49568 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

investigating authority, that are set out 

in the Complaints filed in the panel 

review and the procedural and 

substantive defenses raised in the panel 

review.

Dated: August 18, 2005. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. 05–16769 Filed 8–23–05; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 030905A]

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Explosive Removal of 

Offshore Structures in the Gulf of 

Mexico

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of receipt of application 

for an incidental take authorization; 

request for comments and information.

SUMMARY: NMFS has received a request 

from the Minerals Management Service 

(MMS), for authorization to harass small 

numbers of marine mammals incidental 

to explosive severance activities at 

offshore oil and gas structures in the 

Gulf of Mexico (GOM) outer continental 

shelf (OCS). As a result of this request, 

NMFS is considering whether to 

promulgate rulemaking, that if 

implemented, would govern the 

incidental taking of marine mammals 

under individual Letters of 

Authorization (LOAs) issued to 

participants in this industry to take 

marine mammals by Level A and Level 

B harassment. In order to promulgate 

regulations and issue LOAs thereunder, 

NMFS must determine that these 

takings will have a negligible impact on 

the affected species and stocks of 

marine mammals. NMFS invites 

comment on MMS’ application, and 

suggestions on the content of the 

regulations.

DATES: Comments and information must 

be received no later than September 23, 

2005.

ADDRESSES: Comments on the 

application should be addressed to 

Steve Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning the 

contact listed here. The mailbox address 

for providing email comments is 

PR1.030905A@noaa.gov. Comments 

sent via e-mail, including all 

attachments, must not exceed a 10–

megabyte file size. A copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the contact listed here 

and is also available at: http://

www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications.

A copy of MMS’ Programmatic 

Environmental Assessment (PEA) is 

available on-line at:http://

www.gomr.mms.gov/homepg/regulate/

environ/nepa/2005–013.pdf

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, NMFS, 301–

713–2055, ext 128.

SUPPLEMENTARY INFORMATION:

Background

Sections 101(a)(5)(A) and 101(a)(5)(D) 

of the Marine Mammal Protection Act 

(16 U.S.C. 1361 et seq.)(MMPA) direct 

the Secretary of Commerce (Secretary) 

to allow, upon request, the incidental, 

but not intentional taking of small 

numbers of marine mammals by U.S. 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and 

regulations are issued.

An authorization may 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 

subsistence uses, and if the permissible 

methods of taking and requirements 

pertaining to the monitoring and 

reporting of such takings are set forth. 

NMFS has defined ‘‘negligible impact’’ 

in 50 CFR 216.103 as ’’...an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.’’ 

Except for certain categories of activities 

not pertinent here, the MMPA defines 

‘‘harassment’’ as: any act of pursuit, 

torment, or annoyance which

(i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment].

Summary of Request

On February 28, 2005, NMFS received 

an application from MMS (MMS, 2005a) 

requesting, on behalf of the offshore oil 

and gas industry, authorization under 

section 101(a)(5)(A) of the Marine 

Mammal Protection Act (MMPA) to 

harass marine mammals incidental to 

explosive severance activities at 

offshore oil and gas structures in the 

GOM OCS.

Description of the Activity

During exploration, development, and 

production operations for mineral 

extraction in the GOM OCS, the seafloor 

around activity areas becomes the 

repository of temporary and permanent 

equipment and structures. In 

compliance with OCS Lands Act 

(OCSLA) regulations and MMS 

guidelines, operators are required to 

remove or ‘‘decommission’’ seafloor 

obstructions from their leases within 

one year of lease termination or after a 

structure has been deemed obsolete or 

unusable. To accomplish these 

removals, a host of activities is required 

to (1) mobilize necessary equipment and 

service vessels, (2) prepare the 

decommissioning targets (e.g., piles, 

jackets, conductors, bracings, wells, 

pipelines, etc.), (3) sever the target from 

the seabed and/or sever it into 

manageable components, (4) salvage the 

severed portion(s), and (5) conduct final 

site-clearance verification work.

There are two primary methodologies 

used in the GOM for cutting 

decommissioning targets; nonexplosive 

and explosive severance. Nonexplosive 

methods include abrasive cutters (sand 

and abrasive-water jets), mechanical 

cutters (e.g., carbide or rotary), diamond 

wire cutting devices, and cutting 

facilitated by commercial divers using 

arc/gas torches. Though relatively timeconsuming and potentially harmful to 

human health and safety (primarily for 

diver severances), nonexplosiveseverance activities have little or no 

impact on the marine environment and 

would not result in an incidental take of 

marine mammals (MMS, 2005bProgrammatic Environmental 

Assessment (PEA)). A description of 

non-explosive severing tools and 

methods can be found in MMS’ 

application and the PEA (section 

1.4.7.1)(see ADDRESSES).

Explosive-severance activities use 

specialized charges to achieve target 

severance. Severance charges can be 

deployed on multiple targets and 

detonated nearly-simultaneously (i.e., 

staggered at an interval of 900 msec) 

effecting rapid severances. Coupled 

with safe-handling practices, the 

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 49569

reduced ‘‘exposure time’’ and omission 

of diver cutting also makes explosive 

severance safer for offshore workers. 

