52950 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 

Dated: September 8, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–21349 Filed 9–11–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XI15 

Small Takes of Marine Mammals 

Incidental to Specified Activities; 

Marine Geophysical Survey in the Gulf 

of Alaska, September 2008 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

take authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to Lamont-Doherty Earth 

Observatory (L-DEO), a part of Columbia 

University, for the take of marine 

mammals, by Level B harassment only, 

incidental to conducting a marine 

seismic survey in the Gulf of Alaska 

during September, 2008. 

DATES: Effective September 10, 2008, 

through October 31, 2008. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to P. 

Michael Payne, 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. A copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to the address 

specified above, telephoning the contact 

listed below (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Ken Hollingshead, 

Office of Protected Resources, NMFS, 

(301) 713–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

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

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

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of marine mammals 

by U.S. citizens who engage in a 

specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization shall be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses 

(where relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ‘‘* * * an 

impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (I) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

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

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45– 

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either approve or deny the 

authorization. 

Summary of Request 

On April 10, 2008, NMFS received an 

application from L-DEO for the taking, 

by Level B harassment only, of small 

numbers of 20 species of marine 

mammals incidental to conducting, 

under a cooperative agreement with the 

National Science Foundation (NSF), a 

marine seismic survey in the Gulf of 

Alaska during September, 2008. The 

purpose of the research program was 

outlined in NMFS’ notice of the 

proposed IHA (73 FR 45407, August 5, 

2008). 

Description of the Activity 

The seismic survey will involve one 

source vessel, the R/V Marcus G. 

Langseth (Langseth), which will occur 

offshore from the Saint Elias Mountains. 

The Langseth will deploy an array of 36 

airguns (6,600 in3) as an energy source 

and, at times, a receiving system 

consisting of a 8–km (5–mi) towed 

hydrophone streamer and/or Ocean 

Bottom Seismometers (OBSs). The 

streamer will be towed at a depth of 7 

m (23 ft). The OBSs are housed in 43– 

cm diameter glass spheres that have a 

gross weight of approximately 45 kg (99 

lbs). As the airgun array is towed along 

the survey lines, the hydrophone 

streamer and/or OBSs will receive the 

returning acoustic signals and transfer 

the data to the on-board processing 

system. 

The Langseth is expected to depart 

Astoria, Oregon on approximately 

September 10, 2008 for the study area in 

the GOA (see Figure 1 of L-DEO’s 

application). The airgun array is 

expected to operate for a total of ∼200– 

250 hours. With OBS deployment and 

retrieval, the length of the survey will be 

∼18 days. The overall area within which 

the STEEP survey will take place is 

located at ∼58–60.5° N, 138–146° W (see 

Figure 1 of L-DEO’s application). The 

proposed survey will be conducted in 

water depths from <100 m to >3,000 m 

(<330 to >9,840 ft) entirely within the 

territorial waters and Exclusive 

Economic Zone (EEZ) of the United 

States. The exact dates of the activities 

depend upon logistics, as well as 

weather conditions and/or the need to 

repeat some lines if data quality is 

substandard. 

The primary marine seismic survey 

will consist of two long transect lines 

that will cross each other (Figure 1 of LDEO’s application). For the longer line 

paralleling the shoreline, a seismic 

reflection-refraction profile will be shot 

using the hydrophone streamer as well 

as 25 OBSs deployed on the seafloor 

and 60 Texan seismometers deployed 

on land across the toe of the Bering 

Glacier. A reflection-refraction profile 

will also be obtained from the slightly 

shorter line that is perpendicular to the 

shoreline using the hydrophone 

streamer as well as 17 OBSs; this line 

will be shot twice if time allows. Both 

of these lines will have a shot spacing 


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of 50 m (164 ft, 20 seconds); if the 

onshore-offshore line is shot twice, the 

shot interval used during the second run 

will be 150 m (492 ft, 60 s). During the 

reflection-refraction profiling, the airgun 

array will be towed at a depth of 9 m. 

In addition, two reflection-only 2– 

dimensional (2–D) seismic grids will be 

shot; the western grid is located 

approximately 150 km (93 mi) from 

shore whereas the eastern grid is located 

nearshore (see Figure 1 in L-DEO’s 

application). The shot spacing for these 

grids will be 50 m (164 ft) and the 

airgun array will be towed at a depth of 

9 m. No OBSs will be deployed during 

reflection-only profiling. There will be 

additional operations associated with 

equipment testing, startup, line changes, 

and repeat coverage of any areas where 

initial data quality is sub-standard. In LDEO’s calculations, 25 percent has been 

added to the line total for those 

additional operations. 

The planned seismic survey 

(excluding the 25 percent contingency) 

will consist of 1,909 km of survey lines 

including turns (see Figure 1 in L-DEO’s 

application). Most of this effort (923 km 

or 574 mi) will take place in 

intermediate water depths of 100–1,000 

m and in water depths >1,000 m deep 

(812 km or 504 mi), and a smaller 

portion (174 km or 108 mi) will take 

place in water <100 m deep. 

All planned geophysical data 

acquisition activities will be conducted 

by L-DEO with on-board assistance by 

the scientists who have proposed the 

study. The scientific team is headed by 

Dr. Sean Gullick of the University of 

Texas at Austin Institute for Geophysics 

(UTIG) and also includes Drs. G. 

Christesen, P. Mann, and H. Van 

Avendonk of UTIG. The vessel will be 

self-contained, and the crew will live 

aboard the vessel for the entire cruise. 

In addition to the operations of the 

airgun array, a multibeam echosounder 

(MBES) will be operated from the 

Langseth continuously throughout the 

STEEP cruise. Also, a sub-bottom 

profiler (SBP) will be operated by the 

Langseth during most of the survey. 

A more detailed description of the 

authorized action, including vessel and 

acoustic source specifications, was 

included in the proposed IHA notice (73 

FR 45407, August 5, 2008). 

Safety Radii 

L-DEO estimated the safety radii 

around their operations using a model 

and by adjusting the model results 

based on empirical data gathered in the 

Gulf of Mexico in 2003. Additional 

information regarding safety radii in 

general, how the safety radii were 

calculated, and how the empirical 

measurements were used to correct the 

modeled numbers may be found in 

NMFS’ proposed IHA notice (73 FR 

45407, August 5, 2008) and Section I 

and Appendix A of L-DEO’s application. 

Using the modeled distances and 

various correction factors, Table 1 

outlines the distances at which three 

rms sound levels (190 dB, 180 dB, and 

160 dB) are expected to be received 

from the various airgun configurations 

in shallow, intermediate, and deep 

water depths. 

Source and Volume Tow Depth (m) Water Depth 

Predicted RMS Distances (m) 

190 dB 180 dB 160 dB 

Single Bolt airgun Deep 12 40 385 

40 in3 9 Intermediate 18 60 578 

Shallow 150 296 1050 

4 strings Deep 300 950 6000 

36 airguns 9 Intermediate 450 1425 6667 

6600 in3 Shallow 2182 3694 8000 

4 strings Deep 340 1120 7400 

36 airguns 12 Intermediate 510 1680 8222 

6600 in3 Shallow 2473 4356 9867 

Table 1. Predicted distances to which sound levels ≥190, 180, and 160 dB re 1 μPa might be received in shallow (<100 m; 328 ft), intermediate (100-1,000 m; 328-3,280 ft), and deep (>1,000 m; 3,280 ft) water during the STEEP survey in the Gulf of Alaska. 

