13710 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB809] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Weapons 

Testing at Vandenberg Space Force 

Base, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of two 

incidental harassment authorizations. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued two consecutive 

IHAs to the United States Department of 

the Air Force (DAF) to incidentally 

harass, by Level B harassment only, 

marine mammals during two years of 

testing of the Long Range Cannon (LRC) 

system at Vandenberg Space Force Base 

(VSFB), California. The DAF’s activities 

are considered military readiness 

activities pursuant to the MMPA, as 

amended by the National Defense 

Authorization Act for Fiscal Year 2004 

(2004 NDAA). 

DATES: The Year 1 Authorization is 

effective from October 1, 2023 to 

September 30, 2024. The Year 2 

Authorization is effective from October 

1, 2024 to September 30, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed 

incidental harassment authorization is 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The 2004 NDAA (Pub. L. 108–136) 

removed the ‘‘small numbers’’ and 

‘‘specified geographical region’’ 

limitations indicated above and 

amended the definition of ‘‘harassment’’ 

as applied to a ‘‘military readiness 

activity.’’ The activity for which 

incidental take of marine mammals is 

being requested addressed here qualifies 

as a military readiness activity. The 

definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

Summary of Request 

On July 15, 2021, NMFS received a 

request from the DAF for two 

consecutive IHAs to take marine 

mammals incidental to LRC testing at 

VSFB, California. The application was 

deemed adequate and complete on 

November 19, 2021. The DAF’s request 

is for take of California sea lions, Steller 

sea lions, harbor seals, and northern 

elephant seals by Level B harassment. 

Neither the DAF nor NMFS expects 

serious injury or mortality to result from 

these activities and, therefore, IHAs are 

appropriate. The issued IHAs would 

each cover one year of the two-year 

project. 

Description of Activities 

Overview 

The DAF is planning to conduct test 

activities of the LRC system at VSFB 

over 2 years and requested the issuance 

of two consecutive one-year IHAs. The 

LRC system is a multi-element, multiphase test program of the U.S. Army’s 

(Army’s) next-generation artillery 

systems. Major components of the 

artillery system include the cannon, gun 

mount, artillery projectile, and 

propelling charges. These components 

would be sited at the existing 

deactivated Launch Facility (LF)-05 site 

on VSFB. The proposed activities would 

include testing of the LRC by firing nonexplosive projectiles over the Pacific 

Ocean from the VSFB shoreline onto 

and beyond the Point Mugu Sea Range 

(PMSR). A total of 77 projectiles are 

proposed to be fired over 51 test event 

days (39 events in year 1 and 12 events 

in year 2). 

A detailed description of the planned 

testing activities is provided in the 

Federal Register notice of the proposed 

IHAs (87 FR 762; January 6, 2022). Since 

that time, no changes have been made 

to the project activities. Therefore, a 

detailed description is not provided 

here. Please refer to that Federal 

Register notice for the description of the 

specified activities. 

Comments and Responses 

A notice of NMFS’s proposal to issue 

IHAs to DAF was published in the 

Federal Register on January 6, 2022 (87 

FR 762). That notice described, in 

detail, DAF’s activities, the marine 

mammal species that may be affected by 

the activities and the anticipated effects 

on marine mammals. During this period, 

NMFS received an informal comment 

from the Marine Mammal Commission 

(MMC) suggesting that we revise text in 

the Federal Register notice of issuance 

and the final issued IHAs to match 

language from VSFB final rule (84 FR 

14314; April 10, 2019), condition in 

§ 217.65(b)(3)(i) to (iv) pertaining to 

required reporting measures. We agreed 

to make this change. 

Changes From the Proposed IHAs to 

Final IHAs 

NMFS notes that changes were made 

from the notice of proposed IHAs (87 FR 

762; January 6, 2022) and draft IHAs to 

this Federal Register notice of issuance 

and both issued IHAs in response to an 

informal comment from the MMC. In 

the Proposed Monitoring and Reporting 

section of the notice of proposed IHAs 

(87 FR 762; January 6, 2022) as well as 

6(c)(iii) and (iv) in both draft IHAs, the 

following language pertaining to 

monitoring report content was removed: 

• Number, species, and any other 

relevant information regarding marine 

mammals observed and estimated 

exposed/taken during activities; and 

• Description of the observed 

behaviors (in both presence and absence 

of test activities). 

