Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 101555 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on October 3, 

2024, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: International Trade 

Administration, Commerce. 

Title: Interim Procedures for 

Considering Requests under the 

Commercial Availability. 

Provision of the United States– 

Colombia Trade Promotion Agreement. 

Form Number(s): None. 

OMB Control Number: 0625–0272. 

Type of Request: Regular submission, 

extension of a current information 

collection. 

Burden Hours: 89. 

Number of Respondents: 16 (10 for 

Requests; 3 for Responses; 3 for 

Rebuttals). 

Average Hours per Response: 8 hours 

per Request; 2 hours per Response; and 

1 hour per Rebuttal. 

Needs and Uses: Title II, Section 

203(o) of the United States-Colombia 

Trade Promotion Agreement 

Implementation Act (the ‘‘Act’’) [Public 

Law 112–42] implements the 

commercial availability provision 

provided for in Article 3.3 of the United 

States-Colombia Trade Promotion 

Agreement (the ‘‘Agreement’’). The 

Agreement entered into force on May 

15, 2012. Subject to the rules of origin 

in Annex 4.1 of the Agreement, and 

pursuant to the textile provisions of the 

Agreement, a fabric, yarn, or fiber 

produced in Colombia or the United 

States and traded between the two 

countries is entitled to duty-free tariff 

treatment. Annex 3–B of the Agreement 

also lists specific fabrics, yarns, and 

fibers that the two countries agreed are 

not available in commercial quantities 

in a timely manner from producers in 

Colombia or the United States. The 

fabrics listed are commercially 

unavailable fabrics, yarns, and fibers, 

which are also entitled to duty-free 

treatment despite not being produced in 

Colombia or the United States. 

The list of commercially unavailable 

fabrics, yarns, and fibers may be 

changed pursuant to the commercial 

availability provision in Chapter 3, 

Article 3.3, Paragraphs 5–7 of the 

Agreement. Under this provision, 

interested entities from Colombia or the 

United States have the right to request 

that a specific fabric, yarn, or fiber be 

added to, or removed from, the list of 

commercially unavailable fabrics, yarns, 

and fibers in Annex 3–B of the 

Agreement. 

Chapter 3, Article 3.3, paragraph 7 of 

the Agreement requires that the 

President ‘‘promptly’’ publish 

procedures for parties to exercise the 

right to make these requests. Section 

203(o)(4) of the Act authorizes the 

President to establish procedures to 

modify the list of fabrics, yarns, or fibers 

not available in commercial quantities 

in a timely manner in either the United 

States or Colombia as set out in Annex 

3–B of the Agreement. The President 

delegated the responsibility for 

publishing the procedures and 

administering commercial availability 

requests to the Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’), which issues procedures and 

acts on requests through the U.S. 

Department of Commerce, Office of 

Textiles and Apparel (‘‘OTEXA’’) (See 

Proclamation No. 8818, 77 FR 29519, 

May 18, 2012). 

The intent of the Commercial 

Availability Procedures is to foster the 

use of U.S. and regional products by 

implementing procedures that allow 

products to be placed on or removed 

from a product list, on a timely basis, 

and in a manner that is consistent with 

normal business practice. The 

procedures are intended to facilitate the 

transmission of requests; allow the 

market to indicate the availability of the 

supply of products that are the subject 

of requests; make available promptly, to 

interested entities and the public, 

information regarding the requests for 

products and offers received for those 

products; ensure wide participation by 

interested entities and parties; allow for 

careful review and consideration of 

information provided to substantiate 

requests and responses; and provide 

timely public dissemination of 

information used by CITA in making 

commercial availability determinations. 

CITA must collect certain information 

about fabric, yarn, or fiber technical 

specifications and the production 

capabilities of Colombian and U.S. 

textile producers to determine whether 

certain fabrics, yarns, or fibers are 

available in commercial quantities in a 

timely manner in the United States or 

Colombia, subject to Section 203(o) of 

the Act. 

Affected Public: Business or other forprofit organizations. 

Frequency: As needed. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Title II, Section 

203(o) of the United States-Colombia 

Trade Promotion Agreement 

Implementation Act (Pub. L. 112–42). 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0625–0272. 

Sheleen Dumas, 

Departmental PRA Clearance Officer, Office 

of the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–29573 Filed 12–13–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE461] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to a Marine 

Geophysical Survey in the Nauru Basin 

of Greater Micronesia in the Northwest 

Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to the 

Scripps Institution of Oceanography 

(SIO) to incidentally harass marine 

mammals during survey activities 

associated with a marine geophysical 

survey in the Nauru Basin of greater 

Micronesia in the northwest (NW) 

Pacific Ocean. 

DATES: This authorization is effective 

from December 11, 2024 through 

December 10, 2025. 

ADDRESSES: Electronic copies of the 

application and supporting documents, 


lotter on DSK11XQN23PROD with NOTICES1
101556 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing 

these documents, please call the contact 

listed below. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

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 specific 

geographic region if certain findings are 

made and either regulations are 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

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 monitoring and 

reporting of the takings. The definitions 

of all applicable MMPA statutory terms 

cited above are included in the relevant 

sections below. 

Summary of Request 

On June 6, 2024, NMFS received a 

request from the SIO for an IHA to take 

marine mammals incidental to a marine 

geophysical survey in the Nauru Basin 

of greater Micronesia in the NW Pacific 

Ocean. The application was deemed 

adequate and complete on July 30, 2024. 

SIO’s request is for take of 27 species of 

marine mammals, by Level B 

harassment only. Neither SIO nor NMFS 

expect serious injury or mortality to 

result from this activity and, therefore, 

an IHA is appropriate. There are no 

changes from the proposed IHA to the 

final IHA. 

Description of Activity 

Researchers from the Woods Hole 

Oceanographic Institution (WHOI) and 

University of Houston, with funding 

from the National Science Foundation 

(NSF), and implementation by SIO, plan 

to conduct a low-energy marine seismic 

survey using airguns as the acoustic 

source from the research vessel (R/V) 

Sikuliaq (Sikuliaq), which is owned by 

NSF and operated by the University of 

Alaska Fairbanks (UAF). The planned 

survey will occur in the Nauru Basin of 

greater Micronesia in the NW Pacific 

Ocean from approximately December 

2024 to January 2025. The planned 

survey will occur in International 

Waters and within the Exclusive 

Economic Zone (EEZ) of the Republic of 

Marshall Islands, in water depths 

ranging from approximately 4,000–6,000 

meters (m). To complete this 2- 

dimensional (2–D) multi-channel 

seismic (MCS) reflection survey, the 

Sikuliaq will tow a 4-airgun array with 

a total discharge volume of ∼420 cubic 

inches (in3) at a depth of 3 m, operated 

by marine technicians from SIO. The 

airgun array receiver will consist of a 

1,200 m long solid-state hydrophone 

streamer. The airguns will fire at a shot 

interval of 30 m. Approximately 3,158 

kilometers (km) of seismic acquisition is 

planned. Airgun arrays will introduce 

underwater sounds that may result in 

take, by Level B harassment, of marine 

mammals. 

A detailed description of the planned 

geophysical survey was provided in the 

Federal Register notice of the proposed 

IHA (89 FR 81429, October 8, 2024). 

Since that time, no changes have been 

made to the planned survey activities. 

Therefore, a detailed description is not 

provided here. Please refer to that 

Federal Register notice for the 

description of the specified activity. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to SIO was published in the 

Federal Register on October 8, 2024 (89 

FR 81429). That notice described, in 

detail, SIO’s activity, the marine 

mammal species that may be affected by 

the activity, and the anticipated effects 

on marine mammals. In that notice, we 

requested public input on the request 

for authorization described therein, our 

analyses, the proposed authorization, 

and any other aspect of the notice of 

proposed IHA, and requested that 

interested persons submit relevant 

information, suggestions, and 

comments. The proposed notice was 

available for a 30-day public comment 

period. NMFS received no public 

comments. 

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. NMFS fully considered 

all of this information, and we refer the 

reader to these descriptions, instead of 

reprinting the information. Additional 

information about these species (e.g., 

physical and behavioral descriptions) 

may be found on NMFS’ website 

(https://www.fisheries.noaa.gov/findspecies). NMFS refers the reader to the 

aforementioned source for general 

information regarding the species listed 

in table 1. 

The populations of marine mammals 

found in the survey area do not occur 

within the U.S. EEZ and therefore, are 

not assessed in NMFS’ Stock 

Assessment Reports (SAR). For most 

species, there are no stocks defined for 

management purposes in the survey 

area, and NMFS is evaluating impacts at 

the species level and ranges for most 

species evaluated here are considered to 

be the North Pacific. As such, 

information on potential biological 

removal level (PBR; 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) and 

annual levels of serious injury and 

mortality from anthropogenic sources 

are not available for these marine 

mammal populations. Abundance 

estimates for marine mammals in the 

survey location were calculated using 

density data for marine mammals from 

a U.S. Navy Technical Report for the 

region (DoN, 2018). The area covered in 

this report include the Mariana Islands 

Training and Testing (MITT) Study 

Area, within approximately 6–23° N, 

122–150° E, and the transit corridor 

which spans from the MITT Study Area 

to the International Date Line. These 

abundance estimates are considered the 

best scientific information available on 

the abundance of marine mammal 

populations in the area. 

