, 1990; Romanenko 
and Kitain, 1992; Lesage et al., 1999). A few marine mammal species are 
known to increase the source levels or alter the frequency of their 
calls in the presence of elevated sound levels (Dahlheim, 1987; Au, 
1993; Lesage et al., 1993, 1999; Terhune, 1999; Foote et al., 2004; 
Parks et al., 2007, 2009; Di Iorio and Clark, 2009; Holt et al., 2009).
    These data demonstrating adaptations for reduced masking pertain 
mainly to the very high frequency echolocation signals of toothed 
whales. There is less information about the existence of corresponding 
mechanisms at moderate or low frequencies or in other types of marine 
mammals. For example, Zaitseva et al. (1980) found that, for the 
bottlenose dolphin, the angular separation between a sound source and a 
masking noise source had little effect on the degree of masking when 
the sound frequency was 18 kHz, in contrast to the pronounced effect at 
higher frequencies. Directional hearing has been demonstrated at 
frequencies as low as 0.5-2 kHz in several marine mammals, including 
killer whales (Richardson et al., 1995a). This ability may be useful in 
reducing masking at these frequencies. In summary, high levels of sound 
generated by anthropogenic activities may act to mask the detection of 
weaker biologically important sounds by some marine mammals. This 
masking may be more prominent for lower frequencies. For higher 
frequencies, such as that used in echolocation by toothed whales, 
several mechanisms are available that may allow them to reduce the 
effects of such masking.
    Threshold Shift (noise-induced loss of hearing)--When animals 
exhibit reduced hearing sensitivity (i.e., sounds must be louder for an 
animal to detect them) following exposure to an intense sound or sound 
for long duration, it is referred to as a noise-induced threshold shift 
(TS). An animal can experience temporary threshold shift (TTS) or 
permanent threshold shift (PTS). TTS can last from minutes or hours to 
days (i.e., there is complete recovery), can occur in specific 
frequency ranges (i.e., an animal might only have a temporary loss of 
hearing sensitivity between the frequencies of 1 and 10 kHz), and can 
be of varying amounts (for example, an animal's hearing sensitivity 
might be reduced initially by only 6 dB or reduced by 30 dB). PTS is 
permanent, but some recovery is possible. PTS can also occur in a 
specific frequency range and amount as mentioned above for TTS.
    The following physiological mechanisms are thought to play a role 
in inducing auditory TS: effects to sensory hair cells in the inner ear 
that reduce their sensitivity, modification of the chemical environment 
within the sensory cells, residual muscular activity in the middle ear, 
displacement of certain inner ear membranes, increased blood flow, and 
post-stimulatory reduction in both efferent and sensory neural output 
(Southall et al., 2007). The amplitude, duration, frequency, temporal 
pattern, and energy distribution of sound exposure all can affect the 
amount of associated TS and the frequency range in which it occurs. As 
amplitude and duration of sound exposure increase, so, generally, does 
the amount of TS, along with the recovery time. For intermittent 
sounds, less TS could occur than compared to a continuous exposure with 
the same energy (some recovery could occur between intermittent 
exposures depending on the duty cycle between sounds) (Kryter et al., 
1966; Ward, 1997). For example, one short but loud (higher SPL) sound 
exposure may induce the same impairment as one longer but softer sound, 
which in turn may cause more impairment than a series of several 
intermittent softer sounds with the same total energy (Ward, 1997). 
Additionally, though TTS is temporary, prolonged exposure to sounds 
strong enough to elicit TTS, or shorter-term exposure to sound levels 
well above the TTS threshold, can cause PTS, at least in terrestrial 
mammals (Kryter, 1985). In the case of the seismic survey, animals are 
not expected to be exposed to levels high enough or durations long 
enough to result in PTS.
    PTS is considered auditory injury (Southall et al., 2007). 
Irreparable damage to the inner or outer cochlear hair cells may cause 
PTS; however, other mechanisms are also involved, such as exceeding the 
elastic limits of certain tissues and membranes in the middle and inner 
ears and resultant changes in the chemical composition of the inner ear 
fluids (Southall et al., 2007).
    Although the published body of scientific literature contains 
numerous theoretical studies and discussion papers on hearing 
impairments that can occur with exposure to a loud sound,

[[Page 14924]]

only a few studies provide empirical information on the levels at which 
noise-induced loss in hearing sensitivity occurs in nonhuman animals. 
For marine mammals, published data are limited to the captive 
bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless 
porpoise (Finneran et al., 2000, 2002b, 2003, 2005a, 2007, 2010a, 
2010b; Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al., 
2009a, 2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; 
Schlundt et al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in 
water, data are limited to measurements of TTS in harbor seals, an 
elephant seal, and California sea lions (Kastak et al., 1999, 2005; 
Kastelein et al., 2012b).
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to serious 
(similar to those discussed in auditory masking, below). For example, a 
marine mammal may be able to readily compensate for a brief, relatively 
small amount of TTS in a non-critical frequency range that occurs 
during a time where ambient noise is lower and there are not as many 
competing sounds present. Alternatively, a larger amount and longer 
duration of TTS sustained during time when communication is critical 
for successful mother/calf interactions could have more serious 
impacts. Similarly, depending on the degree and frequency range, the 
effects of PTS on an animal could range in severity, although it is 
considered generally more serious because it is a permanent condition. 
Of note, reduced hearing sensitivity as a simple function of aging has 
been observed in marine mammals, as well as humans and other taxa 
(Southall et al., 2007), so we can infer that strategies exist for 
coping with this condition to some degree, though likely not without 
cost.
    Given the higher level of sound necessary to cause PTS as compared 
with TTS, it is considerably less likely that PTS would occur during 
the proposed seismic surveys in Cook Inlet. Cetaceans generally avoid 
the immediate area around operating seismic vessels, as do some other 
marine mammals. Some pinnipeds show avoidance reactions to airguns, but 
their avoidance reactions are generally not as strong or consistent as 
those of cetaceans, and occasionally they seem to be attracted to 
operating seismic vessels (NMFS, 2010).
    Non-auditory Physical Effects: Non-auditory physical effects might 
occur in marine mammals exposed to strong underwater pulsed sound. 
Possible types of non-auditory physiological effects or injuries that 
theoretically might occur in mammals close to a strong sound source 
include stress, neurological effects, bubble formation, and other types 
of organ or tissue damage. Some marine mammal species (i.e., beaked 
whales) may be especially susceptible to injury and/or stranding when 
exposed to strong pulsed sounds.
    Classic stress responses begin when an animal's central nervous 
system perceives a potential threat to its homeostasis. That perception 
triggers stress responses regardless of whether a stimulus actually 
threatens the animal; the mere perception of a threat is sufficient to 
trigger a stress response (Moberg, 2000; Sapolsky et al., 2005; Seyle, 
1950). Once an animal's central nervous system perceives a threat, it 
mounts a biological response or defense that consists of a combination 
of the four general biological defense responses: behavioral responses; 
autonomic nervous system responses; neuroendocrine responses; or immune 
responses.
    In the case of many stressors, an animal's first and most 
economical (in terms of biotic costs) response is behavioral avoidance 
of the potential stressor or avoidance of continued exposure to a 
stressor. An animal's second line of defense to stressors involves the 
sympathetic part of the autonomic nervous system and the classical 
``fight or flight'' response, which includes the cardiovascular system, 
the gastrointestinal system, the exocrine glands, and the adrenal 
medulla to produce changes in heart rate, blood pressure, and 
gastrointestinal activity that humans commonly associate with 
``stress.'' These responses have a relatively short duration and may or 
may not have significant long-term effects on an animal's welfare.
    An animal's third line of defense to stressors involves its 
neuroendocrine or sympathetic nervous systems; the system that has 
received the most study has been the hypothalmus-pituitary-adrenal 
system (also known as the HPA axis in mammals or the hypothalamus-
pituitary-interrenal axis in fish and some reptiles). Unlike stress 
responses associated with the autonomic nervous system, virtually all 
neuroendocrine functions that are affected by stress--including immune 
competence, reproduction, metabolism, and behavior--are regulated by 
pituitary hormones. Stress-induced changes in the secretion of 
pituitary hormones have been implicated in failed reproduction (Moberg, 
1987; Rivier, 1995), altered metabolism (Elasser et al., 2000), reduced 
immune competence (Blecha, 2000), and behavioral disturbance. Increases 
in the circulation of glucocorticosteroids (cortisol, corticosterone, 
and aldosterone in marine mammals; see Romano et al., 2004) have been 
equated with stress for many years.
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and distress is the biotic cost 
of the response. During a stress response, an animal uses glycogen 
stores that can be quickly replenished once the stress is alleviated. 
In such circumstances, the cost of the stress response would not pose a 
risk to the animal's welfare. However, when an animal does not have 
sufficient energy reserves to satisfy the energetic costs of a stress 
response, energy resources must be diverted from other biotic 
functions, which impair those functions that experience the diversion. 
For example, when mounting a stress response diverts energy away from 
growth in young animals, those animals may experience stunted growth. 
When mounting a stress response diverts energy from a fetus, an 
animal's reproductive success and fitness will suffer. In these cases, 
the animals will have entered a pre-pathological or pathological state 
which is called ``distress'' (sensu Seyle, 1950) or ``allostatic 
loading'' (sensu McEwen and Wingfield, 2003). This pathological state 
will last until the animal replenishes its biotic reserves sufficient 
to restore normal function. Note that these examples involved a long-
term (days or weeks) stress response due to exposure to stimuli.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses have also been documented 
fairly well through controlled experiment; because this physiology 
exists in every vertebrate that has been studied, it is not surprising 
that stress responses and their costs have been documented in both 
laboratory and free-living animals (for examples see, Holberton et al., 
1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004; 
Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer, 
2000). Although no information has been collected on the physiological 
responses of marine mammals to anthropogenic sound exposure, studies of 
other marine animals and terrestrial animals would lead us to expect 
some

[[Page 14925]]

marine mammals to experience physiological stress responses and, 
perhaps, physiological responses that would be classified as 
``distress'' upon exposure to anthropogenic sounds.
    For example, Jansen (1998) reported on the relationship between 
acoustic exposures and physiological responses that are indicative of 
stress responses in humans (e.g., elevated respiration and increased 
heart rates). Jones (1998) reported on reductions in human performance 
when faced with acute, repetitive exposures to acoustic disturbance. 
Trimper et al. (1998) reported on the physiological stress responses of 
osprey to low-level aircraft noise while Krausman et al. (2004) 
reported on the auditory and physiology stress responses of endangered 
Sonoran pronghorn to military overflights. Smith et al. (2004a, 2004b) 
identified noise-induced physiological transient stress responses in 
hearing-specialist fish (i.e., goldfish) that accompanied short- and 
long-term hearing losses. Welch and Welch (1970) reported physiological 
and behavioral stress responses that accompanied damage to the inner 
ears of fish and several mammals.
    Hearing is one of the primary senses marine mammals use to gather 
information about their environment and communicate with conspecifics. 
Although empirical information on the effects of sensory impairment 
(TTS, PTS, and acoustic masking) on marine mammals remains limited, we 
assume that reducing a marine mammal's ability to gather information 
about its environment and communicate with other members of its species 
would induce stress, based on data that terrestrial animals exhibit 
those responses under similar conditions (NRC, 2003) and because marine 
mammals use hearing as their primary sensory mechanism. Therefore, we 
assume that acoustic exposures sufficient to trigger onset PTS or TTS 
would be accompanied by physiological stress responses. However, marine 
mammals also might experience stress responses at received levels lower 
than those necessary to trigger onset TTS. Based on empirical studies 
of the time required to recover from stress responses (Moberg, 2000), 
NMFS also assumes that stress responses could persist beyond the time 
interval required for animals to recover from TTS and might result in 
pathological and pre-pathological states that would be as significant 
as behavioral responses to TTS. Resonance effects (Gentry, 2002) and 
direct noise-induced bubble formations (Crum et al., 2005) are 
implausible in the case of exposure to an impulsive broadband source 
like an airgun array. If seismic surveys disrupt diving patterns of 
deep-diving species, this might result in bubble formation and a form 
of the bends, as speculated to occur in beaked whales exposed to sonar. 
However, there is no specific evidence of this upon exposure to airgun 
pulses. Additionally, no beaked whale species occur in the proposed 
seismic survey area.
    In general, very little is known about the potential for strong, 
anthropogenic underwater sounds to cause non-auditory physical effects 
in marine mammals. Such effects, if they occur at all, would presumably 
be limited to short distances and to activities that extend over a 
prolonged period. The available data do not allow identification of a 
specific exposure level above which non-auditory effects can be 
expected (Southall et al., 2007) or any meaningful quantitative 
predictions of the numbers (if any) of marine mammals that might be 
affected in those ways. There is no definitive evidence that any of 
these effects occur even for marine mammals in close proximity to large 
arrays of airguns. In addition, marine mammals that show behavioral 
avoidance of seismic vessels, including belugas and some pinnipeds, are 
especially unlikely to incur non-auditory impairment or other physical 
effects. Therefore, it is unlikely that such effects would occur during 
SAE's proposed surveys given the brief duration of exposure and the 
planned monitoring and mitigation measures described later in this 
document.
    Stranding and Mortality: Marine mammals close to underwater 
detonations of high explosive can be killed or severely injured, and 
the auditory organs are especially susceptible to injury (Ketten et al. 
1993; Ketten 1995). Airgun pulses are less energetic and their peak 
amplitudes have slower rise times. To date, there is no evidence that 
serious injury, death, or stranding by marine mammals can occur from 
exposure to air gun pulses, even in the case of large air gun arrays.
    However, in past IHA notices for seismic surveys, commenters have 
referenced two stranding events allegedly associated with seismic 
activities, one off Baja California and a second off Brazil. NMFS has 
addressed this concern several times, including in the Federal Register 
notice announcing the IHA for Apache Alaska's first seismic survey in 
2012. Readers are encouraged to review NMFS's response to comments on 
this matter found in 69 FR 74905 (December 14, 2004), 71 FR 43112 (July 
31, 2006), 71 FR 50027 (August 24, 2006), 71 FR 49418 (August 23, 
2006), and 77 FR 27720 (May 11, 2012).
    It should be noted that strandings related to sound exposure have 
not been recorded for marine mammal species in Cook Inlet. Beluga whale 
strandings in Cook Inlet are not uncommon; however, these events often 
coincide with extreme tidal fluctuations (``spring tides'') or killer 
whale sightings (Shelden et al., 2003). For example, in August 2012, a 
group of Cook Inlet beluga whales stranded in the mud flats of 
Turnagain Arm during low tide and were able to swim free with the flood 
tide. No strandings or marine mammals in distress were observed during 
the 2D test survey conducted by Apache in March 2011, and none were 
reported by Cook Inlet inhabitants. As a result, NMFS does not expect 
any marine mammals will incur serious injury or mortality in Cook Inlet 
or strand as a result of the proposed seismic survey.