However, since the underwater 

detonation of cutting charges generates 

damaging pressure waves and acoustic 

energy, explosive-severance activities 

have the potential to result in an 

incidental take of nearby marine 

mammals. For this reason, MMS has 

requested an incidental take 

authorization governing explosiveseverance activities that could be 

conducted under OCSLA structure 

decommissionings. Decommissioning 

operations conducted under OCSLA 

authority can occur on any day of a 

given year. Operators often schedule 

most of their decommissionings from 

June to December (approximately 80 

percent) to take advantage of the often 

calm seas and good weather and the 

time period when structure installations 

tend to decrease since both 

commissioning and decommissioning 

operations compete for the same 

management groups, equipment, 

vessels, and labor force (TSB and CES, 

LSU, 2004).

Depending upon the target, a 

complete decommissioning operation 

may span several days or weeks; 

however, the explosive-severance 

activity or ‘‘detonation event’’ for most 

removal targets (even those with 

multiple severances) last for only 

several seconds because of charge 

staggering. For complex targets or in 

instances where the initial explosiveseverance attempts are unsuccessful, 

more than one detonation event may be 

necessary per decommissioning 

operation. Even though hours or days 

may pass to allow for necessary 

mitigation measures and redeployment 

of new charges, each detonation event 

would similarly last only for a few 

seconds.

During the past 10 years (1994–2003), 

there has been an average of 156 

platform decommissionings per year, 

with over 60 percent involving 

explosive-severance activities (see Table 

4 in MMS (2005a)). In addition to 

historical activity averages, many of the 

older, nominally-producing structures 

in the mature GOM oil fields are nearing 

decommissioning age; this will result in 

an increase in removal operations in 

future years. Despite advancements in 

nonexplosive-severance methods and 

the additional requisite marine 

protected species mitigations, MMS 

expects explosive-severance activities to 

continue in at least 63 percent of all 

platform removals for the foreseeable 

future. (See Appendix A of MMS 

(2005b)) for additional forecasting 

information).

In addition to platform removals, 

based upon a review of the historical 

trends, industry projections, and recent 

forecast modeling, MMS estimates that 

between 170 and 273 explosive wellseverance activities would occur 

annually over the next 5 years (see 

Table 7 in MMS, 2005a).

Description of Habitat and Marine 

Mammals Affected by the Activity

The proposed explosive severance 

activities could occur in all water 

depths of the offshore areas designated 

by MMS as the GOM Central and 

Western Planning Areas (CPA and 

WPA) and a portion of the Eastern 

Planning Area (EPA) offered under 

Lease Sale 181/189 (see Figure 2 or 3 in 

MMS, 2005a). Water depths in the areas 

of the proposed action range from 4 to 

3,400 m (13–11,155 ft), with the 

majority of existing facilities and wells 

found within the CPA, concentrated on 

the upper shelf waters (greater than 200 

m (656 ft) water depth) off of Louisiana. 

A detailed description of the northern 

GOM area and its associated marine 

mammals can be found in the MMS 

application and PEA and in a number of 

documents referenced in the 

application. Detailed information on the 

marine mammals in the GOM can also 

be found in the NMFS status of stocks 

reports (Waring et al., 2004) which is 

available for downloading or reading at: 

http://www.nefsc.noaa.gov/nefsc/

publications/tm/tm182/

A total of 21 cetacean species and one 

species of sirenian (West Indian 

manatee) are known to occur in the 

GOM. These species are the sperm 

whale, pygmy sperm whale, dwarf 

sperm whale, Cuvier’s beaked whale, 

Sowerby’s beaked whale (extralimital), 

Gervais’ beaked whale, Blainville’s 

beaked whale, rough-toothed dolphin, 

bottlenose dolphin, pantropical spotted 

dolphin, Atlantic spotted dolphin, 

spinner dolphin, Clymene dolphin, 

striped dolphin, Fraser’s dolphin, 

Risso’s dolphin, melon-headed whale, 

pygmy killer whale, false killer whale, 

killer whale, short-finned pilot whale, 

North Atlantic right whale 

(extralimital), humpback whale (rare), 

minke whale (rare), Bryde’s whale, sei 

whale (rare), fin whale (rare), and the 

blue whale (extralimital).

A description of the status, 

distribution, and seasonal distribution 

of the affected species and stocks of 

marine mammals that might be affected 

by explosive severance activities is 

provided in MMS’ application.

Potential Impacts to Marine Mammals

Underwater explosions are the 

strongest manmade point sources of 

sound in the sea (Richardson et al., 

1995). The underwater pressure 

signature of a detonating explosion is 

composed of an initial shock wave, 

followed by a succession of oscillating 

bubble pulses (if the explosion is deep 

enough not to vent through the surface) 

(Richardson et al., 1995). The shock 

wave is a compression wave that 

expands radially out from the 

detonation point of an explosion. 

Although the wave is initially 

supersonic, it is quickly reduced to a 

normal acoustic wave. The broadband 

source levels of charges weighing 0.5–20 

kg (1.1–44 lb) are in the range of 267–

280 dB re 1 microPa (at a nominal 1–

m distance), with dominant frequencies 

below 50 Hz (Richardson et al., 1995; 

CSA, 2004). The following sections 

discuss the potential impacts of 

underwater explosions on marine 

mammals, including mortality, injury, 

hearing effects, and behavioral effects.