Comments and Responses 

A notice of receipt of the L-DEO 

application and proposed IHA was 

published in the Federal Register on 

August 5, 2008 ( 73 FR 45407). During 

the comment period, NMFS received 

comments from the Marine Mammal 

Commission (Commission). NMFS also 

received one comment from a private 

citizen. Following are the comments 

from the Commission, a private citizen, 

the Center for Regulatory Effectiveness 

(CRE), and NMFS’ responses. 

Comment 1: The Commission 

recommends that NMFS provide 

additional justification for its proposed 

determination that the planned 

monitoring program will be sufficient to 

detect, with reasonable confidence, all 

marine mammals within or entering the 

identified safety zones; as such 

monitoring is essential for determining 

whether animals are being taken in 

unanticipated ways and unexpected 

numbers. 

Response: NMFS believes that the 

planned monitoring program will be 

sufficient to detect (using visual 

detection and PAM), with reasonable 

certainty, most marine mammals within 

or entering identified safety zones. This 

monitoring, along with the required 

mitigation measures (see below), will 

result in the least practicable adverse 

impact on the affected species or stocks 

and will result in a negligible impact on 

the affected species or stocks. 

The Langseth is utilizing a team of 

trained marine mammal observers 

(MMOs) to both visually monitor from 

the high observation tower of the 

Langseth and to conduct passive 

acoustic monitoring (PAM). However, 

there are limitations on marine mammal 

detection, and ramp-ups are required as 

a mitigation measure due to these 

limitations. This monitoring, along with 

the required mitigation measures (see 

below), will result in the least 

practicable adverse impact on the 

affected species or stocks and will result 


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52952 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 

in a negligible impact on the affected 

species or stocks. 

When stationed on the observation 

platform of the Langseth, the eye level 

will be approximately 17.8 m (58.4 ft) 

above sea level, so the visible distance 

(in good weather) to the horizon is 8.9 

nm (16.5 km; the largest safety radii is 

2.4 nm, 4.4 km). Big eyes are most 

effective at scanning the horizon (for 

blows), while 7 x 50 reticle binoculars 

are more effective closer in (MMOs also 

use a naked eye scan). Night vision 

devices (NVDs) will be used in low light 

situations. Additionally, MMOs will 

have a good view in all directions 

around the entire vessel. Also, nearly 90 

percent of the survey transect lines are 

in intermediate or deep water depths, 

where the safety radii are all less than 

1 nm (1.9 km). 

Theoretical detection distance of this 

PAM system is tens of kilometers. The 

PAM is operated both during the day 

and at night. Though it depends on the 

lights on the ship, the sea state, and 

thermal factors, MMOs estimated that 

visual detection is effective out to 

between 150 and 250 m (492 and 820 ft) 

using NVDs and about 30 m (98.4 ft) 

with the naked eye. However, the PAM 

operates equally as effectively at night 

as during the day, especially for sperm 

whales and dolphins. 

The PAM has reliable detection rates 

out to 3 km (1.6 nm) and more limited 

ability out to 10s of km. The largest 

180–dB safety radii (3.7 km, 2 nm), 

which is the radii within which the 

Langseth is required to shut down if a 

marine mammal enters, are found when 

the 36–gun array is operating in shallow 

water at a 9 m (29.5 ft) tow depth. Only 

174 km (9 percent) of the total 1,909 km 

survey lines of the planned seismic 

survey (excluding 25 percent 

contingency) will take place in water 

less than 100 m deep (shallow water). 

The species most likely to be 

encountered in the waters of the Gulf of 

Alaska are Dall’s porpoise and Pacific 

white-sided dolphins, which have 

relatively larger group sizes (2–20 

animals for Dall’s porpoises but even 

higher in some areas of the survey, 10– 

100 or more animals per group for 

Pacific white-sided dolphins), are not 

cryptic at the surface, and have 

relatively short dive times (6 minutes 

for dolphins), all which generally make 

them easier to visually detect. Other 

species that are likely to be encountered 

during the seismic survey include 

humpback, fin, and killer whales, have 

relatively long dive times; however, 

they are not cryptic at the surface, have 

large blows and distinct physical 

features, all which generally make them 

easier to visually detect. Furthermore, 

the vocalizations of most of these 

species are easily detected by the PAM. 

During the Maurice Ewing cruise in the 

GOM in 2003, MMOs detected marine 

mammals at a distance of approximately 

10 km (5.4 nm) from the vessel and 

identified them to species level at 

approximately 5 km (2.7 nm) from the 

vessel, though the bridge of that vessel 

was only 11 m (36 ft) above the water 

(vs. the Langseth, which is more than 17 

m (55.8 ft) above sea level). All of the 

180–dB safety radii for other water 

depths and tow depths and for the 

single 40 in3 airgun to be used during 

ramp-ups and power-downs (see below) 

are less than 2 km (1.1 nm). 

The likelihood of visual detection at 

night is significantly lower than during 

the day, though the PAM remains just 

as effective at night as during the day. 

However, the Langseth will not be 

starting up the airguns unless the safety 

range is visible for the entire 30 minutes 

prior (i.e., not an night), and therefore 

in all cases at night, the airguns will 

already be operating, which NMFS 

believes will cause many cetaceans to 

avoid the vessel, which therefore will 

reduce the number likely to come 

within the safety radii. Additionally, all 

of the safety radii in intermediate and 

deep water depths are smaller than 3 km 

(1.6 nm) and fall easily within the 

reliable detection capabilities of the 

PAM. 

Comment 2: The Commission 

recommends that observations be made 

during ramp-up procedures to gather 

data on its effectiveness as a mitigation 

measure. 

Response: The IHA requires that 

MMOs on the Langseth make 

observations for 30 minutes prior to 

ramp-up, during all ramp-ups, and 

during all daytime seismic operations 

and record the following information 

when a marine mammal is sighted: 

(I) Species, group size, age/size/sex 

categories (if determinable), behavior 

when first sighted and after initial 

sighting, heading (if consistent), bearing 

and distance from seismic vessel, 

sighting cue, apparent reaction to the 

airguns or vessel (e.g., none, avoidance, 

approach, paralleling, etc., and 

including responses to ramp-up), and 

behavioral pace; and 

(ii) Time, location, heading, speed, 

activity of the vessel (including number 

of airguns operations and whether in 

state of ramp-up or power-down), sea 

state, visibility, cloud cover, and sun 

glare. 

These requirements should provide 

information regarding the effectiveness 

of ramp-up as a mitigation measure, 

provided animals are detected during 

ramp-up. 

Comment 3: The Commission 

recommends that the monitoring period 

prior to the initiation of seismic 

activities and to the resumption of 

airgun activities after a power-down be 

extended to one hour. 

Response: As the Commission points 

out, several species of deep-diving 

cetaceans are capable of remaining 

underwater for more than 30 minutes. 