2. Potential Effects From Pingers on Marine Mammals

    Active acoustic sources other than the airguns have been proposed 
for SAE's oil and gas exploration seismic survey program in Cook Inlet. 
The specifications for the pingers (source levels and frequency ranges) 
were provided earlier in this document. In general, pingers are known 
to cause behavioral disturbance and are commonly used to deter marine 
mammals from commercial fishing gear or fish farms. Due to the 
potential to change marine mammal behavior, shut downs described for 
airguns will also be applied to pinger use.

Vessel Impacts

    Vessel activity and noise associated with vessel activity will 
temporarily increase in the action area during SAE's seismic survey as 
a result of the operation of nine vessels. To minimize the effects of 
vessels and noise associated with vessel activity, SAE will follow 
NMFS's Marine Mammal Viewing Guidelines and Regulations and will alter 
heading or speed if a marine mammal gets too close to a vessel. In 
addition, vessels will be operating at slow speed (4-5 knots) when 
conducting surveys and in a purposeful manner to and from work sites in 
as direct a route as possible. Marine mammal monitoring observers and 
passive acoustic devices will alert vessel captains as animals are 
detected to ensure safe and effective measures are applied to avoid 
coming into direct contact with marine mammals. Therefore, NMFS neither 
anticipates nor authorizes takes of marine mammals from ship strikes.

[[Page 14926]]

    Odontocetes, such as beluga whales, killer whales, and harbor 
porpoises, often show tolerance to vessel activity; however, they may 
react at long distances if they are confined by ice, shallow water, or 
were previously harassed by vessels (Richardson et al., 1995). Beluga 
whale response to vessel noise varies greatly from tolerance to extreme 
sensitivity depending on the activity of the whale and previous 
experience with vessels (Richardson et al., 1995). Reactions to vessels 
depend on whale activities and experience, habitat, boat type, and boat 
behavior (Richardson et al., 1995) and may include behavioral 
responses, such as altered headings or avoidance (Blane and Jaakson, 
1994; Erbe and Farmer, 2000); fast swimming; changes in vocalizations 
(Lesage et al., 1999; Scheifele et al., 2005); and changes in dive, 
surfacing, and respiration patterns.
    There are few data published on pinniped responses to vessel 
activity, and most of the information is anecdotal (Richardson et al., 
1995). Generally, sea lions in water show tolerance to close and 
frequently approaching vessels and sometimes show interest in fishing 
vessels. They are less tolerant when hauled out on land; however, they 
rarely react unless the vessel approaches within 100-200 m (330-660 ft; 
reviewed in Richardson et al., 1995).

Entanglement

    Although some of SAE's equipment contains cables or lines, the risk 
of entanglement is extremely remote. Additionally, mortality from 
entanglement is not anticipated. The material used by SAE and the 
amount of slack is not anticipated to allow for marine mammal 
entanglements.

Anticipated Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammal habitat and other 
marine species are associated with elevated sound levels produced by 
airguns and other active acoustic sources. However, other potential 
impacts to the surrounding habitat from physical disturbance are also 
possible. This section describes the potential impacts to marine mammal 
habitat from the specified activity. Because the marine mammals in the 
area feed on fish and/or invertebrates there is also information on the 
species typically preyed upon by the marine mammals in the area. As 
noted earlier, upper Cook Inlet is an important feeding and calving 
area for the Cook Inlet beluga whale and critical habitat has been 
designated for this species in the proposed seismic survey area.

Common Marine Mammal Prey in the Project Area

    Fish are the primary prey species for marine mammals in upper Cook 
Inlet. Beluga whales feed on a variety of fish, shrimp, squid, and 
octopus (Burns and Seaman, 1986). Common prey species in Knik Arm 
include salmon, eulachon and cod. Harbor seals feed on fish such as 
pollock, cod, capelin, eulachon, Pacific herring, and salmon, as well 
as a variety of benthic species, including crabs, shrimp, and 
cephalopods. Harbor seals are also opportunistic feeders with their 
diet varying with season and location. The preferred diet of the harbor 
seal in the Gulf of Alaska consists of pollock, octopus, capelin, 
eulachon, and Pacific herring (Calkins, 1989). Other prey species 
include cod, flat fishes, shrimp, salmon, and squid (Hoover, 1988). 
Harbor porpoises feed primarily on Pacific herring, cod, whiting 
(hake), pollock, squid, and octopus (Leatherwood et al., 1982). In the 
upper Cook Inlet area, harbor porpoise feed on squid and a variety of 
small schooling fish, which would likely include Pacific herring and 
eulachon (Bowen and Siniff, 1999; NMFS, unpublished data). Killer 
whales feed on either fish or other marine mammals depending on genetic 
type (resident versus transient respectively). Killer whales in Knik 
Arm are typically the transient type (Shelden et al., 2003) and feed on 
beluga whales and other marine mammals, such as harbor seal and harbor 
porpoise. The Steller sea lion diet consists of a variety of fishes 
(capelin, cod, herring, mackerel, pollock, rockfish, salmon, sand 
lance, etc.), bivalves, squid, octopus, and gastropods.
Potential Impacts on Prey Species
    With regard to fish as a prey source for cetaceans and pinnipeds, 
fish are known to hear and react to sounds and to use sound to 
communicate (Tavolga et al., 1981) and possibly avoid predators (Wilson 
and Dill, 2002). Experiments have shown that fish can sense both the 
strength and direction of sound (Hawkins, 1981). Primary factors 
determining whether a fish can sense a sound signal, and potentially 
react to it, are the frequency of the signal and the strength of the 
signal in relation to the natural background sound level.
    Fishes produce sounds that are associated with behaviors that 
include territoriality, mate search, courtship, and aggression. It has 
also been speculated that sound production may provide the means for 
long distance communication and communication under poor underwater 
visibility conditions (Zelick et al., 1999), although the fact that 
fish communicate at low-frequency sound levels where the masking 
effects of ambient noise are naturally highest suggests that very long 
distance communication would rarely be possible. Fishes have evolved a 
diversity of sound generating organs and acoustic signals of various 
temporal and spectral contents. Fish sounds vary in structure, 
depending on the mechanism used to produce them (Hawkins, 1993). 
Generally, fish sounds are predominantly composed of low frequencies 
(less than 3 kHz).
    Since objects in the water scatter sound, fish are able to detect 
these objects through monitoring the ambient noise. Therefore, fish are 
probably able to detect prey, predators, conspecifics, and physical 
features by listening to environmental sounds (Hawkins, 1981). There 
are two sensory systems that enable fish to monitor the vibration-based 
information of their surroundings. The two sensory systems, the inner 
ear and the lateral line, constitute the acoustico-lateralis system.
    Although the hearing sensitivities of very few fish species have 
been studied to date, it is becoming obvious that the intra- and inter-
specific variability is considerable (Coombs, 1981). Nedwell et al. 
(2004) compiled and published available fish audiogram information. A 
noninvasive electrophysiological recording method known as auditory 
brainstem response is now commonly used in the production of fish 
audiograms (Yan, 2004). Popper and Carlson (1998) and the Navy (2001) 
found that fish generally perceive underwater sounds in the frequency 
range of 50-2,000 Hz, with peak sensitivities below 800 Hz. Even though 
some fish are able to detect sounds in the ultrasonic frequency range, 
the thresholds at these higher frequencies tend to be considerably 
higher than those at the lower end of the auditory frequency range.
    Fish are sensitive to underwater impulsive sounds due to swim 
bladder resonance. As the pressure wave passes through a fish, the swim 
bladder is rapidly squeezed as the high pressure wave, and then the 
under pressure component of the wave, passes through the fish. The swim 
bladder may repeatedly expand and contract at the high sound pressure 
levels, creating pressure on the internal organs surrounding the swim 
bladder.
    Literature relating to the impacts of sound on marine fish species 
can be divided into the following categories: (1) Pathological effects; 
(2) physiological effects; and (3) behavioral effects. Pathological 
effects include lethal and

[[Page 14927]]

sub-lethal physical damage to fish; physiological effects include 
primary and secondary stress responses; and behavioral effects include 
changes in exhibited behaviors of fish. Behavioral changes might be a 
direct reaction to a detected sound or a result of the anthropogenic 
sound masking natural sounds that the fish normally detect and to which 
they respond. The three types of effects are often interrelated in 
complex ways. For example, some physiological and behavioral effects 
could potentially lead to the ultimate pathological effect of 
mortality. Hastings and Popper (2005) reviewed what is known about the 
effects of sound on fishes and identified studies needed to address 
areas of uncertainty relative to measurement of sound and the responses 
of fishes. Popper et al. (2003/2004) also published a paper that 
reviews the effects of anthropogenic sound on the behavior and 
physiology of fishes.
    The level of sound at which a fish will react or alter its behavior 
is usually well above the detection level. Fish have been found to 
react to sounds when the sound level increased to about 20 dB above the 
detection level of 120 dB (Ona, 1988); however, the response threshold 
can depend on the time of year and the fish's physiological condition 
(Engas et al., 1993). In general, fish react more strongly to pulses of 
sound rather than a continuous signal (Blaxter et al., 1981), and a 
quicker alarm response is elicited when the sound signal intensity 
rises rapidly compared to sound rising more slowly to the same level.
    Investigations of fish behavior in relation to vessel noise (Olsen 
et al., 1983; Ona, 1988; Ona and Godo, 1990) have shown that fish react 
when the sound from the engines and propeller exceeds a certain level. 
Avoidance reactions have been observed in fish such as cod and herring 
when vessels approached close enough that received sound levels are 110 
dB to 130 dB (Nakken, 1992; Olsen, 1979; Ona and Godo, 1990; Ona and 
Toresen, 1988). However, other researchers have found that fish such as 
polar cod, herring, and capelin are often attracted to vessels 
(apparently by the noise) and swim toward the vessel (Rostad et al., 
2006). Typical sound source levels of vessel noise in the audible range 
for fish are 150 dB to 170 dB (Richardson et al., 1995).
    Carlson (1994), in a review of 40 years of studies concerning the 
use of underwater sound to deter salmonids from hazardous areas at 
hydroelectric dams and other facilities, concluded that salmonids were 
able to respond to low-frequency sound and to react to sound sources 
within a few feet of the source. He speculated that the reason that 
underwater sound had no effect on salmonids at distances greater than a 
few feet is because they react to water particle motion/acceleration, 
not sound pressures. Detectable particle motion is produced within very 
short distances of a sound source, although sound pressure waves travel 
farther.

Potential Impacts to the Benthic Environment

    SAE's seismic survey requires the deployment of a submersible 
recording system in the inter-tidal and marine zones. An autonomous 
``nodal'' (i.e., no cables) system would be placed on the seafloor by 
specific vessels in lines parallel to each other with a node line 
spacing of 402 m (0.25 mi). Each nodal ``patch'' would have 32 node 
lines parallel to each other. The lines generally run perpendicular to 
the shoreline. An entire patch would be placed on the seafloor prior to 
airgun activity. As the patches are surveyed, the node lines would be 
moved either side to side or inline to the next location. Placement and 
retrieval of the nodes may cause temporary and localized increases in 
turbidity on the seafloor. The substrate of Cook Inlet consists of 
glacial silt, clay, cobbles, pebbles, and sand (Sharma and Burrell, 
1970). Sediments like sand and cobble dissipate quickly when suspended, 
but finer materials like clay and silt can create thicker plumes that 
may harm fish; however, the turbidity created by placing and removing 
nodes on the seafloor would settle to background levels within minutes 
after the cessation of activity.
    In addition, seismic noise will radiate throughout the water column 
from airguns and pingers until it dissipates to background levels. No 
studies have demonstrated that seismic noise affects the life stages, 
condition, or amount of food resources (fish, invertebrates, eggs) used 
by marine mammals, except when exposed to sound levels within a few 
meters of the seismic source or in few very isolated cases. Where fish 
or invertebrates did respond to seismic noise, the effects were 
temporary and of short duration. Consequently, disturbance to fish 
species due to the activities associated with the seismic survey (i.e., 
placement and retrieval of nodes and noise from sound sources) would be 
short term and fish would be expected to return to their pre-
disturbance behavior once seismic survey activities cease.
    Based on the preceding discussion, the proposed activity is not 
expected to have any habitat-related effects that could cause 
significant or long-term consequences for individual marine mammals or 
their populations.