Mortality or Injury

It has been demonstrated that nearby 

underwater blasts can injure or kill 

marine mammals (Richardson et al., 

1995). Injuries from high-velocity 

underwater explosions result from two 

factors: (1) The very rapid rise time of 

the shock wave; and (2) the negative 

pressure wave generated by the 

collapsing bubble, which is followed by 

a series of decreasing positive and 

negative pressure pulses (CSA, 2004). 

The extent of injury largely depends on 

the intensity of the shock wave and the 

size and depth of the animal (Yelverton 

et al., 1973; Craig, 2001).

The greatest damage occurs at 

boundaries between tissues of different 

densities because different velocities are 

imparted that can lead to their physical 

disruption; effects are generally greatest 

at the gas-liquid interface (Landsberg, 

2000; CSA, 2004). Gas-containing 

organs, especially the lungs and 

gastrointestinal tract, are the most 

susceptible to this type of damage. Lung 

injuries (including lacerations and the 

rupture of the alveoli and blood vessels) 

can lead to hemorrhage, air embolisms, 

and breathing difficulties. The lungs 

and other gas-containing organs (nasal 

sacs, larynx, pharynx, and trachea) may 

also be damaged by compression/

expansion caused by oscillations of the 

blast gas bubble (Reidenberg and 

Laitman, 2003). Intestinal walls can 

bruise or rupture, which may lead to 

hemorrhage and the release of gut 

contents. Less severe injuries include 

contusions, slight hemorrhaging, and 

petechia (Yelverton et al., 1973; CSA, 

2004). Ears are the organs most sensitive 

to pressure and, therefore, to injury 

(Ketten, 2000; CSA, 2004). Severe 

49570 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

damage to the ears can include rupture 

of the tympanic membrane, fracture of 

the ossicles, cochlear damage, 

hemorrhage, and cerebrospinal fluid 

leakage into the middle ear. By 

themselves, tympanic membrane 

rupture and blood in the middle ear can 

result in partial, permanent hearing loss. 

Permanent hearing loss can also occur 

when the hair cells are damaged by loud 

noises (ranging from single, very loud 

events to chronic exposure).

Hearing Effects

Mammalian hearing functions over a 

wide range of sound intensities, or 

loudness. The sensation of loudness 

increases approximately as the 

logarithm of sound intensity 

(Richardson and Malme, 1993). Sound 

intensity is usually expressed in 

decibels (dB), units for expressing the 

relative intensity of sounds on a 

logarithmic scale. Because sound 

pressure is easier to measure than 

intensity and intensity is proportional to 

the square of sound pressure, sound 

pressure level is usually reported in 

units of decibels relative to a standard 

reference pressure.

Temporary Threshold Shift

The mildest form of hearing damage, 

temporary threshold shift (TTS), is 

defined as the temporary elevation of 

the minimum hearing sensitivity 

threshold at particular frequency(s) 

(Kryter, 1985; CSA, 2004). TTS may last 

from minutes to days. Although few 

data exist on the effects of underwater 

sound on marine mammal hearing, in 

terrestrial mammals, and presumably in 

marine mammals, received levels must 

exceed an animal’s hearing threshold 

(i.e., maximum sensitivity) for TTS to 

occur (Richardson et al., 1995; Kastak et 

al., 1999; Wartzok and Ketten, 1999).

Most studies involving marine 

mammals have measured exposure to 

noise in terms of sound pressure level 

(SPL), measured in dBrms or dBpeak

pressure re 1 microPa. Exposure to 

underwater sound can also be expressed 

in terms of energy, also called sound 

exposure level (SEL), or acoustic energy 

(measured in dB re 1 μPa2–s), which 

considers both intensity and duration of 

the sound. There appears to be a linear 

relationship between energy and the 

level of TTS, with duration and 

frequency seemingly unimportant (CSA, 

2004). If TTS is defined as a measurable 

threshold shift of 6 dB or more 

(Finneran et al., 2000, 2002), the onset 

of TTS (for white whales and bottlenose 

dolphins) was associated with an energy 

level of about 184 dB re 1 μPa2–s (CSA, 

2004). However, the data are very 

limited, and Finneran (2003) has noted 

that they should be interpreted with 

caution (CSA, 2004).

Permanent Threshold Shift (PTS)

PTS is a permanent decrease in the 

functional sensitivity of an animal’s 

hearing system at some or all 

frequencies (CSA, 2004). The principal 

factors involved in determining whether 

PTS will occur include sound impulse 

duration, peak amplitude, and rise time. 

The criteria are location and speciesspecific (Ketten, 1995) and are also 

influenced by the health of the 

receiver’s ear.

At least in terrestrial animals, it has 

been demonstrated that the received 

level from a single exposure must be far 

above the TTS threshold for there to be 

a risk of PTS (Kryter, 1985, Richardson 

et al., 1995; CSA, 2004). Sound signals 

with sharp rise times (e.g., from 

explosions) produce PTS at lower 

intensities than do other types of sound 

(Gisiner, 1998; CSA, 2004).

For explosives, Ketten (1995) 

estimated that greater than 50–percent 

PTS would occur at peak pressures of 

237–248 dB re 1 microPa and that TTS 

would occur at 211–220 dB re 1 

microPa. The ‘‘safe’’ peak pressure level 

to avoid physical injury recommended 

by Ketten (1995) is 100 psi (237 dB re 

1 μPa, or about 212 dB re 1 μPa2–s). PTS 

is assumed to occur at received levels 30 

dB above TTS-inducing levels. Studies 

have shown that injuries at this level 

involve the loss of sensory hair cells 

(Ahroon et al., 1996; CSA, 2004).