Table 1 lists all species that occur in 

the survey area that may be taken as a 

result of the planned survey and 

summarizes information related to the 

population, including regulatory status 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 101557 

under the MMPA and Endangered 

Species Act (ESA). 

TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES

Common name Scientific name Stock/distinct population segment 

(DPS) 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Abundance 2

Order Artiodactyla—Cetacea—Mysticeti (baleen whales) 

Family Balaenopteridae (rorquals): 

Blue Whale ................................. Balaenoptera musculus ..................... NA ...................................................... E, D, Y 150 

Bryde’s Whale ............................ Balaenoptera edeni ........................... NA ...................................................... -, -, N 1,596 

Fin Whale ................................... Balaenoptera physalus ...................... NA ...................................................... E, D, Y 46 

Humpback Whale ....................... Megaptera novaeangliae ................... Western North Pacific DPS ............... E, D, Y 2,673 

Oceania DPS ..................................... -, -, N 

Minke Whale ............................... Balaenoptera acutorostrata ............... NA ...................................................... -, -, N 450 

Sei Whale ................................... Balaenoptera borealis ........................ NA ...................................................... E, D, Y 821 

Omura’s Whale ........................... Balaenoptera omurai ......................... NA ...................................................... -, -, N 160 

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Physeteridae: 

Sperm Whale .............................. Physeter macrocephalus ................... NA ...................................................... E, D, Y 5,146 

Family Kogiidae: 

Dwarf Sperm Whale ................... Kogia sima ......................................... NA ...................................................... -, -, N 27,395 

Pygmy Sperm Whale .................. Kogia breviceps ................................. NA ...................................................... -, -, N 11,168 

Family Ziphiidae (beaked whales): 

Blainville’s Beaked Whale .......... Mesoplodon densirostris .................... NA ...................................................... -, -, N 3,376 

Cuvier’s Beaked Whale .............. Ziphius cavirostris .............................. NA ...................................................... -, -, N 2,642 

Longman’s Beaked Whale ......... Indopacetus pacificus ........................ NA ...................................................... -, -, N 11,253 

Ginko-Toothed Beaked Whale ... Mesoplodon ginkgodens .................... NA ...................................................... -, -, N 7,567 

Deraniyagala’s Beaked Whale ... Mesoplodon hotaula .......................... NA ...................................................... -, -, N NA 

Family Delphinidae: 

False Killer Whale ...................... Pseudorca crassidens ....................... NA ...................................................... -, -, N 4,218 

Killer Whale ................................ Orcinus orca ...................................... NA ...................................................... -, -, N 253 

Melon-Headed Whale ................. Peponocephala electra ...................... NA ...................................................... -, -, N 16,551 

Pygmy Killer Whale .................... Feresa attenuata ............................... NA ...................................................... -, -, N 527 

Short-Finned Pilot Whale ........... Globicephala macrorhynchus ............ NA ...................................................... -, -, N 6,583 

Bottlenose Dolphin ..................... Tursiops truncatus ............................. NA ...................................................... -, -, N 1,076 

Fraser’s Dolphin ......................... Lagenodelphis hosei .......................... NA ...................................................... -, -, N 76,476 

Pantropical Spotted Dolphin ....... Stenella attenuata .............................. NA ...................................................... -, -, N 85,755 

Risso’s Dolphin ........................... Grampus griseus ............................... NA ...................................................... -, -, N 17,184 

Rough-Toothed Dolphin ............. Steno bredanensis ............................. NA ...................................................... -, -, N 1,815 

Spinner Dolphin .......................... Stenella longirostris ........................... NA ...................................................... -, -, N 5,232 

Striped Dolphin ........................... Stenella coeruleoalba ........................ NA ...................................................... -, -, N 24,528 

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. 2Abundance estimates for marine mammals in the survey location were calculated using density data for marine mammals from the U.S. Navy 

Marine Species Density Database Phase III for the Mariana Islands Training and Testing Study Area report (DoN 2018). 

As indicated above, all 27 species in 

table 1 temporally and spatially cooccur with the activity to the degree that 

take is reasonably likely to occur. All 

species that could potentially occur in 

the planned survey areas are included 

in table 3 of the IHA application. 

A detailed description of the of the 

species likely to be affected by the 

geophysical survey, including brief 

introductions to the species and 

relevant stocks as well as available 

information regarding population trends 

and threats, and information regarding 

local occurrence, were provided in the 

Federal Register notice for the proposed 

IHA (89 FR 81429, October 8, 2024). 

Since that time, we are not aware of any 

changes in the status of these species; 

therefore, detailed descriptions are not 

provided here. Please refer to that 

Federal Register notice for these 

descriptions. Please also refer to NMFS’ 

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. Not all marine mammal 

species have equal hearing capabilities 

(e.g., Richardson et al., 1995; Wartzok 

and Ketten, 1999; Au and Hastings, 

2008). To reflect this, Southall et al., 

(2007, 2019) recommended that marine 

mammals be divided into hearing 

groups based on directly measured 

(behavioral or auditory evoked potential 

techniques) or estimated hearing ranges 

(behavioral response data, anatomical 

modeling, etc.). On October 24, 2024, 

NMFS published (89 FR 84872) the final 

Updated Technical Guidance, which 

includes updated thresholds and 


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weighting functions to inform auditory 

injury estimates, and has replaced the 

2018 Technical Guidance used 

previously (NMFS 2018). The updated 

hearing groups are presented below 

(table 2). The references, analysis, and 

methodology used in the development 

of the hearing groups are described in 

NMFS’ 2024 Technical Guidance, which 

may be accessed at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

TABLE 2—MARINE MAMMAL HEARING GROUPS

[NMFS, 2024] 

Hearing group ∧ Generalized hearing 

range * 

UNDERWATER:.

Low-frequency (LF) cetaceans (baleen whales) + ........................................................................................................... 7 Hz to 36 * kHz. 

High-frequency (HF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) .................................. 150 Hz to 160 kHz. 

Very High-frequency (VHF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus 

cruciger & L. australis).

200 Hz to 165 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ............................................................................................................ 40 Hz to 90 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ....................................................................................... 60 Hz to 68 kHz. 

∧Southall et al., 2019 indicates that as more data become available there may be separate hearing group designations for Very Low-Frequency cetaceans (blue, fin, right, and bowhead whales) and Mid-Frequency cetaceans (sperm, killer, and beaked whales). However, at this 

point, all baleen whales are part of the LF cetacean hearing group, and sperm, killer, and beaked whales are part of the HF cetacean hearing 

group. Additionally, recent data indicates that as more data become available for Monachinae seals, separate hearing group designations may 

be appropriate for the two phocid subfamilies (Ruscher et al., 2021; Sills et al., 2021). 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges may not be as broad. Generalized hearing range chosen based on ∼65 dB threshold from composite audiogram, previous analysis in NMFS 2018, and/or data from Southall et al., 2007; Southall et al., 2019. Additionally, animals are able to detect very loud sounds above 

and below that ‘‘generalized’’ hearing range. 

+ NMFS is aware that the National Marine Mammal Foundation successfully collected preliminary hearing data on two minke whales during 

their third field season (2023) in Norway. These data have implications for not only the generalized hearing range for low-frequency cetaceans 

but also on their weighting function. However, at this time, no official results have been published. Furthermore, a fourth field season (2024) is 

proposed, where more data will likely be collected. Thus, it is premature for us to propose any changes to our current Updated Technical Guidance. However, mysticete hearing data is identified as a special circumstance that could merit re-evaluating the acoustic criteria in this document. Therefore, we anticipate that once the data from both field seasons are published, it will likely necessitate updating this document (i.e., 

likely after the data gathered in the summer 2024 field season and associated analysis are published). 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

SIO’s survey activities have the 

potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the survey area. The notice 

of proposed IHA (89 FR 81429, October 

8, 2024) included a discussion of the 

effects of anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from SIO on marine 

mammals and their habitat. That 

information and analysis is incorporated 

by reference into this final IHA 

determination and is not repeated here; 

please refer to the notice of proposed 

IHA (89 FR 81429, October 8, 2024). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which will 

inform NMFS’ consideration of ‘‘small 

numbers,’’ the negligible impact 

determinations, and impacts on 

subsistence uses. 

Harassment is the only type of take 

expected to result from these activities. 

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 (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). 

Authorized takes will be by Level B 

harassment only, in the form of 

behavioral reactions and/or temporary 

threshold shift (TTS) for individual 

marine mammals resulting from 

exposure to noise from the use of 

seismic airguns. Based on the nature of 

the activity and the anticipated 

effectiveness of the mitigation measures 

(i.e., shutdown) discussed in detail 

below in the Mitigation section, Level A 

harassment is neither anticipated nor 

authorized. As described previously, no 

serious injury or mortality is anticipated 

or authorized for this activity. Below, 

we describe how the authorized take 

numbers are estimated. 