Proposed Mitigation

    In order to issue an incidental take authorization (ITA) under 
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible 
methods of taking pursuant to such activity, and other means of 
effecting the least practicable impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant).

Mitigation Measures Proposed by SAE

    For the proposed mitigation measures, SAE listed the following 
protocols to be implemented during its seismic survey program in Cook 
Inlet.
1. Operation of Mitigation Airgun at Night
    SAE proposes to conduct both daytime and nighttime operations. 
Nighttime operations would be initiated only if a ``mitigation airgun'' 
(typically the 10 in\3\) has been continuously operational from the 
time that PSO monitoring has ceased for the day. Seismic activity would 
not ramp up from an extended shut-down (i.e., when the airgun has been 
down with no activity for at least 10 minutes) during nighttime 
operations, and survey activities would be suspended until the 
following day. At night, the vessel captain and crew would maintain 
lookout for marine mammals and would order the airgun(s) to be shut 
down if marine mammals are observed in or about to enter the 
established exclusion zones.
2. Exclusion and Disturbance Zones
    SAE proposes to establish exclusion zones to avoid Level A 
harassment (``injury exclusion zone'') of all marine mammals and to 
avoid Level B harassment (``disturbance exclusion zone'') of any beluga 
whales or groups of five or more killer whales or harbor porpoises 
detected within the designated zones. The injury exclusion zone will 
correspond to the area around the source within which received levels 
equal or exceed 180 dB re 1 [micro]Pa [rms] for cetaceans and 190 dB re 
1 [micro]Pa [rms] for pinnipeds and SAE will shut down or power down 
operations if any marine mammals are seen approaching or entering this 
zone (more detail below). The disturbance exclusion zone will 
correspond to the area around the

[[Page 14928]]

source within which received levels equal or exceed 160 dB re 1 
[micro]Pa [rms] and SAE will implement power down and/or shutdown 
measures, as appropriate, if any beluga whales or group of five or more 
killer whales or harbor porpoises are seen entering or approaching the 
disturbance exclusion zone.
3. Power Down and Shutdown Procedures
    A power down is the immediate reduction in the number of operating 
energy sources from a full array firing to a mitigation airgun. A 
shutdown is the immediate cessation of firing of all energy sources. 
The arrays will be immediately powered down whenever a marine mammal is 
sighted approaching close to or within the applicable exclusion zone of 
the full arrays but is outside the applicable exclusion zone of the 
single source. If a marine mammal is sighted within the applicable 
exclusion zone of the single energy source, the entire array will be 
shutdown (i.e., no sources firing). Following a power down or a 
shutdown, airgun activity will not resume until the marine mammal has 
clearly left the applicable injury or disturbance exclusion zone. The 
animal will be considered to have cleared the zone if it: (1) Is 
visually observed to have left the zone; (2) has not been seen within 
the zone for 15 minutes in the case of pinnipeds and small odontocetes; 
or (3) has not been seen within the zone for 30 minutes in the case of 
large odontocetes, including killer whales and belugas.
4. Ramp-up Procedures
    A ramp-up of an airgun array provides a gradual increase in sound 
levels, and involves a step-wise increase in the number and total 
volume of air guns firing until the full volume is achieved. The 
purpose of a ramp-up (or ``soft start'') is to ``warn'' cetaceans and 
pinnipeds in the vicinity of the airguns and to provide the time for 
them to leave the area and thus avoid any potential injury or 
impairment of their hearing abilities.
    During the proposed seismic survey, the seismic operator will ramp 
up the airgun array slowly. NMFS proposes that the rate of ramp-up to 
be no more than 6 dB per 5-minute period. Ramp-up is used at the start 
of airgun operations, after a power- or shut-down, and after any period 
of greater than 10 minutes in duration without airgun operations (i.e., 
extended shutdown).
    A full ramp-up after a shutdown will not begin until there has been 
a minimum of 30 minutes of observation of the applicable exclusion zone 
by PSOs to assure that no marine mammals are present. The entire 
exclusion zone must be visible during the 30-minute lead-in to a full 
ramp up. If the entire exclusion zone is not visible, then ramp-up from 
a cold start cannot begin. If a marine mammal(s) is sighted within the 
injury exclusion zone during the 30-minute watch prior to ramp-up, 
ramp-up will be delayed until the marine mammal(s) is sighted outside 
of the zone or the animal(s) is not sighted for at least 15-30 minutes: 
15 minutes for small odontocetes and pinnipeds (e.g. harbor porpoises, 
harbor seals, and Steller sea lions), or 30 minutes for large 
odontocetes (e.g., killer whales and beluga whales).
5. Speed or Course Alteration
    If a marine mammal is detected outside the Level A injury exclusion 
zone and, based on its position and the relative motion, is likely to 
enter that zone, the vessel's speed and/or direct course may, when 
practical and safe, be changed to also minimize the effect on the 
seismic program. This can be used in coordination with a power down 
procedure. The marine mammal activities and movements relative to the 
seismic and support vessels will be closely monitored to ensure that 
the marine mammal does not approach within the applicable exclusion 
radius. If the mammal appears likely to enter the exclusion radius, 
further mitigative actions will be taken, i.e., either further course 
alterations, power down, or shut down of the airgun(s).
6. Measures for Beluga Whales and Groups of Killer Whales and Harbor 
Porpoises
    The following additional protective measures for beluga whales and 
groups of five or more killer whales and harbor porpoises are proposed. 
Specifically, a 160-dB vessel monitoring zone would be established and 
monitored in Cook Inlet during all seismic surveys. If a beluga whale 
or groups of five or more killer whales and/or harbor porpoises are 
visually sighted approaching or within the 160-dB disturbance zone, 
survey activity would not commence until the animals are no longer 
present within the 160-dB disturbance zone. Whenever beluga whales or 
groups of five or more killer whales and/or harbor porpoises are 
detected approaching or within the 160-dB disturbance zone, the airguns 
may be powered down before the animal is within the 160-dB disturbance 
zone, as an alternative to a complete shutdown. If a power down is not 
sufficient, the sound source(s) shall be shut-down until the animals 
are no longer present within the 160-dB zone.

Additional Mitigation Measures Proposed by NMFS

    In addition to the mitigation measures above, NMFS proposes 
implementation of the following mitigation measures.
    SAE will not operate airguns within 10 miles (16 km) of the mean 
higher high water (MHHW) line of the Susitna Delta (Beluga River to the 
Little Susitna River) between April 15 and October 15. The purpose of 
this mitigation measure is to protect beluga whales in the designated 
critical habitat in this area that is important for beluga whale 
feeding and calving during the spring and fall months. The range of the 
setback required by NMFS was designated to protect this important 
habitat area and also to create an effective buffer where sound does 
not encroach on this habitat. This seasonal exclusion is proposed to be 
in effect from April 15-October 15. Activities can occur within this 
area from October 16-April 14.
    The mitigation airgun will be operated at approximately one shot 
per minute, only during daylight and when there is good visibility, and 
will not be operated for longer than 3 hours in duration. In cases when 
the next start-up after the turn is expected to be during lowlight or 
low visibility, use of the mitigation airgun may be initiated 30 
minutes before darkness or low visibility conditions occur and may be 
operated until the start of the next seismic acquisition line. The 
mitigation gun must still be operated at approximately one shot per 
minute.
    NMFS proposes that SAE must suspend seismic operations if a live 
marine mammal stranding is reported in Cook Inlet coincident to, or 
within 72 hours of, seismic survey activities involving the use of 
airguns (regardless of any suspected cause of the stranding). The 
shutdown must occur if the animal is within a distance two times that 
of the 160 dB isopleth of the largest airgun array configuration in 
use. This distance was chosen to create an additional buffer beyond the 
distance at which animals would typically be considered harassed, as 
animals involved in a live stranding event are likely compromised, with 
potentially increased susceptibility to stressors, and the goal is to 
decrease the likelihood that they are further disturbed or impacted by 
the seismic survey, regardless of what the original cause of the 
stranding event was. Shutdown procedures will remain in effect until 
NMFS determines and advises SAE that all live animals involved in the 
stranding have left the

[[Page 14929]]

area (either of their own volition or following herding by responders).
    Finally, NMFS proposes that if any marine mammal species are 
encountered, during seismic activities for which take is not 
authorized, that are likely to be exposed to sound pressure levels 
(SPLs) greater than or equal to 160 dB re 1 [micro]Pa (rms), then SAE 
must alter speed or course, power down or shut-down the sound source to 
avoid take of those species.

Mitigation Conclusions

    NMFS has carefully evaluated SAE's proposed mitigation measures and 
considered a range of other measures in the context of ensuring that 
NMFS prescribes the means of effecting the least practicable adverse 
impact on the affected marine mammal species and stocks and their 
habitat. Our evaluation of potential measures included consideration of 
the following factors in relation to one another:
    <bullet> The manner in which, and the degree to which, the 
successful implementation of the measures are expected to minimize 
adverse impacts to marine mammals;
    <bullet> The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    <bullet> The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of seismic airguns, or other activities expected to result in 
the take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels of seismic airguns or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of seismic airguns or other activities expected to result in the 
take of marine mammals (this goal may contribute to 1, above, or to 
reducing the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable adverse impact on marine mammals 
species or stocks and their habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the proposed action area. 
SAE submitted information regarding marine mammal monitoring to be 
conducted during seismic operations as part of the proposed IHA 
application. That information can be found in Sections 11 and 13 of the 
application. The monitoring measures may be modified or supplemented 
based on comments or new information received from the public during 
the public comment period.
    Monitoring measures proposed by the applicant or prescribed by NMFS 
should contribute to or accomplish one or more of the following top-
level goals:
    1. An increase in our understanding of the likely occurrence of 
marine mammal species in the vicinity of the action, i.e., presence, 
abundance, distribution, and/or density of species.
    2. An increase in our understanding of the nature, scope, or 
context of the likely exposure of marine mammal species to any of the 
potential stressor(s) associated with the action (e.g. sound or visual 
stimuli), through better understanding of one or more of the following: 
the action itself and its environment (e.g. sound source 
characterization, propagation, and ambient noise levels); the affected 
species (e.g. life history or dive pattern); the likely co-occurrence 
of marine mammal species with the action (in whole or part) associated 
with specific adverse effects; and/or the likely biological or 
behavioral context of exposure to the stressor for the marine mammal 
(e.g. age class of exposed animals or known pupping, calving or feeding 
areas).
    3. An increase in our understanding of how individual marine 
mammals respond (behaviorally or physiologically) to the specific 
stressors associated with the action (in specific contexts, where 
possible, e.g., at what distance or received level).
    4. An increase in our understanding of how anticipated individual 
responses, to individual stressors or anticipated combinations of 
stressors, may impact either: the long-term fitness and survival of an 
individual; or the population, species, or stock (e.g., through effects 
on annual rates of recruitment or survival).
    5. An increase in our understanding of how the activity affects 
marine mammal habitat, such as through effects on prey sources or 
acoustic habitat (e.g., through characterization of longer-term 
contributions of multiple sound sources to rising ambient noise levels 
and assessment of the potential chronic effects on marine mammals).
    6. An increase in understanding of the impacts of the activity on 
marine mammals in combination with the impacts of other anthropogenic 
activities or natural factors occurring in the region.
    7. An increase in our understanding of the effectiveness of 
mitigation and monitoring measures.
    8. An increase in the probability of detecting marine mammals 
(through improved technology or methodology), both specifically within 
the safety zone (thus allowing for more effective implementation of the 
mitigation) and in general, to better achieve the above goals.

