Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Geophysical Surveys in the Northeast Pacific Ocean

Published date10 June 2019
Citation84 FR 26940
Record Number2019-12010
SectionNotices
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 111 (Monday, June 10, 2019)
[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
                [Notices]
                [Pages 26940-26978]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-12010]
                [[Page 26939]]
                Vol. 84
                Monday,
                No. 111
                June 10, 2019
                Part IIDepartment of Commerce-----------------------------------------------------------------------National Oceanic and Atmospheric Administration-----------------------------------------------------------------------Takes of Marine Mammals Incidental to Specified Activities; Taking
                Marine Mammals Incidental to Marine Geophysical Surveys in the
                Northeast Pacific Ocean; Notice
                Federal Register / Vol. 84 , No. 111 / Monday, June 10, 2019 /
                Notices
                [[Page 26940]]
                -----------------------------------------------------------------------
                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                RIN 0648-XG948
                Takes of Marine Mammals Incidental to Specified Activities;
                Taking Marine Mammals Incidental to Marine Geophysical Surveys in the
                Northeast Pacific Ocean
                AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
                Atmospheric Administration (NOAA), Commerce.
                ACTION: Notice; proposed incidental harassment authorization; request
                for comments on proposed authorization and possible renewal.
                -----------------------------------------------------------------------
                SUMMARY: NMFS has received a request from the Lamont-Doherty Earth
                Observatory of Columbia University (L-DEO) for authorization to take
                marine mammals incidental to a marine geophysical survey in the
                northeast Pacific Ocean. Pursuant to the Marine Mammal Protection Act
                (MMPA), NMFS is requesting comments on its proposal to issue an
                incidental harassment authorization (IHA) to incidentally take marine
                mammals during the specified activities. NMFS is also requesting
                comments on a possible one-year renewal that could be issued under
                certain circumstances and if all requirements are met, as described in
                Request for Public Comments at the end of this notice. NMFS will
                consider public comments prior to making any final decision on the
                issuance of the requested MMPA authorizations and agency responses will
                be summarized in the final notice of our decision.
                DATES: Comments and information must be received no later than July 10,
                2019.
                ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
                Permits and Conservation Division, Office of Protected Resources,
                National Marine Fisheries Service. Physical comments should be sent to
                1315 East-West Highway, Silver Spring, MD 20910 and electronic comments
                should be sent to [email protected].
                 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 received electronically, including
                all attachments, must not exceed a 25-megabyte file size. Attachments
                to electronic comments will be accepted in Microsoft Word or Excel or
                Adobe PDF file formats only. All comments received are a part of the
                public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act 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.
                FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
                Resources, NMFS, (301) 427-8401. Electronic copies of the application
                and supporting documents, as well as a list of the references cited in
                this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
                documents, please call the contact listed above.
                SUPPLEMENTARY INFORMATION:
                Background
                 The MMPA prohibits the ``take'' of marine mammals, with certain
                exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
                et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
                allow, upon request, the incidental, but not intentional, taking of
                small numbers of marine mammals by U.S. citizens who engage in a
                specified activity (other than commercial fishing) within a 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 incidental take authorization may be provided to the public
                for review.
                 Authorization for incidental takings shall be granted if NMFS finds
                that the taking will have a negligible impact on the species or
                stock(s) and will not have an unmitigable adverse impact on the
                availability of the species or stock(s) for taking for subsistence uses
                (where relevant). Further, NMFS must prescribe the permissible methods
                of taking and other ``means of effecting the least practicable adverse
                impact'' on the affected species or stocks and their habitat, paying
                particular attention to rookeries, mating grounds, and areas of similar
                significance, and on the availability of such species or stocks for
                taking for certain subsistence uses (referred to in shorthand as
                ``mitigation''); and requirements pertaining to the mitigation,
                monitoring and reporting of such takings are set forth.
                 The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
                ``specified geographical region'' limitations indicated above and
                amended the definition of ``harassment'' as it applies to a ``military
                readiness activity.'' The definitions of all applicable MMPA statutory
                terms cited above are included in the relevant sections below.
                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
                incidental harassment authorization) with respect to potential impacts
                on the human environment.
                 Accordingly, NMFS is preparing an Environmental Assessment (EA) to
                consider the environmental impacts associated with the issuance of the
                proposed IHA. NMFS' EA will be made available at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
                 We will review all comments submitted in response to this notice
                prior to concluding our NEPA process or making a final decision on the
                IHA request.
                Summary of Request
                 On December 21, 2018, NMFS received a request from L-DEO for an IHA
                to take marine mammals incidental to a marine geophysical survey of the
                Axial Seamount in the Northeast Pacific Ocean. The application was
                deemed adequate and complete on May 3, 2019. L-DEO's request is for
                take of a small number of 26 species of marine mammals by Level B
                harassment and Level A harassment. Neither L-DEO nor NMFS expects
                serious injury or mortality to result from this activity and,
                therefore, an IHA is appropriate.
                Description of Proposed Activity
                Overview
                 Researchers from the University of Texas at Austin, University of
                Nevada Reno, University of California San Diego, with funding from the
                U.S. National Science Foundation (NSF), propose to conduct high-energy
                seismic surveys from Research Vessel (R/V) Marcus G. Langseth
                (Langseth) in the Northeast Pacific Ocean during summer 2019. The NSF-
                owned Langseth is operated by Columbia University's L-DEO under an
                existing Cooperative Agreement. The proposed two-dimensional (2-D) and
                three-dimensional (3-D) seismic surveys would occur in International
                Waters outside of the U.S. Exclusive Economic
                [[Page 26941]]
                Zone (EEZ). The 2-D survey would use a 36-airgun towed array with a
                total discharge volume of ~6,600 cubic inches (in\3\); the 3-D survey
                would employ an 18-airgun array with a discharge volume of ~3,300
                in\3\.
                 The primary objectives of the surveys proposed by researchers from
                the University of Texas at Austin Institute for Geophysics (UTIG), the
                Nevada Seismological Laboratory at the University of Nevada Reno (UNR)
                and Scripps Institution of Oceanography (SIO) at the University of
                California San Diego, is to create a detailed 3-D image of the main and
                satellite magma reservoirs that set the Axial volcano's framework,
                image the 3-D fracture network and how they influence the magma bodies,
                and to connect the subsurface observations to the surface features. The
                main goal of the seismic program is to explore linkages between complex
                magma chamber structure, caldera dynamics, fluid pathways, and
                hydrothermal venting. Seismic data acquired during the proposed study
                could be used to evaluate earthquake, tsunami, and submarine landslide
                hazards.
                Dates and Duration
                 The proposed surveys would be expected to last for 33 days,
                including approximately 19 days of seismic operations (approximately 16
                days for the 3-D survey and three days for the 2-D survey), seven days
                of equipment deployment/retrieval, three days of operational
                contingency time (e.g., infill, weather delays, etc.), two days for
                turns (no airguns firing) during the 3-D survey, and roughly two days
                of transit. R/V Langseth would leave out of and return to port in
                Astoria, OR, during summer (July/August) 2019.
                Specific Geographic Region
                 The proposed surveys would occur within ~45.5-46.5[deg] N, ~129.5-
                130.5[deg] W. Representative survey tracklines are shown in Figure 1.
                Some deviation in actual track lines, including the order of survey
                operations, could be necessary for reasons such as science drivers,
                poor data quality, inclement weather, or mechanical issues with the
                research vessel and/or equipment. Thus, the tracklines could occur
                anywhere within the coordinates noted above. The proposed surveys would
                be conducted in International Waters outside the U.S. EEZ. The surveys
                would occur in water depths ranging from 1,400 to 2,800 meters (m). The
                proposed survey area is approximately 423 kilometers (km) (229 miles
                (mi)) from shore at its closest point.
                [GRAPHIC] [TIFF OMITTED] TN10JN19.000
                [[Page 26942]]
                Detailed Description of Specific Activity
                 The procedures to be used for the proposed surveys would be similar
                to those used during previous seismic surveys by L-DEO and would use
                conventional seismic methodology. The surveys would involve one source
                vessel, R/V Langseth, which is owned by NSF and operated on its behalf
                by L-DEO.
                 R/V Langseth would first deploy four 6-km streamers and 18 airguns
                to conduct the 3-D multichannel seismic survey to examine the Axial
                volcano and associated rift axes within an approximate 17 x 40 km area.