For acoustic impacts, generally 

speaking, we estimate take by 

considering: (1) acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will likely be behaviorally 

harassed or incur some degree of 

permanent hearing impairment; (2) the 

area or volume of water 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 factors can 

contribute to a basic calculation to 

provide an initial prediction of potential 

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 take estimates. 

Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur auditory 

injury of some degree (equated to Level 

A harassment). 

Level B Harassment—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 or exposure 

context (e.g., frequency, predictability, 

duty cycle, duration of the exposure, 

signal-to-noise ratio, distance to the 

source), the environment (e.g., 

bathymetry, other noises in the area, 


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predators in the area), and the receiving 

animals (hearing, motivation, 

experience, demography, life stage, 

depth) and can be difficult to predict 

(e.g., Southall et al., 2007, 2021, Ellison 

et al., 2012). Based on what the 

available science indicates and the 

practical need to use a threshold based 

on a metric that is both predictable and 

measurable for most activities, NMFS 

typically uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS generally predicts 

that marine mammals are likely to be 

behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above root-meansquared pressure received levels (RMS 

SPL) of 120 decibel (dB) (referenced to 

1 micropascal (re 1 mPa)) for continuous 

(e.g., vibratory pile driving, drilling) and 

above RMS SPL 160 dB re 1 mPa for nonexplosive impulsive (e.g., seismic 

airguns) or intermittent (e.g., scientific 

sonar) sources. Generally speaking, 

Level B harassment take estimates based 

on these behavioral harassment 

thresholds are expected to include any 

likely takes by TTS as, in most cases, 

the likelihood of TTS occurs at 

distances from the source less than 

those at which behavioral harassment is 

likely. TTS of a sufficient degree can 

manifest as behavioral harassment, as 

reduced hearing sensitivity and the 

potential reduced opportunities to 

detect important signals (conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

SIO’s planned activity includes the 

use of impulsive seismic sources (i.e., 

airguns), and therefore the 160 dB re 1 

mPa is applicable. 

Level A harassment—NMFS’ Updated 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (NMFS, 2024 

(2024 Updated Technical Guidance)) 

identifies dual criteria to assess auditory 

injury (Level A harassment) to five 

different marine mammal groups (based 

on hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). NMFS defines auditory 

injury as ‘‘damage to the inner ear that 

can result in destruction of tissue . . . 

which may or may not result in 

permanent threshold shift (PTS)’’ 

(NMFS, 2024). NMFS defines PTS as a 

permanent, irreversible increase in the 

threshold of audibility at a specified 

frequency or portion of an individual’s 

hearing range above a previously 

established reference level (NMFS, 

2024). PTS does not generally affect 

more than a limited frequency range, 

and an animal that has incurred PTS has 

incurred some level of hearing loss at 

the relevant frequencies; typically, 

animals with PTS are not functionally 

deaf (Au and Hastings, 2008; Finneran, 

2016). 

These thresholds are provided in the 

tables below. The references, analysis, 

and methodology used in the 

development of the thresholds are 

described in NMFS’ 2024 Updated 

Technical Guidance, which may be 

accessed at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

SIO’s planned activity includes the 

use of impulsive seismic sources (i.e., 

airguns). 

TABLE 3—NMFS’ 2024 THRESHOLDS IDENTIFYING THE ONSET OF AUDITORY INJURY (AUD INJ) 

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans .................................... Cell 1: Lp, 0-pk,flat: 222 dB; LE, p, LF,24h: 183 dB ............ Cell 2: LE, P, LF,24h: 197 dB. 

High-Frequency (HF) Cetaceans .................................. Cell 3: Lp, 0-pk,flat: 230 dB; LE,HF,24h: 193 dB ................ Cell 4: LE, p, HF,24h: 201 dB. 

Very High-Frequency (VHF) Cetaceans ....................... Cell 5: Lpk, 0-pk, flat: 202 dB; LE, p, VHF,24h: 159 dB ....... Cell 6: LE, p,VHF, 24h: 181 dB. 

Phocid Pinnipeds (PW) (Underwater) ........................... Cell 7: Lp 0-pk,flat: 223 dB; LE,PW,24h: 185 dB ................ Cell 8: LE, p, PW,24h: 195 dB. 

Otariid Pinnipeds (OW) (Underwater) ........................... Cell 9: Lp 0-pk,flat: 230 dB; LE, p, OW,24h: 185 dB ........... Cell 10: LE, p, OW,24h: 199 dB. 

* Dual metric criteria for impulsive sounds: Use whichever criteria results in the larger isopleth for calculating AUD INJ onset. If a non-impulsive 

sound has the potential of exceeding the peak sound pressure level criteria associated with impulsive sounds, the PK SPL criteria are recommended for consideration for non-impulsive sources. 

Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa (underwater) and 20 μPa (in air), and weighted cumulative sound 

exposure level (LE,p) has a reference value of 1 μPa2s (underwater) and 20 μPa2s (in air). In this table, criteria are abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017; ISO 2020). The subscript ‘‘flat’’ is being included to indicate peak 

sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals underwater (i.e., 7 Hz to 165 kHz) or in 

air (i.e., 42 Hz to 52 kHz). The subscript associated with cumulative sound exposure level criteria indicates the designated marine mammal auditory weighting function (LF, HF, and VHF cetaceans, and PW, OW, PA, and OA pinnipeds) and that the recommended accumulation period is 24 

hours. The weighted cumulative sound exposure level criteria could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these criteria will be exceeded. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that are used in estimating the area 

ensonified above the acoustic 

thresholds, including source levels and 

transmission loss coefficient. 

When the Technical Guidance was 

published (NMFS, 2016), in recognition 

of the fact that ensonified area/volume 

could be more technically challenging 

to predict because of the duration 

component in the new thresholds, we 

developed a user spreadsheet that 

includes tools to help predict a simple 

isopleth that can be used in conjunction 

with marine mammal density or 

occurrence to help predict takes. We 

note that because of some of the 

assumptions included in the methods 

used for these tools, we anticipate that 

isopleths produced are typically going 

to be overestimates of some degree, 

which may result in some degree of 

overestimation of Level A harassment 

take. However, these tools offer the best 

way to predict appropriate isopleths 

when more sophisticated 3–D modeling 

methods are not available, and NMFS 

continues to develop ways to 

quantitatively refine these tools and will 

qualitatively address the output where 

appropriate. 

The planned survey will entail the 

use of a 4-airgun array with a total 

discharge volume of 420 in3 at a tow 

depth of 3 m. SIO used modeling by the 

L–DEO, which determines the 160 dBrms

radius for the airgun source down to a 

maximum depth of 2,000 m. Received 

sound levels have been predicted by L– 

DEO’s model (Diebold et al., 2010) as a 

function of distance from the 4-airgun 

array. This modeling approach uses ray 

tracing for the direct wave traveling 


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from the array to the receiver and its 

associated source ghost (reflection at the 

air-water interface in the vicinity of the 

array), in a constant-velocity half-space 

(infinite homogeneous ocean layer, 

unbounded by a seafloor). In addition, 

propagation measurements of pulses 

from the 36-airgun array at a tow depth 

of 6 m have been reported in deep water 

(∼1,600 m), intermediate water depth on 

the slope (∼600–1,100 m), and shallow 

water (∼50 m) in the Gulf of Mexico 

(Tolstoy et al., 2009; Diebold et al., 

2010). 

For deep and intermediate water 

cases, the field measurements cannot be 

used readily to derive the harassment 

isopleths, as at those sites the 

calibration hydrophone was located at a 

roughly constant depth of 350–550 m, 

which may not intersect all the SPL 

isopleths at their widest point from the 

sea surface down to the assumed 

maximum relevant water depth (∼2,000 

m) for marine mammals. At short 

ranges, where the direct arrivals 

dominate and the effects of seafloor 

interactions are minimal, the data at the 

deep sites are suitable for comparison 

with modeled levels at the depth of the 

calibration hydrophone. At longer 

ranges, the comparison with the 

model—constructed from the maximum 

SPL through the entire water column at 

varying distances from the airgun 

array—is the most relevant. 

In deep and intermediate water 

depths at short ranges, sound levels for 

direct arrivals recorded by the 

calibration hydrophone and L–DEO 

model results for the same array tow 

depth are in good alignment (see figures 

12 and 14 in Diebold et al., 2010). 

Consequently, isopleths falling within 

this domain can be predicted reliably by 

the L–DEO model, although they may be 

imperfectly sampled by measurements 

recorded at a single depth. At greater 

distances, the calibration data show that 

seafloor-reflected and sub-seafloorrefracted arrivals dominate, whereas the 

direct arrivals become weak and/or 

incoherent (see figures 11, 12, and 16 in 

Diebold et al., 2010). Aside from local 

topography effects, the region around 

the critical distance is where the 

observed levels rise closest to the model 

curve. However, the observed sound 

levels are found to fall almost entirely 

below the model curve. Thus, analysis 

of the Gulf of Mexico calibration 

measurements demonstrates that 

although simple, the L–DEO model is a 

robust tool for conservatively estimating 

isopleths. 