Proposed Monitoring Measures

1. Visual Vessel-Based Monitoring
    Vessel-based monitoring for marine mammals would be done by 
experienced PSOs throughout the period of marine survey activities. 
PSOs

[[Page 14930]]

would monitor the occurrence and behavior of marine mammals near the 
survey vessel during all daylight periods (nautical dawn to nautical 
dusk) during operation and during most daylight periods when airgun 
operations are not occurring. PSO duties would include watching for and 
identifying marine mammals, recording their numbers, distances, and 
reactions to the survey operations, and documenting observed ``take by 
harassment'' as defined by NMFS.
    A minimum number of six PSOs (two per source vessel and two per 
support vessel) would be required onboard the survey vessel to meet the 
following criteria: (1) 100 Percent monitoring coverage during all 
periods of survey operations in daylight (nautical twilight-dawn to 
nautical twilight-dusk; (2) maximum of 4 consecutive hours on watch per 
PSO; and (3) maximum of 12 hours of watch time per day per PSO.
    PSO teams would consist of NMFS-approved field biologists. An 
experienced field crew leader would supervise the PSO team onboard the 
survey vessel. SAE currently plans to have PSOs aboard three vessels: 
The two source vessels and one support vessel (M/V Dreamcatcher). Two 
PSOs would be on the source vessels, and two PSOs would be on the 
support vessel to observe and implement the exclusion, power down, and 
shut down areas. When marine mammals are about to enter or are sighted 
within designated harassment and exclusion zones, airgun or pinger 
operations would be powered down (when applicable) or shut down 
immediately. The vessel-based observers would watch for marine mammals 
during all periods when sound sources are in operation and for a 
minimum of 30 minutes prior to the start of airgun or pinger operations 
after an extended shut down.
    The observer(s) would watch for marine mammals from the best 
available vantage point on the source and support vessels, typically 
the flying bridge. The observer(s) would scan systematically with the 
unaided eye and 7 x 50 reticle binoculars, assisted by 40 x 80 long-
range binoculars.
    All observations would be recorded in a standardized format. When a 
mammal sighting is made, the following information about the sighting 
would be recorded:
    <bullet> Species, group size, age/size/sex categories (if 
determinable), sighting cue, behavior when first sighted and after 
initial sighting, time of sighting, heading (if consistent), bearing 
and distance from the PSO, direction and speed relative to vessel, 
apparent reaction to activities (e.g., none, avoidance, approach, 
paralleling, etc.), closest point of approach, and behavioral pace;
    <bullet> Time, location, speed, activity of the vessel (e.g., 
seismic airguns off, pingers on, etc.), sea state, ice cover, 
visibility, and sun glare; and
    <bullet> The positions of other vessel(s) in the vicinity of the 
PSO location.
    The ship's position, speed of support vessels, and water 
temperature, water depth, sea state, ice cover, visibility, and sun 
glare would also be recorded at the start and end of each observation 
watch, every 30 minutes during a watch, and whenever there is a change 
in any of those variables.
2. Visual Shore-Based Monitoring
    In addition to the vessel-based PSOs, SAE proposes to utilize 
shore-based monitoring daily in the event of summer seismic activity 
occurring nearshore to Cook Inlet beluga Critical Habitat Area 1, to 
visually monitor for marine mammals. The shore-based PSOs would scan 
the area prior to, during, and after the airgun operations and would be 
in contact with the vessel-based PSOs via radio to communicate 
sightings of marine mammals approaching or within the project area. 
This communication will allow the vessel-based observers to go on a 
``heightened'' state of alert regarding occurrence of marine mammals in 
the area and aid in timely implementation of mitigation measures.

Reporting Measures

    Immediate reports will be submitted to NMFS if 25 belugas are 
detected in the Level B disturbance exclusion zone to evaluate and make 
necessary adjustments to monitoring and mitigation. If the number of 
detected takes for any marine mammal species is met or exceeded, SAE 
will immediately cease survey operations involving the use of active 
sound sources (e.g., airguns and pingers) and notify NMFS.
1. Weekly Reports
    SAE would submit a weekly field report to NMFS Headquarters as well 
as the Alaska Regional Office, no later than close of business each 
Thursday during the weeks when in-water seismic survey activities take 
place. The weekly field reports would summarize species detected 
(number, location, distance from seismic vessel, behavior), in-water 
activity occurring at the time of the sighting (discharge volume of 
array at time of sighting, seismic activity at time of sighting, visual 
plots of sightings, and number of power downs and shutdowns), 
behavioral reactions to in-water activities, and the number of marine 
mammals exposed.
2. Monthly Reports
    Monthly reports will be submitted to NMFS for all months during 
which in-water seismic activities take place. The monthly report will 
contain and summarize the following information:
    <bullet> Dates, times, locations, heading, speed, weather, sea 
conditions (including Beaufort sea state and wind force), and 
associated activities during all seismic operations and marine mammal 
sightings.
    <bullet> Species, number, location, distance from the vessel, and 
behavior of any sighted marine mammals, as well as associated seismic 
activity (number of power-downs and shutdowns), observed throughout all 
monitoring activities.
    <bullet> An estimate of the number (by species) of: (i) Pinnipeds 
that have been exposed to the seismic activity (based on visual 
observation) at received levels greater than or equal to 160 dB re 1 
[micro]Pa (rms) and/or 190 dB re 1 [micro]Pa (rms) with a discussion of 
any specific behaviors those individuals exhibited; and (ii) cetaceans 
that have been exposed to the seismic activity (based on visual 
observation) at received levels greater than or equal to 160 dB re 1 
[micro]Pa (rms) and/or 180 dB re 1 [micro]Pa (rms) with a discussion of 
any specific behaviors those individuals exhibited.
    <bullet> A description of the implementation and effectiveness of 
the: (i) Terms and conditions of the Biological Opinion's Incidental 
Take Statement (ITS); and (ii) mitigation measures of the IHA. For the 
Biological Opinion, the report shall confirm the implementation of each 
Term and Condition, as well as any conservation recommendations, and 
describe their effectiveness for minimizing the adverse effects of the 
action on ESA-listed marine mammals.
3. Annual Reports
    SAE would submit an annual report to NMFS's Permits and 
Conservation Division within 90 days after the end of operations on the 
water or at least 90 days prior to requiring a subsequent 
authorization, whichever comes first. The annual report would include:
    <bullet> Summaries of monitoring effort (e.g., total hours, total 
distances, and marine mammal distribution through the study period, 
accounting for sea state and other factors affecting visibility and 
detectability of marine mammals).
    <bullet> Analyses of the effects of various factors influencing 
detectability of marine mammals (e.g., sea state, number of observers, 
and fog/glare).
    <bullet> Species composition, occurrence, and distribution of 
marine mammal

[[Page 14931]]

sightings, including date, water depth, numbers, age/size/gender 
categories (if determinable), group sizes, and ice cover.
    <bullet> Analyses of the effects of survey operations.
    <bullet> Sighting rates of marine mammals during periods with and 
without seismic survey activities (and other variables that could 
affect detectability), such as: (i) Initial sighting distances versus 
survey activity state; (ii) closest point of approach versus survey 
activity state; (iii) observed behaviors and types of movements versus 
survey activity state; (iv) numbers of sightings/individuals seen 
versus survey activity state; (v) distribution around the source 
vessels versus survey activity state; and (vi) numbers of animals 
detected in the 160 dB harassment (disturbance exclusion) zone.
    NMFS would review the draft annual report. SAE must then submit a 
final annual report to the Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, within 30 days after receiving 
comments from NMFS on the draft annual report. If NMFS decides that the 
draft annual report needs no comments, the draft report shall be 
considered to be the final report.
4. Notification of Injured or Dead Marine Mammals
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this 
Authorization, such as an injury (Level A harassment), serious injury 
or mortality (e.g., ship-strike, gear interaction, and/or 
entanglement), SAE shall immediately cease the specified activities and 
immediately report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, NMFS, her 
designees, and the Alaska Regional Stranding Coordinators. The report 
must include the following information:
    <bullet> Time, date, and location (latitude/longitude) of the 
incident;
    <bullet> Name and type of vessel involved;
    <bullet> Vessel's speed during and leading up to the incident;
    <bullet> Description of the incident;
    <bullet> Status of all sound source use in the 24 hours preceding 
the incident;
    <bullet> Water depth;
    <bullet> Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    <bullet> Description of all marine mammal observations in the 24 
hours preceding the incident;
    <bullet> Species identification or description of the animal(s) 
involved;
    <bullet> Fate of the animal(s); and
    <bullet> Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with SAE to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. SAE may not resume their 
activities until notified by NMFS via letter or email, or telephone.
    In the event that SAE discovers an injured or dead marine mammal, 
and the lead PSO determines that the cause of the injury or death is 
unknown and the death is relatively recent (i.e., in less than a 
moderate state of decomposition as described in the next paragraph), 
SAE would immediately report the incident to the Chief of the Permits 
and Conservation Division, Office of Protected Resources, NMFS, her 
designees, and the NMFS Alaska Stranding Hotline. The report must 
include the same information identified in the paragraph above. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS would work with SAE to determine whether modifications 
in the activities are appropriate.
    In the event that SAE discovers an injured or dead marine mammal, 
and the lead PSO determines that the injury or death is not associated 
with or related to the authorized activities (e.g., previously wounded 
animal, carcass with moderate to advanced decomposition, or scavenger 
damage), SAE shall report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, NMFS, her 
designees, the NMFS Alaska Stranding Hotline, and the Alaska Regional 
Stranding Coordinators within 24 hours of the discovery. SAE shall 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS and the Marine 
Mammal Stranding Network. Activities may continue while NMFS reviews 
the circumstances of the incident.

Monitoring Results From Previously Authorized Activities

    While SAE has previously applied for Authorizations for work in 
Cook Inlet, Alaska, work was not conducted upon receiving the 
Authorization. SAE has previously conducted work under Incidental 
Harassment Authorizations in the Beaufort Sea.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, 
section 3(18) of the MMPA defines ``harassment'' as: Any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild; or (ii) 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 [Level B harassment]. Only take by Level B behavioral 
harassment is anticipated as a result of the proposed seismic survey 
program with proposed mitigation. Anticipated impacts to marine mammals 
are associated with noise propagation from the sound sources (e.g., 
airguns and pingers) used in the seismic survey; no take is expected to 
result from vessel strikes because of the slow speed of the vessels (4-
5 knots).
    SAE requests authorization to take nine marine mammal species by 
Level B harassment. These nine marine mammal species are: Cook Inlet 
beluga whale; humpback whale; minke whale; killer whale; harbor 
porpoise; Dall's porpoise; gray whale; harbor seal; and Steller sea 
lion.
    For impulse sounds, such as those produced by airgun(s) used in the 
seismic survey, NMFS uses the 160 dB re 1[micro]Pa (rms) isopleth to 
indicate the onset of Level B harassment. The current Level A (injury) 
harassment threshold is 180 dB (rms) for cetaceans and 190 dB (rms) for 
pinnipeds. The NMFS annual aerial survey data from 2002-2012 was used 
to derive density estimates for each species (number of individuals/
km\2\).

Applicable Zones for Estimating ``Take by Harassment''

    To estimate potential takes by Level B harassment for this proposed 
authorization, as well as for mitigation radii to be implemented by 
PSOs, ranges to the 160 dB (rms), 180 dB, and 190 dB isopleths were 
estimated at three different water depths (5 m, 25 m, and 45 m) . The 
distances to this threshold for the nearshore survey locations are 
provided in Table 4 in SAE's application. The distances to the 
thresholds provided in Table 4 in SAE's application correspond to the 
broadside and endfire directions.
    Compared to the airguns, the relevant isopleths for the positioning 
pinger are quite small. The distances to the 190, 180, and 160 dB (rms) 
isopleths are 1 m,

[[Page 14932]]

3 m, and 25 m (3.3, 10, and 82 ft), respectively.

Estimates of Marine Mammal Density

    SAE used one method to estimate densities for Cook Inlet beluga 
whales and another method for the other marine mammals in the area 
expected to be taken by harassment. Both methods are described in this 
document.
1. Beluga Whale Density Estimates
    In similar fashion to a previous IHA issued to Apache, SAE used a 
habitat-based model developed by Goetz et al. (2012a). Information from 
that model has once again been used to estimate densities of beluga 
whales in Cook Inlet and we consider it to be the best available 
information on beluga density. A summary of the model is provided here, 
and additional detail can be found in Goetz et al. (2012a). To develop 
NMML's estimated densities of belugas, Goetz et al. (2012a) developed a 
model based on aerial survey data, depth soundings, coastal substrate 
type, environmental sensitivity index, anthropogenic disturbance, and 
anadromous fish streams to predict beluga densities throughout Cook 
Inlet. The result of this work is a beluga density map of Cook Inlet, 
which easily sums the belugas predicted within a given geographic area. 
NMML developed its predictive habitat model from the distribution and 
group size of beluga whales observed between 1994 and 2008. A 2-part 
``hurdle'' model (a hurdle model in which there are two processes, one 
generating the zeroes and one generating the positive values) was 
applied to describe the physical and anthropogenic factors that 
influence (1) beluga presence (mixed model logistic regression) and (2) 
beluga count data (mixed model Poisson regression). Beluga presence was 
negatively associated with sources of anthropogenic disturbance and 
positively associated with fish availability and access to tidal flats 
and sandy substrates. Beluga group size was positively associated with 
tidal flats and proxies for seasonally available fish. Using this 
analysis, Goetz et al. (2012) produced habitat maps for beluga 
presence, group size, and the expected number of belugas in each 1 
km\2\ cell of Cook Inlet. The habitat-based model developed by NMML 
uses a Geographic Information System (GIS). A GIS is a computer system 
capable of capturing, storing, analyzing, and displaying geographically 
referenced information; that is, data identified according to location. 
However, the Goetz et al. (2012) model does not incorporate seasonality 
into the density estimates. Rather, SAE factors in seasonal 
considerations of beluga density into the design of the survey 
tracklines and locations (as discussion in more detail later in this 
document) in addition to other factors such as weather, ice conditions, 
and seismic needs.
2. Non-Beluga Whale Species Density Estimates
    Densities of other marine mammals in the proposed project area were 
estimated from the annual aerial surveys conducted by NMFS for Cook 
Inlet beluga whale between 2000 and 2012 in June (Rugh et al., 2000, 
2001, 2002, 2003, 2004b, 2005b, 2006, 2007; Shelden et al., 2008, 2009, 
2010, 2012; Hobbs et al., 2011). These surveys were flown in June to 
collect abundance data of beluga whales, but sightings of other marine 
mammals were also reported. Although these data were only collected in 
one month each year, these surveys provide the best available 
relatively long term data set for sighting information in the proposed 
project area. The general trend in marine mammal sighting is that 
beluga whales and harbor seals are seen most frequently in upper Cook 
Inlet, with higher concentrations of harbor seals near haul out sites 
on Kalgin Island and of beluga whales near river mouths, particularly 
the Susitna River. The other marine mammals of interest for this 
authorization (humpback whales, gray whales, minke whales, killer 
whales, harbor porpoises, Dall's porpoises, Steller sea lions) are 
observed infrequently in upper Cook Inlet and more commonly in lower 
Cook Inlet. In addition, these densities are calculated based on a 
relatively large area that was surveyed, much larger than the proposed 
area for a given year of seismic data acquisition. Furthermore, these 
annual aerial surveys are conducted only in June (numbers from August 
surveys were not used because the area surveyed was not provided), so 
it does not account for seasonal variations in distribution or habitat 
use of each species.
    Table 5 in SAE's application provides a summary of the results of 
NMFS aerial survey data collected in June from 2000 to 2012. To 
estimate density of marine mammals, total number of individuals (other 
species) observed for the entire survey area by year (surveys usually 
last several days) was divided by the approximate total area surveyed 
for each year (density = individuals/km\2\). As noted previously, the 
total number of animals observed for the entire survey includes both 
lower and upper Cook Inlet, so the total number reported and used to 
calculate density is higher than the number of marine mammals 
anticipated to be observed in the project area. In particular, the 
total number of harbor seals observed on several surveys is very high 
due to several large haul outs in lower and middle Cook Inlet. The 
table below (Table 2) provides average density estimates for gray 
whales, harbor seals, harbor porpoises, killer whales, and Steller sea 
lions over the 2000-2012 period.