The text below has been included in 

this Federal Register notice of issuance 


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and in 6(c)(iii) through 6(c)(vii) of both 

issued IHAs: 

• Number and species of pinnipeds 

present on the haulout prior to 

commencement of cannon testing; 

• Description of pinniped behavior in 

the absence of cannon testing (before 

and after); 

• Number and species of pinnipeds 

that may have been harassed as noted by 

the number of pinnipeds estimated to 

have moved in response to the source of 

disturbance, ranging from short 

withdrawals at least twice the animal’s 

body length to longer retreats over the 

beach, or if already moving a change of 

direction of greater than 90 degree, or, 

entered the water as a result of cannon 

testing; 

• For any pinnipeds that entered the 

water, the length of time they remained 

off the haulout; and 

• Description of behavioral 

modifications by pinnipeds that were 

likely the result of cannon testing. 

No other changes have been made to 

this notice or either of the IHAs that 

were issued to the DAF. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history, of the potentially 

affected species. Additional information 

regarding population trends and threats 

may be found in NMFS’s Stock 

Assessment Reports (SARs; https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and more 

general information about these species 

(e.g., physical and behavioral 

descriptions) may be found on NMFS’s 

website (https://

www.fisheries.noaa.gov/find-species). 

Table 1 lists all species or stocks for 

which take is expected and proposed to 

be authorized for this action, and 

summarizes information related to the 

population or stock, including 

regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. For taxonomy, we follow 

Committee on Taxonomy (2021). PBR is 

defined by the MMPA as the maximum 

number of animals, not including 

natural mortalities, that may be removed 

from a marine mammal stock while 

allowing that stock to reach or maintain 

its optimum sustainable population (as 

described in NMFS’s SARs). While no 

serious injury or mortality is anticipated 

or authorized here, PBR and annual 

serious injury and mortality from 

anthropogenic sources are included here 

as gross indicators of the status of the 

species and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’s stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’s U.S. SARs (e.g., Carretta et al., 

2021a). All values presented in Table 2 

are the most recent available at the time 

of publication and are available in the 

2020 U.S. Pacific SARs (Carretta et al., 

2021a) and 2021 draft Pacific and 

Alaska SARs (Carretta et al., 2021b, 

Muto et al., 2021) available online at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessmentreports. 

TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA THAT MAY BE AFFECTED BY THE

PROPOSED ACTIVITIES

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance (CV, 

Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Carnivora—Superfamily Pinnipedia 

Family Otariidae (eared seals 

and sea lions): 

California sea lion ............... Zalophus californianus .............. U.S ............................................ -, -, N 257,606 (n/a, 233,515, 

2014).

14,011 >320 

Steller sea lion .................... Eumetopias jubatus .................. Eastern U.S .............................. -, -, N 43,201 (43,201, 2017) .... 2,592 112 

Family Phocidae (earless seals): 

Harbor seal ......................... Phoca vitulina richardsi ............. California ................................... -, -, N 30,968 (N/A, 27,348, 

2012).

1,641 43 

Northern Elephant seal ....... Mirounga angustirostris ............ California Breeding ................... -, -, N 187,386 (N/A, 85,369, 

2013).

5,122 13.7 

1Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the 

ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or 

which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically 

designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. 

A detailed description of the species 

likely to be affected by the LRC 

activities, including brief information 

regarding population trends and threats, 

and information regarding local 

occurrence, were provided in the 

Federal Register notice for the proposed 

IHA (87 FR 762; January 6, 2022). Since 

that time, we are not aware of any 

changes in the status of these species 

and stocks; therefore, detailed 

descriptions are not provided here. 

Please refer to that Federal Register 

notice for those descriptions. Please also 

refer to NMFS’s website (https://

www.fisheries.noaa.gov/find-species) for 

generalized species accounts. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Current data indicate 


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13712 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices 

that not all marine mammal species 

have equal hearing capabilities (e.g., 

Richardson et al., 1995; Wartzok and 

Ketten, 1999). To reflect this, Southall et 

al., (2007) recommended that marine 

mammals be divided into functional 

hearing groups based on directly 

measured or estimated hearing ranges 

on the basis of available behavioral 

response data, audiograms derived 

using auditory evoked potential 

techniques, anatomical modeling, and 

other data. Note that no direct 

measurements of hearing ability have 

been successfully completed for 

mysticetes (i.e., low-frequency 

cetaceans). A functional group for 

pinnipeds exposed to sounds out of 

water was established with a hearing 

range shown in Table 2. This is based 

on behavioral measurements of hearing 

for several pinniped species. 