However, for the following reasons, 

NMFS believes that 30 minutes is an 

adequate length for the monitoring 

period prior to the start-up of airguns: 

(1) because the Langseth is required to 

ramp-up, the time monitoring prior to 

start-up of any but the smallest array is 

effectively longer than 30 minutes (i.e., 

ramp-up will begin with the smallest 

gun in the array and airguns will be 

added in a sequence such that the 

source level of the array will increase in 

steps not exceeding approximately 6 dB 

per 5–min period over a total duration 

of 20–40 min); (2) in many cases MMOs 

are making observations during times 

when sonar is not being operated and 

will actually be observing the area prior 

to the 30–min observation period 

anyway; (3) many of the species that 

may be exposed do not stay underwater 

more than 30 min; and (4) all else being 

equal and if a deep diving individual 

happened to be in the area in the short 

time immediately prior to the pre-startup monitoring, if an animal’s maximum 

underwater time is 45 minutes, there is 

only a 1 in 3 chance that its last random 

surfacing would be prior to the 

beginning of the required 30 minmonitoring period. 

Comment 4: A member of the public 

opposes the issuance of permits to allow 

killing of marine mammals. 

Response: NMFS does not believe that 

the authorized activities will result in 

the death of any marine mammals, nor 

does this IHA authorize any marine 

mammal mortality. 

Comment 5: CRE states that there is 

no accompanying Environmental Impact 

Statement (EIS) for the GOA IHA, 

instead, there is only an EA. CRE asks 

NMFS if there is any continuing plan to 

prepare an EIS for the Langseth. 

Response: A Draft Programmatic EIS 

(Draft PEIS) is being prepared by NSF 

(not NMFS) for future seismic surveys 

on the Langseth. However, NMFS is a 

cooperating agency under NEPA in its 

preparation. It is NMFS’ intention that 

the Draft PEIS currently being 

developed will be used to support, in 

whole, or in part, future MMPA actions 

relating to academic research on seismic 

surveys. 

Comment 6: CRE asks NMFS if there 

is any continuing plan to use the 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 52953 

Acoustic Integration Model (AIM) for 

the Langseth. 

Response: The use of AIM remains 

proposed for NSF’s Draft PEIS to 

address potential impacts related to 

marine seismic research. Preparation of 

that EIS continues, and public 

comments will be solicited when the 

Draft PEIS is published. AIM was 

developed by and is proprietary to 

Marine Acoustics, Inc. The commentor 

correctly notes that this particular IHA 

application does not use AIM. This 

application was prepared for NSF, LDEO, and NMFS by LGL, Ltd., 

Environmental Research Associates 

(LGL). In the application for the 

proposed seismic operations, LGL notes 

that it is using the line transect method 

to estimate marine mammal exposures 

and determine exclusion zones, 

consistent with applications for recent 

previous NSF-funded research seismic 

cruises. 

Comment 7: CRE requests that be any 

opportunity for public comment on AIM 

before NMFS issues AIM for the 

Langseth or for any other purpose. 

Response: The NSF Draft PEIS will 

make the use of AIM available for public 

comment. AIM itself will not be 

available for public comment as it is 

proprietary. 

Comment 8: CRE states that the GOA 

IHA application and the accompanying 

EA rely on both visual observers and 

PAM to monitor compliance with 

seismic safety radii requirements. 

Neither the IHA application nor the EA 

contain a record demonstrating that 

PAM is accurate and reliable for this 

purpose. CRE asks NMFS whether there 

is a record demonstrating PAM is 

sufficiently accurate and reliable to 

monitor compliance with seismic safety 

radii requirements and whether there is 

an opportunity for public comment on 

that subject. 

Response: It is unclear what the 

commentor means by the phrase 

‘‘monitor compliance with seismic 

safety radii requirements.’’ NMFS 

believes that visual observers and PAM 

are effective tools for monitoring marine 

mammals in the affected area during the 

seismic survey. PAM is required for 

monitoring on the Langseth (when 

practicable), but not for the 

implementation of mitigation measures. 

PAM is used by MMOs and the 

bioacoustician aboard the Langseth for 

the detection of vocalizing marine 

mammals. Any confirmed marine 

mammal vocalization detections using 

PAM are communicated to the visual 

observer(s) on watch to help alert the 

visual observers to the presence of 

vocalizing marine mammals in the 

survey area (not necessarily the safety 

radii). The use of PAM is therefore used 

in aid of the visual observers, who 

monitor the safety radii for presence of 

marine mammals. The detection of 

marine mammals in the vicinity of the 

array in turn triggers mitigation 

requirements. 

Description of Marine Mammals in the 

Activity Area 

A total of 18 cetacean species, 3 

species of pinnipeds, and the northern 

sea otter are known to or may occur in 

the GOA study area. Several of the 

species that may occur in the project 

area are listed as Endangered under the 

U.S. Endangered Species Act (ESA), 

including the sperm, humpback, North 

Pacific right whale, fin, and blue whale 

and the western stock of Steller sea 

lions. The eastern stock of Steller sea 

lions are listed at Threatened. Neither 

the southcentral and southeast Alaska 

population stocks of northern sea otters 

(Enhydra lutris kenyoni) are listed as 

Threatened or Endangered under the 

ESA nor depleted under the MMPA. 

The northern sea otter is under the 

jurisdiction of the U.S. Fish and 

Wildlife Service (USFWS) and therefore 

is not considered further in this 

analysis. There is little information on 

the distribution of marine mammals 

inhabiting the waters offshore of SE 

Alaska or the eastern GOA, although a 

few reports are available (e.g., Buckland 

et al., 1993; Hobbs and Lerczak, 1993; 

Straley et al., 1995; Calambokidis et al., 

1997; MacLean and Koski, 2005; Angliss 

and Outlaw, 2007). 

Table 2 outlines the species, their 

habitat and abundance in the project 

area, and the estimated exposure levels. 

Additional information regarding the 

status and distribution of the marine 

mammals in the area and how the 

densities were calculated was included 

in the notice of the proposed IHA (73 FR 

45407, August 5, 2008) and may be 

found in L-DEO’s application. 

Species Habitat Estimated Population Avg. Density Max. Density 

Number of Indiv. 

Exposed to ≥160 

dB 

Percent of Estimated Population 

Exposed to ≥160 

dB 

Odontocetes 

Sperm whale (Physeter 

macrocephalus) 

Pelagic 24,000 5 (Regional) 0.00 1

0.31 2

4.04 3

0.00 1

0.58 2

6.06 3

49 0.2 

Cuvier’s beaked whale 

(Ziphius cavirostris) 

Pelagic 20,000 6 (Regional) 0.00 1

2.76 2

0.00 3

0.00 1

3.70 2

0.00 3

35 0.2 

Baird’s beaked whale 

(Berardius bairdii) 

Pelagic 6,000 7 (Regional) 0.00 1

0.66 2

0.00 3

0.00 1

0.88 2

0.00 3

8 0.1 

Stejneger’s beaked 

whale (Mesoplodon 

stejnegeri) 

Likely Pelagic N.A. 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 0

N.A. 0 

Beluga whale 

(Delphinapterus 

leucas) 

Coastal & Ice 

Edges 

366 8 (Alaska) 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 3

0 N.A. 


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Species Habitat Estimated Population Avg. Density Max. Density 

Number of Indiv. 

