Notice2023-25716
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Geophysical Survey in the Ross Sea, Antarctica
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to the United States National Science Foundation (NSF) to incidentally harass marine mammals incidental to a geophysical survey in the Ross Sea, Antarctica.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 223 (Tuesday, November 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81058-81061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25716]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD506]
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; issuance of renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to the United States National Science Foundation (NSF) to
incidentally harass marine mammals incidental to a geophysical survey
in the Ross Sea, Antarctica.
DATES: This renewal IHA is valid from December 15, 2023 through
December 14, 2024.
ADDRESSES: 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/action/incidental-take-authorization-national-science-foundation-office-polar-programs-geophysical">https://www.fisheries.noaa.gov/action/incidental-take-authorization-national-science-foundation-office-polar-programs-geophysical</a>. In case of problems accessing these
documents, please call the contact listed below (see FOR FURTHER
INFORMATION CONTACT).
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 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:
[[Page 81059]]
<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).
<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>.
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 (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-national-science-foundation-office-polar-programs-geophysical">https://www.fisheries.noaa.gov/action/incidental-take-authorization-national-science-foundation-office-polar-programs-geophysical</a>), 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. The notice of the proposed renewal IHA was
published on October 18, 2023 (88 FR 71840).
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, Research
Vessel Ice Breaker (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 Drygalski 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 likely or possible impacts of the NSF's 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
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 authorized 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 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 authorized 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
[[Page 81060]]
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 authorized 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 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
----------------------------------------------------------------------------------------------------------------
Level B take
-------------------------------- Total take Population Percent of
Species Drygalski proposed abundance population
Survey Icebreaking
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring, and Reporting Measures
The 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 1 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 exclusion zone 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 in\3\ 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
[[Page 81061]]
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 exclusion zone, 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
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
A notice of NMFS' proposal to issue a renewal IHA to NSF was
published in the Federal Register on October 18, 2023 (88 FR 71840).
That notice either described, or referenced descriptions of, NSF's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
NSF's 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 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.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our action (i.e., the issuance of an IHA 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 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 determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
The NMFS Office of Protected Resources (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.
Renewal
NMFS has issued a renewal IHA to NSF for the take of marine mammals
incidental to conducting a geophysical survey in the Ross Sea,
Antarctica, from December 15, 2023 through December 14, 2024.
Dated: November 16, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-25716 Filed 11-20-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on November 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.