TABLE 2—MARINE MAMMAL FUNCTIONAL HEARING GROUP FOR

PINNIPEDS (IN AIR) AND ITS GENERALIZED HEARING RANGE

Hearing group Generalized hearing 

range * 

Pinnipeds (in air) ....... 75 Hz to 30 kHz. 

* Southall et al., 2007. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of testing activities have 

the potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the study area. The Federal 

Register notice for the proposed IHAs 

(87 FR 762; January 6, 2022) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and their habitat, therefore 

that information is not repeated here; 

please refer to the Federal Register 

notice (87 FR 762; January 6, 2022) for 

that information. 

Estimated Take 

This section provides an estimate of 

the number of incidental takes 

authorized through this IHA, which will 

inform NMFS’ negligible impact 

analysis and determination. 

Harassment is the only type of take 

expected to result from these activities. 

For this military readiness activity, the 

MMPA defines ‘‘harassment’’ as (i) Any 

act that injures or has the significant 

potential to injure a marine mammal or 

marine mammal stock in the wild (Level 

A harassment); or (ii) Any act that 

disturbs or is likely to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of natural 

behavioral patterns, including, but not 

limited to, migration, surfacing, nursing, 

breeding, feeding, or sheltering, to a 

point where the behavioral patterns are 

abandoned or significantly altered 

(Level B harassment). 

Authorized takes would be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to airborne sounds from 

cannon fire and sonic booms. Based on 

the nature of the activity, Level A 

harassment and Level B harassment in 

the form of TTS are neither anticipated 

nor proposed to be authorized. 

As described previously, no mortality 

is anticipated or authorized for this 

activity. Below we describe how the 

take is estimated. 

Generally speaking, we estimate take 

by considering: (1) Acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area that 

will be ensonified above these levels in 

a day; (3) the density or occurrence of 

marine mammals within these 

ensonified areas; and, (4) the number of 

days of activities. We note that while 

these basic factors can contribute to a 

basic calculation to provide an initial 

prediction of takes, additional 

information that can qualitatively 

inform take estimates is also sometimes 

available (e.g., previous monitoring 

results or average group size). Below, we 

describe the factors considered here in 

more detail and present the proposed 

take estimate. 

Acoustic Thresholds 

Though significantly driven by 

received level, the onset of behavioral 

disturbance from anthropogenic noise 

exposure is also informed to varying 

degrees by other factors related to the 

source (e.g., frequency, predictability, 

duty cycle), the environment (e.g., 

bathymetry), and the receiving animals 

(hearing, motivation, experience, 

demography, behavioral context) and 

can be difficult to predict (Southall et 

al., 2007, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a factor that is both predictable 

and measurable for most activities, 

NMFS uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. Generally, for in-air sounds, 

NMFS predicts that harbor seals 

exposed above received levels of 90 dB 

re 20 micropascal (mPa) root mean 

square (rms) will be behaviorally 

harassed, and other pinnipeds will be 

harassed when exposed above 100 dB re 

20 mPa (rms). However, more recent data 

suggest that pinnipeds will be harassed 

when exposure is above 100 dB Sound 

Exposure Level (SEL) (unweighted) 

(Criteria and Thresholds for U.S. Navy 

Acoustic and Explosive Effects Analysis 

(Phase III) Technical Report (U.S. 

Department of the Navy, 2017)) as 

shown in Table 3. NMFS helped 

develop the Phase III criteria and 

previously used this threshold for the 

SNI, PMSR incidental harassment 

authorization (84 FR 28,462; June 19, 

2019). Therefore, NMFS is using 100 dB 

re 20 mPa2s SEL (unweighted) here. 

TABLE 3—BEHAVIORAL THRESHOLD

FOR IMPULSIVE SOUND FOR PINNIPEDS

Species 

Level B harassment 

by behavior 

disturbance 

threshold 

All pinniped species 

(in-air).

100 dB re 20 μPa2s 

SEL (unweighted). 

