Notice2023-22913
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Geophysical Survey in the Ross Sea, Antarctica
Primary source
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Published
October 18, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the United States National Science Foundation (NSF) for the renewal of their currently active incidental harassment authorization (IHA) (hereinafter, the "initial IHA") to take marine mammals incidental to a geophysical survey in the Ross Sea, Antarctica because NSF's activities will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71840-71844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22913]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD429]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to a Geophysical Survey in the Ross
Sea, Antarctica
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the United States National
Science Foundation (NSF) for the renewal of their currently active
incidental harassment authorization (IHA) (hereinafter, the ``initial
IHA'') to take marine mammals incidental to a geophysical survey in the
Ross Sea, Antarctica because NSF's activities will not be completed
prior to the IHA's expiration. Pursuant to the Marine Mammal Protection
Act, prior to issuing the currently active IHA, NMFS requested comments
on both the proposed IHA and the potential for renewing the initial
authorization if certain requirements were satisfied. The renewal
requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.
[[Page 71841]]
DATES: Comments and information must be received no later than November
2, 2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources (OPR),
NMFS, and should be submitted via email to <a href="/cdn-cgi/l/email-protection#afe6fbff81c7ceddc3ceccc7caddefc1c0cece81c8c0d9"><span class="__cf_email__" data-cfemail="ade4f9fd83c5ccdfc1cccec5c8dfedc3c2cccc83cac2db">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information. Electronic copies of the original application, renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these documents, please call the
contact listed below.
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are promulgated or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal of an IHA following notice to the public providing an
additional 15 days for public comments when (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA);
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized;
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any comments received on the potential renewal, along with
relevant comments on the initial IHA, have been considered in the
development of this proposed IHA renewal, and a summary of agency
responses to applicable comments is included in this notice. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notice of our decision.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA
renewal) with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on
[[Page 71842]]
the quality of the human environment and for which we have not
identified any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS determined that the issuance
of the initial IHA qualified to be categorically excluded from further
NEPA review. NMFS has preliminarily determined that the application of
this categorical exclusion remains appropriate for this renewal IHA.
History of Request
On December 15, 2022, NMFS issued an IHA to NSF to take marine
mammals incidental to conducting a low energy seismic survey and
icebreaking in the Ross Sea (87 FR 77,796, December 20, 2022),
effective from December 15, 2022 through December 14, 2023. On
September 7, 2023, NMFS received an application for the renewal of that
initial IHA. As described in the application for renewal IHA, the
activities for which incidental take authorization is requested consist
of activities that are covered by the initial authorization but will
not be completed prior to its expiration. As required, the applicant
also provided a preliminary monitoring report, which confirms that the
applicant has implemented the required mitigation and monitoring and
which also shows that no impacts of a scale or nature not previously
analyzed or authorized have occurred as a result of the activities
conducted.
Description of the Specified Activities and Anticipated Impacts
NSF initially described their activities as including two main
survey areas (i.e., the Ross Bank and the Drygalski Trough). The
purpose of the survey was to collect low energy 2D seismic reflection
data, along with oceanographic and sediment samples to understand if,
how, when, and why the Ross Ice Shelf unpinned from the Ross Bank in
the recent geologic past.
The initial planned survey involved one source vessel, RVIB Palmer,
using an airgun array cluster consisting of two 105 cubic inches
(in\3\) GI guns, with a total discharge volume of 210 in\3\, deployed
at a depth of approximately 1-4 meters (m) below the surface to conduct
both of the survey segments. During the Ross Bank survey, ~1920
kilometers (km) of seismic data was planned to be collected and during
the Drygalski Trough survey, ~1800 km of seismic acquisition was
planned to occur, for a total of 3720 line km. During the Drygalski
Trough survey portion, 2 deployments of 10 Ocean Bottom Seismometers
(OBS) were planned to occur along 2 different seismic refraction lines.
The seismic surveys would occur within the Ross Sea in water depths
ranging from ~150 to 1100 m. The initial survey was expected to consist
of 31 days at sea, including approximately 19 days of seismic
operations (including 2 days of sea trials and/or contingency), 1 day
of OBS deployment/recovery, and approximately 11 days of transit.
Due to logistical challenges, the initial survey was not
successfully completed. There was a long delay in leaving New Zealand
due to an enforced quarantine after survey members tested positive for
COVID-19 and only a subset of the survey activities in the initial IHA
were completed. Specifically, under the initial IHA, the NSF completed
surveys within the Ross Bank Area but not the Drygalski Trough area.
This renewal request is to cover a subset of the activities covered
in the initial IHA that will not be completed during the effective
period of the initial IHA due to the aforementioned logistical
challenges. The remaining survey activities would include the survey
within the Dygalski Trough area and icebreaking and are expected to
occur during February 2024 (11 days of transit, 9 days of seismic
surveys, and 1 day of OBS deployment and retrieval).