                 Table 2--Animal Densities in Cook Inlet
------------------------------------------------------------------------
                                                        Average density
                       Species                          (animals/km\2\)
------------------------------------------------------------------------
Humpback whale.......................................             0.0024
Gray whale...........................................           9.45E-05
Minke whale..........................................           1.14E-05
Killer whale.........................................             0.0008
Dall's porpoise......................................             0.0002
Harbor porpoise......................................             0.0033
Harbor seal..........................................               0.28
Steller sea lion.....................................              0.008
------------------------------------------------------------------------

Calculation of Takes by Harassment

1. Beluga Whales
    As a result of discussions with NMFS, SAE has used the NMML model 
(Goetz et al., 2012a) for the estimate of takes in this proposed 
authorization. SAE has established two zones (Zone 1 and Zone 2) and 
proposes to conduct seismic surveys within all, or part of these zones; 
to be determined as weather, ice, and priorities dictate, which can be 
found in the attached figure which will be posted at http://www.nmfs.noaa.gov/pr/permits/incidental/oilgas.htm.
    Based on information using Goetz et al. model(2012a), SAE derived 
one density estimate for beluga whales in Upper Cook Inlet (i.e., north 
of the Forelands) and another density estimate for beluga whales in 
Lower Cook Inlet (i.e., south of the Forelands). The density estimate 
for Upper Cook Inlet is 0.0212 and is 0.0056 for Lower Cook Inlet. 
SAE's seismic operational area would be determined as weather, ice, and 
priorities dictate. SAE has requested a maximum allowed take for Cook 
Inlet beluga whales of 30 individuals. SAE would operate in a portion 
of the total seismic operation area of 3,934 km\2\ (1,519 mi\2\), such 
that when one multiplies the anticipated beluga whale density based on 
the seismic survey operational area times the area to be ensonified to 
the 160-dB isopleth of 9.5 km (5.9 mi) and takes the number of days 
into consideration, estimated takes will not exceed 30 beluga whales.
    In order to estimate when that level is reached, SAE is using a 
formula based on the total potential area of each seismic survey 
project zone (including

[[Page 14933]]

the 160 dB buffer) and the average density of beluga whales for each 
zone. Daily take is calculated as the product of a daily ensonified 
area times the density in that area. Then daily take is summed across 
all the days of the survey until the survey approaches 30 takes.

                          Table 3--Expected Beluga Whale Takes, Total Area of Zone, and Average Beluga Whale Density Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Expected Beluga takes from NMML
                                                   model (including the 160 dB         Total area of zone (km\2\)         Average take density  (dx)
                                                             buffer)                 (including the 160 dB buffer)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Zone 1--Upper Inlet...........................                                 28                              2,126  d1 = 0.0212
Zone 2--Lower Inlet...........................                                 29                              1,808  d2 = 0.0056
--------------------------------------------------------------------------------------------------------------------------------------------------------

    SAE will limit surveying in the proposed seismic survey area (Zones 
1 and 2 presented in Figures 1 and 2 of SAE's application) to ensure a 
maximum of 30 beluga takes during the open water season. In order to 
ensure that SAE does not exceed 30 beluga whale takes, the following 
equation is being used:
[GRAPHIC] [TIFF OMITTED] TN20MR15.004

    This formula also allows SAE to have flexibility to prioritize 
survey locations in response to local weather, ice, and operational 
constraints. SAE may choose to survey portions of a zone or a zone in 
its entirety, and the analysis in this proposed authorization takes 
this into account. Using this formula, if SAE surveys the entire area 
of Zone 1 (1,319 km\2\), then essentially none of Zone 2 will be 
surveyed because the input in the calculation denoted by 
d<INF>2</INF>A<INF>2</INF> would essentially need to be zero to ensure 
that the total allotted proposed take of beluga whales is not exceeded. 
The use of this formula will ensure that SAE's proposed seismic survey 
will not exceed 30 calculated beluga takes.
    Operations are required to cease once SAE has conducted seismic 
data acquisition in an area where multiplying the applicable density by 
the total ensonified area out to the 160-dB isopleth equaled 30 beluga 
whales, using the equation provided above.
2. Other Marine Mammal Species
    The estimated takes of other Cook Inlet marine mammals that may be 
potentially harassed during the seismic surveys was calculated by 
multiplying the following:
    <bullet> Average density estimates (derived from NMFS aerial 
surveys from 2000-2012 and presented in Table 3 in this document)
    <bullet> the area ensonified by levels >=160 dB re [mu]Pa rms in 
one day (calculated using the total ensonified area per day of 414.92 
km\2\, which is derived by applying the buffer distance to the 160 dB 
isopleth to the area of 6 survey tracklines),
    <bullet> the number of potential survey days (160).
    This equation provides the number of instances of take that will 
occur in the duration of the survey, but overestimates the number of 
individual animals taken because not every exposure on every successive 
day is expected to be a new individual. Especially with resident 
species, re-exposures of individuals are expected across the months of 
the survey.
    SAE anticipates that a crew will collect seismic data for 8-10 
hours per day over approximately 160 days over the course of 8 to 9 
months each year. It is assumed that over the course of these 160 days, 
no more than 777 km\2\ will be surveyed in total, but areas can be 
surveyed more than once. It is important to note that environmental 
conditions (such as ice, wind, fog) will play a significant role in the 
actual operating days; therefore, these estimates are conservative in 
order to provide a basis for probability of encountering these marine 
mammal species in the project area.
    As noted above, using the above method results in an accurate 
estimate of the instances of take, but likely significantly 
overestimates the number of individual animals expected to be taken. 
With most species, even this overestimated number is still very small, 
and additional analysis is not really necessary to ensure minor 
impacts. However, because of the number and density of harbor seals in 
the area, a more accurate understanding of the number of individuals 
likely taken is necessary to fully analyze the impacts and ensure that 
the total number of harbor seals taken is small. Montgomery et al. 
(2007) surveyed harbor seals in Cook Inlet from spring to fall and 
found Cook Inlet harbor seals show preference for haulouts away from 
anthropogenic disturbance and near abundant prey and deep water. In 
order to estimate the number of individual harbor seals likely taken, 
we multiplied the total ensonified area of the entire project (1,732 
km\2\) times the average harbor seal density from NMML surveys (2002-
2012) to yield a snapshot abundance for the project area, which would 
represent the number of individuals taken in the project area if one 
assumed that no new individuals would enter the area during the 
duration of the project. Since, however, we do believe that some new 
individual harbor seals will enter the project area during the course 
of the surveys, this snapshot abundance was adjusted using the concept 
of turnover factors, from Wood et al. 2012, to account for new animals 
entering the survey area. Wood derived turnover factors in an open 
ocean setting, using 1.0 (no turnover) for resident populations, using 
a very specifically derived 2.5 factor for migratory species, and 
establishing a 1.25 factor for all other species. We did not use the 
turnover factor of 1 for harbor seals suggested by Wood, but rather 
considered a more conservative 2.5 to accommodate for the difference

[[Page 14934]]

between an ocean environment and the enclosed environment of the Inlet.

Summary of Proposed Level B Harassment Takes

    Table 4 here outlines the density estimates used to estimate Level 
B harassment takes, the requested Level B harassment take levels, the 
abundance of each species in Cook Inlet, the percentage of each species 
or stock estimated to be taken, and current population trends.

 Table 4--Density Estimates, Proposed Level B Harassment Take Levels, Species or Stock Abundance, Percentage of
                            Population Proposed To Be Taken, and Species Trend Status
----------------------------------------------------------------------------------------------------------------
                               Average density
           Species              (#individuals/  Proposed Level     Abundance      Percentage of       Trend
                                    km\2\)          B take                         population
----------------------------------------------------------------------------------------------------------------
Beluga whale.................  Upper=0.0212...              30  312............             9.6  Decreasing.
                               Lower=0.0056...
Humpback whale...............  0.0024.........             158  7,469..........             2.1  Southeast
                                                                                                  Alaska
                                                                                                  increasing.
Minke whale..................  1.14E-05.......               1  1,233..........            0.06  No reliable
                                                                                                  information.
Gray whale...................  5.33E-05.......               7  19,126.........           0.033  Stable/
                                                                                                  increasing.
Killer whale.................  0.00082........              55  2,347                      2.34  Resident stock
                                                                 (resident).               15.9   possibly
                                                                345 (transient)                   increasing
                                                                                                  Transient
                                                                                                  stock stable.
Harbor porpoise..............  0.0033.........             219  31,046.........            0.70  No reliable
                                                                                                  information.
Dall's porpoise..............  0.0002.........              14  83,400.........           0.016  No reliable
                                                                                                  information.
Harbor seal..................  0.28...........           1,223  22,900.........            5.34  Stable.
Steller sea lion.............  0.0082.........             542  45,649.........            1.19  Decreasing but
                                                                                                  with regional
                                                                                                  variability
                                                                                                  (some stable
                                                                                                  or
                                                                                                  increasing).
----------------------------------------------------------------------------------------------------------------

Analyses and Preliminary Determinations

Negligible Impact Analysis

    Negligible impact is ``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'' (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes, 
alone, is not enough information on which to base an impact 
determination. In addition to considering estimates of the number of 
marine mammals that might be ``taken'' through behavioral harassment, 
NMFS must consider other factors, such as the likely nature of any 
responses (their intensity, duration, etc.), the context of any 
responses (critical reproductive time or location, feeding, migration, 
etc.), as well as the number and nature of estimated Level A harassment 
takes, the number of estimated mortalities, effects on habitat, and the 
status of the species.
    Given the proposed mitigation and related monitoring, no injuries 
or mortalities are anticipated to occur as a result of SAE's proposed 
seismic survey in Cook Inlet, and none are proposed to be authorized. 
Additionally, animals in the area are not expected to incur hearing 
impairment (i.e., TTS or PTS) or non-auditory physiological effects. 
The number of takes that are anticipated and proposed to be authorized 
are expected to be limited to short-term Level B behavioral harassment. 
The seismic airguns do not operate continuously over a 24-hour period. 
Rather airguns are operational for a few hours at a time totaling about 
10 hours a day.
    Cook Inlet beluga whales, the western DPS of Steller sea lions, and 
Central North Pacific humpback whales are listed as endangered under 
the ESA. These stocks are also considered depleted under the MMPA. The 
estimated annual rate of decline for Cook Inlet beluga whales was 0.6 
percent between 2002 and 2012. Steller sea lion trends for the western 
stock are variable throughout the region with some decreasing and 
others remaining stable or even indicating slight increases. The 
Central North Pacific population of humpbacks is known to be 
increasing, with different techniques predicting abundance increases 
between 4.9 to 7 percent annually. The other seven species that may be 
taken by harassment during SAE's proposed seismic survey program are 
not listed as threatened or endangered under the ESA nor as depleted 
under the MMPA.
    Odontocete (including Cook Inlet beluga whales, killer whales, and 
harbor porpoises) reactions to seismic energy pulses are usually 
assumed to be limited to shorter distances from the airgun(s) than are 
those of mysticetes, in part because odontocete low-frequency hearing 
is assumed to be less sensitive than that of mysticetes. Belugas in the 
Canadian Beaufort Sea in summer appear to be fairly responsive to 
seismic energy, with few being sighted within 10-20 km (6-12 mi) of 
seismic vessels during aerial surveys (Miller et al., 2005). However, 
as noted above, Cook Inlet belugas are more accustomed to anthropogenic 
sound than beluga whales in the Beaufort Sea. Therefore, the results 
from the Beaufort Sea surveys do not directly translate to potential 
reactions of Cook Inlet beluga whales. Also, due to the dispersed 
distribution of beluga whales in Cook Inlet during winter and the 
concentration of beluga whales in upper Cook Inlet from late April 
through early fall, belugas would likely occur in small numbers in the 
majority of SAE's proposed survey area during the majority of SAE's 
annual operational timeframe of April through December. For the same 
reason, as well as mitigation measures, it is unlikely that animals 
would be exposed to received levels capable of causing injury.
    The addition of nine vessels, and noise due to vessel operations 
associated with the seismic survey, would not be outside the present 
experience of marine mammals in Cook Inlet, although levels may 
increase locally. Given the large number of vessels in Cook Inlet and 
the apparent habituation to vessels by Cook Inlet beluga whales and the 
other marine mammals that may occur in the area, vessel activity and 
noise is not expected to have effects that could cause significant or 
long-term consequences for individual marine mammals or their 
populations. Potential impacts to marine mammal habitat were discussed