Behavioral Effects

Based on the information presented in 

Richardson et al. (1995), the possible 

behavioral effects of noise from 

underwater explosions on marine 

mammals may be categorized as follows:

(1)The noise may be too weak to be 

heard at the location of the animal (i.e., 

below the local ambient noise level, 

below the hearing threshold of the 

animal at the relevant frequencies, or 

both);

(2)The noise may be audible, but not 

loud enough to elicit an overt behavioral 

reaction;

(3)The noise may elicit behavioral 

reactions, which may vary from subtle 

effects on respiration or other behaviors 

(detectable only statistically) to active 

avoidance behavior;

(4)With repeated exposure, 

habituation (diminishing 

responsiveness) to the noise may occur. 

Continued disturbance effects are most 

likely with sounds that are highly 

variable in their characteristics, 

unpredictable in occurrence, and 

associated with situations perceived by 

the animal as threatening;

(5) Any anthropogenic noise that is 

strong enough to be heard has the 

potential to reduce (mask) the ability of 

a marine mammal to hear natural 

sounds at similar frequencies, including 

calls from conspecifics, and underwater 

environmental sounds such as surf 

noise.

(6) If mammals remain in an area 

because it is important for feeding, 

breeding or some other biologically 

important purpose even though there is 

chronic exposure to noise, it is possible 

that there could be noise-induced 

physiological stress; this might in turn 

have negative effects on the well-being 

or reproduction of the animals involved; 

and

(7) Very strong sounds have the 

potential to cause temporary or 

permanent reduction in hearing 

sensitivity. In terrestrial mammals, and 

presumably marine mammals, received 

sound levels must far exceed the 

animal’s hearing threshold for there to 

be any temporary threshold shift (TTS) 

in its hearing ability. For transient 

sounds, the sound level necessary to 

cause TTS is inversely related to the 

duration of the sound. Received sound 

levels must be even higher for there to 

be risk of permanent hearing 

impairment. In addition, intense 

acoustic or explosive events may cause 

trauma to tissues associated with organs 

vital for hearing, sound production, 

respiration and other functions. This 

trauma may include minor to severe 

hemorrhage.

Behavioral reactions of marine 

mammals to sounds such as those 

produced by underwater explosives are 

difficult to predict. Whether and how an 

animal reacts to a given sound depends 

on factors such as the species, hearing 

acuity, state of maturity, experience, 

current activity, reproductive state, time 

of day, and weather. If a marine 

mammal reacts to a sound by changing 

its behavior or moving a short distance, 

the impacts may not be significant to the 

individual, stock, or species as a whole. 

However, if a sound displaces marine 

mammals from an important feeding or 

breeding area for a prolonged period, 

impacts could be significant (CSA, 

2004).

Richardson et al. (1995) summarized 

available information on the reported 

behavioral reactions of marine mammals 

to underwater explosions. Observations 

following the use of seal bombs as scare 

charges indicate that pinnipeds rapidly 

habituate to and, in general, appear 

quite tolerant of noise pulses from 

explosives. Klima et al. (1988) reported 

that small charges were not consistently 

effective in moving bottlenose dolphins 

away from blast sites in the GOM. Since 

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 49571

dolphins may be attracted to the fish 

killed by such a charge, rather than 

repelled, scare charges are not used in 

the GOM platform removal program (G. 

Gitschlag, personal communication, in 

Richardson et al., 1995).

There are few data on the reactions of 

baleen whales to underwater 

explosions. Gray whales were 

apparently unaffected by 9– to 36–kg 

(20– to 97–lb) charges used for seismic 

exploration (Fitch and Young, 1948). 

However, Gilmore (1978) felt that 

similar underwater blasts within a few 

kilometers of the gray whale migration 

corridor did ‘‘sometimes’’ interrupt 

migration.

Humpback whales have generally not 

been observed to exhibit behavioral 

reactions (including vocal ones) to 

explosions, even when close enough to 

suffer injury (hearing or other) (Payne 

and McVay, 1971; Ketten et al., 1993; 

Lien et al., 1993; Ketten, 1995; Todd et 

al., 1996). In Newfoundland, 

humpbacks displayed no overt reactions 

within about 2 km of 200– to 2,000–kg 

explosions. Whether habituation and/or 

hearing damage occurred was unknown, 

but at least two whales were injured 

(and probably killed) (Ketten et al., 

1993). Other humpback whales in 

Newfoundland, foraging in an area of 

explosive activity, showed little 

behavioral reaction to the detonations in 

terms of decreased residency, overall 

movements, or general behavior, 

although orientation ability appeared to 

be affected (Todd et al., 1996). Todd et 

al. (1996) suggested caution in 

interpretation of the lack of visible 

reactions as indication that whales are 

not affected or harmed by an intense 

acoustic stimulus; both long- and shortterm behavior as well as anatomical 

evidence should be examined. The 

researchers interpreted increased 

entrapment rate of humpback whales in 

nets as the whales being influenced by 

the long-term effects of exposure to 

deleterious levels of sound.

As mentioned previously, Finneranet 

al. (2000) exposed captive bottlenose 

dolphins and belugas to single, 

simulated sounds of distant explosions. 