The planned low-energy survey will 

acquire data with the 4-airgun array at 

a tow depth of 3 m. For deep water 

(>1,000 m), we use the deep-water radii 

obtained from L–DEO model results 

down to a maximum water depth of 

2,000 m for the airgun array. 

L–DEO’s modeling methodology is 

described in greater detail in SIO’s 

application. The estimated distances to 

the Level B harassment isopleth for the 

planned airgun configuration are shown 

in table 4. 

TABLE 4—PREDICTED RADIAL DISTANCES FROM THE R/V SIKULIAQ SEISMIC SOURCE TO ISOPLETH CORRESPONDING TO

LEVEL B HARASSMENT THRESHOLD

Airgun configuration Tow depth 

(m) 

Water depth 

(m) 

Predicted 

distances 

(in m) to 

the Level B 

harassment 

threshold 

4 105-in3 airguns ......................................................................................................................... 3 >1,000 1,408 

TABLE 5—MODELED RADIAL DISTANCE TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS

[NMFS 2024] 

Low 

frequency 

cetaceans 

High 

frequency 

cetaceans 

Very high 

frequency 

cetaceans 

AUD INJ SELcum .......................................................................................................................... 50.6 0 0 

AUD INJ Peak ............................................................................................................................. 8.44 NA/0 88 

The largest distance (in bold) of the dual criteria (SEL cum or Peak) was used to estimate threshold distances and potential takes by Level A 

harassment. 

NA not applicable or available and assumed to be 0. 

Table 5 presents the modeled auditory 

injury isopleths for each cetacean 

hearing group based on L–DEO 

modeling incorporated in the 

companion user spreadsheet, for the 

low-energy surveys with the shortest 

shot interval (i.e., greatest potential to 

cause auditory injury based on 

accumulated sound energy) (NMFS 

2024). 

Predicted distances to Level A 

harassment isopleths, which vary based 

on marine mammal hearing groups, 

were calculated based on modeling 

performed by L–DEO using the Nucleus 

software program and the NMFS user 

spreadsheet, described below. The 

acoustic thresholds for impulsive 

sounds contained in the NMFS 

Technical Guidance were presented as 

dual metric acoustic thresholds using 

both cumulative SEL (SELcum) and peak 

sound pressure metrics (NMFS, 2024). 

As dual metrics, NMFS considers onset 

of auditory injury (Level A harassment) 

to have occurred when either one of the 

two metrics is exceeded (i.e., metric 

resulting in the largest isopleth). The 

SELcum metric considers both level and 

duration of exposure, as well as 

auditory weighting functions by marine 

mammal hearing group. 

The SELcum for the 4-airgun array is 

derived from calculating the modified 

farfield signature. The farfield signature 

is often used as a theoretical 

representation of the source level. To 

compute the farfield signature, the 

source level is estimated at a large 

distance (right) below the array (e.g., 9 

km), and this level is back projected 

mathematically to a notional distance of 

1 m from the array’s geometrical center. 

However, it has been recognized that the 

source level from the theoretical farfield 

signature is never physically achieved at 

the source when the source is an array 

of multiple airguns separated in space 

(Tolstoy et al., 2009). Near the source (at 

short ranges, distances <1 km), the 

pulses of sound pressure from each 


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individual airgun in the source array do 

not stack constructively as they do for 

the theoretical farfield signature. The 

pulses from the different airguns spread 

out in time such that the source levels 

observed or modeled are the result of 

the summation of pulses from a few 

airguns, not the full array (Tolstoy et al., 

2009). At larger distances, away from 

the source array center, sound pressure 

of all the airguns in the array stack 

coherently, but not within one time 

sample, resulting in smaller source 

levels (a few dB) than the source level 

derived from the farfield signature. 

Because the farfield signature does not 

take into account the large array effect 

near the source and is calculated as a 

point source, the farfield signature is not 

an appropriate measure of the sound 

source level for large arrays. See SIO’s 

application for further detail on acoustic 

modeling. 

Auditory injury is unlikely to occur 

for high-frequency cetaceans, given the 

very small modeled zones of injury for 

those species (all estimated zones are 

less than 1 m for high-frequency 

cetaceans), in context of distributed 

source dynamics. 

In consideration of the received sound 

levels in the near-field as described 

above, we expect the potential for Level 

A harassment of high-frequency 

cetaceans to be de minimis, even before 

the likely moderating effects of aversion 

and/or other compensatory behaviors 

(e.g., Nachtigall et al., 2018) are 

considered. We do not anticipate that 

Level A harassment is a likely outcome 

for any high-frequency cetacean and do 

not authorize any take by Level A 

harassment for these species. 

The Level A and Level B harassment 

estimates are based on a consideration 

of the number of marine mammals that 

could be within the area around the 

operating airgun array where received 

levels of sound ≥160 dB re 1 mPa rms 

are predicted to occur. The estimated 

numbers are based on the densities 

(numbers per unit area) of marine 

mammals expected to occur in the area 

in the absence of seismic surveys. To 

the extent that marine mammals tend to 

move away from seismic sources before 

the sound level reaches the criterion 

level and tend not to approach an 

operating airgun array, these estimates 

likely overestimate the numbers actually 

exposed to the specified level of sound. 

Marine Mammal Occurrence 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations. 

For the planned survey area, SIO used 

density data from the U.S. Navy’s 

Marine Species Density Database Phase 

III for the Mariana Islands Training and 

Testing (MITT) Study Area (DoN, 2018). 

The U.S. Navy modeled densities for 

two areas within the MITT: the Mariana 

Islands Training and Testing 

Representative Study Area, ∼580 km to 

the west of the planned survey area, and 

the Transit Corridor Representative 

Study Area surrounding Wake Island, 

∼120 km to the east of the planned 

survey area (DoN, 2018). The planned 

survey area lies between the two MITT 

modeled areas and does not overlap 

either area. As the planned tracklines 

are located closer to Wake Island than 

the Mariana Islands, the MITT seasonal 

density estimates for the Transit 

Corridor Representative Study Area 

were used here. As the survey is 

planned for December 2024 to January 

2025, the densities for winter (December 

through February) were used to 

calculate takes for marine mammals. No 

densities were available for 

Deraniyagala’s beaked whale. However, 

the density for ginkgo-toothed beaked 

whale was applied to Deraniyagala’s 

beaked whale and ginkgo-toothed 

beaked whale as a combined group, as 

these two species are difficult to 

distinguish. 

Take Estimation 

Here, we describe how the 

information provided above is 

synthesized to produce a quantitative 

estimate of the take that is reasonably 

likely to occur and authorized. In order 

to estimate the number of marine 

mammals predicted to be exposed to 

sound levels that would result in Level 

A or Level B harassment, radial 

distances from the airgun array to the 

predicted isopleth corresponding to the 

Level A harassment and Level B 

harassment thresholds are calculated, as 

described above. Those radial distances 

were then used to calculate the area(s) 

around the airgun array predicted to be 

ensonified to sound levels that exceed 

the harassment thresholds. The distance 

for the 160-dB Level B harassment 

threshold and auditory injury (Level A 

harassment) thresholds (based on L– 

DEO model results) was used to draw a 

buffer around the area expected to be 

ensonified (i.e., the survey area). The 

ensonified areas were then increased by 

25 percent to account for potential 

delays, which is equivalent to adding 25 

percent to the planned line km to be 

surveyed. The density for each species 

was then multiplied by the daily 

ensonified areas (increased as described 

above) and then multiplied by the 

number of survey days (14) to estimate 

potential takes (see appendix B of SIO’s 

application for more information). 

SIO assumed that their estimates of 

marine mammal exposures above 

harassment thresholds equate to take 

and requested authorization of those 

takes. Those estimates in turn form the 

basis for our take authorization 

numbers. Based on the nature of the 

activity and the anticipated 

effectiveness of the mitigation measures 

(i.e., shutdown) discussed in detail 

below in the Mitigation section, Level A 

harassment is neither anticipated nor 

authorized. Therefore we have added 

SIO’s estimated exposures above Level 

A harassment thresholds to their 

estimated exposures above the Level B 

harassment threshold to produce a total 

number of incidents of take by Level B 

harassment that are authorized. 

Estimated exposures and authorized 

take numbers are shown in table 6. 

TABLE 6—AUTHORIZED TAKE

Common name 

Estimated take Authorized take 1

Abundance Percent of 

abundance Level B Level A Level B 

Blue Whale ............................................ 1 0 1 150 0.67 

Bryde’s Whale ........................................ 3 0 3 1,596 0.19 

Fin Whale ............................................... 1 0 1 46 2.17 

Humpback Whale 2 ................................ 10 0 10 2,673 0.37 

Minke Whale .......................................... 2 0 2 450 0.44 

Sei Whale .............................................. 1 0 3 2 821 0.24 

Omura’s Whale ...................................... 0 0 3 1 160 0.63 

Sperm Whale ......................................... 25 0 25 5,146 0.49 

Dwarf Sperm Whale ............................... 45 3 48 27,395 0.18 

Pygmy Sperm Whale ............................. 18 1 19 11,168 0.17 


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TABLE 6—AUTHORIZED TAKE—Continued 

Common name 

Estimated take Authorized take 1

Abundance Percent of 

abundance Level B Level A Level B 

Blainville’s Beaked Whale ...................... 8 0 8 3,376 0.24 

Cuvier’s Beaked Whale ......................... 41 0 41 2,642 1.56 

Longman’s Beaked Whale ..................... 3 0 3 11,253 0.03 

Ginko-Toothed Beaked Whale ............... 21 0 21 7,567 0.28 

Deraniyagala’s Beaked Whale.