Each time the LRC is fired it would 

generate blast noise from the cannon 

firing and a nearly simultaneous sonic 

boom from the projectile as it travels 

along its flight path. The blast noise can 

be described as an overpressure, and 

would be highest in the immediate 

vicinity of the cannon and dissipate 

with distance from the LF–05 site. The 

sound from the cannon fire and blast 

and the sonic boom would reach the 

beach nearly simultaneously, and the 

two sounds would be indistinguishable 

to pinnipeds on the beach or just 

offshore. 

TABLE 4—TTS/PTS IN-AIR THRESHOLDS FOR PINNIPEDS IN-AIR

Group 

Impulsive 

TTS threshold 

SEL 

(weighted) 

TTS threshold 

peak SPL 

(unweighted) 

PTS threshold 

SEL 

(weighted) 

PTS threshold 

peak SPL 

(unweighted) 

All other Pinnipeds ........................................................................................... 146 170 161 176 


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TABLE 4—TTS/PTS IN-AIR THRESHOLDS FOR PINNIPEDS IN-AIR—Continued 

Group 

Impulsive 

TTS threshold 

SEL 

(weighted) 

TTS threshold 

peak SPL 

(unweighted) 

PTS threshold 

SEL 

(weighted) 

PTS threshold 

peak SPL 

(unweighted) 

Harbor seals .................................................................................................... 123 155 138 161

The in-air Sound Pressure Level (SPL) 

generated by the combined cannon blast 

and sonic boom is likely only to exceed 

the temporary threshold shift (TTS) 

threshold (155 dB re 20 mPa) shown in 

Table 4 onshore directly west of LF–05. 

The 155 dB re 20 mPa threshold only 

applies to harbor seals. The TTS 

threshold for all other pinnipeds is 170 

dB re 20 mPa as shown in Table 4 which 

is well above calculated in-air sound 

levels. This area consists of 

approximately 0.15 km of rocky 

shoreline and 0.20 km of narrow sandy 

beach, with an approximate maximum 

of 150 feet (46 meters) of dry sand at 

low tides, comprising the northern tip of 

Minuteman Beach. Three pinniped 

species (California sea lion, northern 

elephant seal, and Pacific harbor seal) 

could potentially utilize this location. 

However, observations of live pinnipeds 

on Minuteman Beach are very 

infrequent and have been limited to 

only California sea lions, and appear 

coincident with elevated concentrations 

of domoic acid (red tide) in nearshore 

waters (Evans 2020). Harbor seals have 

never been observed at this location. 

Because of their rare occurrence on 

Minuteman Beach and the lack of 

documented use of the coastal strand 

area between LF–05 and Minuteman 

Beach, it is very unlikely that any 

marine mammals, including harbor 

seals, would be present in that portion 

of the Project Area. In summary, and 

based on this analysis, TTS effects 

would be very unlikely for harbor seals 

and discountable for all other pinniped 

species. In addition, no PTS or other 

direct injury to pinnipeds is anticipated 

from in-air noise caused by LRC testing 

activities. 

The nearest pinniped haulout from 

LF–05 is Lion’s Head, which is 

approximately 0.5 km distant and is 

used by harbor seals. California sea 

lions could also use this location but 

have not been observed in the past 6 

years of monthly counts performed by 

the DAF (U.S. Air Force 2020; Evans 

2020). The maximum in-air SPL 

received at Lion’s Head from the cannon 

blast is predicted to be 148 dB re 20 mPa 

(See Figure 6–1 in application), and the 

SPL from the sonic boom is predicted to 

be 8.5 psf (146.2 dB re 20 mPa; Figure 

6–2 in application). The combined SPL 

received on the beach at Lion’s Head, 

assuming noise from both sources 

arrived simultaneously, would be 150.2 

dB re 20 mPa (calculated as described in 

the previous section).This total SPL is 

less than the TTS threshold for all 

pinniped hearing groups. 

Marine Mammal Occurrence and Take 

Estimation 

To conservatively estimate the 

number of pinnipeds that would 

potentially be exposed to noise levels 

above the Level B harassment 

behavioral threshold during test events, 

the analysis considered the maximum 

number of pinnipeds observed at 

haulouts within the predicted 100 dB re 

20 mPa2sec or greater SEL. The furthest 

haulout within this area is Lion Rock. 

Therefore, pinnipeds observed at the 

Lion Rock haulout were included to 

estimate the numbers of pinnipeds 

exposed during each test event day. 