The broad-band received levels were 

155–206 dB; pulse durations were 5.4–

13 ms. This was equivalent to a 

maximum spectral density of 102–142 

dB re 1 μPa2/Hz at a 6.1 Hz bandwidth. 

Although pulse durations differed, the 

source levels required to induce these 

reactions were similar to those found by 

Ridgway et al. (1997) and Schlundt et 

al. (2000).

Estimates of Take by Harassment 

During Explosive Severance Activities 

in the GOM

The MMS has requested NMFS to 

issue authorizations, under section 

101(a)(5)(A) of the MMPA, to cover any 

potential take by Level A or Level B 

harassment for the 21 species of marine 

mammals listed previously in this 

document, incidental to the oil and gas 

industry conducting explosiveseverance operations regulated by the 

MMS. Explosive severance operations 

have the potential to take marine 

mammals by contact with shock wave 

and acoustic energy released from 

underwater detonations and the 

resultant injury, hearing damage, and 

behavioral effects as defined by NMFS. 

For this activity, MMS has adopted, 

without modification, NMFS’ take 

thresholds and criteria for explosives 

used in the incidental take authorization 

for shock trials for the U.S. Navy’s 

Winston Churchill (USDON, 2001). 

While these criteria remain a subject for 

discussion (see 69 FR 21816, April 22, 

2004), the Churchill criteria (12 pounds/

in2 (psi) peak-pressure and 182 dB (re 1 

μPa2–sec)) remain conservative because 

Finneran et al. (2003) did not find 

masked TTS in the single bottlenose 

dolphin tested at the highest exposure 

conditions: peak pressure of 207 kPa (30 

psi), 228 dB re 1 microPa pk-pk 

pressure, and 188 dB re 1 microPa2–s 

total energy flux.

The criteria for nonlethal, injurious 

impacts (Level A harassment) are 

currently defined as the incidence of 

50–percent tympanic-membrane (TM) 

rupture and the onset of slight lung 

hemorrhage for a 12.2–kg (27 lb) 

dolphin calf. Level A harassment take is 

assumed to occur:

1. At an energy flux density value of 

1.17 in-lb/in2 (which is about 205 dB re 

1 μPa2–s); and

2. If the peak pressure exceeds 100 psi 

for an explosive source; i.e., the ‘‘safe’’ 

peak pressure level to avoid physical 

injury recommended by Ketten (1995).

The horizontal distance from the 

explosive to each threshold is 

determined and the maximum distance 

at which either is exceeded is 

considered to be the distance at which 

Level A harassment would occur 

(USDON, 2001).

NMFS recognizes two levels of 

noninjurious acoustical impacts (Level 

B harassment). One criterion for Level B 

harassment is defined by the onset of 

TTS. Two thresholds are applied. TTS 

is assumed to be induced:

1. At received energies greater than 

182 dB re 1 μPa2–s within any 1/3–

octave band; and

2. If, for an explosive source, the peak 

pressure at the animal exceeds 12 psi.

As with Level A harassment, the 

horizontal distance to each threshold is 

determined and the maximum distance 

at which either is exceeded is 

considered the distance at which Level 

B harassment (TTS) would occur 

(USDON, 1998 and 2001; CSA, 2004).

Sub-TTS behavioral effects may also 

be considered to constitute a take by 

Level B harassment if a marine mammal 

reacts to an activity in a manner that 

would disrupt some behavioral pattern 

in a biologically significant way. NMFS 

does not believe that single, minor 

reactions (such as startle or ‘‘heads-up’’ 

alert displays, short-term changes in 

breathing rates, or modified single dive 

sequences) that have no biological 

context qualify as takes (66 FR 22450, 

May 4, 2001). This would include minor 

or momentary strictly behavioral 

responses to single events such as 

underwater explosions. Since explosive 

severance activities result in single, 

almost instantaneous detonations, with 

no repetitive detonations, NMFS does 

not believe that marine mammals would 

be subject to behavioral harassment 

other than behavioral modifications 

incurred as a result of TTS.

In order to obtain potential incidentaltake numbers for explosive severance 

activities, fundamental modeling 

components require: (1) predictive 

modeling of detonation pressure/energy 

propagation, (2) propagation model 

verification and utilization, (3) 

predictive modeling of marine mammal 

take estimates, and (4) take-estimate 

calculation. These calculations are 

explained in detail in MMS’ application 

and PEA.

Based on MMS calculations for all 

explosive severance scenarios, Level A 

harassment takes would be limited to 

less than one bottlenose dolphin and 

between three and five bottlenose 

dolphins, one Atlantic spotted, and one 

pantropical spotted dolphins over the 

five-year period of the proposed 

regulations.

Based on MMS calculations for all 

explosive severance scenarios, Level B 

harassment takes would be limited 148–

227 bottlenose dolphins, 35–65 Atlantic 

spotted dolphins, 33–77 pantropical 

spotted dolphins, 11–27 Clymene 

dolphins, 8–12 rough-toothed dolphins, 

6–14 striped dolphins, 6–15 melonheaded whales, 4–10 pilot whales, 2–5 

spinner dolphins, 1–3 Risso’s dolphins, 

and 1–2 sperm whales. It should be 

noted that these estimates are made 

without consideration of the 

implementation of mitigation measures 

to protect marine mammals, so actual 

harassment numbers would likely be 

49572 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

lower. Post-activity monitoring 

conducted by NMFS observers since 

about 1989 has not resulted in any 

sightings of distressed marine mammals.