False Killer Whale .................................. 6 0 3 10 4,218 0.24 

Killer Whale ............................................ 1 0 3 5 253 1.98 

Melon-Headed Whale ............................ 30 0 3 95 16,551 0.57 

Pygmy Killer Whale ................................ 1 0 3 6 527 1.14 

Short-Finned Pilot Whale ....................... 23 0 23 6,583 0.35 

Bottlenose Dolphin ................................. 9 0 9 1,076 0.84 

Fraser’s Dolphin ..................................... 28 0 28 76,476 0.04 

Pantropical Spotted Dolphin .................. 125 0 125 85,755 0.15 

Risso’s Dolphin ...................................... 5 0 27 17,184 0.16 

Rough-Toothed Dolphin ......................... 20 0 20 1,815 1.10 

Spinner Dolphin ..................................... 21 0 3 98 5,232 1.87 

Striped Dolphin ...................................... 65 0 65 24,528 0.27 

1Authorized take is Level A plus Level B calculated takes. 

2All takes are assumed to be from the Western North Pacific DPS. 

3Takes have been increased to mean group size for the Mariana Islands based on Fulling et al., (2011) where available or for Hawaii (e.g., 

Risso’s dolphin and killer whale) as reported by Bradford et al., (2017), or Jefferson et al., (2015). 

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)). 

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, NMFS considers 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), 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, and 

impact on operations. 

Vessel-Based Visual Mitigation 

Monitoring 

Visual monitoring requires the use of 

trained observers (herein referred to as 

visual protected species observers 

(PSO)) to scan the ocean surface for the 

presence of marine mammals. The area 

to be scanned visually includes 

primarily the shutdown zone (SZ), 

within which observation of certain 

marine mammals requires shutdown of 

the acoustic source, a buffer zone, and 

to the extent possible depending on 

conditions, the surrounding waters. The 

buffer zone means an area beyond the 

SZ to be monitored for the presence of 

marine mammals that may enter the SZ. 

During pre-start clearance monitoring 

(i.e., before ramp-up begins), the buffer 

zone also acts as an extension of the SZ 

in that observations of marine mammals 

within the buffer zone will also prevent 

airgun operations from beginning (i.e., 

ramp-up). The buffer zone encompasses 

the area at and below the sea surface 

from the edge of the 0–100 m SZ, out 

to a radius of 200 m from the edges of 

the airgun array (100–200 m). This 200- 

m zone (SZ plus buffer) represents the 

pre-start clearance zone. Visual 

monitoring of the SZ and adjacent 

waters (buffer plus surrounding waters) 

is intended to establish and, when 

visual conditions allow, maintain zones 

around the sound source that are clear 

of marine mammals, thereby reducing or 

eliminating the potential for injury and 

minimizing the potential for more 

severe behavioral reactions for animals 

occurring closer to the vessel. Visual 

monitoring of the buffer zone is 

intended to (1) provide additional 

protection to marine mammals that may 

be in the vicinity of the vessel during 

pre-start clearance, and (2) during 

airgun use, aid in establishing and 

maintaining the SZ by alerting the 

visual observer and crew of marine 

mammals that are outside of, but may 

approach and enter, the SZ. 

During survey operations (e.g., any 

day on which use of the airgun array is 

planned to occur and whenever the 

airgun array is in the water, whether 

activated or not), a minimum of two 

visual PSOs must be on duty and 

conducting visual observations at all 

times during daylight hours (i.e., from 

30 minutes prior to sunrise through 30 

minutes following sunset). Visual 

monitoring of the pre-start clearance 

zone must begin no less than 30 minutes 

prior to ramp-up and monitoring must 

continue until 1 hour after use of the 

airgun array ceases or until 30 minutes 

past sunset. Visual PSOs shall 

coordinate to ensure 360° visual 

coverage around the vessel from the 

most appropriate observation posts and 

shall conduct visual observations using 

binoculars and the naked eye while free 

from distractions and in a consistent, 

systematic, and diligent manner. 

PSOs shall establish and monitor the 

SZ and buffer zone. These zones shall 


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be based upon the radial distance from 

the edges of the airgun array (rather than 

being based on the center of the array 

or around the vessel itself). During use 

of the airgun array (i.e., anytime airguns 

are active, including ramp-up), 

detections of marine mammals within 

the buffer zone (but outside the SZ) 

shall be communicated to the operator 

to prepare for the potential shutdown of 

the airgun array. Any observations of 

marine mammals by crew members 

shall be relayed to the PSO team. During 

good conditions (e.g., daylight hours; 

Beaufort sea state (BSS) 3 or less), visual 

PSOs shall conduct observations when 

the airgun array is not operating for 

comparison of sighting rates and 

behavior with and without use of the 

airgun array and between acquisition 

periods, to the maximum extent 

practicable. 

Visual PSOs may be on watch for a 

maximum of 4 consecutive hours 

followed by a break of at least 1 hour 

between watches and may conduct a 

maximum of 12 hours of observation per 

24-hour period. Observational duties 

may not exceed 12 hours per 24-hour 

period for any individual PSO. 

Establishment of Shutdown and PreStart Clearance Zones 

A SZ is a defined area within which 

occurrence of a marine mammal triggers 

mitigation action intended to reduce the 

potential for certain outcomes (e.g., 

auditory injury, disruption of critical 

behaviors). The PSOs will establish a 

minimum SZ with a 100-m radius. The 

100-m SZ will be based on radial 

distance from the edge of the airgun 

array (rather than being based on the 

center of the array or around the vessel 

itself). With certain exceptions 

(described below), if a marine mammal 

appears within or enters this zone, the 

airgun array will be shut down. 

The pre-start clearance zone is 

defined as the area that must be clear of 

marine mammals prior to beginning 

ramp-up of the airgun array and 

includes the SZ plus the buffer zone. 

Detections of marine mammals within 

the pre-start clearance zone will prevent 

airgun operations from beginning (i.e., 

ramp-up). 

The 100-m SZ is intended to be 

precautionary in the sense that it will be 

expected to contain sound exceeding 

the injury criteria for all cetacean 

hearing groups, (based on the dual 

criteria of SELcum and peak SPL), while 

also providing a consistent, reasonably 

observable zone within which PSOs will 

typically be able to conduct effective 

observational effort. Additionally, a 100- 

m SZ is expected to minimize the 

likelihood that marine mammals will be 

exposed to levels likely to result in more 

severe behavioral responses. Although 

significantly greater distances may be 

observed from an elevated platform 

under good conditions, we expect that 

100 m is likely regularly attainable for 

PSOs using the naked eye during typical 

conditions. The pre-start clearance zone 

simply represents the addition of a 

buffer to the SZ, doubling the SZ size 

during pre-clearance. 

An extended SZ of 500 m must be 

implemented for all beaked whales, a 

large whale with a calf, and groups of 

six or more large whales. No buffer of 

this extended SZ is required, as NMFS 

concludes that this extended SZ is 

sufficiently protective to mitigate 

harassment to these groups. 

Pre-Start Clearance and Ramp-Up 

Ramp-up (sometimes referred to as 

‘‘soft start’’) means the gradual and 

systematic increase of emitted sound 

levels from an airgun array. The intent 

of pre-start clearance observation (30 

minutes) is to ensure no marine 

mammals are observed within the prestart clearance zone (or extended SZ, for 

beaked whales, a large whale with a 

calf, and groups of six or more large 

whales) prior to the beginning of rampup. During the pre-start clearance period 

is the only time observations of marine 

mammals in the buffer zone would 

prevent operations (i.e., the beginning of 

ramp-up). The intent of the ramp-up is 

to warn marine mammals of pending 

seismic survey operations and to allow 

sufficient time for those animals to leave 

the immediate vicinity prior to the 

sound source reaching full intensity. A 

ramp-up procedure, involving a 

stepwise increase in the number of 

airguns firing and total array volume 

until all operational airguns are 

activated and the full volume is 

achieved, is required at all times as part 

of the activation of the airgun array. All 

operators must adhere to the following 

pre-start clearance and ramp-up 

requirements: 

• The operator must notify a 

designated PSO of the planned start of 

ramp-up as agreed upon with the lead 

PSO; the notification time should not be 

less than 60 minutes prior to the 

planned ramp-up in order to allow the 

PSOs time to monitor the pre-start 

clearance zone (and extended SZ) for 30 

minutes prior to the initiation of rampup (pre-start clearance); 

• Ramp-ups shall be scheduled so as 

to minimize the time spent with the 

source activated prior to reaching the 

designated run-in; 

• One of the PSOs conducting prestart clearance observations must be 

notified again immediately prior to 

initiating ramp-up procedures and the 

operator must receive confirmation from 

the PSO to proceed; 