During Test 1, the cannon will be fired 

multiple times per day. Because the 

analysis assumes all hauled-out 

pinnipeds would react to the initial 

noise by either an alert reaction, 

reorienting their position on land, or 

leaving the haulout and returning to the 

water, multiple cannon blasts in 

succession would result in only one 

take for each individual on a given day. 

A total of 35 firing events would occur 

during the test event which uses only 

Projectile A. Ten tests would occur 

during the weeks 1 and 2 and the 

remaining 25 tests would occur over the 

course of 13 test days during weeks 3 

through 5. Similarly, for Test 2 one 

Projectile A and one Projectile B would 

be fired on each of 3 days during a 2- 

week period. For Tests 1, 2, and 3 one 

Projectile A and one Projectile C would 

be fired on each of 6 test days over a 2- 

week period. Over the entire testing 

period (from calendar year 2023 through 

2025) there will be a total of 51 days 

when test events would produce in-air 

noise at levels that could potentially 

result in take of pinnipeds by Level B 

harassment. 

Estimated take of California sea lions 

by Level B harassment was calculated 

by taking the highest number of 

individuals (n = 883) observed on a 

single day during the three most recent 

aerial surveys (2013, 2016, 2017) of Lion 

Rock multiplied by the number of days 

(39 for year 1 and 12 for year 2) over 

which each test event would occur. 

Surveys were performed by NMFS 

(NMFS 2020b). The total number of 

exposures to in-air noise from the 

proposed testing would result in an 

estimated 34,437 takes by Level B 

harassment during Year 1 and 10,596 

takes by Level B harassment during Year 

2 (Table 6, Table 7). Therefore the DAF 

requested, and NMFS has authorized 

this amount of Level B harassment by 

behavioral disruption for the Year 1 and 

Year 2 IHAs, respectively. 

The DAF estimated take by Level B 

harassment by assuming that the 

number of Steller sea lions (n = 3) 

observed once at Lion Rock in October 

2017 could occur during each day of 

testing. The total number of exposures 

to in-air noise from the proposed testing 

would result in an estimated 117 takes 

by Level B harassment in Year 1 and 36 

takes by Level B harassment in Year 2. 

The DAF requested and NMFS has 

authorized 117 takes during Year 1 and 

36 takes during Year 2 by Level B 

harassment from behavioral disruption, 

as shown in Table 5 and Table 6. 

Take of harbor seals was calculated by 

taking the highest number observed 

hauled out at Little Sal (n = 10) and 

Lion’s Head (n = 9) during monthly 

counts in 2019 and 2020 (U.S. Air Force 

2020, In Prep.), resulting in a total of 19 

harbor seals for each test event. This 

resulted in an estimate of 741 takes in 

Year 1 and 228 takes in Year 2 by Level 

B harassment. Therefore, the DAF 

requested and NMFS has authorized 741 

takes during Year 1 and 228 takes 

during Year 2 by Level B harassment 

from behavioral disruption (Table 5, 

Table 6). 

Northern elephant seals have not been 

observed hauled out at any locations 

within the project area in which Level 

B harassment could occur. However, 

overall numbers have been increasing 

on VSFB over the past decade (U.S. Air 

Force 2020), and it is possible that 

northern elephant seals may begin to 

occupy areas where they have not 

previously been observed. The DAF 

conservatively assumed that one 


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northern elephant seal may be exposed 

to in-air noise resulting in behavioral 

disturbance during each test event. 

Therefore, NMFS has authorized 39 

takes during Year 1 and 12 takes during 

Year 2 by Level B harassment from 

behavioral disruption (Table 5, Table 6). 

TABLE 5—ESTIMATED TAKES BY LEVEL B HARASSMENT BY TEST EVENT AND TEST SCHEDULE

Test dates IHA year 1 IHA year 2 

Test event 1 2 3 4 5 

California sea lion ................................................................ 26,490 2,649 5,298 5,298 5,298 

Steller sea lion ..................................................................... 90 9 18 18 18 

Harbor seal .......................................................................... 570 57 114 114 114 

Northern elephant seal ........................................................ 30 3 6 6 6 

All .................................................................................. 27,180 2,718 5,436 5,436 5,436 