Mitigation and Monitoring

Based upon the analysis found in the 

Structure-Removal PEA, MMS believes 

that implementation of the mitigation 

measures listed in this section will 

prevent any significant impacts from 

occurring.

Charge Criteria

The charge criteria discussed here 

(e.g., charge size, detonation staggering, 

and explosive material) are applicable 

for all of the explosive-severance 

scenarios conducted under the proposed 

action.

Charge Size

The options available under the 

multiple explosive-severance scenarios 

allow for the development of any size 

charge between 0 and 500 lb (226.8 kg). 

Most often determined in the early 

planning stages, the final/actual charge 

weight establishes the specific 

mitigation scenario that must be 

adhered to as a permit condition. 

However, increasing charge size results 

in increasing levels of mitigation/

monitoring. Using explosives greater 

than 500 lb (226.8 kg) are not proposed 

to be authorized for taking marine 

mammals under the MMPA. Use of 

explosives greater than 500 lb (226.8 kg) 

would require additional National 

Environmental Policy Act (NEPA) 

analyses, Endangered Species Act (ESA) 

consultations and MMPA authorization 

prior to usage. As a result, no marine 

mammal takings will be authorized for 

charge weights greater than 500 lbs 

(226.8 kg).

Detonation Staggering

Multiple-charge detonations will be 

staggered at an interval of 0.9 sec (900 

msec) between blasts to prevent an 

additive pressure event. For 

decommissioning purposes, a 

‘‘multiple-charge detonation’’ refers to 

any configuration where more than one 

charge is required in a single detonation 

‘‘event.’’

Explosive Material

There are many important properties 

(i.e., velocity, brisance, specific-energy, 

etc.) related to the explosive material(s) 

used in developing severance charges. 

Material needs vary widely depending 

upon target characteristics, marine 

conditions, and charge placement. Since 

specific material and personnel safety 

requirements must be established and 

followed, MMS believes that all 

decisions on explosive composition, 

configuration, and usage should be 

made by the qualified (i.e., licensed and 

permitted) explosive contractors in 

accordance with the applicable 

explosive-related laws and regulations.

Specific Mitigation/Monitoring 

Requirements

Explosive-severance activities, as 

described in the MMS application and 

PEA, have been grouped into five 

blasting categories (very small, small, 

standard, large, and specialty). Since the 

level of detonation pressure and energy 

is primarily related to the amount of the 

explosives used, these categories were 

developed cooperatively by MMS, 

NMFS and industry based upon the 

specific range of charge weights needed 

to conduct current and future GOM OCS 

decommissionings. Depending on the 

design of the target and other variable 

marine conditions, the severance 

charges developed under each of these 

categories could be designed for use in 

either a below-mudline (BML) or above 

mudline (AML) configuration. These 

factors, combined with an activity 

location within either the shelf (less 

than 200 m (656 ft)) or slope (greater 

than 200 m (656 ft)) species-delineation 

zone, result in 20 separate severance 

scenarios, as shown in Table 1.

BILLING CODE 3510–22–S

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 49573

The charge criteria listed previously 

will be standard for all 

decommissionings employing 

explosive-severance activities. However, 

depending upon the severance scenario, 

there are six different types of marine 

mammal/sea turtle monitoring surveys 

that could be conducted before and after 

all detonation events. The specific 

monitoring requirements, survey times, 

and impact zone radii for all explosiveseverance scenarios are summarized in 

Table 2.


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49574 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

BILLING CODE 3510–22–C


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Use of Table 2 is illustrated using the 

Standard Blasting Category for shelf and 

slope waters as an example:

Shelf Waters (<200 m): Scenarios C1 

and C3

An operator proposing shelf-based, 

explosive-severance activities 

conducted under the standard blasting 

category will be limited to 80–lb charge 

sizes (BML or AML) and will be 

required to conduct all requisite 

monitoring during daylight hours out to 

the associated impact-zone radii listed 

here:

C1–631 m (2,069 ft)

C3–829 m (2,721 ft)

Required Observers

Generally, two NMFS observers are 

required to perform marine mammal/sea 

turtle detection surveys for standardblasting under shelf scenarios C1 and 

C3. If necessary, the site coordinator 

will determine if additional observers 

are required to compensate for the 

complexity of severance activities and 

or structure configuration. In addition to 

meeting all reporting requirements, the 

NMFS observers will:

(1) Brief affected crew and severance 

contractors on the monitoring 

requirements and notify topsides 

personnel to immediately report any 

sighted marine mammal/sea turtles to 

the observer or company representative;

(2) Establish an active line of 

communication (i.e., 2–way radio, 

visual signals, etc.) with company and 

blasting personnel; and

(3) Devote the entire, uninterrupted 

survey time to marine mammal/sea 

turtle monitoring.