                The 3-D survey would consist of a racetrack formation with 57 40-km
                long lines and a turning diameter of 8.5 km (Figure 1); no airguns
                would be firing during turns. The survey speed would be ~4.5 knots (kn)
                (8.3 km/hour) for the 3-D survey. The airgun array and streamers would
                then be recovered, and one 15-km streamer would be deployed along with
                36 airguns to acquire eight ~26-km-long source-receiver offset 2-D
                reflection profiles that would look at deep-seated structure of magma
                delivery. During the 2-D survey, the airguns would be firing during
                turns to the next line, and the survey speed would be ~4.2 kn (7.8 km/
                hour).
                 The receiving system would consist of hydrophone streamers and up
                to eight ocean bottom seismometers (OBSs). The OBSs are long-term
                broadband instruments that would be left out for ~1 year and recovered
                by another vessel. They have a height and diameter of ~1 m, with an 80
                kg anchor. To retrieve OBSs, an acoustic release transponder (pinger)
                is used to interrogate the instrument at a frequency of 8-11 kHz, and a
                response is received at a frequency of 11.5-13 kHz. The burn-wire
                release assembly is then activated, and the instrument is released to
                float to the surface from the anchor which is not retrieved. Four 6-km
                long hydrophone streamers would be used during 3-D data acquisition and
                one 15-km long streamer would be employed for 2-D data acquisition. As
                the airguns are towed along the survey lines, the hydrophone
                streamer(s) would transfer the data to the on-board processing system,
                and the OBSs would receive and store the returning acoustic signals
                internally for later analysis.
                 A total of ~3,760 km of transect lines would be surveyed in the
                Northeast Pacific Ocean: ~3,196 km during the 3-D survey (including run
                ins and run outs) and 564 km during the 2-D survey. There could be
                additional seismic operations associated with turns, airgun testing,
                and repeat coverage of any areas where initial data quality is sub-
                standard. To account for unanticipated delays, 25 percent has been
                added in the form of operational days, which is equivalent to adding 25
                percent to the proposed line km to be surveyed.
                 In addition to the operations of the airgun array, a multibeam
                echosounder (MBES), a sub-bottom profiler (SBP), and an Acoustic
                Doppler Current Profiler (ADCP) would be operated from R/V Langseth
                continuously during the seismic surveys, but not during transit to and
                from the survey area. All planned geophysical data acquisition
                activities would be conducted by L-DEO with on-board assistance by the
                scientists who have proposed the studies. The vessel would be self-
                contained, and the crew would live aboard the vessel.
                 Proposed mitigation, monitoring, and reporting measures are
                described in detail later in this document (please see Proposed
                Mitigation and Proposed Monitoring and Reporting).
                Description of Marine Mammals in the Area of Specified Activities
                 Sections 3 and 4 of the application summarize available information
                regarding status and trends, distribution and habitat preferences, and
                behavior and life history, of the potentially affected species.
                Additional information regarding population trends and threats may be
                found in NMFS's Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species
                (e.g., physical and behavioral descriptions) may be found on NMFS's
                website (https://www.fisheries.noaa.gov/find-species).
                 Table 1 lists all species with expected potential for occurrence in
                the survey area and summarizes information related to the population or
                stock, including regulatory status under the MMPA and ESA and potential
                biological removal (PBR), where known. For taxonomy, we follow
                Committee on Taxonomy (2016). PBR is defined by the MMPA as the maximum
                number of animals, not including natural mortalities, that may be
                removed from a marine mammal stock while allowing that stock to reach
                or maintain its optimum sustainable population (as described in NMFS's
                SARs). While no mortality is anticipated or authorized here, PBR and
                annual serious injury and mortality from anthropogenic sources are
                included here as gross indicators of the status of the species and
                other threats.
                 Marine mammal abundance estimates presented in this document
                represent the total number of individuals that make up a given stock or
                the total number estimated within a particular study or survey area.
                NMFS's stock abundance estimates for most species represent the total
                estimate of individuals within the geographic area, if known, that
                comprises that stock. For some species, this geographic area may extend
                beyond U.S. waters. All managed stocks in this region are assessed in
                NMFS's U.S. Pacific and Alaska SARs (Caretta et al., 2018; Muto et al.,
                2018). All values presented in Table 1 are the most recent available at
                the time of publication and are available in the 2017 SARs (Caretta et
                al., 2018; Muto et al., 2018) and draft 2018 SARs (available online at:
                https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports).
                 Table 1--Marine Mammals That Could Occur in the Survey Area
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 ESA/ MMPA Stock abundance
                 status; (CV, Nmin, most
                 Common name Scientific name Stock strategic (Y/N) recent abundance PBR Annual M/SI \3\
                 \1\ survey) \2\
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Family Eschrichtiidae:
                 Gray whale................... Eschrichtius Eastern North -/-; N 26,960 (0.05, 801.............. 138
                 robustus. Pacific. 25,849, 2016).
                 Western North E/D; Y 175 (0.05, 167, 0.07............. Unknown
                 Pacific. 2016).
                Family Balaenidae:
                 North Pacific right whale.... Eubalaena japonica.. Eastern North E/D; Y 31 (0.226, 26, 0.05............. 0
                 Pacific. 2015).
                [[Page 26943]]
                
                Family Balaenopteridae
                 (rorquals):
                 Humpback whale............... Megaptera California/Oregon/ -/-; Y 1,918 (0.03, 1,876, 11............... >9.2
                 novaeangliae. Washington. 2014).
                 Minke whale.................. Balaenoptera California/Oregon/ -/-; N 636 (0.72, 369, 3.5.............. >1.3
                 acutorostrata. Washington. 2014).
                 Sei whale.................... Balaenoptera Eastern North E/D; Y 519 (0.4, 374, 0.75............. 0
                 borealis. Pacific. 2014).
                 Fin whale.................... Balaenoptera California/Oregon/ E/D; Y 9,029 (0.12, 8,127, 81............... >2.0
                 physalus. Washington. 2014).
                 Blue whale................... Balaenoptera Eastern North E/D; Y 1,647 (0.07, 1,551, 2.3.............. >0.2
                 musculus. Pacific. 2011).
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Family Physeteridae:
                 Sperm whale.................. Physeter California/Oregon/ E/D; Y 1,967 (0.57, 1,270, 2.5.............. 0.9
                 macrocephalus. Washington. 2014).
                Family Kogiidae:
                 Pygmy sperm whale............ Kogia breviceps..... California/Oregon/ -/-; N 4,111 (1.12, 1,924, 19............... 0
                 Washington. 2014).
                 Dwarf sperm whale............ Kogia sima.......... California/Oregon/ -/-; N Unknown (Unknown, Undetermined..... 0
                 Washington. Unknown, 2014).
                Family Ziphiidae (beaked whales):
                 Cuvier's beaked whale........ Ziphius cavirostris. California/Oregon/ -/-; N 3,274 (0.67, 2,059, 21............... 1.6
                 Washington offshore. 2014).
                 Striped dolphin.............. Stenella California/Oregon/ -/-; N 29,211 (0.2, 238.............. > 0.8
                 coeruleoalba. Washington. 24,782, 2014).
                 Short-beaked common dolphin.. Delphinus delphis... California/Oregon/ -/-; N 969,861 (0.17, 8,393............ >40
                 Washington. 839,325, 2014).
                 Pacific white-sided dolphin.. Lagenorhynchus California/Oregon/ -/-; N 26,814 (0.28, 191.............. 7.5
                 obliquidens. Washington. 21,195, 2014).
                 Northern right whale dolphin. Lissodelphis California/Oregon/ -/-; N 26,556 (0.44, 179.............. 3.8
                 borealis. Washington. 18,608, 2014).
                 Risso's dolphin.............. Grampus griseus..... California/Oregon/ -/-; N 6,336 (0.32, 4,817, 46............... >3.7
                 Washington. 2014).
                 False killer whale........... Pseudorca crassidens Hawaii Pelagic...... -/-; N 1,540 (0.66, 928, 9.3.............. 7.6
                 2010).
                 Killer whale................. Orcinus orca........ Offshore............ -/-; N 240 (0.49, 162, 1.6.............. 0
                 Southern Resident... E/D; Y 2014). 0.14............. 0
                 Northern Resident... -/-; N 83 (N/A, 83, 2016). 1.96............. 0
                 West Coast Transient -/-; N 261 (N/A, 261, 2.4.............. 0
                 2011).
                 243 (N/A, 243,
                 2009).
                 Short-finned pilot whale..... Globicephala California/Oregon/ -/-; N 836 (0.79, 466, 4.5.............. 1.2
                 macrorhynchus. Washington. 2014).
                Family Phocoenidae (porpoises):
                 Harbor porpoise.............. Phocoena phocoena... Northern Oregon/ -/-; N 21,487 (0.44, 151.............. >3.0
                 Washington Coast. 15,123, 2011).