TABLE 6—LEVEL B HARASSMENT TAKE ESTIMATES BY YEAR

Species 

Estimated 

number of 

Level B 

harassment 

events 

year 1 

Estimated 

number of 

Level B 

harassment 

events 

year 2 

California Sea lion ................................................................................................................................................... 34,437 10,596 

Steller sea lion ......................................................................................................................................................... 117 36 

Harbor seal .............................................................................................................................................................. 741 228 

Northern elephant seal ............................................................................................................................................ 39 12 

Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks and their habitat (50 CFR 

216.104(a)(11)). The NDAA for FY 2004 

amended the MMPA as it relates to 

military readiness activities and the 

incidental take authorization process 

such that ‘‘least practicable impact’’ 

shall include consideration of personnel 

safety, practicality of implementation, 

and impact on the effectiveness of the 

military readiness activity. 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, we carefully consider two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned) and the 

likelihood of effective implementation 

(probability implemented as planned); 

and 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost, 

impact on operations, and, in the case 

of a military readiness activity, 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

The DAF must employ Protected 

Species Observers (PSOs) at established 

monitoring locations as described in the 

Monitoring and Reporting section. PSOs 

must monitor the project area to the 

maximum extent possible based on the 

required number of PSOs, required 

monitoring locations, and 

environmental conditions. 

The DAF, when practicable, would 

perform LRC test activities when tides 

are greater than 1.0 foot (0.3 m). This is 

when haulouts tend to be unoccupied 

by pinnipeds and would reduce the 

number of exposures. 

To prevent unauthorized take of 

marine mammals, test activities must be 

halted upon observation of either a 

species for which incidental take is not 

authorized or a species for which 

incidental take has been authorized but 

the authorized number of takes has been 

met. 

Based on our evaluation of the 

applicant’s planned measures, NMFS 

has determined that the proposed 

mitigation measures provide the means 

effecting the least practicable impact on 

the affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

Monitoring and Reporting 

In order to issue an IHA 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 authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and the level of taking or 

impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 


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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices 13715 

most value is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density). 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas). 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors. 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks. 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat). 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring and Recording 

PSOs must commence monitoring at 

Lion’s Head, Little Sal, northern end of 

Minuteman Beach (beach between 

Minuteman Beach parking area and LF– 

05), and Lion Rock at least 72 hours 

prior to LRC test events and continue 

until at least 48 hours after each event. 

PSO’s will be stationed at locations 

offering the best possible view of 

individual haulout sites. During each 

daily monitoring effort, surveys (counts 

with binoculars and spotting scopes, if 

necessary) will be conducted hourly for 

6 hours (6 counts per day) centered 

around the late morning or afternoon 

low tides as much as possible. Monitors 

will record species; number of animals 

hauled out; general behavior; presence 

of pups; age class; and gender. 

Environmental conditions will also be 

monitored including tide, wind speed, 

air temperature, and swell. 

PSOs cannot be present to survey 

Little Sal and Lion’s Head when live 

cannon fire is underway for safety 

purposes, therefore, video recording of 

pinnipeds would be conducted during 

live fire testing in order to record any 

reaction to the blast noise and sonic 

boom. Lion Rock is approximately 0.25 

mi (0.4 km) from the closest observation 

location and only half of the offshore 

rock is visible from land so it may be 

monitored via drone rather than 

traditional survey methods (spotting 

scopes and binoculars). The DAF would 

prefer to use a drone so that the entire 

rock can be observed. However, if DAF 

is unable to secure necessary permits, 

protected species observers (PSOs) 

would use a spotting scope to observe 

reactions during test events as an 

alternative. 

Reporting 

Technical reports will be submitted to 

the NMFS’ Office of Protected Resources 

within 90 days from the date that each 

IHA expires. This report will provide 

full documentation of methods, results, 

and interpretation pertaining to LRC 

testing activities covered under these 

proposed IHAs. 

The DAF will submit reports that 

include: 

• Summary of test activities (dates 

and times); 

• Summary of mitigation and 

monitoring measures implemented; 

• Number and species of pinnipeds 

present on the haulout prior to 

commencement of cannon testing; 

• Description of pinniped behavior in 

the absence of cannon testing (before 

and after); 

• Number and species of pinnipeds 

that may have been harassed as noted by 

the number of pinnipeds estimated to 

have moved in response to the source of 

disturbance, ranging from short 

withdrawals at least twice the animal’s 

body length to longer retreats over the 

beach, or if already moving a change of 

direction of greater than 90 degree, or, 

entered the water as a result of cannon 

testing; 

• For any pinnipeds that entered the 

water, the length of time they remained 

off the haulout; 

• Description of behavioral 

modifications by pinnipeds that were 

likely the result of cannon testing; 

• Environmental conditions when 

observations were made including 

visibility, air temperature, clouds, wind 

speed and direction, tides, and swell 

height and direction; and 

• Assessment of the implementation 

and effectiveness of mitigation and 

monitoring measures. 