Pre-Detonation Monitoring

Before severance charge detonation, 

the NMFS observers will conduct a 90–

min surface monitoring survey of the 

impact zone. The monitoring will be 

conducted from the highest vantage 

point available from either the 

decommissioning target or proximal 

surface vessels. Once the surface 

monitoring is complete (i.e., the impact 

zone cleared of marine mammal/sea 

turtles), one of the NMFS observers will 

transfer to a helicopter to conduct a 30–

min (Scenario C1) or 45–min (Scenario 

C3) aerial monitoring survey. As per 

approved guidelines, the helicopter will 

transverse the impact zone at low 

speed/altitude in a specified grid 

pattern. If during the aerial survey a 

marine mammal/sea turtle is:

(1) Not sighted, proceed with the 

detonation;

(2) Sighted outbound and 

continuously tracked clearing the 

impact zone, proceed with the 

detonation after the monitoring time is 

complete to ensure no reentry;

(3) Sighted outbound and the marine 

mammal/sea turtle track is lost (e.g., the 

animal dives below the surface),

• Halt the detonation,

• Wait 30 min, and

• Reconduct the 30 min (C1) or 45 

min (C3) aerial monitoring survey; or

(4) Sighted inbound,

• Halt the detonation,

• Wait 30 minutes, and

• Reconduct the 30–min (C1) or 45–

min (C3) aerial monitoring survey.

Post-Detonation Monitoring

After severance charge detonation, the 

NMFS observer will conduct a 30–min 

aerial monitoring survey of the impact 

zone to look for impacted marine 

mammal/sea turtles. If a marine 

mammal/sea turtle is found shocked, 

seriously injured, or dead, the 

operations will cease, attempts will be 

made, under the direction of the NMFS 

observer, to collect/resuscitate the 

animal, and the Southeast Region, 

NMFS will be contacted for additional 

instruction. If no marine mammal/sea 

turtles are observed to be impacted by 

the detonation, the NMFS observer will 

record all of the necessary information 

as required in MMS’s permit approval 

letter and guidelines for the preparation 

of a trip report.

If unforeseen conditions or events 

occur during a standard-blasting 

operation that may necessitate 

additional monitoring, the NMFS 

observer will contact the NMFS 

Platform Removal Observer Program 

(PROP) Coordinator in Galveston, TX 

and/or MMS for additional guidance. A 

flowchart of the monitoring process and 

associated survey times for standard 

severance-scenarios C1 and C3 is 

provided in Figure 6 in MMS, 2005a.

Slope Waters (>200 m): Scenarios C2 

and C4

An operator proposing slope-based, 

explosive-severance activities conduced 

under the standard blasting category 

will be limited to 80–lb charge sizes 

(BML or AML) and conduct all requisite 

monitoring during daylight hours out to 

the associated impact-zone radii listed 

below:

C2–631 m (2,069 ft)

C4–829 m (2,721 ft)

Required Observers

Slope water scenarios propose to 

require a minimum of three NMFS 

observers for the coordinated surface, 

aerial, and acoustic monitoring surveys, 

therefore, at least two ‘‘teams’’ of 

observers will be required. The PROP 

Coordinator will determine each ‘‘team’’ 

size depending upon the complexity of 

severance activities and or structure 

configuration. In addition to meeting all 

reporting requirements, the NMFS 

observers would perform the same 

functions as the observers in the Shelf 

Water Scenarios C1 and C3.

Pre-Detonation Monitoring

Before severance charge detonation, 

NMFS observers will begin a 90–min 

surface monitoring survey and a 120–

min (Scenario C2) or 150–min (Scenario 

C4) passive-acoustic monitoring survey 

of the impact zone. The surface 

monitoring will be conducted in the 

same manner as the C1 and C3 

scenarios. Once the surface monitoring 

is complete (i.e., the impact zone 

cleared of marine mammal/sea turtles), 

the acoustic survey will continue while 

one of the NMFS observers transfers to 

a helicopter to conduct a 30–min 

(Scenario C2) or 60–min (Scenario C4) 

aerial monitoring survey. As per 

approved guidelines, the helicopter will 

transverse the impact zone at low 

speed/altitude in a specified grid 

pattern.

The proposed requirements on marine 

mammal and sea turtle sighting for the 

C1 and C3 scenarios would apply here 

except that the wait times and aeries 

survey times differ (see Table 2).

Post-Detonation Monitoring

Scenarios C2 and C4 both would 

require the same post-detonation 

monitoring explained for the C1 and C3 

scenarios. , or

Scenario C4 also requires a post-postdetonation aerial monitoring survey to 

be conducted within 2–7 days after 

detonation activities conclude. 

Conducted by helicopter or fixed-wing 

aircraft, observations are to start at the 

removal site and proceed leeward and 

outward of wind and current movement. 

Any injured or killed marine mammal/

sea turtle must be recorded, and if 

possible, tracked after notifying NMFS. 

If no marine mammal/sea turtles are 

observed to be impacted during either 

aerial survey, the NMFS observers will 

record all of the necessary information 

as detailed in MMS’s permit approval 

letter and guidelines for the preparation 

of a trip report.

If unforeseen conditions or events 

occur during a standard-blasting 

operation that may necessitate 

additional monitoring, the NMFS 

observer will contact the coordinator 

and/or MMS for additional guidance. A 

flowchart of the monitoring process and 

associated survey times for standard 

severance- scenarios C2 and C4 is

49576 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices 

provided in Figure 7 in the MMS 

application (MMS, 2005a).

Reporting Requirements

All explosive-severance activities in 

the GOM would be mandated to abide 

by the reporting requirements listed in 

this section. The information collected 

will be used by MMS and NMFS to 

continually assess mitigation 

effectiveness and the level of marine 

mammal/sea turtle impacts.