• Ramp-up may not be initiated if any 

marine mammal is within the applicable 

shutdown or buffer zone. If a marine 

mammal is observed within the pre-start 

clearance zone (or extended SZ, for 

beaked whales, a large whale with a 

calf, and groups of six or more large 

whales) during the 30 minute pre-start 

clearance period, ramp-up may not 

begin until the animal(s) has been 

observed exiting the zones or until an 

additional time period has elapsed with 

no further sightings (15 minutes for 

small odontocetes, and 30 minutes for 

all mysticetes and all other odontocetes, 

including sperm whales, beaked whales, 

and large delphinids, such as pilot 

whales); 

• Ramp-up must begin by activating 

one GI airgun and shall continue in 

stages, doubling the number of active 

elements at the commencement of each 

stage, with each stage lasting no less 

than five minutes. The operator must 

provide information to the PSO 

documenting that appropriate 

procedures were followed; 

• PSOs must monitor the pre-start 

clearance zone and extended SZ during 

ramp-up, and ramp-up must cease and 

the source must be shut down upon 

detection of a marine mammal within 

the applicable zone. Once ramp-up has 

begun, detections of marine mammals 

within the buffer zone do not require 

shutdown, but such observation shall be 

communicated to the operator to 

prepare for the potential shutdown; 

• Ramp-up may occur at times of 

poor visibility, including nighttime, if 

appropriate visual monitoring has 

occurred with no detections in the 30 

minutes prior to beginning ramp-up. 

Airgun array activation may only occur 

at times of poor visibility where 

operational planning cannot reasonably 

avoid such circumstances; 

• If the airgun array is shut down for 

brief periods (i.e., less than 30 minutes) 

for reasons other than implementation 

of prescribed mitigation (e.g., 

mechanical difficulty), it may be 

activated again without ramp-up if PSOs 

have maintained constant visual 

observation and no visual detections of 

marine mammals have occurred within 

the pre-start clearance zone (or extended 

SZ, where applicable). For any longer 

shutdown, pre-start clearance 

observation and ramp-up are required; 

and 

• Testing of the airgun array 

involving all elements requires rampup. Testing limited to individual source 

elements or strings does not require 


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ramp-up but does require pre-start 

clearance of 30 minutes. 

Shutdown 

The shutdown of an airgun array 

requires the immediate de-activation of 

all individual airgun elements of the 

array. Any PSO on duty will have the 

authority to call for shutdown of the 

airgun array if a marine mammal is 

detected within the applicable SZ. The 

operator must also establish and 

maintain clear lines of communication 

directly between PSOs on duty and 

crew controlling the airgun array to 

ensure that shutdown commands are 

conveyed swiftly while allowing PSOs 

to maintain watch. When the airgun 

array is active (i.e., anytime one or more 

airguns is active, including during 

ramp-up) and (1) a marine mammal 

appears within or enters the applicable 

SZ, the airgun array will be shut down. 

When shutdown is called for by a PSO, 

the airgun array will be immediately 

deactivated and any dispute resolved 

only following deactivation. 

Following a shutdown, airgun activity 

will not resume until the marine 

mammal has cleared the SZ. The animal 

will be considered to have cleared the 

SZ if it is visually observed to have 

departed the SZ (i.e., animal is not 

required to fully exit the buffer zone 

where applicable), or it has not been 

seen within the SZ for 15 minutes for 

small odontocetes or 30 minutes for all 

mysticetes and all other odontocetes, 

including sperm whales, beaked whales, 

and large delphinids, such as pilot 

whales. 

The shutdown requirement is waived 

for specific genera of small dolphins if 

an individual is detected within the SZ. 

The small dolphin group is intended to 

encompass those members of the Family 

Delphinidae most likely to voluntarily 

approach the source vessel for purposes 

of interacting with the vessel and/or 

airgun array (e.g., bow riding). This 

exception to the shutdown requirement 

applies solely to the specific genera of 

small dolphins (Lagenodelphis, 

Stenella, Steno, and Tursiops). 

We include this small dolphin 

exception because shutdown 

requirements for these species under all 

circumstances represent practicability 

concerns without likely commensurate 

benefits for the animals in question. 

Small dolphins are generally the most 

commonly observed marine mammals 

in the specific geographic region and 

would typically be the only marine 

mammals likely to intentionally 

approach the vessel. As described 

above, auditory injury is extremely 

unlikely to occur for high-frequency 

cetaceans (e.g., delphinids), as this 

group is relatively insensitive to sound 

produced at the predominant 

frequencies in an airgun pulse while 

also having a relatively high threshold 

for the onset of auditory injury (i.e., 

permanent threshold shift). 

A large body of anecdotal evidence 

indicates that small dolphins commonly 

approach vessels and/or towed arrays 

during active sound production for 

purposes of bow riding with no 

apparent effect observed (e.g., Barkaszi 

et al., 2012; Barkaszi and Kelly, 2018). 

The potential for increased shutdowns 

resulting from such a measure would 

require the Sikuliaq to revisit the missed 

track line to reacquire data, resulting in 

an overall increase in the total sound 

energy input to the marine environment 

and an increase in the total duration 

over which the survey is active in a 

given area. Although other highfrequency hearing specialists (e.g., large 

delphinids) are no more likely to incur 

auditory injury than are small dolphins, 

they are much less likely to approach 

vessels. Therefore, retaining a shutdown 

requirement for large delphinids would 

not have similar impacts in terms of 

either practicability for the applicant or 

corollary increase in sound energy 

output and time on the water. We do 

anticipate some benefit for a shutdown 

requirement for large delphinids in that 

it simplifies somewhat the total range of 

decision-making for PSOs and may 

preclude any potential for physiological 

effects other than to the auditory system 

as well as some more severe behavioral 

reactions for any such animals in close 

proximity to the Sikuliaq. 

Visual PSOs shall use best 

professional judgment in making the 

decision to call for a shutdown if there 

is uncertainty regarding identification 

(i.e., whether the observed marine 

mammal(s) belongs to one of the 

delphinid genera for which shutdown is 

waived or one of the species with a 

larger SZ). 

SIO must implement shutdown if a 

marine mammal species for which take 

was not authorized or a species for 

which authorization was granted but the 

authorized takes have been met 

approaches the Level A or Level B 

harassment zones. SIO must also 

implement shutdown if any large whale 

(defined as a sperm whale or any 

mysticete species) with a calf (defined 

as an animal less than two-thirds the 

body size of an adult observed to be in 

close association with an adult) and/or 

an aggregation of six or more large 

whales are observed at any distance. 

Vessel Strike Avoidance Mitigation 

Measures 

Vessel personnel should use an 

appropriate reference guide that 

includes identifying information on all 

marine mammals that may be 

encountered. Vessel operators must 

comply with the below measures except 

under extraordinary circumstances 

when the safety of the vessel or crew is 

in doubt or the safety of life at sea is in 

question. These requirements do not 

apply in any case where compliance 

would create an imminent and serious 

threat to a person or vessel or to the 

extent that a vessel is restricted in its 

ability to maneuver and, because of the 

restriction, cannot comply. 

Vessel operators and crews must 

maintain a vigilant watch for all marine 

mammals and slow down, stop their 

vessel, or alter course, as appropriate 

and regardless of vessel size, to avoid 

striking any marine mammal. A single 

marine mammal at the surface may 

indicate the presence of submerged 

animals in the vicinity of the vessel; 

therefore, precautionary measures 

should always be exercised. A visual 

observer aboard the vessel must monitor 

a vessel strike avoidance zone around 

the vessel (separation distances stated 

below). Visual observers monitoring the 

vessel strike avoidance zone may be 

third-party observers (i.e., PSOs) or crew 

members, but crew members 

responsible for these duties must be 

provided sufficient training to (1) 

distinguish marine mammals from other 

phenomena and (2) broadly to identify 

a marine mammal as a right whale, 

other whale (defined in this context as 

sperm whales or baleen whales other 

than right whales), or other marine 

mammals. 

Vessel speeds must be reduced to 10 

knots (kn) (18.5 kn per hour) or less 

when mother/calf pairs, pods, or large 

assemblages of cetaceans are observed 

near a vessel. All vessels must maintain 

a minimum separation distance of 100 

m from sperm whales and all other 

baleen whales. All vessels must, to the 

maximum extent practicable, attempt to 

maintain a minimum separation 

distance of 50 m from all other marine 

mammals, with an understanding that at 

times this may not be possible (e.g., for 

animals that approach the vessel). 

When marine mammals are sighted 

while a vessel is underway, the vessel 

shall take action as necessary to avoid 

violating the relevant separation 

distance (e.g., attempt to remain parallel 

to the animal’s course, avoid excessive 

speed or abrupt changes in direction 

until the animal has left the area). If 

marine mammals are sighted within the 


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relevant separation distance, the vessel 

must reduce speed and shift the engine 

to neutral, not engaging the engines 

until animals are clear of the area. This 

does not apply to any vessel towing gear 

or any vessel that is navigationally 

constrained. 