[[Page 14935]]

previously in this document (see the ``Anticipated Effects on Habitat'' 
section). Although some disturbance is possible to food sources of 
marine mammals, the impacts are anticipated to be minor enough as to 
not affect annual rates of recruitment or survival of marine mammals in 
the area. Based on the size of Cook Inlet where feeding by marine 
mammals occurs versus the localized area of the marine survey 
activities, any missed feeding opportunities in the direct project area 
would be minor based on the fact that other feeding areas exist 
elsewhere. Taking into account the mitigation measures that are 
planned, effects on cetaceans are generally expected to be restricted 
to avoidance of a limited area around the survey operation and short-
term changes in behavior, falling within the MMPA definition of ``Level 
B harassment''. Animals are not expected to permanently abandon any 
area that is surveyed, and any behaviors that are interrupted during 
the activity are expected to resume once the activity ceases. Only a 
small portion of marine mammal habitat will be affected at any time, 
and other areas within Cook Inlet will be available for necessary 
biological functions. In addition, NMFS proposes to seasonally restrict 
seismic survey operations in the area known to be important for beluga 
whale feeding, calving, or nursing. The primary location for these 
biological life functions occurs in the Susitna Delta region of upper 
Cook Inlet. NMFS proposes to implement a 16 km (10 mi) seasonal 
exclusion from seismic survey operations in this region from April 15-
October 15. The highest concentrations of belugas are typically found 
in this area from early May through September each year. NMFS has 
incorporated a 2-week buffer on each end of this seasonal use timeframe 
to account for any anomalies in distribution and marine mammal usage.
    Mitigation measures such as controlled vessel speed, dedicated 
marine mammal observers, speed and course alterations, and shutdowns or 
power downs when marine mammals are seen within defined ranges designed 
both to avoid injury and disturbance will further reduce short-term 
reactions and minimize any effects on hearing sensitivity. In all 
cases, the effects of the seismic survey are expected to be short-term, 
with no lasting biological consequence. Therefore, the exposure of 
cetaceans to SAE's proposed seismic survey activity, operation is not 
anticipated to have an effect on annual rates of recruitment or 
survival of the affected species or stocks, and therefore will have a 
negligible impact on them.
    Some individual pinnipeds may be exposed to sound from the proposed 
seismic surveys more than once during the timeframe of the project. 
Taking into account the mitigation measures that are planned, effects 
on pinnipeds are generally expected to be restricted to avoidance of a 
limited area around the survey operation and short-term changes in 
behavior, falling within the MMPA definition of ``Level B harassment''. 
Animals are not expected to permanently abandon any area that is 
surveyed, and any behaviors that are interrupted during the activity 
are expected to resume once the activity ceases. Only a small portion 
of pinniped habitat will be affected at any time, and other areas 
within Cook Inlet will be available for necessary biological functions. 
In addition, the area where the survey will take place is not known to 
be an important location where pinnipeds haul out. The closest known 
haul-out site is located on Kalgin Island, which is about 22 km from 
the McArther River. More recently, some large congregations of harbor 
seals have been observed hauling out in upper Cook Inlet. However, 
mitigation measures, such as vessel speed, course alteration, and 
visual monitoring, and restrictions will be implemented to help reduce 
impacts to the animals. Therefore, the exposure of pinnipeds to sounds 
produced by this phase of SAE's proposed seismic survey is not 
anticipated to have an effect on annual rates of recruitment or 
survival on those species or stocks.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total annual 
marine mammal take from SAE's proposed seismic survey will have a 
negligible impact on the affected marine mammal species or stocks.

Small Numbers Analysis

    The requested takes proposed to be authorized annually represent 
9.6 percent of the Cook Inlet beluga whale population of approximately 
312 animals (Allen and Angliss, 2014), 2.34 percent of the Alaska 
resident stock and 15.9 percent of the Gulf of Alaska, Aleutian Island 
and Bering Sea stock of killer whales (1,123 residents and 345 
transients), 0.70 percent of the Gulf of Alaska stock of approximately 
31,046 harbor porpoises, 2.1 percent of the 7,469 Central North Pacific 
humpback whales, 0.06 percent of the 1,233 Alaska minke whales, 0.016 
percent of the 83,400 Gulf of Alaska Dall's porpoise, and 0.033 percent 
of the eastern North Pacific stock of approximately 19,126 gray whales. 
The take requests presented for harbor seals represent 5.34 percent of 
the Cook Inlet/Shelikof stock of approximately 22,900 animals. The 
requested takes proposed for Steller sea lions represent 1.19 percent 
of the U.S. portion of the western stock of approximately 45,649 
animals. These take estimates represent the percentage of each species 
or stock that could be taken by Level B behavioral harassment.
    NMFS finds that any incidental take reasonably likely to result 
from the effects of the proposed activity, as proposed to be mitigated 
through this IHA, will be limited to small numbers relative to the 
affected species or stocks. In addition to the quantitative methods 
used to estimate take, NMFS also considered qualitative factors that 
further support the ``small numbers'' determination, including: (1) The 
seasonal distribution and habitat use patterns of Cook Inlet beluga 
whales, which suggest that for much of the time only a small portion of 
the population would be accessible to impacts from SAE's activity, as 
most animals are found in the Susitna Delta region of Upper Cook Inlet 
from early May through September; (2) other cetacean species and 
Steller sea lions are not common in the seismic survey area; (3) the 
proposed mitigation requirements, which provide spatio-temporal 
limitations that avoid impacts to large numbers of belugas feeding and 
calving in the Susitna Delta and limit exposures to sound levels 
associated with Level B harassment; (4) the proposed monitoring 
requirements and mitigation measures described earlier in this document 
for all marine mammal species that will further reduce the amount of 
takes; and (5) monitoring results from previous activities that 
indicated low numbers of beluga whale sightings within the Level B 
disturbance exclusion zone and low levels of Level B harassment takes 
of other marine mammals. Therefore, NMFS determined that the numbers of 
animals likely to be taken are small.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

Relevant Subsistence Uses

    The subsistence harvest of marine mammals transcends the 
nutritional and economic values attributed to the animal and is an 
integral part of the cultural identity of the region's Alaska Native 
communities. Inedible parts of the whale provide Native artisans with

[[Page 14936]]

materials for cultural handicrafts, and the hunting itself perpetuates 
Native traditions by transmitting traditional skills and knowledge to 
younger generations (NOAA, 2007).
    The Cook Inlet beluga whale has traditionally been hunted by Alaska 
Natives for subsistence purposes. For several decades prior to the 
1980s, the Native Village of Tyonek residents were the primary 
subsistence hunters of Cook Inlet beluga whales. During the 1980s and 
1990s, Alaska Natives from villages in the western, northwestern, and 
North Slope regions of Alaska either moved to or visited the south 
central region and participated in the yearly subsistence harvest 
(Stanek, 1994). From 1994 to 1998, NMFS estimated 65 whales per year 
(range 21-123) were taken in this harvest, including those successfully 
taken for food and those struck and lost. NMFS concluded that this 
number was high enough to account for the estimated 14 percent annual 
decline in the population during this time (Hobbs et al., 2008). Actual 
mortality may have been higher, given the difficulty of estimating the 
number of whales struck and lost during the hunts. In 1999, a 
moratorium was enacted (Pub. L. 106-31) prohibiting the subsistence 
take of Cook Inlet beluga whales except through a cooperative agreement 
between NMFS and the affected Alaska Native organizations. Since the 
Cook Inlet beluga whale harvest was regulated in 1999 requiring 
cooperative agreements, five beluga whales have been struck and 
harvested. Those beluga whales were harvested in 2001 (one animal), 
2002 (one animal), 2003 (one animal), and 2005 (two animals). The 
Native Village of Tyonek agreed not to hunt or request a hunt in 2007, 
when no co-management agreement was to be signed (NMFS, 2008a).
    On October 15, 2008, NMFS published a final rule that established 
long-term harvest limits on Cook Inlet beluga whales that may be taken 
by Alaska Natives for subsistence purposes (73 FR 60976). That rule 
prohibits harvest for a 5-year interval period if the average stock 
abundance of Cook Inlet beluga whales over the prior five-year interval 
is below 350 whales. Harvest levels for the current 5-year planning 
interval (2013-2017) are zero because the average stock abundance for 
the previous five-year period (2008-2012) was below 350 whales. Based 
on the average abundance over the 2002-2007 period, no hunt occurred 
between 2008 and 2012 (NMFS, 2008a). The Cook Inlet Marine Mammal 
Council, which managed the Alaska Native Subsistence fishery with NMFS, 
was disbanded by a unanimous vote of the Tribes' representatives on 
June 20, 2012. At this time, no harvest is expected in 2015 or, likely, 
in 2016.
    Data on the harvest of other marine mammals in Cook Inlet are 
lacking. Some data are available on the subsistence harvest of harbor 
seals, harbor porpoises, and killer whales in Alaska in the marine 
mammal stock assessments. However, these numbers are for the Gulf of 
Alaska including Cook Inlet, and they are not indicative of the harvest 
in Cook Inlet.
    There is a low level of subsistence hunting for harbor seals in 
Cook Inlet. Seal hunting occurs opportunistically among Alaska Natives 
who may be fishing or travelling in the upper Inlet near the mouths of 
the Susitna River, Beluga River, and Little Susitna River. Some data 
are available on the subsistence harvest of harbor seals, harbor 
porpoises, and killer whales in Alaska in the marine mammal stock 
assessments. However, these numbers are for the Gulf of Alaska 
including Cook Inlet, and they are not indicative of the harvest in 
Cook Inlet. Some detailed information on the subsistence harvest of 
harbor seals is available from past studies conducted by the Alaska 
Department of Fish & Game (Wolfe et al., 2009). In 2008, 33 harbor 
seals were taken for harvest in the Upper Kenai-Cook Inlet area. In the 
same study, reports from hunters stated that harbor seal populations in 
the area were increasing (28.6%) or remaining stable (71.4%). The 
specific hunting regions identified were Anchorage, Homer, Kenai, and 
Tyonek, and hunting generally peaks in March, September, and November 
(Wolfe et al., 2009).

Potential Impacts on Availability for Subsistence Uses

    Section 101(a)(5)(D) also requires NMFS to determine that the 
taking will not have an unmitigable adverse effect on the availability 
of marine mammal species or stocks for subsistence use. NMFS has 
defined ``unmitigable adverse impact'' in 50 CFR 216.103 as an impact 
resulting from the specified activity: (1) That is likely to reduce the 
availability of the species to a level insufficient for a harvest to 
meet subsistence needs by: (i) Causing the marine mammals to abandon or 
avoid hunting areas; (ii) Directly displacing subsistence users; or 
(iii) Placing physical barriers between the marine mammals and the 
subsistence hunters; and (2) That cannot be sufficiently mitigated by 
other measures to increase the availability of marine mammals to allow 
subsistence needs to be met.
    The primary concern is the disturbance of marine mammals through 
the introduction of anthropogenic sound into the marine environment 
during the proposed seismic survey. Marine mammals could be 
behaviorally harassed and either become more difficult to hunt or 
temporarily abandon traditional hunting grounds. However, the proposed 
seismic survey will not have any impacts to beluga harvests as none 
currently occur in Cook Inlet. Additionally, subsistence harvests of 
other marine mammal species are limited in Cook Inlet.