The reporting responsibilities will be 

undertaken by the NMFS’ marine 

mammal/sea turtle observer for 

scenarios B1–E4 (Table 2) and the 

collected data will be prepared and 

routed in accordance with previously 

established guidelines for filing times 

and distribution.

For very-small blasting scenarios A1–

A4, the company observer will be 

responsible for recording the data and 

preparing a trip report for submittal 

within 30–days of completion of the 

severance activities. Trip reports for 

scenarios A1–A4 will be sent to MMS 

and NMFS Gulf/Southeast regional 

offices.

In addition to basic operational data 

(i.e., area and block, water depth, 

company/platform information, etc.), 

the trip reports must contain all of the 

applicable information listed in Table 

10 in MMS’ application. In the event 

that a marine mammal or sea turtle is 

shocked, injured, or killed during the 

severance activities, the operations will 

cease and the observer will contact 

MMS and NMFS’ Southeast Regional 

Office. If the animal does not revive, 

efforts should be made to recover it for 

necropsy in consultation with the 

appropriate NMFS’ Stranding 

Coordinator.

Conclusions

MMS has concluded that impacts to 

marine mammals from explosiveseverance activities conducted under 

the proposed action are potentially 

adverse but not significant. The 

projected Level A harassment takes are 

very unlikely and, would be limited to 

3 species. No deaths or serious injuries 

to marine mammals or sea turtles are 

projected. If any marine mammals are 

displaced from preferred grounds, it 

will be for the short term, and no critical 

habitat is involved. Level B harassment 

takes may disrupt behavioral patterns in 

a few individuals of a few species, but 

no effect is projected on annual 

recruitment or survival. With proposed 

mitigation measures in place, the 

potential impacts on marine mammals 

are expected to be negligible.

ESA

Under section 7 of the ESA, MMS has 

begun consultation on the proposed 

explosive severance activtiy. NMFS will 

also consult on the issuance of 

regulations and LOAs under section 

101(a)(5)(A) of the MMPA for this 

activity. Consultation will be concluded 

prior to a determination on the issuance 

of regulations.

NEPA

MMS completed and released its PEA 

to the public on February 28, 2005. That 

document is available for review (see 

ADDRESSES).

NMFS is reviewing the PEA and will 

either adopt it or prepare its own NEPA 

document before making a 

determination on the issuance of 

regulations and LOAs for this activity.

Information Solicited

NMFS requests interested persons to 

submit comments and information 

concerning this request (see ADDRESSES). 

NMFS requests commenters also read 

the MMS application and PEA on this 

action prior to submitting comments.

Dated: August 18, 2005.

James H. Lecky,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 05–16843 Filed 8–23–05; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 081905A]

New England Fishery Management 

Council; Public Meeting

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of a public meeting.

SUMMARY: The New England Fishery 

Management Council (Council) will 

hold a 3-day Council meeting in 

September, to consider actions affecting 

New England fisheries in the exclusive 

economic zone (EEZ).

DATES: The meeting will be held on 

Tuesday, September 13 through 

Thursday, September 15, 2005, 

beginning at 9 a.m. on Tuesday and 8:30 

a.m. on Wednesday and Thursday.

ADDRESSES: The meeting will be held at 

the Holiday Inn Express, 110 Middle 

Street High Street, Fairhaven, MA; 

telephone: (508) 997–1281.

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950; 

telephone: (978) 465–0492.

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492.

SUPPLEMENTARY INFORMATION:

Tuesday, September 13, 2005

Following introductions, the Council 

will review and approve a revised 

policy concerning the election of new 

officers and conduct elections for 2005–

06 officers. Reports will follow from the 

Council Chairman and Executive 

Director, the NMFS Regional 

Administrator, Northeast Fisheries 

Science Center and Mid-Atlantic 

Fishery Management Council liaisons, 

NOAA General Counsel and 

representatives of the U.S. Coast Guard, 

NMFS Enforcement and the Atlantic 

States Marine Fisheries Commission. 

There also will be an update on the New 

England Fleet Visioning Project. During 

the morning session, the Council also 

will receive a briefing on a proposed 

rule that will address issues related to 

the management of Atlantic tunas, 

swordfish, shark and billfish fisheries. 

The Magnuson-Stevens Act Committee 

will provide recommendations for 

Council approval concerning positions 

on changes to the Act. The remainder 

the day will be spent on habitat and 

ecosystem-related issues. There will be 

a summary of the most recent activities 

currently underway and associated with 

development of essential fish habitat 

(EFH) Omnibus Amendment 2, as well 

as consideration and approval of a 

Council policy on Marine Protected 

Areas. There also will be an update on 

the Habitat/Marine Protected Area 

(MPA)/Ecosystem Committee’s progress 

to develop and recommend alternatives 

for Habitat Areas of Particular Concern 

in the EFH Omnibus Amendment. The 

day will conclude with a report on 

jurisdictional issues related to wind 

farm, liquified natural gas and 

aquaculture projects in the Northeast 

and an update on the Council’s 

ecosystem project.

Wednesday, September 14, 2005

During the Wednesday morning 

session, the Council receive a 

presentation on the Data Quality Act. 

This will be followed by an open public 

comment period to address items not 

listed on the agenda. The Scallop 

Committee will then present its 

recommendations for measures to be 

included in Framework Adjustment 18 

to the Sea Scallop Fishery Management