                 Dall's porpoise.............. Phocoenoides dalli.. California/Oregon/ -/-; N 25,750 (0.45, 172.............. 0.3
                 Washington. 17,954, 2014).
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Order Carnivora--Superfamily Pinnipedia
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Family Otariidae (eared seals and
                 sea lions):
                 Northern fur seal............ Callorhinus ursinus. Eastern Pacific..... -/D; Y 620,660 (0.2, 11,295........... 457
                 California.......... -/D; N 525,333, 2016). 451.............. 1.8
                 14,050 (N/A, 7,524,
                 2013).
                 California sea lion.......... Zalophus U.S................. -/-; N 257,606 (N/A, 14,011........... >197
                 californianus. 233,515, 2014).
                 Steller sea lion............. Eumetopias jubatus.. Eastern U.S......... -/-; N 41,638 (see SAR, 2,498............ 108
                 41,638, 2015).
                 Guadalupe fur seal........... Arctocephalus Mexico.............. T/D; Y 20,000 (N/A, 542.............. >3.2
                 townsendi. 15,830, 2010).
                Family Phocidae (earless seals):
                 Harbor seal.................. Phoca vitulina...... Oregon/Washington -/-; N Unknown (Unknown, Undetermined..... 10.6
                 Coastal. Unknown, 1999).
                [[Page 26944]]
                
                 Northern elephant seal....... Mirounga California Breeding. -/-; N 179,000 (N/A, 4,882............ 8.8
                 angustirostris. 81,368, 2010).
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                \1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
                 under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
                 exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
                 under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                \2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
                 stock abundance. In some cases, CV is not applicable.
                \3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
                 commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
                 associated with estimated mortality due to commercial fisheries is presented in some cases.
                Note: Italicized species are not expected to be taken or proposed for authorization.
                 All species that could potentially occur in the proposed survey
                areas are included in Table 1. However, the temporal and/or spatial
                occurrence of gray whales, Southern Resident and Northern Resident
                killer whales, harbor porpoise, harbor seal, California sea lion, and
                Steller sea lion is such that take is not expected to occur, and they
                are not discussed further beyond the explanation provided here. These
                species are found in the eastern North Pacific, but are generally found
                in coastal waters and are not expected to occur offshore in the survey
                area.
                Humpback Whale
                 The humpback whale is found throughout all of the oceans of the
                world (Clapham 2009). The worldwide population of humpbacks is divided
                into northern and southern ocean populations, but genetic analyses
                suggest some gene flow (either past or present) between the North and
                South Pacific (e.g., Baker et al., 1993; Caballero et al., 2001).
                Geographical overlap of these populations has been documented only off
                Central America (Acevedo and Smultea 1995; Rasmussen et al., 2004,
                2007). Although considered to be mainly a coastal species, humpback
                whales often traverse deep pelagic areas while migrating (Clapham and
                Mattila 1990; Norris et al., 1999; Calambokidis et al., 2001).
                 Humpback whales migrate between summer feeding grounds in high
                latitudes and winter calving and breeding grounds in tropical waters
                (Clapham and Mead 1999). North Pacific humpback whales summer in
                feeding grounds along the Pacific Rim and in the Bering and Okhotsk
                seas (Pike and MacAskie 1969; Rice 1978; Winn and Reichley 1985;
                Calambokidis et al., 2000, 2001, 2008). Humpbacks winter in four
                different breeding areas: (1) Along the coast of Mexico; (2) along the
                coast of Central America; (3) around the main Hawaiian Islands; and (4)
                in the western Pacific, particularly around the Ogasawara and Ryukyu
                islands in southern Japan and the northern Philippines (Calambokidis et
                al., 2008; Bettridge et al., 2015). These breeding areas have been
                designated as DPSs, but feeding areas have no DPS status (Bettridge et
                al., 2015; NMFS 2016b). Individuals encountered in the proposed survey
                area most likely would come from the Central America and Mexico
                distinct population segments (DPSs), although some individuals from the
                Hawaii DPS may also feed in these waters. There is a low level of
                interchange of whales among the main wintering areas and among feeding
                areas (e.g., Darling and Cerchio 1993; Salden et al., 1999;
                Calambokidis et al., 2001, 2008).
                 The humpback whale is the most common species of large cetacean
                reported off the coasts of Oregon and Washington from May to November
                (Green et al., 1992; Calambokidis et al., 2000, 2004). The highest
                numbers have been reported off Oregon during May and June and off
                Washington during July-September. However, off Oregon and Washington,
                humpbacks occur primarily over the continental shelf and slope during
                the summer, with few reported in offshore pelagic waters (Green et al.,
                1992; Calambokidis et al., 2004, 2015; Becker et al., 2012; Menza et
                al., 2016). Biologically important areas (BIAs) for feeding humpback
                whales along the coasts of Oregon and Washington, which have been
                designated from May to November, are all within ~80 km offshore
                (Calambokidis et al., 2015).
                Minke Whale
                 The minke whale has a cosmopolitan distribution that spans from
                tropical to polar regions in both hemispheres (Jefferson et al., 2015).
                In the Northern Hemisphere, the minke whale is usually seen in coastal
                areas, but can also be seen in pelagic waters during its northward
                migration in spring and summer and southward migration in autumn
                (Stewart and Leatherwood 1985). In the North Pacific, the summer range
                of the minke whale extends to the Chukchi Sea; in the winter, the
                whales move farther south to within 2[deg] of the Equator (Perrin and
                Brownell 2009).
                 The International Whaling Commission (IWC) recognizes three stocks
                of minke whales in the North Pacific: The Sea of Japan/East China Sea,
                the rest of the western Pacific west of 180[deg] N, and the remainder
                of the Pacific (Donovan 1991). Minke whales are relatively common in
                the Bering and Chukchi seas and in the Gulf of Alaska, but are not
                considered abundant in any other part of the eastern Pacific
                (Brueggeman et al., 1990). In the far north, minke whales are thought
                to be migratory, but they are believed to be year-round residents in
                coastal waters off the U.S. West Coast (Dorsey et al., 1990).
                Sei Whale
                 The distribution of the sei whale is not well known, but it is
                found in all oceans and appears to prefer mid-latitude temperate waters
                (Jefferson et al., 2015). The sei whale is pelagic and generally not
                found in coastal waters (Jefferson et al., 2015). It is found in deeper
                waters characteristic of the continental shelf edge region (Hain et
                al., 1985) and in other regions of steep bathymetric relief such as
                seamounts and canyons (Kenney and Winn 1987; Gregr and Trites 2001). On
                feeding grounds, sei whales associate with oceanic frontal systems
                (Horwood 1987) such as the cold eastern currents in the North Pacific
                (Perry et al., 1999a). Sei whales migrate from temperate zones occupied
                in winter to higher latitudes in the summer, where most feeding takes
                place (Gambell 1985a). During summer in the North Pacific, the sei
                whale can be found from the Bering Sea to the Gulf of Alaska and down
                to southern
                [[Page 26945]]
                California, as well as in the western Pacific from Japan to Korea. Its
                winter distribution is concentrated at ~20[deg] N (Rice 1998).
                Fin Whale
                 The fin whale is widely distributed in all the world's oceans
                (Gambell 1985b), but typically occurs in temperate and polar regions
                from 20-70[deg] north and south of the Equator (Perry et al., 1999b).
                Northern and southern fin whale populations are distinct and are
                sometimes recognized as different subspecies (Aguilar 2009). Fin whales
                occur in coastal, shelf, and oceanic waters. Sergeant (1977) suggested
                that fin whales tend to follow steep slope contours, either because
                they detect them readily or because biological productivity is high
                along steep contours because of tidal mixing and perhaps current
                mixing. Stafford et al., (2009) noted that sea-surface temperature is a
                good predictor variable for fin whale call detections in the North
                Pacific.
                 Fin whales appear to have complex seasonal movements and are
                seasonal migrants; they mate and calve in temperate waters during the
                winter and migrate to feed at northern latitudes during the summer
                (Gambell 1985b). The North Pacific population summers from the Chukchi
                Sea to California and winters from California southwards (Gambell
                1985b). Aggregations of fin whales are found year-round off southern
                and central California (Dohl et al., 1980, 1983; Forney et al., 1995;
                Barlow 1997) and in the summer off Oregon (Green et al., 1992; Edwards
                et al., 2015). Vocalizations from fin whales have also been detected
                year-round off northern California, Oregon, and Washington (Moore et
                al., 1998, 2006; Watkins et al., 2000a, b; Stafford et al., 2007, 2009;
                Edwards et al., 2015).