Exposed to ≥160 

dB 

Percent of Estimated Population 

Exposed to ≥160 

dB 

Pacific white-sided dolphin (Lagenorhynchus 

obliquidens) 

Pelagic, 

Shelf, Coastal 

26,880 9 (Alaska, 

Stock) 

2.48 1

3.36 2

0.00 3

5.41 1

13.83 2

0.00 3

56 0.2 

Killer whale (Orcinus 

orca) 

Pelagic, 

Shelf, Coastal 

1,975 12 (Alaska) 12.87 1

4.03 2

0.00 3

34.14 1

8.81 2

0.00 3

116 5.9 

Harbor Porpoise 

(Phocoena phocoena) 

Coastal 41,854 15 (Alaska, 

Stock) 

23.26 1

17.85 2

0.00 3

47.27 1

24.21 2

0.00 3

346 0.8 

Dall’s Porpoise 

(Phocoenoides dalli) 

Pelagic & 

Shelf 

83,400 17 (Alaska, 

Stock) 

146.86 1

662.63 2

141.00 3

221.90 1

877.32 2

211.50 3

5,379 0.7 

Mysticetes 

Humpback whale 

(Megaptera 

novaeangliae) 

Coastal & 

Banks 

>6,000 22 (Regional) 32.82 1

11.89 2

15.60 3

54.58 1

24.37 2

15.60 3

246 4.1 

Minke whale 

(Balaenoptera 

acutorostrata) 

Coastal & 

Shelf 

9,000 23 (Regional) 1.20 1

0.24 2

0.00 3

4.87 1

1.23 2

0.00 3

9 0.1 

Gray whale (Eschrichtius 

robustus) 

Coastal 18,813 20 (Regional, Stock) 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 3

0 0 

Fin whale (Balaenoptera 

physalus) 

Pelagic 13,620-18,680 22

(Regional) 

7.31 1

11.08 2

19.40 1

20.25 2

0.00 3

89 0.7 

Blue whale 

(Balaenoptera 

musculus) 

Pelagic, 

Shelf, Coastal 

1,744 11 (Region) 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 3

0 0 

North Pacific right whale 

(Eubalaena japonica) 

Coastal & 

Shelf 

100-200 19 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 3

0 0 

Pinnipeds 

Northern fur seal 

(Callorhinus ursinus) 

Pelagic, 

Breeds 

Coastally 

721,935 25 (Regional, Stock) 0.00 1

0.00 2

0.00 3

0.00 1

0.00 2

0.00 3

0 0 

Steller sea lion 

(Eumetopias jubatus) 

Coastal 47,885 26 (E. Stock) 

44,780 27 (W. 

Stock) 

3.99 1

4.20 2

0.00 3

5.99 1

6.30 2

0.00 3

74 (62 E, 12 W) 0.1 E 

0.02 W 

Harbor seal (Phoca 

vitulina richardsi) 

Coastal 108,670 (Stock) 2.00 1

20.28 2

0.00 3

3.00 1

30.42 2

0.00 3

269 0.2 

Table 2. The habitat, abundance, and conservation status of marine mammals inhabiting the proposed study area in the Gulf of Alaska. Regional abundance estimates are also given, usually for the Northeastern Pacific Ocean or the U.S. West Coast. Note: N.A. = Not available or not 

applicable. 1 Depths <100 m (330ft) (Densities of marine mammals during surveys in Southeast Alaska and the Gulf of Alaska calculated from data in 

Dahlheim and Towell (194), Dahlheim et al. (2000), Waite (2003), MacLean and Koski (2005), and Zerbini et al. (2006, 2007)). 2 Depths 100-1,000 m (330-3,300 ft) 

3 Depths >1,000 m (3,300 ft) 

4 Western GOA and eastern Aleutians (Zerbini et al., 2004). 5 Eastern temperate North pacific (Whitehead, 2002). 

6 Eastern Tropical Pacific (Wade and Gerrodette, 1993). 7 Western North Pacific (Reeves and Leatherwood, 1994; Kasuya, 2002). 8 Cook Inlet stock (Rugh et al., 2005a). 9 GOA (Angliss and Outlaw, 2007). 10 North Pacific Ocean (Buckland et al., 1993). 11 California/Oregon/Washington (Carretta et al. 2007). 12 Minimum abundance in Alaskan waters, includes 1,339 resident and 636 transient (Angliss and Outlaw, 2007). 13 Eastern Tropical Pacific (Ford, 2002). 


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14 SE Alaska stock (Angliss and Outlaw, 2007). 15 GOA stock (Angliss and Outlaw 2007). 16 Western North Pacific Ocean (totals from Carretta et al., 2007 and Angliss and Outlaw, 2007). 17 Alaska stock (Angliss and Outlaw, 2007). 18 North Pacific Ocean and Bering Sea (Houk and Jefferson, 1999). 19 Eastern North Pacific (Wada, 1973). 20 Mean of 2000-2001 and 2001-2002 abundance estimates for eastern North Pacific (Angliss and Outlaw, 2007). 21 Western GOA and eastern Aleutians (Zerbini et al., 2006). 22 North Pacific Ocean (Carretta et al., 2007). 23 North Pacific Ocean (Wada, 1976). 24 Central waters of western Alaska and eastern and central Aleutian Islands (Angliss and Outlaw, 2007). 25 Abundance for Eastern Pacific Stock (Angliss and Outlaw, 2007). 26 Eastern U.S. Stock (Angliss and Outlaw, 2007). 27 Western U.S. Stock (Angliss and Outlaw, 2007). 28 Alaska statewide (Angliss and Outlaw, 2007). 29 Abundance estimate for SE Alaska stock (USFWS 2002 in Angliss and Outlaw, 2007). 30 Abundance estimate Southcentral Alaska (USFWS 2002 in Angliss and Outlaw, 2007). 31 SW Alaska stock (USFWS 2002 in Angliss and Outlaw, 2007). 

Potential Effects on Marine Mammals 

The effects of sounds from airguns 

might include one or more of the 

following: tolerance, masking of natural 

sounds, behavioral disturbances, and at 

least in theory, temporary or permanent 

hearing impairment, or non-auditory 

physical or physiological effects 

(Richardson et al., 1995; Gordon et al., 

2004; Nowacek et al., 2007; Southall et 

al., 2007). Permanent hearing 

impairment, in the unlikely event that it 

occurred, would constitute injury, but 

temporary threshold shift (TTS) is not 

an injury (Southall et al., 2007). With 

the possible exception of some cases of 

TTS in harbor seals, it is unlikely that 

the project would result in any cases of 

temporary impairment, or any 

significant non-auditory physical or 

physiological effects. Some behavioral 

disturbance is expected, but this would 

be localized and short-term. Also, 

behavioral disturbance is expected to be 

limited to relatively short distances. 

The notice of the proposed IHA (73 

FR 45407, August 5, 2008) included a 

discussion of the effects of sounds from 

airguns on mysticetes, odontocetes, and 

pinnipeds, including tolerance, 

masking, behavioral disturbance, 

hearing impairment, and other nonauditory physical effects. Additional 

information on the behavioral reactions 

(or lack thereof) by all types of marine 

mammals to seismic vessels can be 

found in Appendix B of L-DEO’s 

application. 