Based on our evaluation of the 

applicant’s planned measures, as well as 

other measures considered by NMFS, 

NMFS has determined that the 

mitigation measures provide the means 

of 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 of 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 

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 

activity; 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); and 

• Mitigation and monitoring 

effectiveness. 

Vessel-Based Visual Monitoring 

As described above, PSO observations 

will take place during daytime airgun 

operations. During seismic survey 

operations, at least five visual PSOs will 

be based aboard the Sikuliaq. Two 

visual PSOs will be on duty at all times 

during daytime hours. The operator will 

work with the selected third-party 

observer provider to ensure PSOs have 

all equipment (including backup 

equipment) needed to adequately 

perform necessary tasks, including 

accurate determination of distance and 

bearing to observed marine mammals. 

SIO must use dedicated, trained, and 

NMFS-approved PSOs. At least one 

visual PSO aboard the vessel must have 

a minimum of 90 days at-sea experience 

working in those roles, respectively, 

with no more than 18 months elapsed 

since the conclusion of the at-sea 

experience. One visual PSO with such 

experience shall be designated as the 

lead for the entire protected species 

observation team. The lead PSO shall 

serve as primary point of contact for the 

vessel operator and ensure all PSO 

requirements per the IHA are met. To 

the maximum extent practicable, the 

experienced PSOs should be scheduled 

to be on duty with those PSOs with 

appropriate training but who have not 

yet gained relevant experience. The 

PSOs must have no tasks other than to 

conduct observational effort, record 

observational data, and communicate 

with and instruct relevant vessel crew 

with regard to the presence of marine 

mammals and mitigation requirements. 

PSO resumes shall be provided to 

NMFS for approval. Monitoring shall be 

conducted in accordance with the 

following requirements: 

• PSOs shall be independent, 

dedicated, trained visual PSOs and must 

be employed by a third-party observer 

provider; 

• PSOs shall have no tasks other than 

to conduct observational effort, collect 

data, and communicate with and 

instruct relevant vessel crew with regard 

to the presence of protected species and 

mitigation requirements (including brief 

alerts regarding maritime hazards); 

• PSOs shall have successfully 

completed an approved PSO training 

course appropriate for their designated 

task (visual); 

• NMFS must review and approve 

PSO resumes accompanied by a relevant 

training course information packet that 

includes the name and qualifications 

(i.e., experience, training completed, or 

educational background) of the 

instructor(s), the course outline or 

syllabus, and course reference material 

as well as a document stating successful 

completion of the course; 

• PSOs must successfully complete 

relevant training, including completion 

of all required coursework and passing 

(80 percent or greater) a written and/or 

oral examination developed for the 

training program; 

• PSOs must have successfully 

attained a bachelor’s degree from an 

accredited college or university with a 

major in one of the natural sciences, a 

minimum of 30 semester hours or 

equivalent in the biological sciences, 

and at least one undergraduate course in 

math or statistics; 

• The educational requirements may 

be waived if the PSO has acquired the 

relevant skills through alternate 

experience. Requests for such a waiver 

shall be submitted to NMFS and must 

include written justification. Requests 

shall be granted or denied (with 

justification) by NMFS within 1 week of 

receipt of submitted information. 

Alternate experience that may be 

considered includes, but is not limited 

to (1) secondary education and/or 

experience comparable to PSO duties; 

(2) previous work experience 

conducting academic, commercial, or 

government-sponsored protected 

species surveys; or (3) previous work 

experience as a PSO; the PSO should 

demonstrate good standing and 

consistently good performance of PSO 

duties; 

• For data collection purposes, PSOs 

shall use standardized electronic data 

collection forms. PSOs shall record 

detailed information about any 

implementation of mitigation 

requirements, including the distance of 

animals to the airgun array and 

description of specific actions that 

ensued, the behavior of the animal(s), 

any observed changes in behavior before 

and after implementation of mitigation, 

and if shutdown was implemented, the 

length of time before any subsequent 

ramp-up of the airgun array. If required 

mitigation was not implemented, PSOs 

should record a description of the 

circumstances. At a minimum, the 

following information must be recorded: 

Æ Vessel name, vessel size and type, 

maximum speed capability of vessel; 

Æ Dates (MM/DD/YYYY) of 

departures and returns to port with port 

name; 


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Æ PSO names and affiliations, PSO ID 

(initials or other identifier); 

Æ Date (MM/DD/YYYY) and 

participants of PSO briefings; 

Æ Visual monitoring equipment used 

(description); 

Æ PSO location on vessel and height 

(meters) of observation location above 

water surface; 

Æ Watch status (description); 

Æ Dates (MM/DD/YYYY) and times 

(Greenwich Mean Time/UTC) of survey 

on/off effort and times (GMC/UTC) 

corresponding with PSO on/off effort; 

Æ Vessel location (decimal degrees) 

when survey effort began and ended and 

vessel location at beginning and end of 

visual PSO duty shifts; 

Æ Vessel location (decimal degrees) at 

30-second intervals if obtainable from 

data collection software, otherwise at 

practical regular interval; 

Æ Vessel heading (compass heading) 

and speed (kn) at beginning and end of 

visual PSO duty shifts and upon any 

change; 

Æ Water depth (meters) (if obtainable 

from data collection software); 

Æ Environmental conditions while on 

visual survey (at beginning and end of 

PSO shift and whenever conditions 

changed significantly), including BSS 

and any other relevant weather 

conditions including cloud cover, fog, 

sun glare, and overall visibility to the 

horizon; 

Æ Factors that may have contributed 

to impaired observations during each 

PSO shift change or as needed as 

environmental conditions changed 

(description) (e.g., vessel traffic, 

equipment malfunctions); and 

Æ Vessel/Survey activity information 

(and changes thereof) (description), 

such as airgun power output while in 

operation, number and volume of 

airguns operating in the array, tow 

depth of the array, and any other notes 

of significance (i.e., pre-start clearance, 

ramp-up, shutdown, testing, shooting, 

ramp-up completion, end of operations, 

streamers, etc.); and 

• Upon visual observation of any 

marine mammals, the following 

information must be recorded: 

Æ Sighting ID (numeric); 

Æ Watch status (sighting made by 

PSO on/off effort, opportunistic, crew, 

alternate vessel/platform); 

Æ Location of PSO/observer 

(description); 

Æ Vessel activity at the time of the 

sighting (e.g., deploying, recovering, 

testing, shooting, data acquisition, 

other); 

Æ PSO who sighted the animal/ID; 

Æ Time/date of sighting (GMT/UTC, 

MM/DD/YYYY); 

Æ Initial detection method 

(description); 

Æ Sighting cue (description); 

Æ Vessel location at time of sighting 

(decimal degrees); 

Æ Water depth (meters); 

Æ Direction of vessel’s travel 

(compass direction); 

Æ Speed (kn) of the vessel from which 

the observation was made; 

Æ Direction of animal’s travel relative 

to the vessel (description, compass 

heading); 

Æ Bearing to sighting (degrees); 

Æ Identification of the animal (e.g., 

genus/species, lowest possible 

taxonomic level, or unidentified) and 

the composition of the group if there is 

a mix of species; 

Æ Species reliability (an indicator of 

confidence in identification) (1 = 

unsure/possible, 2 = probable, 3 = 

definite/sure, 9 = unknown/not 

recorded); 

Æ Estimated distance to the animal 

(meters) and method of estimating 

distance; 

Æ Estimated number of animals (high/ 

low/best) (numeric); 

Æ Estimated number of animals by 

cohort (adults, yearlings, juveniles, 

calves, group composition, etc.); 

Æ Description (as many 

distinguishing features as possible of 

each individual seen, including length, 

shape, color, pattern, scars or markings, 

shape and size of dorsal fin, shape of 

head, and blow characteristics); 

Æ Detailed behavior observations 

(e.g., number of blows/breaths, number 

of surfaces, breaching, spyhopping, 

diving, feeding, traveling; as explicit 

and detailed as possible; note any 

observed changes in behavior); 

Æ Animal’s closest point of approach 

(meters) and/or closest distance from 

any element of the airgun array; 

Æ Description of any actions 

implemented in response to the sighting 

(e.g., delays, shutdown, ramp-up) and 

time and location of the action. 

Æ Photos (Yes/No); 

Æ Photo Frame Numbers (List of 

numbers); and 

Æ Conditions at time of sighting 

(Visibility; Beaufort Sea State). 

Reporting 

SIO shall submit a draft 

comprehensive report on all activities 

and monitoring results within 90 days 

of the completion of the survey or 

expiration of the IHA, whichever comes 

sooner. The report must describe all 

activities conducted and sightings of 

marine mammals, must provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring, and must summarize the 

dates and locations of survey operations 

and all marine mammal sightings (dates, 

times, locations, activities, associated 

survey activities). The draft report shall 

also include geo-referenced timestamped vessel tracklines for all time 

periods during which airgun arrays 

were operating. Tracklines should 

include points recording any change in 

airgun array status (e.g., when the 

sources began operating, when they 

were turned off, or when they changed 

operational status such as from full 

array to single gun or vice versa). 