Plan of Cooperation or Measures To Minimize Impacts to Subsistence 
Hunts

    Regulations at 50 CFR 216.104(a)(12) require IHA applicants for 
activities that take place in Arctic waters to provide a Plan of 
Cooperation or information that identifies what measures have been 
taken and/or will be taken to minimize adverse effects on the 
availability of marine mammals for subsistence purposes. The entire 
upper Cook unit and a portion of the lower Cook unit falls north of 
60[deg] N, or within the region NMFS has designated as an Arctic 
subsistence use area. There are several villages in SAE's proposed 
project area that have traditionally hunted marine mammals, primarily 
harbor seals. Tyonek is the only tribal village in upper Cook Inlet 
with a tradition of hunting marine mammals, in this case harbor seals 
and beluga whales. However, for either species the annual recorded 
harvest since the 1980s has averaged about one or fewer of either 
species (Fall et al. 1984, Wolfe et al. 2009, SRBA and HC 2011), and 
there is currently a moratorium on subsistence harvest of belugas. 
Further, many of the seals that are harvested are done incidentally to 
salmon fishing or moose hunting (Fall et al. 1984, Merrill and Orpheim 
2013), often near the mouths of the Susitna Delta rivers (Fall et al. 
1984) north of SAE's proposed seismic survey area.
    Villages in lower Cook Inlet adjacent to SAE's proposed seismic 
area (Kenai, Salamatof, and Ninilchik) have either not traditionally 
hunted beluga whales, or at least not in recent years, and rarely do 
they harvest sea lions. Between 1992 and 2008, the only reported sea 
lion harvests from this area were two Steller sea lions taken by 
hunters from Kenai (Wolfe et al. 2009). These villages more commonly 
harvest harbor seals, with Kenai reporting an average of about 13 per 
year between 1992 and 2008 (Wolfe et al. 2008). According to Fall et 
al. (1984), many of the seals harvested by hunters from these villages 
were taken on the west side of the inlet during hunting excursions for 
moose and black

[[Page 14937]]

bears (or outside SAE's lower Cook unit).
    Although marine mammals remain an important subsistence resource in 
Cook Inlet, the number of animals annually harvested are low, and are 
primarily harbor seals. Much of the harbor seal harvest occurs 
incidental to other fishing and hunting activities, and at areas 
outside of the SAE's proposed seismic areas such as the Susitna Delta 
or the west side of lower Cook Inlet. Also, SAE is unlikely to conduct 
seismic activity in the vicinity of any of the river mouths where large 
numbers of seals haul out.
    SAE has identified the following features that are intended to 
reduce impacts to subsistence users:
    <bullet> In-water seismic activities will follow mitigation 
procedures to minimize effects on the behavior of marine mammals and, 
therefore, opportunities for harvest by Alaska Native communities.
    SAE and NMFS recognize the importance of ensuring that ANOs and 
federally recognized tribes are informed, engaged, and involved during 
the permitting process and will continue to work with the ANOs and 
tribes to discuss operations and activities.
    Prior to offshore activities SAE will consult with nearby 
communities such as Nikiski, Tyonek, Ninilchik, Anchor point. SAE plans 
to attend and present the program description to the different groups 
listed in Section 3 prior to operations within those areas. During 
these meetings discussions will include our project description, maps 
of project area and resolutions of potential conflicts. These meetings 
will allow SAE to understand community concerns, and requests for 
communication or mitigation. Additional communications will continue 
throughout the project. Meetings will also be held with Native 
Corporation leaders to establish subsistence activities and timelines. 
Ongoing discussions and meeting with federal and state agencies during 
the permit process.
    A specific meeting schedule has not been finalized, but meetings 
with the entities identified in Section 3 will occur between December 
2014 and March 2015.
    SAE will document results of all meetings and incorporate to 
mitigate concerns into the Plan of Cooperation (POC). There shall be a 
review of permit stipulations and a permit matrix developed for the 
crews. The means of communications and contacts list will be developed 
and implemented into the project. The use of PSOs/MMO's on board the 
vessels will ensure that appropriate precautions are taken to avoid 
harassment of marine mammals.
    If a conflict does occur with project activities involving 
subsistence or fishing, the project manager will immediately contact 
the affected party to resolve the conflict. If avoidance is not 
possible, the project manager will initiate communication with the 
Operations Supervisor to resolve the issue and plan an alternative 
course of action. The communications will involve the Permits Manager 
and the Anchorage Office of SAE.

Unmitigable Adverse Impact Analysis and Preliminary Determination

    The project will not have any effect on beluga whale harvests 
because no beluga harvest will take place in 2015. Additionally, the 
proposed seismic survey area is not an important native subsistence 
site for other subsistence species of marine mammals, and Cook Inlet 
contains a relatively small proportion of marine mammals utilizing Cook 
Inlet; thus, the number harvested is expected to be extremely low. The 
timing and location of subsistence harvest of Cook Inlet harbor seals 
may coincide with SAE's project, but because this subsistence hunt is 
conducted opportunistically and at such a low level (NMFS, 2013c), 
SAE's program is not expected to have an impact on the subsistence use 
of harbor seals. Moreover, the proposed survey would result in only 
temporary disturbances. Accordingly, the specified activity would not 
impact the availability of these other marine mammal species for 
subsistence uses.
    NMFS anticipates that any effects from SAE's proposed seismic 
survey on marine mammals, especially harbor seals and Cook Inlet beluga 
whales, which are or have been taken for subsistence uses, would be 
short-term, site specific, and limited to inconsequential changes in 
behavior and mild stress responses. NMFS does not anticipate that the 
authorized taking of affected species or stocks will reduce the 
availability of the species to a level insufficient for a harvest to 
meet subsistence needs by: (1) Causing the marine mammals to abandon or 
avoid hunting areas; (2) directly displacing subsistence users; or (3) 
placing physical barriers between the marine mammals and the 
subsistence hunters; and that cannot be sufficiently mitigated by other 
measures to increase the availability of marine mammals to allow 
subsistence needs to be met. Based on the description of the specified 
activity, the measures described to minimize adverse effects on the 
availability of marine mammals for subsistence purposes, and the 
proposed mitigation and monitoring measures, NMFS has preliminarily 
determined that there will not be an unmitigable adverse impact on 
subsistence uses from SAE's proposed activities.

Endangered Species Act (ESA)

    There are three marine mammal species listed as endangered under 
the ESA with confirmed or possible occurrence in the proposed project 
area: the Cook Inlet beluga whale, the western DPS of Steller sea lion, 
and the Central North Pacific humpback whale. In addition, the proposed 
action could occur within 10 miles of designated critical habitat for 
the Cook Inlet beluga whale. NMFS's Permits and Conservation Division 
has initiated consultation with NMFS' Alaska Region Protected Resources 
Division under section 7 of the ESA. This consultation will be 
concluded prior to issuing any final authorization.

National Environmental Policy Act (NEPA)

    NMFS has prepared a Draft Environmental Assessment (EA) for the 
issuance of an IHA to SAE for the proposed oil and gas exploration 
seismic survey program in Cook Inlet. The Draft EA has been made 
available for public comment concurrently with this proposed 
authorization (see ADDRESSES). NMFS will finalize the EA and either 
conclude with a finding of no significant impact (FONSI) or prepare an 
Environmental Impact Statement prior to issuance of the final 
authorization (if issued).

Proposed Authorization

    As a result of these preliminary determinations, we propose to 
issue an IHA to SAExploration Inc. for taking marine mammals incidental 
to a seismic survey in Cook Inlet, Alaska, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. The proposed IHA language is provided next.
    This section contains a draft of the IHA itself. The wording 
contained in this section is proposed for inclusion in the IHA (if 
issued).

Request for Public Comments

    We request comment on our analysis, the draft authorization, and 
any other aspect of the Notice of Proposed IHA for SAExploration Inc. 
Please include with your comments any supporting data or literature 
citations to help inform our final decision on SAE's request for an 
MMPA authorization.

[[Page 14938]]

Incidental Harassment Authorization
    SAExploration Inc. (SAE), 8240 Sandlewood Place, Anchorage, Alaska 
99507, is hereby authorized under section 101(a)(5)(D) of the Marine 
Mammal Protection Act (MMPA; 16 U.S.C. 1371(a)(5)(D)), to harass small 
numbers of marine mammals incidental to specified activities associated 
with a marine geophysical (seismic) survey in Cook Inlet, Alaska, 
contingent upon the following conditions:
    1. This Authorization is valid from April 1, 2015, through December 
31, 2015.
    2. This Authorization is valid only for SAE's activities associated 
with seismic survey operations that shall occur within the areas 
denoted as Zone 1 and Zone 2 as depicted in the attached Figures 1 and 
2 of SAE's January 2015 application to the National Marine Fisheries 
Service.
    3. Species Authorized and Level of Take
    (a) The incidental taking of marine mammals, by Level B harassment 
only, is limited to the following species in the waters of Cook Inlet:
    (i) Odontocetes: See Table 1 (attached) for authorized species and 
take numbers.
    (ii) Pinnipeds: See Table 1 (attached) for authorized species and 
take numbers.
    (iii) If any marine mammal species are encountered during seismic 
activities that are not listed in Table 1 (attached) for authorized 
taking and are likely to be exposed to sound pressure levels (SPLs) 
greater than or equal to 160 dB re 1 [mu]Pa (rms), then the Holder of 
this Authorization must alter speed or course, power down or shut-down 
the sound source to avoid take.
    (b) The taking by injury (Level A harassment) serious injury, or 
death of any of the species listed in Table 1 or the taking of any kind 
of any other species of marine mammal is prohibited and may result in 
the modification, suspension or revocation of this Authorization.
    (c) If the number of detected takes of any marine mammal species 
listed in Table 1 is met or exceeded, SAE shall immediately cease 
survey operations involving the use of active sound sources (e.g., 
airguns and pingers) and notify NMFS.
    4. The authorization for taking by harassment is limited to the 
following acoustic sources (or sources with comparable frequency and 
intensity) absent an amendment to this Authorization:
    (a) Two airgun arrays, each with a capacity of 880 in\3\;
    (b) A 440 in\3\ airgun array;
    (c) A 10 in\3\ airgun;
    (d) A Scott Ultra-Short Baseline (USBL) transceiver; and
    (e) A Sonardyne TZ/OBC transponder.
    5. The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported immediately to the Chief, Permits 
and Conservation Division, Office of Protected Resources, NMFS or her 
designee at (301) 427-8401.
    6. The holder of this Authorization must notify the Chief of the 
Permits and Conservation Division, Office of Protected Resources, or 
her designee at least 48 hours prior to the start of seismic survey 
activities (unless constrained by the date of issuance of this 
Authorization in which case notification shall be made as soon as 
possible) at 301-427-8484 or to <a href="/cdn-cgi/l/email-protection#84d7e5f6e5aaddebf1eae3c4eaebe5e5aae3ebf2"><span class="__cf_email__" data-cfemail="b1e2d0c3d09fe8dec4dfd6f1dfded0d09fd6dec7">[email protected]</span></a>.
    7. Mitigation and Monitoring Requirements: The Holder of this 
Authorization is required to implement the following mitigation and 
monitoring requirements when conducting the specified activities to 
achieve the least practicable impact on affected marine mammal species 
or stocks:
    (a) Utilize a sufficient number of NMFS-qualified, vessel-based 
Protected Species Visual Observers (PSVOs) (except during meal times 
and restroom breaks, when at least one PSVO shall be on watch) to 
visually watch for and monitor marine mammals near the seismic source 
vessels during daytime operations (from nautical twilight-dawn to 
nautical twilight-dusk) and before and during start-ups of sound 
sources day or night. Two PSVOs will be on each source vessel, and two 
PSVOs will be on the support vessel to observe the exclusion and 
disturbance zones. PSVOs shall have access to reticle binoculars (7x50) 
and long-range binoculars (40x80). PSVO shifts shall last no longer 
than 4 hours at a time. PSVOs shall also make observations during 
daytime periods when the sound sources are not operating for comparison 
of animal abundance and behavior, when feasible. When practicable, as 
an additional means of visual observation, SAE's vessel crew may also 
assist in detecting marine mammals.
    (b) In addition to the vessel-based PSVOs, utilize a shore-based 
station to visually monitor for marine mammals. The shore-based station 
will follow all safety procedures, including bear safety. The location 
of the shore-based station will need to be sufficiently high to observe 
marine mammals; the PSOs would be equipped with reticle binoculars 
(7x50) and long-range binoculars (40x80). The shore-based PSOs would 
scan the area prior to, during, and after the survey operations 
involving the use of sound sources, and would be in contact with the 
vessel-based PSOs via radio to communicate sightings of marine mammals 
approaching or within the project area.
    (c) Record the following information when a marine mammal is 
sighted:
    (i) Species, group size, age/size/sex categories (if determinable), 
behavior when first sighted and after initial sighting, heading (if 
consistent), bearing and distance from seismic vessel, sighting cue, 
apparent reaction to the airguns or vessel (e.g., none, avoidance, 
approach, paralleling, etc., and including responses to ramp-up), and 
behavioral pace;
    (ii) Time, location, heading, speed, activity of the vessel 
(including number of airguns operating and whether in state of ramp-up 
or power-down), Beaufort sea state and wind force, visibility, and sun 
glare; and
    (iii) The data listed under Condition 7(d)(ii) shall also be 
recorded at the start and end of each observation watch and during a 
watch whenever there is a change in one or more of the variables.
    (d) Establish a 180 dB re 1 [mu]Pa (rms) and 190 dB re 1 [mu]Pa 
(rms) ``exclusion zone'' (EZ) for cetaceans and pinnipeds respectively 
before the full array (2400 in\3\) is in operation; and a 180 dB re 1 
[mu]Pa (rms) and 190 dB re 1 [mu]Pa (rms) EZ before a single airgun (10 
in\3\) is in operation, respectively.
    (e) Visually observe the entire extent of the EZ (180 dB re 1 
[mu]Pa [rms] for cetaceans and 190 dB re 1 [mu]Pa [rms] for pinnipeds) 
using NMFS-qualified PSVOs, for at least 30 minutes (min) prior to 
starting the airgun array (day or night). If the PSVO finds a marine 
mammal within the EZ, SAE must delay the seismic survey until the 
marine mammal(s) has left the area. If the PSVO sees a marine mammal 
that surfaces, then dives below the surface, the PSVO shall wait 30 
min. If the PSVO sees no marine mammals during that time, they should 
assume that the animal has moved beyond the EZ. If for any reason the 
entire radius cannot be seen for the entire 30 min (i.e., rough seas, 
fog, darkness), or if marine mammals are near, approaching, or in the 
EZ, the airguns may not be ramped-up.
    (f) Implement a ``ramp-up'' procedure when starting up at the 
beginning of seismic operations or any time after the entire array has 
been shut down for more than 10 min, which means start the smallest 
sound source first and add sound sources in a sequence such that the 
source level of the array shall increase in steps not exceeding