The notice of the proposed IHA also 

included a discussion of the potential 

effects of the multibeam echosounder 

(MBES) and the sub-bottom profiler 

(SBP). Because of the shape of the 

beams of these sources and their power, 

NMFS believes it unlikely that marine 

mammals will be exposed to either the 

MBES or the SBP at levels at or above 

those likely to cause harassment. 

Further, NMFS believes that the brief 

exposure of cetaceans or pinnipeds to 

few signals from the multi-beam 

bathymetric sonar system is not likely to 

result in the harassment of marine 

mammals. 

Estimated Take by Incidental 

Harassment 

The notice of the proposed IHA (73 

FR 45407, August 5, 2008) included an 

in-depth discussion of the methods used 

to calculate the densities of the marine 

mammals in the area of the seismic 

survey and the take estimates. 

Additional information was included in 

L-DEO’s application. A summary is 

included here. 

All anticipated ‘‘takes by harassment’’ 

authorized by this IHA are Level B 

harassment only, involving temporary 

changes in behavior. The mitigation 

measures are expected to minimize the 

possibility of injurious takes. Take 

calculations were based on maximum 

exposure estimates (based on maximum 

density estimates) vs. best estimates and 

are based on the 160–dB isopleth of a 

larger array of airguns. Given these 

considerations, the predicted number of 

marine mammals that might be exposed 

to sounds 160 dB may be somewhat 

overestimated. 

There are few systematic data on the 

numbers and distributions of marine 

mammals in SE Alaska and the GOA. 

Zerbini et al. (2003, 2006, 2007) 

conducted vessel-based surveys in the 

northern and western GOA from the 

Kenai Peninsula to the central Aleutian 

Islands during July-August 2001–2003. 

Killer whales were the principal target 

of the surveys, but the abundance and 

distribution of fin, humpback, and 

minke whales were also reported. Waite 

(2003) conducted vessel-based surveys 

in the northern and western GOA from 

Prince William Sound (PWS) to 

approximately 160° W off Alaska 

Peninsula during 26 June- 15 July 2003; 

cetaceans recorded included small 

odontocetes, beaked whales, and 

mysticetes. The eastern part of Zerbini 

et al. surveys and Waite’s survey were 

confined to water <1,000 m deep, and 

most effort was in depths <100 m. 

Dahlheim et al. (2000) conducted aerial 

surveys of the nearshore waters from 

Bristol Bay to Dixon Entrance for harbor 

porpoises; SE Alaska was surveyed 

during 1–26 June 1993. Dahlheim and 

Towell (1994) conducted vessel-based 

surveys of Pacific white-sided dolphins 

in the inland waterways of SE Alaska 

during April-May, June or July, and 

September- early October of 1991–1993. 

In a report on a seismic cruise in SE 

Alaska from Dixon Entrance to Kodiak 

Island during August-September 2004, 

MacLean and Koski (2005) included 

density estimates of cetaceans and 

pinnipeds for each of three depth ranges 

(<100 m, 100–1,000 m, and >1,000 m) 

during non-seismic periods. 

Most surveys for pinnipeds in 

Alaskan waters have estimated the 

number of animals at haul-out sites, not 

in the water (e.g., Loughlin, 1994; Sease 

et al., 2001; Withrow and Cesarone, 

2002; Sease and York, 2003). To our 

knowledge, the estimates of MacLean 

and Koski (2005) are the only in-water 

estimates of pinnipeds in the proposed 

survey area. 

The L-DEO survey will occur from 

September- October, 2008 in the Gulf of 

Alaska, , a location and time of year in 

which the species densities are likely 

similar or slightly different from those 

during the above-mentioned surveys in 

the Gulf of Alaska, but these surveys are 

the best available data at this time. 

Eight species of odontocete whales, 

five species of mysticete whale, and 

three species of pinnipeds are expected 

to be harassed during the seismic 

survey. Risso’s dolphins and shortfinned pilot whales are unlikely to 

occur in the study area and any 

sightings would be considered 

extralimital to their range. No take was 

authorized for either of these species. 

Stejneger’s beaked whales, beluga 

whales, gray whales, and northern fur 

seals occur in the Gulf of Alaska, but 

generally occur in the study area in low 

numbers or at different times of the 

year. Although not expected in the area, 


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small numbers of take of Stejneger’s 

beaked whales, gray whales, blue 

whales, and northern fur seals were 

authorized due to a lack of marine 

mammal survey data and uncertainty in 

the study area. No take of North Pacific 

right or beluga whales is expected or 

authorized due to their rare occurrence 

in the area and the special mitigation for 

these species of concern. Where stock 

size wasn’t available, NMFS used the 

estimated abundance in Alaska or the 

region to determine the percentage of 

the population exposed to sound levels 

greater than or equal to 160 dB. Since 

the take estimates authorized in this 

IHA are no more than 5.9 percent of any 

affected cetacean species and no more 

than 0.2 percent of any affected 

pinnipeds species found along or 

offshore of the Alaskan coast, NMFS 

believes that the estimated take numbers 

for these species and stocks are small 

relative to the relevant population of 

these affected species or stocks. 

Table 3 (see below) outlines the 

species, estimated stock population 

(minimum and best), and estimated 

percentage of the stock exposed to 

seismic impulses in the project area. 

Additional information regarding the 

status, abundance, and distribution of 

the marine mammals in the area and 

how the densities were calculated was 

included in Table 2 (see above), the 

notice of the proposed IHA (73 FR 

45407, August 5, 2008) and may be 

found in L-DEO’s application 

Potential Effects on Habitat 

A detailed discussion of the potential 

effects of this action on marine mammal 

habitat, including physiological and 

behavioral effects on marine fish and 

invertebrates, was included in the 

notice of the proposed IHA (73 FR 

45407, August 5, 2008). Based on the 

discussion in the proposed IHA notice 

and the nature of the activities (limited 

duration), the authorized operations are 

not expected to have any habitat-related 

effects that could cause significant or 

long-term consequences for individual 

marine mammals or their populations or 

stocks. Similarly, any effects to food 

sources are expected to be negligible. 

Subsistence Activities 

The proposed project could 

potentially impact the availability of 

marine mammals for subsistence harvest 

in a very small area immediately around 

the Langseth, and for a very short time 

period during seismic activities. 

Considering the limited time and 

locations for the planned seismic 

surveys, most of which are well 

offshore, the proposed project is not 

expected to have any significant impacts 

to the availability of beluga whales, 

Steller sea lions, Pacific harbor seals, 

and sea otters. Also, seismic surveys can 

at times, cause changes in the 

catchability of fish. 

To avoid having an unmitigable 

adverse impact on subsistence uses of 

marine mammals, NMFS is required to 

implement mitigation measures to 

ensure that NSF and L-DEO’s seismic 

activities do not have an unmitigable 

adverse impact on subsistence uses of 

marine mammals in the project area. LDEO will minimize the potential to 

negatively impact the subsistence 

harvest by coordinating with local 

native communities and avoiding areas 

(to the maximum extent practicable) 

where subsistence collectors are hunting 

marine mammals and fishing. 

Additionally, L-DEO will consult with 

each village near the planned project 

area to identify and avoid areas of 

potential conflict. These consultations 

will include all marine subsistence 

activities (mammals and fisheries). 