The potential impacts of the NSF's proposed activity on marine
mammals could involve acoustic stressors and are unchanged from the
impacts described in the initial IHA. Acoustic stressors include
effects of the airgun array from the low-energy seismic surveys and
icebreaking. The effects of underwater disturbance from the NSF's
proposed activities have the potential to result in Level B harassment
of marine mammals in the specified geographic region.
Detailed Description of the Activity
A detailed description of the survey activities for which
incidental take is proposed here may be found in the notices of the
proposed and final IHAs for the initial authorization (87 FR 59204,
September 29, 2022; 87 FR 77796, December 20, 2022). As previously
mentioned, this request is for a subset of the activities analyzed for
the initial IHA that would not be completed prior to its expiration due
to logistical challenges. The timing, and nature of the activities,
including the types of equipment planned for use, are identical to
those described in the previous notice for the initial IHA. The
proposed renewal IHA would be effective from December 15, 2023 through
December 14, 2024.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which renewal authorization of take is proposed here, including
information on abundance, status, distribution, and hearing, may be
found in the notice of the proposed IHA for the initial authorization
(87 FR 59204, September 29, 2022). NMFS has reviewed the monitoring
data from the initial IHA, recent Stock Assessment Reports, information
on relevant Unusual Mortality Events, and other scientific literature
and determined there is no new information that affects which species
or stocks have the potential to be affected or the pertinent
information in the Description of the Marine Mammals in the Area of
Specified Activities contained in the supporting documents for the
initial IHA (87 FR 59204, September 29, 2022).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an
authorization of incidental take is proposed here may be found in the
notice of the proposed IHA for the initial authorization (87 FR 59204,
September 29, 2022). NMFS has reviewed the monitoring data from the
initial IHA, recent Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature and
determined that there is no new information that affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization (87 FR 59204,
September 29, 2022; 87 FR 77796, December 20, 2022). Specifically, the
number of survey days, specified geographic region, specified
activities and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, take estimates and type
of take (i.e., Level B harassment) remain unchanged from the previously
issued IHA. The number of takes proposed for authorization in this
renewal IHA are a subset of the initial authorized takes that better
represent the amount of activity NSF has left to complete. These
estimated takes, which reflect the remaining survey days and
icebreaking
[[Page 71843]]
activities, are indicated below in Table 1.
Table 1--Proposed Number of Takes by Level B Harassment by Species and Stock and Percent of Take by Stock
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Level B Take
-------------------------------- Total take Population Percent of
Species Drygalski proposed abundance population
survey Icebreaking
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Humpback whale.................. 159 266 425 42,000 1.0
Fin whale....................... 152 254 405 38,200 1.1
Blue whale...................... 32 54 86 1,700 5.1
Sei whale....................... 23 38 61 10,000 0.6
Antarctic minke whale........... 418 700 1,118 515,000 0.2
Sperm whale..................... 49 82 131 12,069 1.1
Southern bottlenose whale....... 58 98 156 599,300 <0.1
Arnoux's beaked whale........... 66 111 178 599,300 <0.1
Strap-toothed beaked whale...... 22 37 59 599,300 <0.1
Killer whale.................... 103 173 276 25,000 1.1
Long-finned pilot whale......... 198 331 529 200,000 0.3
Hourglass dolphin............... 94 157 251 144,300 0.2
Crabeater seal.................. 3,361 5,629 8,990 1,700,000 0.5
Leopard seal.................... 132 221 353 220,000 0.2
Ross seal....................... 82 138 220 250,000 0.1
Weddell seal.................... 527 883 1,410 1,000,000 0.1
Southern elephant seal.......... 1 1 2 750,000 <0.1
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Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the initial IHA and the discussion of the least practicable
adverse impact determination included in Federal Register notice
announcing the issuance of the initial IHA remains applicable and
accurate (87 FR 77796, December 20, 2022). The following mitigation,
monitoring, and reporting measures are proposed for this renewal:
<bullet> Mitigation measures that would be adopted during the
planned survey include, but are not limited to: (1) Vessel speed or
course alteration, provided that doing so would not compromise
operation safety requirements. (2) GI-airgun shut down within shutdown
zones, and (3) ramp-up procedures;
<bullet> During survey operations (e.g., any day on which use of
the acoustic source is planned to occur, and whenever the acoustic
source is in the water, whether activated or not), a minimum of one
protected species observer (PSO) must be on duty and conducting visual
observations at all times during daylight hours (i.e., from 30 minutes
prior to sunrise through 30 minutes following sunset) and 30 minutes
prior to and during ramp-up of the airgun array. Visual monitoring of
the exclusion and buffer zones must begin no less than 30 minutes prior
to ramp-up and must continue until one hour after use of the acoustic
source ceases or until 30 minutes past sunset. Visual PSOs must
coordinate to ensure 360 degree visual coverage around the vessel from