                Blue Whale
                 The blue whale has a cosmopolitan distribution and tends to be
                pelagic, only coming nearshore to feed and possibly to breed (Jefferson
                et al., 2015). Although it has been suggested that there are at least
                five subpopulations of blue whales in the North Pacific (NMFS 1998),
                analysis of blue whale calls monitored from the U.S. Navy Sound
                Surveillance System (SOSUS) and other offshore hydrophones (see
                Stafford et al., 1999, 2001, 2007; Watkins et al., 2000a; Stafford
                2003) suggests that there are two separate populations: One in the
                eastern and one in the western North Pacific (Sears and Perrin 2009).
                Broad-scale acoustic monitoring indicates that blue whales occurring in
                the northeast Pacific during summer and fall may winter in the eastern
                tropical Pacific (Stafford et al., 1999, 2001).
                 The distribution of the species, at least during times of the year
                when feeding is a major activity, occurs in areas that provide large
                seasonal concentrations of euphausiids (Yochem and Leatherwood 1985).
                The eastern North Pacific stock feeds in California waters from June-
                November (Calambokidis et al., 1990; Mate et al., 1999). There are nine
                BIAs for feeding blue whales off the coast of California (Calambokidis
                et al., 2015), and core areas have also been identified there (Irvine
                et al., 2014). Blue whales have been detected acoustically off Oregon
                (McDonald et al., 1995; Stafford et al., 1998; Von Saunder and Barlow
                1999), but sightings are uncommon (Carretta et al., 2018). Densities
                along the U.S. West Coast, including Oregon, were predicted to be
                highest in shelf waters, with lower densities in deeper offshore areas
                (Becker et al., 2012; Calambokidis et al., 2015). Buchanan et al.,
                (2001) considered blue whales to be rare off Oregon and Washington.
                However, based on the absolute dynamic topography of the region, blue
                whales could occur in relatively high densities off Oregon during July-
                December (Pardo et al., 2015).
                Sperm Whale
                 The sperm whale is the largest of the toothed whales, with an
                extensive worldwide distribution (Rice 1989). Sperm whale distribution
                is linked to social structure: Mixed groups of adult females and
                juvenile animals of both sexes generally occur in tropical and
                subtropical waters, whereas adult males are commonly found alone or in
                same-sex aggregations, often occurring in higher latitudes outside the
                breeding season (Best 1979; Watkins and Moore 1982; Arnbom and
                Whitehead 1989; Whitehead and Waters 1990). Males can migrate north in
                the summer to feed in the Gulf of Alaska, Bering Sea, and waters around
                the Aleutian Islands (Kasuya and Miyashita 1988). Mature male sperm
                whales migrate to warmer waters to breed when they are in their late
                twenties (Best 1979).
                 Sperm whales generally are distributed over large areas that have
                high secondary productivity and steep underwater topography, in waters
                at least 1000 m deep (Jaquet and Whitehead 1996; Whitehead 2009). They
                are often found far from shore, but can be found closer to oceanic
                islands that rise steeply from deep ocean waters (Whitehead 2009).
                Adult males can occur in water depths 1,000 m
                (Heyning 1989). It is mostly known from strandings and strands more
                commonly than any other beaked whale (Heyning 1989). Its inconspicuous
                blows, deep-diving behavior, and tendency to avoid vessels all help to
                explain the infrequent sightings (Barlow and Gisiner 2006). The
                population in the California Current Large Marine Ecosystem seems to be
                declining (Moore and Barlow 2013).
                 MacLeod et al., (2006) reported numerous sightings and strandings
                along the Pacific coast of the U.S. Cuvier's beaked whale is the most
                common beaked whale off the U.S. West Coast (Barlow 2010), and it is
                the beaked whale species that has stranded most frequently on the
                coasts of Oregon and Washington. From 1942-2010, there were 23 reported
                Cuvier's beaked whale strandings in Oregon and Washington (Moore and
                Barlow 2013). Most (75 percent) Cuvier's beaked whale strandings
                reported occurred in Oregon (Norman et al., 2004).
                Blainville's Beaked Whale
                 Blainville's beaked whale is found in tropical and warm temperate
                waters of all oceans (Pitman 2009). It has the widest distribution
                throughout the world of all mesoplodont species and appears to be
                relatively common (Pitman 2009). Like other beaked whales, Blainville's
                beaked whale is generally found in waters 200-1400 m deep (Gannier
                2000; Jefferson et al., 2015). Occasional occurrences in cooler,
                higher-latitude waters are presumably related to warm-water incursions
                (Reeves et al., 2002). MacLeod et al., (2006) reported stranding and
                sighting records in the eastern Pacific ranging from 37.3[deg] N to
                41.5[deg] S. However, none of the 36 beaked whale stranding records in
                Oregon and Washington during 1930-2002 included Blainville's beaked
                whale (Norman et al., 2004). One Blainville's beaked whale was found
                stranded (dead) on the Washington coast in November 2016 (COASST 2016).
                Stejneger's Beaked Whale
                 Stejneger's beaked whale occurs in subarctic and cool temperate
                waters of the North Pacific Ocean (Mead 1989). In the eastern North
                Pacific Ocean, it is distributed from Alaska to southern California
                (Mead et al., 1982; Mead 1989). Most stranding records are from Alaskan
                waters, and the Aleutian Islands appear to be its center of
                distribution (MacLeod et al., 2006). After Cuvier's beaked whale,
                Stejneger's beaked whale was the second most commonly stranded beaked
                whale species in Oregon and Washington (Norman et al., 2004).
                Hubb's Beaked Whale
                 Hubbs' beaked whale occurs in temperate waters of the North Pacific
                (Mead 1989). Its distribution appears to be correlated with the deep
                subarctic current (Mead et al., 1982). Numerous stranding records have
                been reported for the U.S. West Coast (MacLeod et al., 2006). Most of
                the records are from California, but it has been sighted as far north
                as Prince Rupert, British Columbia (Mead 1989). Two strandings are
                known from Washington/Oregon (Norman et al., 2004). Hubbs' beaked
                whales are often killed in drift gillnets off California (Reeves et
                al., 2002).
                 There are no sightings of Hubbs' beaked whales near the proposed
                survey area in the OBIS database (OBIS 2018). There is one sighting of
                an unidentified species of Mesoplodont whale near the survey area in
                the OBIS database that was made in July 1996 during the SWFSC ORCAWALE
                Marine Mammal Survey (OBIS 2018). During the 2016 SWFSC PASCAL study
                using drifting acoustic recorders, detections were made of beaked whale
                sounds presumed to be from Hubbs' beaked whales near the proposed
                survey area during August (Griffiths et al., submitted manuscript cited
                in Keating et al., 2018). In addition, at least two sightings just to
                the south of the proposed survey area were reported in Carretta et al.,
                (2018). This species seems to be less common in the proposed survey
                area than some of the other beaked whales.
                Baird's Beaked Whale
                 Baird's beaked whale has a fairly extensive range across the North
                Pacific, with concentrations occurring in the Sea of Okhotsk and Bering
                Sea (Rice 1998; Kasuya 2009). In the eastern Pacific, Baird's beaked
                whale is reported to occur as far south as San Clemente Island,
                California (Rice 1998; Kasuya 2009). Baird's beaked whales that occur
                off the U.S. west coast are of the gray form, unlike some Berardius
                individuals that are found in Alaska and Japan, which are of the black
                form and thus could be a new species (Morin et al., 2017).
                Bottlenose Dolphin
                 The bottlenose dolphin is distributed worldwide in coastal and
                shelf waters of tropical and temperate oceans (Jefferson et al., 2015).
                There are two distinct bottlenose dolphin types: A shallow water type,
                mainly found in coastal waters, and a deep water type, mainly found in
                oceanic waters (Duffield et al., 1983; Hoelzel et al., 1998; Walker et
                al., 1999). Coastal common bottlenose dolphins exhibit a range of
                movement patterns including seasonal migration, year-round residency,
                and a combination of long-range movements and repeated local residency
                (Wells and Scott 2009).
                Short-Beaked Common Dolphin
                 The short-beaked common dolphin is found in tropical and warm
                temperate oceans around the world (Perrin 2009). It ranges as far south
                as 40[deg] S in the Pacific Ocean, is common in coastal waters 200-300
                m deep and is also associated with prominent underwater topography,
                such as seamounts (Evans 1994). Short-beaked common dolphins have been
                sighted as far as 550 km from shore (Barlow et al., 1997).
                 The distribution of short-beaked common dolphins along the U.S.