Implementation of these measures 

ensures that there will not be significant 

social or economic impacts on the 

coastal inhabitants of the GOA and 

Southeast Alaska. NMFS has 

determined (based on the above stated 

reasons) that L-DEO’s activities will not 

have an unmitigable adverse impact on 

the subsistence uses of the species 

hunted by Alaska Natives and a 

requirement to these effects will be 

addressed in the IHA. 

Monitoring and Mitigation 

Mitigation and monitoring measures 

required to be implemented for the 

proposed seismic survey have been 

developed and refined during previous 

L-DEO seismic survey studies and 

associated environmental assessments 

(EAs), IHA applications, and IHAs. The 

mitigation and monitoring measures 

described herein represent a 

combination of the procedures required 

by past IHAs for other similar projects 

and on recommended best practices in 

Richardson et al. (1995), Pierson et al. 

(1998), and Weir and Dolman (2007). 

The measures are described in detail 

below. 

Required mitigation measures 

include: (1) speed or course alteration, 

provided that doing so will not 

compromise operational safety 

requirements; (2) power-down 

procedures; (3) shutdown procedures; 

(4) ramp-up procedures; (5) special 

procedures for situations and species of 

particular concern, e.g., avoidance of 

critical habitat around Steller sea lion 

rookeries and haul-outs (see ‘‘shut-down 

procedures’’ and ‘‘special procedures for 

situations and species of particular 

concern,’’ below). 

Vessel-based Visual Monitoring 

Vessel-based marine mammal visual 

observers (MMVOs) will be based 

aboard the seismic source vessel and 

will watch for marine mammals near the 

vessel during daytime airgun operations 

and during start-ups of airguns at night. 

MMVOs will also watch for marine 

mammals near the seismic vessel for at 

least 30 minutes prior to the start of 

airgun operations and after an extended 

shutdown of the airguns (i.e., 7 

minutes). When feasible, MMVOs will 

also make observations during daytime 

periods when the seismic system is not 

operating for comparison of animal 

abundance and behavior. Based on 

MMVO observations, airguns will be 

powered down, or if necessary, shut 

down completely (see below), when 

marine mammals are detected within or 

about to enter a designated safety radius 

corresponding to 180 dB (for cetaceans) 

and 190 dB (for pinnipeds) isopleths. 

The MMVOs will continue to maintain 

watch to determine when the animal(s) 

are outside the safety radius, and airgun 

operations will not resume until the 

animal has left that zone. The predicted 

distances for the safety radius’ are listed 

according to the sound source, water 

depth, and received isopleth in Table 1. 

During seismic operations in the Gulf 

of Alaska, at least three visual observers 

and one bioacoustician will be based 

aboard the Langseth. MMVOs will be 

appointed by L-DEO with NMFS 

concurrence. At least one MMVO, and 

when practical two, will monitor the 

safety radii for marine mammals during 

daytime operations and nighttime 

startups of the airguns. Use of two 

simultaneous MMVOs will increase the 

proportion of the animals present near 

the source vessel that are detected. 

MMVO(s) will be on duty in shifts of 

duration no longer than 4 hours. The 

vessel crew will also be instructed to 

assist in detecting marine mammals and 

implementing mitigation requirements 

(if practical). Before the start of the 

seismic survey the crew will be given 

additional instruction regarding how to 

do so. 

The Langseth is a suitable platform for 

marine mammal observations. When 

stationed on the observation platform, 

the eye level will be approximately 17.8 

m (58.4 ft) above sea level, and the 

observer will have a good view around 

the entire vessel. During daytime, the 

MMVO(s) will scan the area around the 

vessel systematically with reticle 

binoculars (e.g., 7x50 Fujinon), Big-eye 

binoculars (25x150), and with the naked 

eye. During darkness, NVDs will be 


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available (ITT F500 Series Generation 3 

binocular-image intensifier or 

equivalent). Laser rangefinding 

binoculars (Leica LRF 1200 laser 

rangefinder or equivalent) will be 

available to assist with distance 

estimation. Those are useful in training 

MMVOs to estimate distances visually, 

but are generally not useful in 

measuring distances to animals directly. 

Passive Acoustic Monitoring 

PAM will take place to complement 

the visual monitoring program. Acoustic 

monitoring can be used in addition to 

visual observations to improve 

detection, identification, localization, 

and tracking of cetaceans. It is only 

useful when marine mammals call, but 

it can be effective either by day or by 

night and does not depend on good 

visibility. The acoustic monitoring will 

serve to alert visual observers when 

vocalizing cetaceans are detected. It will 

be monitored in real time so visual 

observers can be advised when 

cetaceans are detected. When bearings 

(primary and mirror-image) to calling 

cetacean(s) are determined, the bearings 

will be relayed to the visual observer to 

help him/her sight the calling animal(s). 

The PAM system consists of hardware 

(i.e., hydrophones) and software. The 

‘‘wet end’’ of the system consists of a 

low-noise, towed hydrophone array that 

is connected to the vessel by a ‘‘hairy’’ 

faired cable. The array will be deployed 

from a winch located on the back deck. 

A deck cable will connect from the 

winch to the main computer lab where 

the acoustic station and signal condition 

and processing system will be located. 

Th lead-in from the hydrophone array is 

approximately 400 m (1,312 ft) long, 

and the active part of the hydrophone is 

approximately 56 m (184 ft) long. The 

hydrophone array is typically towed at 

depths <20 m (65.6 ft). 

The towed hydrophone array will be 

monitored 24 hours per day while at the 

survey area during airgun operations 

and also during most periods when the 

Langseth is underway with the airguns 

not operating. One Marine Mammal 

Observer (MMO) and/or bioacoustician 

will monitor the acoustic detection 

system at any one time, by listening to 

the signals from two channels via 

headphones and/or speakers and 

watching the real time spectrographic 

display for frequency ranges produced 

by cetaceans. MMOs monitoring the 

acoustical data will be on shift for 1–6 

hours. Of the three observers required 

on board, one will have primarily 

responsibility for PAM during the 

seismic survey. However, all MMOs are 

expected to rotate through the PAM 

position, although the most experienced 

with acoustics will be on PAM duty 

more frequently. 

When a vocalization is detected, the 

acoustic MMO will, if visual 

observations are in progress, contact the 

MMVO immediately to alert him/her to 

the presence of the vocalizing marine 

mammal(s) (if they have not already 

been seen), and to allow a power down 

or shutdown to be initiated, if required. 

The information regarding the call will 

be entered into a database. The data to 

be entered includes an acoustic 

encounter identification number, 

whether it was linked with a visual 

sighting, date, time when first and last 

heard and whenever any additional 

information was recorded, position and 

water depth when first detected, bearing 

if determinable, species or species group 

(e.g., unidentified dolphin, sperm 

whale), types and nature of sounds 

heard (e.g., clicks, continuous, sporadic, 

whistles, creaks, burst pulses, strength 

of signal, etc.), and any other notable 

information. The acoustic detection can 

also be recorded for further analysis. 