the most appropriate observation posts, and must conduct visual
observations using binoculars and the naked eye while free from
distractions and in a consistent, systematic, and diligent manner;
<bullet> The PSOs would establish a minimum exclusion zone (EZ)
with a 100 m radius with an additional 100 m buffer zone (total of 200
m). The 200 m zone would be based on radial distance from the edge of
the airgun array (rather than being based on the center of the array or
around the vessel itself);
<bullet> An extended 500 m EZ must be established for beaked
whales, large whales with a calf (defined as an animal less than two-
thirds the body size of an adult observed to be in close association
with an adult), and an aggregation of six or more whales during all
survey effort. No buffer zone is required;
<bullet> Ramp-up is the gradual and systematic increase of emitted
sound levels from an airgun array. Ramp-up would begin with one GI
airgun 45 cu in first being activated, followed by the second after 5
minutes. The intent of pre-clearance observation (30 minutes) is to
ensure no marine mammals are observed within the buffer zone prior to
the beginning of ramp-up. During pre-clearance is the only time
observations of marine mammals in the buffer zone would prevent
operations (i.e., the beginning of ramp-up). The intent of ramp-up is
to warn protected species of pending seismic operations and to allow
sufficient time for those animals to leave the immediate vicinity. A
ramp-up procedure, involving a stepwise increase in the number of
airguns are activated and the full volume is achieve, is required at
all times as part of the activation of the acoustic source;
<bullet> The shutdown of an airgun array requires the immediate de-
activation of all individual airgun elements of the array. Any PSO on
duty will have the authority to delay the start of survey operations or
to call for shutdown of the acoustic source if a marine mammal is
detected within the applicable exclusion zone. The operator must also
establish and maintain clear lines of communication directly between
PSOs on duty and crew controlling the acoustic source to ensure that
shutdown commands are conveyed swiftly while allowing PSOs to maintain
watch. When the airgun array is active (i.e., anytime one or more
airguns is active, including during ramp-up) and a marine mammal
appears within or enters the applicable EZ, the acoustic source will be
shut down. When shutdown is called for by a PSO, the acoustic source
will be immediately deactivated and any dispute resolved only following
deactivation;
<bullet> Following a shutdown, airgun activity would not resume
until the marine mammal has cleared the EZ. The animal would be
considered to have cleared the EZ if it is visually observed to have
departed the EZ, or it has not been seen within the EZ for 15 minutes
in the case of small odontocetes and pinnipeds, and 30 minutes for
[[Page 71844]]
mysticetes and all other odontocetes, including sperm and beaked
whales, with no further observation of the marine mammal(s);
<bullet> The NSF must deploy vessel strike avoidance measures;
<bullet> The NSF must submit a draft report detailing all
activities and monitoring results within 90 calendar days of the
completion of the survey or expiration of the IHA, whichever comes
sooner;
<bullet> The NSF must submit a final report within 30 days
following resolution of comments on the draft report from NMFS; and
<bullet> The NSF must report injured or dead marine mammals.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (87
FR 59204, September 29, 2022) and solicited public comments on both our
proposal to issue the initial IHA for geophysical survey in the Ross
Sea and on the potential for a renewal IHA, should certain requirements
be met. During the 30-day public comment period, NMFS received no
substantive comments on either the proposal to issue the initial IHA
for the NSF's survey activities or on the potential for a renewal IHA.
Preliminary Determinations
NSF's proposed activities consist of a subset of activities
analyzed in the initial IHA. In analyzing the effects of the activities
for the initial IHA, NMFS determined that NSF's activities would have a
negligible impact on the affected species or stocks and that authorized
take numbers of each species or stock were small relative to the
relevant stocks (e.g., less than one-third the abundance of all
stocks). The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) NSF's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action; and
(5) appropriate monitoring and reporting requirements are included.
Endangered Species Act
The NMFS OPR Endangered Species Act (ESA) Interagency Cooperation
Division issued a Biological Opinion under section 7 of the ESA (16
U.S.C. 1531 et seq.) on the issuance of an IHA and potential renewal
IHA to NSF under section 101(a)(5)(D) of the MMPA by the NMFS OPR
Permits and Conservation Division. The Biological Opinion concluded
that the action is not likely to jeopardize the continued existence of
ESA-listed blue whales, fin whales, sei whales, and sperm whales.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to NSF for conducting geophysical survey and
icebreaking activities in the Ross Sea in the February 2024, provided
the previously described mitigation, monitoring, and reporting
requirements are incorporated. A draft of the proposed and final
initial IHA can be found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We
request comment on our analyses, the proposed renewal IHA, and any
other aspect of this notice. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
Dated: October 12, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-22913 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-22-P
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