                West Coast is variable and likely related to oceanographic changes
                (Heyning and Perrin 1994; Forney and Barlow 1998). It is the most
                abundant cetacean off California; some sightings have been made off
                Oregon, in offshore waters (Carretta et al., 2017). During surveys off
                the west coast in 2014 and 2017, sightings were made as far north as
                44[deg] N (Barlow 2016; SIO n.d.). Based on the absolute dynamic
                topography of the region, short-beaked common dolphins could occur in
                relatively high densities off Oregon during July-December (Pardo et
                al., 2015). In contrast, habitat modeling predicted moderate densities
                of common dolphins off the Columbia River mouth during summer, with
                lower densities off southern Oregon (Becker et al., 2014).
                Striped Dolphin
                 The striped dolphin has a cosmopolitan distribution in tropical to
                warm temperate waters (Perrin et al., 1994) and is generally seen south
                of 43[deg] N (Archer 2009). However, in the eastern North Pacific, its
                distribution extends as far north as Washington (Jefferson et al.,
                2015). The striped dolphin is typically found in waters outside the
                continental shelf and is often associated with convergence zones and
                areas of upwelling (Archer 2009). However, it has also been observed
                approaching shore where there is deep
                [[Page 26947]]
                water close to the coast (Jefferson et al., 2015).
                Pacific White-Sided Dolphin
                 The Pacific white-sided dolphin is found in cool temperate waters
                of the North Pacific from the southern Gulf of California to Alaska.
                Across the North Pacific, it appears to have a relatively narrow
                distribution between 38[deg] N and 47[deg] N (Brownell et al., 1999).
                In the eastern North Pacific Ocean, including waters off Oregon, the
                Pacific white-sided dolphin is one of the most common cetacean species,
                occurring primarily in shelf and slope waters (Green et al., 1993;
                Barlow 2003, 2010). It is known to occur close to shore in certain
                regions, including (seasonally) southern California (Brownell et al.,
                1999).
                 Results of aerial and shipboard surveys strongly suggest seasonal
                north-south movements of the species between California and Oregon/
                Washington; the movements apparently are related to oceanographic
                influences, particularly water temperature (Green et al., 1993; Forney
                and Barlow 1998; Buchanan et al., 2001). During winter, this species is
                most abundant in California slope and offshore areas; as northern
                waters begin to warm in the spring, it appears to move north to slope
                and offshore waters off Oregon/Washington (Green et al., 1992, 1993;
                Forney 1994; Forney et al., 1995; Buchanan et al., 2001; Barlow 2003).
                The highest encounter rates off Oregon and Washington have been
                reported during March-May in slope and offshore waters (Green et al.,
                1992). Similarly, Becker et al., (2014) predicted relatively high
                densities off southern Oregon in shelf and slope waters.
                 Based on year-round aerial surveys off Oregon/Washington, the
                Pacific white-sided dolphin was the most abundant cetacean species,
                with nearly all (97 percent) sightings occurring in May (Green et al.,
                1992, 1993). Barlow (2003) also found that the Pacific white-sided
                dolphin was one of the most abundant marine mammal species off Oregon/
                Washington during 1996 and 2001 ship surveys, and it was the second
                most abundant species reported during 2008 surveys (Barlow 2010). Adams
                et al., (2014) reported numerous offshore sightings off Oregon during
                summer, fall, and winter surveys in 2011 and 2012. Based on surveys
                conducted during 2014, the abundance was estimated at 20,711 for
                Oregon/Washington (Barlow 2016).
                Northern Right Whale Dolphin
                 The northern right whale dolphin is found in cool temperate and
                sub-arctic waters of the North Pacific, from the Gulf of Alaska to near
                northern Baja California, ranging from 30[deg] N to 50[deg] N (Reeves
                et al., 2002). In the eastern North Pacific Ocean, including waters off
                Oregon, the northern right whale dolphin is one of the most common
                marine mammal species, occurring primarily in shelf and slope waters
                ~100 to >2,000 m deep (Green et al., 1993; Barlow 2003). The northern
                right whale dolphin comes closer to shore where there is deep water,
                such as over submarine canyons (Reeves et al., 2002).
                 Aerial and shipboard surveys suggest seasonal inshore-offshore and
                north-south movements in the eastern North Pacific Ocean between
                California and Oregon/Washington; the movements are believed to be
                related to oceanographic influences, particularly water temperature and
                presumably prey distribution and availability (Green et al., 1993;
                Forney and Barlow 1998; Buchanan et al., 2001). Green et al., (1992,
                1993) found that northern right whale dolphins were most abundant off
                Oregon/Washington during fall, less abundant during spring and summer,
                and absent during winter, when this species presumably moves south to
                warmer California waters (Green et al., 1992, 1993; Forney 1994; Forney
                et al., 1995; Buchanan et al., 2001; Barlow 2003). Considerable
                interannual variations in abundance also have been found.
                 Becker et al., (2014) predicted relatively high densities off
                southern Oregon, and moderate densities off northern Oregon and
                Washington. Based on year-round aerial surveys off Oregon/Washington,
                the northern right whale dolphin was the third most abundant cetacean
                species, concentrated in slope waters but also occurring in water out
                to ~550 km offshore (Green et al., 1992, 1993). Barlow (2003, 2010)
                also found that the northern right whale dolphin was one of the most
                abundant marine mammal species off Oregon/Washington during 1996, 2001,
                2005, and 2008 ship surveys. Offshore sightings were made in the waters
                of Oregon during summer, fall, and winter surveys in 2011 and 2012
                (Adams et al., 2014).
                Risso's Dolphin
                 Risso's dolphin is distributed worldwide in temperate and tropical
                oceans (Baird 2009), although it shows a preference for mid-temperate
                waters of the shelf and slope between 30[deg] and 45[deg] (Jefferson et
                al., 2014). Although it is known to occur in coastal and oceanic
                habitats (Jefferson et al., 2014), it appears to prefer steep sections
                of the continental shelf, 400-1,000 m deep (Baird 2009), and is known
                to frequent seamounts and escarpments (Kruse et al., 1999). Off the
                U.S. West Coast, Risso's dolphin is believed to make seasonal north-
                south movements related to water temperature, spending colder winter
                months off California and moving north to waters off Oregon/Washington
                during the spring and summer as northern waters begin to warm (Green et
                al., 1992, 1993; Buchanan et al., 2001; Barlow 2003; Becker 2007).
                 The distribution and abundance of Risso's dolphins are highly
                variable from California to Washington, presumably in response to
                changing oceanographic conditions on both annual and seasonal time
                scales (Forney and Barlow 1998; Buchanan et al., 2001). The highest
                densities were predicted along the coasts of Washington, Oregon, and
                central and southern California (Becker et al., 2012). Off Oregon and
                Washington, Risso's dolphins are most abundant over continental slope
                and shelf waters during spring and summer, less so during fall, and
                rare during winter (Green et al., 1992, 1993). Green et al., (1992,
                1993) reported most Risso's dolphin groups off Oregon between ~45 and
                47[deg] N. Several sightings were made off southern Oregon during
                surveys in 1991-2014 (Carretta et al., 2017). Sightings during ship
                surveys in summer/fall 2008 were mostly between ~30 and 38[deg] N; none
                were reported in Oregon/Washington (Barlow 2010). Based on 2014 survey
                data, the abundance for Oregon/Washington was estimated at 430 (Barlow
                2016).
                False Killer Whale
                 The false killer whale is found in all tropical and warmer
                temperate oceans, especially in deep, offshore waters (Odell and
                McClune 1999). However, it is also known to occur in nearshore areas
                (e.g., Stacey and Baird 1991). In the eastern North Pacific, it has
                been reported only rarely north of Baja California (Leatherwood et al.,
                1982, 1987; Mangels and Gerrodette 1994); however, the waters off the
                U.S. West Coast all the way north to Alaska are considered part of its
                secondary range (Jefferson et al., 2015). Its occurrence in Washington/
                Oregon is associated with warm-water incursions (Buchanan et al.,
                2001). One pod of false killer whales occurred in Puget Sound for
                several months during the 1990s (USN 2015). Two were reported stranded
                along the Washington coast during 1930-2002, both in El Ni[ntilde]o
                years (Norman et al., 2004). One sighting was made off southern
                California during 2014 (Barlow 2016).