Speed or Course Alteration – If a 

marine mammal is detected outside the 

safety radius and, based on its position 

and the relative motion, is likely to 

enter the safety radius or exclusion zone 

(EZ), the vessel’s speed and/or direct 

course may be changed. This would be 

done if practicable while minimizing 

the effect on th planned science 

objectives. The activities and 

movements of the marine mammal(s) 

(relative to the seismic vessel) will then 

be closely monitored to determine 

whether the animals is approaching the 

applicable EZ. If the animal appears 

likely to enter the EZ, further mitigative 

actions will be taken, i.e., either further 

course alterations or a power down or 

shut down of the airguns. Typically, 

during seismic operations, major course 

and speed adjustments are often 

impractical when towing long seismic 

streamers and large source arrays, thus 

alternative mitigation measures (see 

below) will need to be implemented. 

Power-down Procedures – A powerdown involves reducing the number of 

operating airguns in use to minimize the 

EZ, so that marine mammals are no 

longer in or about to enter this zone. A 

power-down of the airgun array to a 

reduced number of operating airguns 

may also occur when the vessel is 

moving from one seismic line to 

another. During a power down for 

mitigation, one airgun will be operated. 

The continued operation of at least one 

airgun is intended to alert marine 

mammals to the presence of the seismic 

vessel in the area. In contrast, a shut 

down occurs when all airgun activity is 

suspended. 

If a marine mammal is detected 

outside the EZ but is likely to enter it, 

and if the vessel’s speed and/or course 

cannot be changed to avoid the 

animal(s) entering the EZ, the airguns 

will be powered down to a single airgun 

before the animal is within the EZ. 

Likewise, if a mammal is already within 

the EZ when first detected, the airguns 

will be powered down immediately. 

During a power down of the airgun 

array, the 40–in3 airgun will be 

operated. If a marine mammal is 

detected within or near the smaller EZ 

around that single airgun (see Table 1 

above), all airguns will be shutdown 

(see next subsection). 

Following a power down, airgun 

activity will not resume until the marine 

mammal is outside the EZ for the full 

array. The animal will be considered to 

have cleared the EZ if it: 

(1) Is visually observed to have left 

the EZ; or 

(2) Has not been seen within the EZ 

for 15 minutes in the case of small 

odontocetes and pinnipeds; or 

(3) Has not been seen within the EZ 

for 30 minutes in the case of mysticetes 

and large odontocetes, including sperm, 

pygmy sperm, dwarf sperm, and beaked 

whales; or 

During airgun operations following a 

power-down (or shut down) and 

subsequent animal departure as above, 

the airgun array will resume operations 

following ramp-up procedures 

described below. 

Shutdown Procedures – The operating 

airgun(s) will be shutdown if a marine 

mammal is detected within or 

approaching the EZ for the thenoperating single 40 in3 airgun while the 

airgun array is at full volume or during 

a power down. Airgun activity will not 

resume until the marine mammal has 

cleared the EZ or until the MMVO is 

confident that the animal has left the 

vicinity of the vessel. Criteria for 

judging that the animal has cleared the 

EZ will be as described in the preceding 

subsection. 

Ramp-up Procedures – A ramp-up 

procedure will be followed when the 

airgun array begins operating after more 

than 7 minutes without airgun 

operations or when a power down has 

exceeded 7 minutes. This period is 

based on the modeled 180–dB radius for 

the 36–airgun array (see Table 1) in 

relation to the planned speed of the 

Langseth while shooting. Similar 

periods (approximately 8–10 minutes) 

were used during previous L-DEO 

surveys. 

Ramp-up will begin with the smallest 

airgun in the array (40 in3). Airguns will 

be added in a sequence such that the 

source level of the array will increase in 


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steps not exceeding 6 dB per 5–minute 

period over a total duration of 

approximately 20–25 minutes. During 

ramp-up, the MMVOs will monitor the 

EZ, and if marine mammals are sighted, 

a course/speed change, power down, or 

shutdown will be implemented as 

though the full array were operational. 

If the complete EZ has not been 

visible for at least 30 min prior to the 

start of operations in either daylight or 

nighttime, ramp up will not commence 

unless at least one airgun (40 in3 or 

similar) has been operating during the 

interruption of seismic survey 

operations. Given these provisions, it is 

likely that the airgun array will not be 

ramped up from a complete shut down 

at night or in thick fog, because the 

other part of the EZ for that array will 

not be visible during those conditions. 

If one airgun has operated during a 

power down period, ramp up to full 

power will be permissible at night or in 

poor visibility, on the assumption that 

marine mammals will be alerted to the 

approaching seismic vessel by the 

sounds from the single airgun and have 

the opportunity to move away. Ramp up 

of the airguns will not be initiated if a 

marine mammal is isghted within or 

near the applicable EZ during the day or 

close to the vessel at night. 

Special Procedures for Situations and 

Species of Concern 

Several species of concern could 

occur in the study area. To the 

maximum extent practicable, special 

mitigation procedures will be used for 

those species, as follows: 

(1) Critical habitat around Steller sea 

lion rookeries and haul-outs will be 

avoided; 

(2) The airguns will be shut down if 

a North Pacific right whale is sighted at 

any distance from the vessel; 

(3) The airguns will be shut down if 

a beluga whale is sighted at any distance 

from the vessel in or near Yakutat Bay; 

(4) Concentrations of humpback 

whales, fin whales, and sea otters will 

be avoided; 

(5) The seismic vessel will avoid areas 

where subsistence fishers are hunting 

for marine mammals and/or fishing; and 

(6) Because the sensitivity of beaked 

whales, approach to slopes will be 

minimized, if possible. There are no 

submarine canyons in or near the study 

area, and only a limited amount of 

airgun operations is planned over slope 

during the proposed survey (Figure 1 of 

L-DEO’s application). 

MMVO Data and Documentation 

MMVOs will record data to estimate 

the numbers of marine mammals 

exposed to various received sound 

levels and to document any apparent 

disturbance reactions or lack thereof. 

Data will be used to estimate the 

numbers of mammals potentially 

‘‘taken’’ by harassment. They will also 

provide information needed to order a 

power-down or shutdown of airguns 

when marine mammals are within or 

near the relevant safety radius. When a 

sighting is made, the following 

information about the sighting will be 

recorded: 

(1) Species, group size, age/size/sex 

categories (if determinable), behavior 

when first sighted and after initial 

sighting, heading (if consistent), bearing 

and distance from seismic vessel, 

sighting cue, apparent reaction to the 

airguns or vessel (e.g., none, avoidance, 

approach, paralleling, etc. and including 

responses to ramp-up), and behavioral 

pace. 

(2) Time, location, heading, speed, 

activity of the vessel (including number 

of airguns operating and whether in 

state or ramp-up, power-down, or full 

power), sea state, visibility, cloud cover, 

and sun glare. 

The data listed under (2) will also be 

recorded at the start and end of each 

observation watch and during a watch, 

whenever there is a change in one or 

more of the variables. 

All observations, as well as 

information regarding airgun power 

down and shutdown, will be recorded 

in a standardized format. Data will be 

entered into a custom electronic 

database. The accuracy of data will be 

verified by computerized data validity 

checks as the data are entered and by 

subsequent manual checking of the 

database. Preliminary reports will be 

prepared during the field program and 

summaries forwarded to the operating 

institution’s shore facility and to NSF 

weekly or more frequently. MMVO 

observations will provide the following 

information: 

(1) The basis for decisions about 

powering down or shutting down airgun 

arrays. 