If a dead or seriously injured 

pinniped is found during post-firing 

monitoring, the incident must be 

reported to the NMFS Office of 

Protected Resources and NMFS West 

Coast Regional Stranding Coordinator 

immediately. In the unanticipated event 

that any cases of pinniped mortality are 

judged to result from LRC testing 

activities at any time during the period 

covered by these IHAs, this will be 

reported to NMFS and the West Coast 

Stranding Coordinator. The report must 

include the following information: 

1. Time and date of the incident; 

2. Description of the incident; 

3. Environmental conditions (e.g., 

wind speed and direction, cloud cover, 

and visibility); 

4. Description of all marine mammal 

observations and active sound source 

use in the 24 hours preceding the 

incident; 

5. Species identification or 

description of the animal(s) involved; 

6. Fate of the animal(s); and 

7. Photographs or video footage of the 

animal(s). 

Testing activities must not resume 

until NMFS is able to review the 

circumstances of the prohibited take. If 

it is determined that the unauthorized 

take was caused by LRC activities, 

NMFS will work with the Holder to 

determine what measures are necessary 

to minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. The DAF may not resume 

their activities until notified by NMFS. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(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., populationlevel effects). An estimate of the number 

of 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 harassment, NMFS considers 

other factors, such as the likely nature 

of any responses (e.g., intensity, 

duration), the context of any responses 

(e.g., critical reproductive time or 

location, migration), as well as effects 

on habitat, and the likely effectiveness 

of the mitigation. We also assess the 

number, intensity, and context of 

estimated takes by evaluating this 

information relative to population 

status. Consistent with the 1989 

preamble for NMFS’s implementing 

regulations (54 FR 40338; September 29, 


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1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the environmental baseline 

(e.g., as reflected in the regulatory status 

of the species, population size and 

growth rate where known, ongoing 

sources of human-caused mortality, or 

ambient noise levels). 

To avoid repetition, the discussion of 

our analyses applies to all the species 

listed in Table 6, given that the 

anticipated effects of this activity on 

these different marine mammal species 

are expected to be similar. Activities 

associated with the proposed activities, 

as outlined previously, have the 

potential to disturb or displace marine 

mammals. 

The specified activities may result in 

take, in the form of Level B harassment 

(behavioral disturbance) only, from 

airborne sounds associated with LRC 

fire and accompanying sonic booms. 

Based on the best available information, 

including monitoring reports from 

similar activities (i.e., sonic booms) at 

VSFB and nearby launch facilities, 

behavioral responses will likely be 

limited to reactions such as alerting to 

the noise, with some animals possibly 

moving toward or entering the water, 

depending on the species and the 

intensity of the cannon fire and sonic 

booms. Repeated exposures of 

individuals to levels of sound that may 

cause Level B harassment are unlikely 

to result in TTS or PTS. Thresholds for 

PTS are higher than modeled sound 

levels across the entirety of the Project 

Area, and thresholds would not be 

exceeded or significantly disrupt 

foraging behavior. Thus, even repeated 

instances of Level B harassment of some 

small subset of an overall stock is 

unlikely to result in any significant 

realized decrease in fitness to those 

individuals, and thus would not result 

in any adverse impact to the stock as a 

whole. 

If a marine mammal responds to a 

stimulus by changing its behavior (e.g., 

through relatively minor changes in 

locomotion direction/speed), the 

response may or may not constitute 

taking at the individual level, and is 

unlikely to affect the stock or the 

species as a whole. However, if a sound 

source displaces marine mammals from 

an important feeding or breeding area 

for a prolonged period, impacts on 

animals or on the stock or species could 

potentially be significant (e.g., Lusseau 

and Bejder, 2007; Weilgart, 2007). 