                [[Page 26948]]
                Killer Whale
                 The killer whale is cosmopolitan and globally fairly abundant; it
                has been observed in all oceans of the world (Ford 2009). It is very
                common in temperate waters and also frequents tropical waters, at least
                seasonally (Heyning and Dahlheim 1988). Currently, there are eight
                killer whale stocks recognized in the U.S. Pacific: (1) Alaska
                Residents, occurring from southeast Alaska to the Aleutians and Bering
                Sea; (2) Northern Residents, from BC through parts of southeast Alaska;
                (3) Southern Residents, mainly in inland waters of Washington State and
                southern BC; (4) Gulf of Alaska, Aleutians, and Bering Sea Transients,
                from Prince William Sound (PWS) through to the Aleutians and Bering
                Sea; (5) AT1 Transients, from PWS through the Kenai Fjords; (6) West
                Coast Transients, from California through southeast Alaska; (7)
                Offshore, from California through Alaska; and (8) Hawaiian (Carretta et
                al., 2018). Individuals from the Offshore and West Coast Transient
                stocks could be encountered in the proposed project area.
                 Green et al. (1992) noted that most groups seen during their
                surveys off Oregon and Washington were likely transients; during those
                surveys, killer whales were sighted only in shelf waters. Killer whales
                were sighted off Washington in July and September 2012 (Adams et al.,
                2014). Two of 17 killer whales that stranded in Oregon were confirmed
                as transient (Stevens et al., 1989 in Norman et al., 2004).
                Short-Finned Pilot Whale
                 The short-finned pilot whale is found in tropical, subtropical, and
                warm temperate waters (Olson 2009); it is seen as far south as ~40[deg]
                S and as far north as ~50[deg] N (Jefferson et al., 2015). Pilot whales
                are generally nomadic, but may be resident in certain locations,
                including California and Hawaii (Olson 2009). Short-finned pilot whales
                were common off southern California (Dohl et al., 1980) until an El
                Ni[ntilde]o event occurred in 1982-1983 (Carretta et al., 2017).
                Dall's Porpoise
                 Dall's porpoise is found in temperate to subantarctic waters of the
                North Pacific and adjacent seas (Jefferson et al., 2015). It is widely
                distributed across the North Pacific over the continental shelf and
                slope waters, and over deep (>2,500 m) oceanic waters (Hall 1979). It
                is probably the most abundant small cetacean in the North Pacific
                Ocean, and its abundance changes seasonally, likely in relation to
                water temperature (Becker 2007).
                 Off Oregon and Washington, Dall's porpoise is widely distributed
                over shelf and slope waters, with concentrations near shelf edges, but
                is also commonly sighted in pelagic offshore waters (Morejohn 1979;
                Green et al., 1992; Becker et al., 2014; Carretta et al., 2018).
                Combined results of various surveys out to ~550 km offshore indicate
                that the distribution and abundance of Dall's porpoise varies between
                seasons and years. North-south movements are believed to occur between
                Oregon/Washington and California in response to changing oceanographic
                conditions, particularly temperature and distribution and abundance of
                prey (Green et al., 1992, 1993; Mangels and Gerrodette 1994; Barlow
                1995; Forney and Barlow 1998; Buchanan et al., 2001). Becker et al.,
                (2014) predicted high densities off southern Oregon throughout the
                year, with moderate densities to the north. According to predictive
                density distribution maps, the highest densities off southern
                Washington and Oregon occur along the 500-m isobath (Menza et al.,
                2016).
                 Encounter rates reported by Green et al., (1992) during aerial
                surveys off Oregon/Washington were highest in fall, lowest during
                winter, and intermediate during spring and summer. Encounter rates
                during the summer were similarly high in slope and shelf waters, and
                somewhat lower in offshore waters (Green et al., 1992). Dall's porpoise
                was the most abundant species sighted off Oregon/Washington during
                1996, 2001, 2005, and 2008 ship surveys up to ~550 km from shore
                (Barlow 2003, 2010).
                Northern Fur Seal
                 The northern fur seal is endemic to the North Pacific Ocean and
                occurs from southern California to the Bering Sea, Sea of Okhotsk, and
                Sea of Japan (Jefferson et al., 2015). The worldwide population of
                northern fur seals has declined substantially from 1.8 million animals
                in the 1950s (Muto et al., 2018). They were subjected to large-scale
                harvests on the Pribilof Islands to supply a lucrative fur trade. Two
                stocks are recognized in U.S. waters: The Eastern North Pacific and the
                California stocks. The Eastern Pacific stock ranges from southern
                California during winter to the Pribilof Islands and Bogoslof Island in
                the Bering Sea during summer (Carretta et al., 2018; Muto et al.,
                2018). Abundance of the Eastern Pacific Stock has been decreasing at
                the Pribilof Islands since the 1940s and increasing on Bogoslof Island.
                 Most northern fur seals are highly migratory. During the breeding
                season, most of the world's population of northern fur seals occurs on
                the Pribilof and Bogoslof islands (NMFS 2007). The main breeding season
                is in July (Gentry 2009). Adult males usually occur onshore from May to
                August, though some may be present until November; females are usually
                found ashore from June to November (Muto et al., 2018). Nearly all fur
                seals from the Pribilof Island rookeries are foraging at sea from fall
                through late spring. In November, females and pups leave the Pribilof
                Islands and migrate through the Gulf of Alaska to feeding areas
                primarily off the coasts of BC, Washington, Oregon, and California
                before migrating north again to the rookeries in spring (Ream et al.,
                2005; Pelland et al., 2014). Immature seals can remain in southern
                foraging areas year-round until they are old enough to mate (NMFS
                2007). Adult males migrate only as far south as the Gulf of Alaska or
                to the west off the Kuril Islands (Kajimura 1984). Pups from the
                California stock also migrate to Washington, Oregon, and northern
                California after weaning (Lea et al., 2009).
                 The northern fur seals spends ~90 percent of its time at sea,
                typically in areas of upwelling along the continental slopes and over
                seamounts (Gentry 1981). The remainder of its life is spent on or near
                rookery islands or haulouts. While at sea, northern fur seals usually
                occur singly or in pairs, although larger groups can form in waters
                rich with prey (Antonelis and Fiscus 1980; Gentry 1981). Northern fur
                seals dive to relatively shallow depths to feed: 100-200 m for females,
                and 2,000 m) off central and southern Oregon (Bonnell et al.,
                1992). The waters off Washington are a known foraging area for adult
                females, and concentrations of fur seals were also reported to occur
                near Cape Blanco, Oregon, at ~42.8[deg] N (Pelland et al., 2014).
                Tagged adult fur seals were tracked from the Pribilof Islands to the
                waters off Washington/Oregon/California, with recorded movement
                [[Page 26949]]
                throughout the proposed project area (Pelland et al., 2014).
                Guadalupe Fur Seal
                 Guadalupe fur seals were once plentiful on the California coast,
                ranging from the Gulf of the Farallones near San Francisco, to the
                Revillagigedo Islands, Mexico (Aurioles-Gamboa et al., 1999), but they
                were over-harvested in the 19th century to near extinction. After being
                protected, the population grew slowly; mature individuals of the
                species were observed occasionally in the Southern California Bight
                starting in the 1960s (Stewart et al., 1993), and, in 1997, a female
                and pup were observed on San Miguel Island (Melin & DeLong, 1999).
                Since then, a small group has persisted in that area (Aurioles-Gamboa
                et al., 2010).
                 The distribution of Guadalupe fur seals and occurrence in the
                survey area is dependent on life stage and season. During the breeding
                season, June through August, adult males are expected to be on shore on
                Guadalupe Island and at smaller rookeries in the San Benito archipelago
                (Carretta et al., 2017b; Norris, 2017b). No satellite telemetry data
                are available for adult males; however, following the breeding season
                most adult males are expected to move north of breeding grounds to
                forage.
                 From 2015 through 2017, 26 stranded and rehabilitated fur seals
                between the ages of 11 and 15 months were released with satellite tags
                in central California. These animals frequently migrated north of Point
                Cabrillo and several moved into waters as far north as British
                Columbia, Canada. However, it is unclear if the migratory patterns of
                rehabilitated and released fur seals are representative of the free-
                ranging population migrating north from Guadalupe Island. For example,
                the rehabilitated fur seals remained closer to shore than the free-
                ranging fur seals as they migrated north (Norris, 2017b).
                 The satellite telemetry data indicate that Guadalupe fur seals more
                than two years old are likely uncommon in the survey area, but a
                majority of fur seals under two years old may migrate into the survey
                area and may be present throughout the year (Norris, 2017b). Lambourn
                et al. (2012) described an unusual mortality event during which 29
                Guadalupe fur seals were reported stranded throughout the Pacific
                Northwest from 2007 to 2009. The strandings involved one live adult
                female and 28 dead yearlings of both sexes. The stranding data support
                the more recent telemetry data indicating that fur seals less than 2
                years of age are more likely to occur in the survey area than older fur
                seals.