Geographic Information System files 

shall be provided in Environmental 

Systems Research Institute shapefile 

format and include the UTC date and 

time, latitude in decimal degrees, and 

longitude in decimal degrees. All 

coordinates shall be referenced to the 

WGS84 geographic coordinate system. 

In addition to the report, all raw 

observational data shall be made 

available. The report must summarize 

data collected as described above in 

Monitoring and Reporting. A final 

report must be submitted within 30 days 

following resolution of any comments 

on the draft report. 

Reporting Injured or Dead Marine 

Mammals 

Discovery of injured or dead marine 

mammals—In the event that personnel 

involved in the survey activities 

discover an injured or dead marine 

mammal, the SIO shall report the 

incident to the Office of Protected 

Resources (OPR) and NMFS as soon as 

feasible. The report must include the 

following information: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

Vessel strike—In the event of a strike 

of a marine mammal by any vessel 

involved in the activities covered by the 

authorization, SIO shall report the 

incident to OPR and NMFS as soon as 

feasible. The report must include the 

following information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Vessel’s speed during and leading 

up to the incident; 

• Vessel’s course/heading and what 

operations were being conducted (if 

applicable); 


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• Status of all sound sources in use; 

• Description of avoidance measures/ 

requirements that were in place at the 

time of the strike and what additional 

measure were taken, if any, to avoid 

strike; 

• Environmental conditions (e.g., 

wind speed and direction, BSS, cloud 

cover, visibility) immediately preceding 

the strike; 

• Species identification (if known) or 

description of the animal(s) involved; 

• Estimated size and length of the 

animal that was struck; 

• Description of the behavior of the 

marine mammal immediately preceding 

and following the strike; 

• If available, description of the 

presence and behavior of any other 

marine mammals present immediately 

preceding the strike; 

• Estimated fate of the animal (e.g., 

dead, injured but alive, injured and 

moving, blood or tissue observed in the 

water, status unknown, disappeared); 

and 

• To the extent practicable, 

photographs or video footage of the 

animal(s). 

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 impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), 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’ implementing 

regulations (54 FR 40338, September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the 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 analysis applies to all the species 

listed in table 1, given that the 

anticipated effects of this activity on 

these different marine mammal stocks 

are expected to be similar, except where 

a species- or stock-specific discussion is 

warranted. NMFS does not anticipate 

that serious injury or mortality would 

occur as a result of SIO’s planned 

survey, even in the absence of 

mitigation, and no serious injury or 

mortality is authorized. As discussed in 

the Potential Effects of Specified 

Activities on Marine Mammals and 

Their Habitat section above, nonauditory physical effects and vessel 

strike are not expected to occur. NMFS 

expects that all potential take would be 

in the form of Level B behavioral 

harassment in the form of temporary 

avoidance of the area or decreased 

foraging (if such activity was occurring), 

responses that are considered to be of 

low severity, and with no lasting 

biological consequences (e.g., Southall 

et al., 2007, 2021). These low-level 

impacts of behavioral harassment are 

not likely to impact the overall fitness 

of any individual or lead to population 

level effects of any species. As described 

above, Level A harassment is not 

expected to occur given the estimated 

small size of the Level A harassment 

zones. 

In addition, the maximum expected 

Level B harassment zone around the 

survey vessel is 1,408 m. Therefore, the 

ensonified area surrounding the vessel 

is relatively small compared to the 

overall distribution of animals in the 

area and their use of the habitat. 

Feeding behavior is not likely to be 

significantly impacted as prey species 

are mobile and are broadly distributed 

throughout the survey area; therefore, 

marine mammals that may be 

temporarily displaced during survey 

activities are expected to be able to 

resume foraging once they have moved 

away from areas with disturbing levels 

of underwater noise. Because of the 

short duration (14 survey days) and 

temporary nature of the disturbance and 

the availability of similar habitat and 

resources in the surrounding area, the 

impacts to marine mammals and marine 

mammal prey species are not expected 

to cause significant or long-term fitness 

consequences for individual marine 

mammals or their populations. 

Additionally, the acoustic ‘‘footprint’’ 

of the planned survey will be very small 

relative to the ranges of all marine 

mammals that would potentially be 

affected. Sound levels will increase in 

the marine environment in a relatively 

small area surrounding the vessel 

compared to the range of the marine 

mammals within the planned survey 

area. The seismic array will be active 24 

hours per day throughout the duration 

of the survey. However, the very brief 

overall duration of the planned survey 

(14 survey days) will further limit 

potential impacts that may occur as a 

result of the planned activity. 

Of the marine mammal species that 

are likely to occur in the project area, 

the following species are listed as 

endangered under the ESA: humpback 

whales (Western North Pacific DPS), 

blue whales, fin whales, sei whales, and 

sperm whales. The take numbers 

authorized for these species (table 6) are 

minimal relative to their modeled 

population sizes; therefore, we do not 

expect population-level impacts to any 

of these species. Moreover, the actual 

range of the populations extends past 

the area covered by the model, so 

modeled population sizes are likely 

smaller than their actual population 

size. The other marine mammal species 

that may be taken by harassment during 

SIO’s seismic survey are not listed as 

threatened or endangered under the 

ESA. There is no designated critical 

habitat for any ESA-listed marine 

mammals within the project area. 

There are no rookeries, mating, or 

calving grounds known to be 

biologically important to marine 

mammals within the survey area, and 

there are no feeding areas known to be 

biologically important to marine 

mammals within the survey area. 

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 any of the 

species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury or mortality is 

anticipated or authorized; 

• The planned activity is temporary 

and of relatively short duration (27 days 

total with 14 days of planned survey 

activity); 

• The anticipated impacts of the 

planned activity on marine mammals 

would be temporary behavioral changes 

due to avoidance of the ensonified area, 

which is relatively small (see tables 4 

and 5); 

• The availability of alternative areas 

of similar habitat value for marine 

mammals to temporarily vacate the 

survey area during the planned survey 

to avoid exposure to sounds from the 

activity is readily abundant; 

• The potential adverse effects on fish 

or invertebrate species that serve as prey 


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101568 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

species for marine mammals from the 

planned survey would be temporary and 

spatially limited and impacts to marine 

mammal foraging would be minimal; 

and 

• The planned mitigation measures 

are expected to reduce the number and 

severity of takes, to the extent 

practicable, by visually detecting marine 

mammals within the established zones 

and implementing corresponding 

mitigation measures (e.g., delay; 

shutdown). 

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 

planned monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the planned 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The number of takes NMFS is 

authorizing is below one-third of the 

modeled abundance for all relevant 

populations (specifically, take of 

individuals is less than 3 percent of the 

modeled abundance of each affected 

population, see table 6). This is 

conservative because the modeled 

abundance represents a population of 

the species and we assume all takes are 

of different individual animals, which is 

likely not the case. Some individuals 

may be encountered multiple times in a 

day, but PSOs would count them as 

separate individuals if they cannot be 

identified. 

Based on the analysis contained 

herein of the planned activity (including 

the mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals 

would be taken relative to the 

population size of the affected 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 ESA of 1973 (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. 

The NMFS Office of Protected 

Resources (OPR) ESA Interagency 

Cooperation Division has issued a 

Biological Opinion under section 7 of 

the ESA, on the issuance of an IHA to 

NSF under section 101(a)(5)(D) of the 

MMPA by the NMFS OPR ESA 

Interagency Cooperation Division. The 

Biological Opinion concluded that the 

action is not likely to jeopardize the 

continued existence of ESA-listed 

humpback whales (Western North 

Pacific DPS), blue whales, fin whales, 

sei whales, and sperm whales. 

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 review our 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 NAO 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 IHA qualifies to be categorically 

excluded from further NEPA review. 

Authorization 

NMFS has issued an IHA to L–DEO 

for the potential harassment of small 

numbers of 28 marine mammal species 

incidental to the marine geophysical 

survey in the Nauru Basin of greater 

Micronesia in the NW Pacific Ocean 

that includes the previously explained 

mitigation, monitoring and reporting 

requirements. 

Dated: December 11, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–29552 Filed 12–13–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE428] 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; 2025 

Cost Recovery Fee Notice 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; 2025 cost recovery fee 

percentages and average mothership 

cooperative program pricing. 

SUMMARY: This action provides 

participants in the Pacific Coast 

Groundfish Trawl Rationalization 

Program with the 2025 cost recovery fee 

percentages and the average mothership 

(MS) price per pound to be used in the 

catcher/processor (C/P) Co-op program 

to calculate the fee amount for the 

upcoming calendar year. For the 2025 

calendar year, NMFS announces the 

following fee percentages by sector 

specific program: 3.0 percent for the 

Shorebased Individual Fishing Quota 

(IFQ) Program; 0.1 percent for the C/P 

Co-op Program; and 3.0 percent for the 

MS Co-op Program. For 2025, the MS 

pricing to be used as a proxy by the C/ 

P Co-op Program is $0.09/lb for Pacific 

whiting. 

DATES: Applicable January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Biegel, (503) 231–6291, 

christopher.biegel@noaa.gov. 

SUPPLEMENTARY INFORMATION: Section 

304(d)(2)(A) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) authorizes and requires 

NMFS to collect fees to recover the costs 


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