[[Page 14939]]

approximately 6 dB per 5-min period. During ramp-up, the PSVOs shall 
monitor the EZ, and if marine mammals are sighted, a power-down, or 
shutdown shall be implemented as though the full array were 
operational. Therefore, initiation of ramp-up procedures from shutdown 
requires that the PSVOs be able to visually observe the full EZ as 
described in Condition 7(e) (above).
    (g) Alter speed or course during seismic operations if a marine 
mammal, based on its position and relative motion, appears likely to 
enter the relevant EZ. If speed or course alteration is not safe or 
practicable, or if after alteration the marine mammal still appears 
likely to enter the EZ, further mitigation measures, such as a power-
down or shutdown, shall be taken.
    (h) Power-down or shutdown the sound source(s) if a marine mammal 
is detected within, approaches, or enters the relevant EZ. A shutdown 
means all operating sound sources are shut down (i.e., turned off). A 
power-down means reducing the number of operating sound sources to a 
single operating 10 in\3\ airgun, which reduces the EZ to the degree 
that the animal(s) is no longer in or about to enter it.
    (i) Following a power-down, if the marine mammal approaches the 
smaller designated EZ, the sound sources must then be completely shut 
down. Seismic survey activity shall not resume until the PSVO has 
visually observed the marine mammal(s) exiting the EZ and is not likely 
to return, or has not been seen within the EZ for 15 min for species 
with shorter dive durations (small odontocetes and pinnipeds) or 30 min 
for species with longer dive durations (large odontocetes, including 
killer whales and beluga whales).
    (j) Following a power-down or shutdown and subsequent animal 
departure, survey operations may resume following ramp-up procedures 
described in Condition 7(g).
    (k) Marine geophysical surveys may continue into night and low-
light hours if such segment(s) of the survey is initiated when the 
entire relevant EZs can be effectively monitored visually (i.e., 
PSVO(s) must be able to see the extent of the entire relevant EZ).
    (l) No initiation of survey operations involving the use of sound 
sources is permitted from a shutdown position at night or during low-
light hours (such as in dense fog or heavy rain).
    (m) If a beluga whale is visually sighted approaching or within the 
160-dB disturbance zone, survey activity will not commence or the sound 
source(s) shall be shut down until the animals are no longer present 
within the 160-dB zone.
    (n) Whenever aggregations or groups of killer whales and/or harbor 
porpoises are detected approaching or within the 160-dB disturbance 
zone, survey activity will not commence or the sound source(s) shall be 
shut-down until the animals are no longer present within the 160-dB 
zone. An aggregation or group of whales/porpoises shall consist of five 
or more individuals of any age/sex class.
    (o) SAE must not operate airguns within 10 miles (16 km) of the 
mean higher high water (MHHW) line of the Susitna Delta (Beluga River 
to the Little Susitna River) between April 15 and October 15 (to avoid 
any effects to belugas in an important feeding and breeding area).
    (p) Seismic survey operations involving the use of airguns and 
pingers must cease if takes of any marine mammal are met or exceeded.
    (q) The mitigation airgun will be operated at approximately one 
shot per minute and will not be operated for longer than three hours in 
duration during daylight hours and good visibility. In cases when the 
next start-up after the turn is expected to be during lowlight or low 
visibility, use of the mitigation airgun may be initiated 30 minutes 
before darkness or low visibility conditions occur and may be operated 
until the start of the next seismic acquisition line.
    8. Reporting Requirements: The Holder of this Authorization is 
required to:
    (a) Submit a weekly field report, no later than close of business 
(Alaska time) each Thursday during the weeks when in-water seismic 
survey activities take place. The field reports will summarize species 
detected, in-water activity occurring at the time of the sighting, 
behavioral reactions to in-water activities, and the number of marine 
mammals taken.
    (b) Submit a monthly report, no later than the 15th of each month, 
to NMFS' Permits and Conservation Division for all months during which 
in-water seismic survey activities occur. These reports must contain 
and summarize the following information:
    (i) Dates, times, locations, heading, speed, weather, sea 
conditions (including Beaufort sea state and wind force), and 
associated activities during all seismic operations and marine mammal 
sightings;
    (ii) Species, number, location, distance from the vessel, and 
behavior of any marine mammals, as well as associated seismic activity 
(number of power-downs and shutdowns), observed throughout all 
monitoring activities;
    (iii) An estimate of the number (by species) of: (A) Pinnipeds that 
have been exposed to the seismic activity (based on visual observation) 
at received levels greater than or equal to 160 dB re 1 [mu]Pa (rms) 
and/or 190 dB re 1 [mu]Pa (rms) with a discussion of any specific 
behaviors those individuals exhibited; and (B) cetaceans that have been 
exposed to the seismic activity (based on visual observation) at 
received levels greater than or equal to 160 dB re 1 [mu]Pa (rms) and/
or 180 dB re 1 [mu]Pa (rms) with a discussion of any specific behaviors 
those individuals exhibited.
    (iv) A description of the implementation and effectiveness of the: 
(A) Terms and conditions of the Biological Opinion's Incidental Take 
Statement (ITS); and (B) mitigation measures of this Authorization. For 
the Biological Opinion, the report shall confirm the implementation of 
each Term and Condition, as well as any conservation recommendations, 
and describe their effectiveness, for minimizing the adverse effects of 
the action on Endangered Species Act-listed marine mammals.
    (c) Submit a draft Technical Report on all activities and 
monitoring results to NMFS' Permits and Conservation Division within 90 
days of the completion of the seismic survey. The Technical Report will 
include the following information:
    (i) Summaries of monitoring effort (e.g., total hours, total 
distances, and marine mammal distribution through the study period, 
accounting for sea state and other factors affecting visibility and 
detectability of marine mammals);
    (ii) Analyses of the effects of various factors influencing 
detectability of marine mammals (e.g., sea state, number of observers, 
and fog/glare);
    (iii) Species composition, occurrence, and distribution of marine 
mammal sightings, including date, water depth, numbers, age/size/gender 
categories (if determinable), group sizes, and ice cover;
    (iv) Analyses of the effects of survey operations; and
    (v) Sighting rates of marine mammals during periods with and 
without seismic survey activities (and other variables that could 
affect detectability), such as: (A) Initial sighting distances versus 
survey activity state; (B) closest point of approach versus survey 
activity state; (C) observed behaviors and types of movements versus 
survey activity state; (D) numbers of sightings/individuals seen versus 
survey activity state; (E) distribution around the source vessels 
versus survey activity state; and (F) estimates of take by Level B 
harassment based on presence in the 160 dB harassment zone.

[[Page 14940]]

    (d) Submit a final report to the Chief, Permits and Conservation 
Division, Office of Protected Resources, NMFS, within 30 days after 
receiving comments from NMFS on the draft report. If NMFS decides that 
the draft report needs no comments, the draft report shall be 
considered to be the final report.
    (e) SAE must immediately report to NMFS if 25 belugas are detected 
within the 160 dB re 1 [mu]Pa (rms) disturbance zone during seismic 
survey operations to allow NMFS to consider making necessary 
adjustments to monitoring and mitigation.
    9. (a) In the unanticipated event that the specified activity 
clearly causes the take of a marine mammal in a manner prohibited by 
this Authorization, such as an injury (Level A harassment), serious 
injury or mortality (e.g., ship-strike, gear interaction, and/or 
entanglement), SAE shall immediately cease the specified activities and 
immediately report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, NMFS, or her 
designees by phone or email (telephone: 301-427-8401 or 
<a href="/cdn-cgi/l/email-protection#7625170417582f19031811361819171758111900"><span class="__cf_email__" data-cfemail="e3b0829182cdba8c968d84a38d8c8282cd848c95">[email protected]</span></a>), the Alaska Regional Office (telephone: 907-271-
1332 or <a href="/cdn-cgi/l/email-protection#a3e1c2d1c1c2d1c28deec2cbcccdc6dae3cdccc2c28dc4ccd5"><span class="__cf_email__" data-cfemail="480a293a2a293a296605292027262d310826272929662f273e">[email protected]</span></a>), and the Alaska Regional Stranding 
Coordinators (telephone: 907-586-7248 or <a href="/cdn-cgi/l/email-protection#94d5f8f1e6fdf5badef1fae7f1fad4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="27664b42554e46096d4249544249674948464609404851">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#5715362535362536791a363f3839322e173938363679303821"><span class="__cf_email__" data-cfemail="f1b3908393908390dfbc90999e9f9488b19f9e9090df969e87">[email protected]</span></a>). The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) The name and type of vessel involved;
    (iii) The vessel's speed during and leading up to the incident;
    (iv) Description of the incident;
    (v) Status of all sound source use in the 24 hours preceding the 
incident;
    (vi) Water depth;
    (vii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (viii) Description of marine mammal observations in the 24 hours 
preceding the incident;
    (ix) Species identification or description of the animal(s) 
involved;
    (x) The fate of the animal(s); and
    (xi) Photographs or video footage of the animal (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with SAE to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. SAE may not resume their 
activities until notified by NMFS via letter or email, or telephone.
    (b) In the event that SAE discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
SAE will immediately report the incident to the Chief of the Permits 
and Conservation Division, Office of Protected Resources, NMFS, her 
designees, and the NMFS Alaska Stranding Hotline (see contact 
information in Condition 9(a)). The report must include the same 
information identified in the Condition 9(a) above. Activities may 
continue while NMFS reviews the circumstances of the incident. NMFS 
will work with SAE to determine whether modifications in the activities 
are appropriate.
    (c) In the event that SAE discovers an injured or dead marine 
mammal, and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in Condition 2 
of this Authorization (e.g., previously wounded animal, carcass with 
moderate to advanced decomposition, or scavenger damage), SAE shall 
report the incident to the Chief of the Permits and Conservation 
Division, Office of Protected Resources, NMFS, her designees, the NMFS 
Alaska Stranding Hotline (1-877-925-7773), and the Alaska Regional 
Stranding Coordinators within 24 hours of the discovery (see contact 
information in Condition 9(a)). SAE shall provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to NMFS and the Marine Mammal Stranding Network. Activities 
may continue while NMFS reviews the circumstances of the incident.
    10. SAE is required to comply with the Reasonable and Prudent 
Measures and Terms and Conditions of the ITS corresponding to NMFS' 
Biological Opinion issued to both U.S. Army Corps of Engineers and 
NMFS' Office of Protected Resources.
    11. A copy of this Authorization and the ITS must be in the 
possession of all contractors and PSOs operating under the authority of 
this Incidental Harassment Authorization.
    12. Penalties and Permit Sanctions: Any person who violates any 
provision of this Incidental Harassment Authorization is subject to 
civil and criminal penalties, permit sanctions, and forfeiture as 
authorized under the MMPA.
    13. This Authorization may be modified, suspended or withdrawn if 
the Holder fails to abide by the conditions prescribed herein or if the 
authorized taking is having more than a negligible impact on the 
species or stock of affected marine mammals, or if there is an 
unmitigable adverse impact on the availability of such species or 
stocks for subsistence uses.
-----------------------------------------------------------------------
Donna S. Wieting, Director, Office of Protected Resources National 
Marine Fisheries Service
-----------------------------------------------------------------------
Date

 Table 1--Authorized Take Numbers for Each Marine Mammal Species in Cook
                                  Inlet
------------------------------------------------------------------------
                                                            Authorized
                                                            take in the
                         Species                            Cook Inlet
                                                            action area
------------------------------------------------------------------------
                               Mysticetes
------------------------------------------------------------------------
Humpback whale (Megaptera novaeangliae).................             158
Gray whale (Eschrichtius robustus)......................               7
Minke whale.............................................               1
(Balaenoptera acutorostra)..............................
------------------------------------------------------------------------
                               Odontocetes
------------------------------------------------------------------------
Dall's porpoise (Phocoenoides dalli)....................              14
Beluga whale (Delphinapterus leucas)....................              30
Killer whale (Orcinus orca).............................              55
Harbor porpoise (Phocoena phocoena).....................             219
------------------------------------------------------------------------
                                Pinnipeds
------------------------------------------------------------------------
Steller sea lion (Eumetopias jubatus)...................             542
Harbor seal (Phoca vitulina richardsi)..................           1,223
------------------------------------------------------------------------


     Dated: March 16, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-06386 Filed 3-19-15; 8:45 am]
BILLING CODE 3510-22-P


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