(2) Information needed to estimate the 

number of marine mammals potentially 

‘‘taken by harassment.’’ These data will 

be reported to NMFS per terms of 

MMPA authorizations or regulations. 

(3) Data on the occurrence, 

distribution, and activities of marine 

mammals in the area where the seismic 

study is conducted. 

(4) Data on the behavior and 

movement patterns of marine mammals 

seen at times with and without seismic 

activity. 

Reporting 

A report will be submitted to NMFS 

within 90 days after the end of the 

cruise. The report will describe the 

operations that were conducted and 

sightings of marine mammals near the 

operations. The report will be submitted 

to NMFS, providing full documentation 

of methods, results, and interpretation 

pertaining to all monitoring and 

mitigation. The 90–day report will 

summarize the dates and locations of 

seismic operations (dates, times, 

locations, heading, speed, weather, sea 

state, activities), and all marine mammal 

sightings (dates, times, locations, 

species, behavior, number of animals, 

associated seismic survey activities). 

The report will also include the 

estimates of the amount and nature of 

potential ‘‘take’’ of marine mammals by 

harassment or in other ways, as well as 

a description of the implementation and 

effectiveness of the monitoring and 

mitigation measures of the IHA and 

Biological Opinion’s (BiOp) Incidental 

Take Statement. 

Endangered Species Act (ESA) 

Pursuant to section 7 of the ESA, NSF 

has consulted with the NMFS, Office of 

Protected Resources, Endangered 

Species Division on this seismic survey. 

NMFS has also consulted internally 

pursuant to section 7 of the ESA on the 

issuance of an IHA under section 

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

activity. NMFS has issued a BiOp, 

which concluded that the proposed 

action and issuance of an IHA are not 

likely to jeopardize the continued 

existence of blue, fin, humpback and 

sperm whales, Steller sea lions, and 

leatherback sea turtles; or listed ESUs of 

Pacific salmon and steelhead. The BiOp 

also concluded that the proposed 

activities are not likely to adversely 

modify critical habitat designated for 

Steller sea lions in the action area. 

Relevant Terms and Conditions of the 

Incidental Take Statement in the BiOp 

have been incorporated into the IHA. 

National Environmental Policy Act 

(NEPA) 

NSF prepared an Environmental 

Assessment of a Marine Geophysical 

Survey by the R/V Marcus G. Langseth 

in the Gulf of Alaska, September 2008. 

NMFS has adopted NSF’s EA and issued 

a Finding of No Significant Impact for 

the issuance of the IHA. 

Determinations 

NMFS has determined that the impact 

of conducting the seismic survey in the 

Gulf of Alaska may result, at worst, in 

a temporary modification in behavior 

(Level B Harassment) of small numbers 

of 16 species of cetaceans and 

pinnipeds. Further, this activity is 

expected to result in a negligible impact 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 52959 

on the affected species or stocks. The 

provision requiring that the activity not 

have an unmitigable adverse impact on 

the availability of the affected species or 

stock for subsistence uses is not 

implicated for this proposed action 

provided the mitigation measures 

required under the authorization are 

implemented. 

This negligible impact determination 

is supported by: (1) the likelihood that, 

given sufficient warning through 

relatively slow ship speed, marine 

mammals are expected to move away 

from a noise source that is annoying 

prior to it becoming potentially 

injurious; (2) the fact that marine 

mammals would have to be closer than 

40 m (131 ft) in deep water, 60 m (197 

ft) at intermediate depths, or 296 m (971 

ft) in shallow water when a single 

airgun is in use from the vessel to be 

exposed to levels of sound (180 dB) 

believed to have even a minimal chance 

of causing TTS; (3) the fact that marine 

mammals would have to be closer than 

950 m (0.5 nm) in deep water, 1,425 m 

(0.8 nm) at intermediate depths, and 

3,694 m (2 nm) in shallow water when 

the full array is in use at a 9 m (29.5 ft) 

tow depth from the vessel to be exposed 

to levels of sound (180 dB) believed to 

have even a minimal chance of causing 

TTS; (4) the likelihood that marine 

mammal detection ability by trained 

observers is good at those distances 

from the vessel; (5) the use of PAM, 

which is effective out to tens of km, will 

assist in the detection of vocalizing 

marine mammals at greater distances 

from the vessel; (6) the incorporation of 

other required mitigation measures (i.e., 

ramp-up, power-down, and shutdown); 

and (7) the limited duration of the 

seismic survey in the GOA study area 

(approximately 18 days). As a result, no 

take by injury or death is anticipated, 

and the potential for temporary or 

permanent hearing impairment is very 

low and will be avoided through the 

incorporation of the required 

monitoring and mitigation measures. 

While the number of potential 

incidental harassment takes will depend 

on the distribution and abundance of 

marine mammals in the vicinity of the 

survey activity, the number of potential 

harassment takings is estimated to be 

small, relative to the affected species 

and stock sizes, and has been mitigated 

to the lowest level practicable through 

incorporation of the measures 

mentioned previously in this document. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to L-DEO for 

conducting a marine geophysical survey 

in the Gulf of Alaska in September, 

2008, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: September 8, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–21346 Filed 9–11–08; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0052, Establishing 

Procedures for Designated Contract 

Markets and Applicants Seeking 

Designation, Comment Request 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of an existing 

collection notice. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is announcing an opportunity for 

public comment on the proposed 

collection of certain information by the 

agency. Under the Paperwork Reduction 

Act of 1995 (PRA), 44 U.S.C. 3501 

et seq., Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

requirements relating to Part 38 of the 

Commission’s regulations (17 CFR 38) 

establishing submission and compliance 

procedures for designated contract 

markets and applicant exchanges 

seeking designation with the CFTC. 

DATES: Comments must be submitted on 

or before November 12, 2008. 

ADDRESSES: Comments may be mailed to 

Bruce Fekrat, Special Counsel, Division 

of Market Oversight, U.S. Commodity 

Futures Trading Commission, 1155 21st 

Street, NW., Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Fekrat, (202) 418–5578; Fax: (202) 

418–5527; e-mail: bfekrat@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) and includes agency requests 

or requirements that members of the 

public submit reports, keep records, or 

provide information to a third party. 

Section 3506(c)(2)(A) of the PRA, 44 

U.S.C. 3506(c)(2)(A), requires Federal 

agencies to provide a 60-day notice in 

the Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the CFTC is publishing 

notice of the intent to renew the 

collection of information listed below. 

With respect to the following 

collection of information, the CFTC 

invites comments on: 

• Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have a practical use; 

• The accuracy of the Commission’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to minimize the burden of 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses. 

Collection 3038–0052, Establishing 

Procedures for Designated Contract 

Markets and Applicants Seeking 

Designation—Extension 

Part 38 of the Commission’s 

regulations governs the activities of 

designated contract markets. The 

information collected thereunder is 

necessary for the Commission to 

evaluate whether entities operating as, 

or applying to become, designated 

contract markets are in compliance with 

the designation criteria of section 5(b) of 

the Commodity Exchange Act (CEA), 7 

U.S.C. 7(b), and the core principles of 

section 5(d) of the CEA, 7 U.S.C. 7(d), 

and the Commission’s regulations 

adopted thereunder. 

The Commission estimates the burden 

of this collection of information as 

follows: 


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