                Northern Elephant Seal
                 The northern elephant seal breeds in California and Baja
                California, primarily on offshore islands, from Cedros off the west
                coast of Baja California, north to the Farallons in Central California
                (Stewart et al., 1994). Pupping has also been observed at Shell Island
                (~43.3[deg] N) off southern Oregon, suggesting a range expansion
                (Bonnell et al., 1992; Hodder et al., 1998).
                 Adult elephant seals engage in two long northward migrations per
                year, one following the breeding season, and another following the
                annual molt (Stewart and DeLong 1995). Between the two foraging
                periods, they return to land to molt, with females returning earlier
                than males (March-April vs. July-August). After the molt, adults then
                return to their northern feeding areas until the next winter breeding
                season. Breeding occurs from December to March (Stewart and Huber
                1993). Females arrive in late December or January and give birth within
                ~1 week of their arrival. Pups are weaned after just 27 days and are
                abandoned by their mothers. Juvenile elephant seals typically leave the
                rookeries in April or May and head north, traveling an average of 900-
                1,000 km. Hindell (2009) noted that traveling likely takes place at
                depths >200 m. Most elephant seals return to their natal rookeries when
                they start breeding (Huber et al., 1991).
                 When not at their breeding rookeries, adults feed at sea far from
                the rookeries. Males may feed as far north as the eastern Aleutian
                Islands and the Gulf of Alaska, whereas females feed south of 45[deg] N
                (Le Boeuf et al., 1993; Stewart and Huber 1993). Adult male elephant
                seals migrate north via the California current to the Gulf of Alaska
                during foraging trips, and could potentially be passing through the
                area off Washington in May and August (migrating to and from molting
                periods) and November and February (migrating to and from breeding
                periods), but likely their presence there is transient and short-lived.
                Adult females and juveniles forage in the California current off
                California to BC (Le Boeuf et al. 1986, 1993, 2000). Bonnell et al.,
                (1992) reported that northern elephant seals were distributed equally
                in shelf, slope, and offshore waters during surveys conducted off
                Oregon and Washington, as far as 150 km from shore, in waters >2,000 m
                deep. Telemetry data indicate that they range much farther offshore
                than that (Stewart and DeLong 1995).
                Marine Mammal Hearing
                 Hearing is the most important sensory modality for marine mammals
                underwater, and exposure to anthropogenic sound can have deleterious
                effects. To appropriately assess the potential effects of exposure to
                sound, it is necessary to understand the frequency ranges marine
                mammals are able to hear. Current data indicate that not all marine
                mammal species have equal hearing capabilities (e.g., Richardson et
                al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect
                this, Southall et al. (2007) recommended that marine mammals be divided
                into functional hearing groups based on directly measured or estimated
                hearing ranges on the basis of available behavioral response data,
                audiograms derived using auditory evoked potential techniques,
                anatomical modeling, and other data. Note that no direct measurements
                of hearing ability have been successfully completed for mysticetes
                (i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described
                generalized hearing ranges for these marine mammal hearing groups.
                Generalized hearing ranges were chosen based on the approximately 65
                decibel (dB) threshold from the normalized composite audiograms, with
                the exception for lower limits for low-frequency cetaceans where the
                lower bound was deemed to be biologically implausible and the lower
                bound from Southall et al. (2007) retained. Marine mammal hearing
                groups and their associated hearing ranges are provided in Table 2.
                 Table 2--Marine Mammal Hearing Groups
                 [NMFS, 2018]
                ----------------------------------------------------------------------------------------------------------------
                 Hearing group Generalized hearing range *
                ----------------------------------------------------------------------------------------------------------------
                Low-frequency (LF) cetaceans (baleen whales)........... 7 Hz to 35 kHz.
                Mid-frequency (MF) cetaceans (dolphins, toothed whales, 150 Hz to 160 kHz.
                 beaked whales, bottlenose whales).
                High-frequency (HF) cetaceans (true porpoises, Kogia, 275 Hz to 160 kHz.
                 river dolphins, cephalorhynchid, Lagenorhynchus
                 cruciger & L. australis).
                [[Page 26950]]
                
                Phocid pinnipeds (PW) (underwater) (true seals)........ 50 Hz to 86 kHz.
                Otariid pinnipeds (OW) (underwater) (sea lions and fur 60 Hz to 39 kHz.
                 seals).
                ----------------------------------------------------------------------------------------------------------------
                * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the
                 group), where individual species' hearing ranges are typically not as broad. Generalized hearing range chosen
                 based on ~65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF
                 cetaceans (Southall et al., 2007) and PW pinniped (approximation).
                 The pinniped functional hearing group was modified from Southall et
                al. (2007) on the basis of data indicating that phocid species have
                consistently demonstrated an extended frequency range of hearing
                compared to otariids, especially in the higher frequency range
                (Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
                2013).
                 For more detail concerning these groups and associated frequency
                ranges, please see NMFS (2018) for a review of available information.
                26 marine mammal species (23 cetacean and three pinniped (two otariid
                and one phocid) species) have the reasonable potential to co-occur with
                the proposed survey activities. Please refer to Table 1. Of the
                cetacean species that may be present, five are classified as low-
                frequency cetaceans (i.e., all mysticete species), 15 are classified as
                mid-frequency cetaceans (i.e., all delphinid and ziphiid species and
                the sperm whale), and three are classified as high-frequency cetaceans
                (i.e., harbor porpoise and Kogia spp.).
                Potential Effects of Specified Activities on Marine Mammals and Their
                Habitat
                 This section includes a summary and discussion of the ways that
                components of the specified activity may impact marine mammals and
                their habitat. The Estimated Take by Incidental Harassment section
                later in this document includes a quantitative analysis of the number
                of individuals that are expected to be taken by this activity. The
                Negligible Impact Analysis and Determination section considers the
                content of this section, the Estimated Take by Incidental Harassment
                section, and the Proposed Mitigation section, to draw conclusions
                regarding the likely impacts of these activities on the reproductive
                success or survivorship of individuals and how those impacts on
                individuals are likely to impact marine mammal species or stocks.
                Description of Active Acoustic Sound Sources
                 This section contains a brief technical background on sound, the
                characteristics of certain sound types, and on metrics used in this
                proposal inasmuch as the information is relevant to the specified
                activity and to a discussion of the potential effects of the specified
                activity on marine mammals found later in this document.
                 Sound travels in waves, the basic components of which are
                frequency, wavelength, velocity, and amplitude. Frequency is the number
                of pressure waves that pass by a reference point per unit of time and
                is measured in hertz (Hz) or cycles per second. Wavelength is the
                distance between two peaks or corresponding points of a sound wave
                (length of one cycle). Higher frequency sounds have shorter wavelengths
                than lower frequency sounds, and typically attenuate (decrease) more
                rapidly, except in certain cases in shallower water. Amplitude is the
                height of the sound pressure wave or the ``loudness'' of a sound and is
                typically described using the relative unit of the dB. A sound pressure
                level (SPL) in dB is described as the ratio between a measured pressure
                and a reference pressure (for underwater sound, this is 1 microPascal
                ([mu]Pa)) and is a logarithmic unit that accounts for large variations
                in amplitude; therefore, a relatively small change in dB corresponds to
                large changes in sound pressure. The source level (SL) represents the
                SPL referenced at a distance of 1 m from the source (referenced to 1
                [mu]Pa) while the received level is the SPL at the listener's position
                (referenced to 1 [mu]Pa).
                 Root mean square (rms) is the quadratic mean sound pressure over
                the duration of an impulse. Root mean square is calculated by squaring
                all of the sound amplitudes, averaging the squares, and then taking the
                square root of the average (Urick, 1983). Root mean square accounts for
                both positive and negative values; squaring the pressures makes all
                values positive so that they may be accounted for in the summation of
                pressure levels (Hastings and Popper, 2005). This measurement is often
                used in the context of discussing behavioral effects, in part because
                behavioral effects, which often result from auditory cues, may be
                better expressed through averaged units than by peak pressures.
                 Sound exposure level (SEL; represented as dB re 1 [mu]Pa2 - s)
                represents the total energy contained within a pulse and considers both
                intensity and duration of exposure. Peak sound pressure (also referred
                to as zero-to-peak sound pressure or 0-p) is the maximum instantaneous
                sound pressure measurable in the water at a specified distance from the
                source and is represented in the same units as the rms sound pressure.
                Another common metric is peak-to-peak sound pressure (pk-pk), which is
                the algebraic difference between the peak positive and peak negative
                sound pressures. Peak-to-peak pressure is typically approximately 6 dB
                higher than peak pressure (Southall et al., 2007).