Flushing of pinnipeds into the water has 

the potential to result in mother-pup 

separation, or could result in a 

stampede, either of which could 

potentially result in serious injury or 

mortality. However, even in the 

instances of pinnipeds being 

behaviorally disturbed by cannon fire 

and associated sonic booms at VSFB 

and nearby launch facilities no evidence 

has been presented of abnormal 

behavior, injuries or mortalities, or pup 

abandonment as a result of sonic booms. 

These findings came as a result of more 

than two decades of surveys at VSFB. 

Post missile-launch monitoring 

generally reveals a return to normal 

behavioral patterns within minutes up 

to an hour or two of each launch, 

regardless of species (SAIC 2012). 

Therefore, in-air sound associated with 

canon firing and associated sonic booms 

is not expected to impact reproductive 

rates or population levels of affected 

species. 

We do not anticipate that the 

proposed activities would result in any 

temporary or permanent effects on the 

habitats used by the marine mammals in 

the proposed area, including the food 

sources they use (i.e., fish and 

invertebrates) since underwater sound 

levels would not affect prey species. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 

expected to adversely affect the species 

or stocks through effects on annual rates 

of recruitment or survival: 

• No serious injury or mortality is 

anticipated or authorized; 

• No impacts to cetaceans are 

anticipated; 

• No impacts in the form of TTS or 

PTS are expected or authorized; 

• The anticipated incidences of Level 

B harassment are expected to consist of, 

at worst, temporary modifications in 

behavior (i.e., short distance movements 

and occasional flushing into the water), 

which are not expected to adversely 

affect the fitness of any individuals or 

populations; 

• The proposed activities are 

expected to result in no long-term 

changes in the use by pinnipeds of 

haulouts in the project area, based on 

over 20 years of monitoring data; 

• No impacts to marine mammal 

habitat/prey are expected; and 

• The expected efficacy of planned 

mitigation measures in reducing the 

effects of the specified activity to the 

level of least practicable adverse impact. 

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 finds that for both the 

Year 1 IHA and the Year 2 IHA the total 

marine mammal take from the proposed 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA; 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must 39 review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS has 

determined that the issuance of the 

proposed IHAs qualifies to be 

categorically excluded from further 

NEPA review 

Authorizations 

As a result of these determinations, 

NMFS has issued two distinct and 

consecutive one-year IHAs to the 


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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices 13717 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

Department of the Air Force for 

conducting Long Range Cannon testing 

at Vandenberg Space Force Base, 

California from October 1, 2023 to 

September 30, 2024 (Year 1) and from 

October 1, 2024 to September 30, 2025 

(Year 2) provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: March 3, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–05045 Filed 3–9–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB813] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to BHP Billiton Petroleum (Deepwater) 

Inc. for the take of marine mammals 

incidental to geophysical survey activity 

in the Gulf of Mexico. 

DATES: The LOA is effective from March 

7, 2022 through September 7, 2022. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Kim 

Corcoran, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in Federal waters of the 

U.S. Gulf of Mexico (GOM) over the 

course of 5 years (86 FR 5322; January 

19, 2021). The rule was based on our 

findings that the total taking from the 

specified activities over the 5-year 

period will have a negligible impact on 

the affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of those species or stocks for 

subsistence uses. The rule became 

effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

BHP Billiton Petroleum (Deepwater) 

Inc. (BHP) plans to conduct a zero offset 

vertical seismic profile (VSP) survey 

and borehole seismic survey within the 

Green Canyon Block 124, Well number 

002. See attachment 5 of BHP’s 

application for a map. BHP plans to use 

a 6-element, 2,400 cubic inch (in3) 

airgun array. Please see BHP’s 

application for additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

BHP in its LOA request was used to 

develop LOA-specific take estimates 

based on the acoustic exposure 

modeling results described in the 

preamble (86 FR 5322, 5398; January 19, 

2021). In order to generate the 

appropriate take number for 

authorization, the following information 

was considered: (1) Survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

No VSP surveys were included in the 

modeled survey types, and use of 

existing proxies (i.e., 2D, 3D NAZ, 3D 

WAZ, Coil) is generally conservative for 

use in evaluation of these survey types. 

Summary descriptions of these modeled 

survey geometries are available in the 

preamble to the proposed rule (83 FR 

29212, 29220; June 22, 2018). Coil was 

selected as the best available proxy 

survey type for BHP’s survey because 

the spatial coverage of the planned 


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