                 When underwater objects vibrate or activity occurs, sound-pressure
                waves are created. These waves alternately compress and decompress the
                water as the sound wave travels. Underwater sound waves radiate in a
                manner similar to ripples on the surface of a pond and may be either
                directed in a beam or beams or may radiate in all directions
                (omnidirectional sources), as is the case for pulses produced by the
                airgun arrays considered here. The compressions and decompressions
                associated with sound waves are detected as changes in pressure by
                aquatic life and man-made sound receptors such as hydrophones.
                 Even in the absence of sound from the specified activity, the
                underwater environment is typically loud due to ambient sound. Ambient
                sound is defined as environmental background sound levels lacking a
                single source or point (Richardson et al., 1995), and the sound level
                of a region is defined by the total acoustical energy being generated
                by known and unknown sources. These sources may include physical (e.g.,
                wind and waves, earthquakes, ice, atmospheric sound), biological (e.g.,
                sounds produced by marine mammals, fish, and invertebrates), and
                anthropogenic (e.g., vessels, dredging, construction) sound. A number
                of sources contribute to ambient sound, including the following
                (Richardson et al., 1995):
                 Wind and waves: The complex interactions between wind and
                water
                [[Page 26951]]
                surface, including processes such as breaking waves and wave-induced
                bubble oscillations and cavitation, are a main source of naturally
                occurring ambient sound for frequencies between 200 Hz and 50 kHz
                (Mitson, 1995). In general, ambient sound levels tend to increase with
                increasing wind speed and wave height. Surf sound becomes important
                near shore, with measurements collected at a distance of 8.5 km from
                shore showing an increase of 10 dB in the 100 to 700 Hz band during
                heavy surf conditions;
                 Precipitation: Sound from rain and hail impacting the
                water surface can become an important component of total sound at
                frequencies above 500 Hz, and possibly down to 100 Hz during quiet
                times;
                 Biological: Marine mammals can contribute significantly to
                ambient sound levels, as can some fish and snapping shrimp. The
                frequency band for biological contributions is from approximately 12 Hz
                to over 100 kHz; and
                 Anthropogenic: Sources of ambient sound related to human
                activity include transportation (surface vessels), dredging and
                construction, oil and gas drilling and production, seismic surveys,
                sonar, explosions, and ocean acoustic studies. Vessel noise typically
                dominates the total ambient sound for frequencies between 20 and 300
                Hz. In general, the frequencies of anthropogenic sounds are below 1 kHz
                and, if higher frequency sound levels are created, they attenuate
                rapidly. Sound from identifiable anthropogenic sources other than the
                activity of interest (e.g., a passing vessel) is sometimes termed
                background sound, as opposed to ambient sound.
                 The sum of the various natural and anthropogenic sound sources at
                any given location and time--which comprise ``ambient'' or
                ``background'' sound--depends not only on the source levels (as
                determined by current weather conditions and levels of biological and
                human activity) but also on the ability of sound to propagate through
                the environment. In turn, sound propagation is dependent on the
                spatially and temporally varying properties of the water column and sea
                floor, and is frequency-dependent. As a result of the dependence on a
                large number of varying factors, ambient sound levels can be expected
                to vary widely over both coarse and fine spatial and temporal scales.
                Sound levels at a given frequency and location can vary by 10-20 dB
                from day to day (Richardson et al., 1995). The result is that,
                depending on the source type and its intensity, sound from a given
                activity may be a negligible addition to the local environment or could
                form a distinctive signal that may affect marine mammals. Details of
                source types are described in the following text.
                 Sounds are often considered to fall into one of two general types:
                Pulsed and non-pulsed (defined in the following). The distinction
                between these two sound types is important because they have differing
                potential to cause physical effects, particularly with regard to
                hearing (e.g., Ward, 1997 in Southall et al., 2007). Please see
                Southall et al. (2007) for an in-depth discussion of these concepts.
                 Pulsed sound sources (e.g., airguns, explosions, gunshots, sonic
                booms, impact pile driving) produce signals that are brief (typically
                considered to be less than one second), broadband, atonal transients
                (ANSI, 1986, 2005; Harris, 1998; NIOSH, 1998; ISO, 2003) and occur
                either as isolated events or repeated in some succession. Pulsed sounds
                are all characterized by a relatively rapid rise from ambient pressure
                to a maximal pressure value followed by a rapid decay period that may
                include a period of diminishing, oscillating maximal and minimal
                pressures, and generally have an increased capacity to induce physical
                injury as compared with sounds that lack these features.
                 Non-pulsed sounds can be tonal, narrowband, or broadband, brief or
                prolonged, and may be either continuous or non-continuous (ANSI, 1995;
                NIOSH, 1998). Some of these non-pulsed sounds can be transient signals
                of short duration but without the essential properties of pulses (e.g.,
                rapid rise time). Examples of non-pulsed sounds include those produced
                by vessels, aircraft, machinery operations such as drilling or
                dredging, vibratory pile driving, and active sonar systems (such as
                those used by the U.S. Navy). The duration of such sounds, as received
                at a distance, can be greatly extended in a highly reverberant
                environment.
                 Airgun arrays produce pulsed signals with energy in a frequency
                range from about 10-2,000 Hz, with most energy radiated at frequencies
                below 200 Hz. The amplitude of the acoustic wave emitted from the
                source is equal in all directions (i.e., omnidirectional), but airgun
                arrays do possess some directionality due to different phase delays
                between guns in different directions. Airgun arrays are typically tuned
                to maximize functionality for data acquisition purposes, meaning that
                sound transmitted in horizontal directions and at higher frequencies is
                minimized to the extent possible.
                Acoustic Effects
                 Here, we discuss the effects of active acoustic sources on marine
                mammals.
                 Potential Effects of Underwater Sound--Please refer to the
                information given previously (``Description of Active Acoustic
                Sources'') regarding sound, characteristics of sound types, and metrics
                used in this document. Anthropogenic sounds cover a broad range of
                frequencies and sound levels and can have a range of highly variable
                impacts on marine life, from none or minor to potentially severe
                responses, depending on received levels, duration of exposure,
                behavioral context, and various other factors. The potential effects of
                underwater sound from active acoustic sources can potentially result in
                one or more of the following: Temporary or permanent hearing
                impairment, non-auditory physical or physiological effects, behavioral
                disturbance, stress, and masking (Richardson et al., 1995; Gordon et
                al., 2004; Nowacek et al., 2007; Southall et al., 2007; G[ouml]tz et
                al., 2009). The degree of effect is intrinsically related to the signal
                characteristics, received level, distance from the source, and duration
                of the sound exposure. In general, sudden, high level sounds can cause
                hearing loss, as can longer exposures to lower level sounds. Temporary
                or permanent loss of hearing will occur almost exclusively for noise
                within an animal's hearing range. We first describe specific
                manifestations of acoustic effects before providing discussion specific
                to the use of airgun arrays.
                 Richardson et al. (1995) described zones of increasing intensity of
                effect that might be expected to occur, in relation to distance from a
                source and assuming that the signal is within an animal's hearing
                range. First is the area within which the acoustic signal would be
                audible (potentially perceived) to the animal, but not strong enough to
                elicit any overt behavioral or physiological response. The next zone
                corresponds with the area where the signal is audible to the animal and
                of sufficient intensity to elicit behavioral or physiological
                responsiveness. Third is a zone within which, for signals of high
                intensity, the received level is sufficient to potentially cause
                discomfort or tissue damage to auditory or other systems. Overlaying
                these zones to a certain extent is the area within which masking (i.e.,
                when a sound interferes with or masks the ability of an animal to
                detect a signal of interest that is above the absolute hearing
                threshold) may occur; the masking zone may be highly variable in size.
                [[Page 26952]]
                 We describe the more severe effects of certain non-auditory
                physical or physiological effects only briefly as we do not expect that
                use of airgun arrays are reasonably likely to result in such effects
                (see below for further discussion). Potential effects from impulsive
                sound sources can range in severity from effects such as behavioral
                disturbance or tactile perception to physical discomfort, slight injury
                of the internal organs and the auditory system, or mortality (Yelverton
                et al., 1973). Non-auditory physiological effects or injuries that
                theoretically might occur in marine mammals exposed to high level
                underwater sound or as a secondary effect of extreme behavioral
                reactions (e.g., change in dive profile as a result of an avoidance
                reaction) caused by exposure to sound include neurological effects,
                bubble formation, resonance effects, and other types of organ or tissue
                damage (Cox et al., 2006; Southall et al., 2007; Zimmer and Tyack,
                2007; Tal et al., 2015). The survey activities considered here do not
                involve the use of devices such as explosives or mid-frequency tactical
                sonar that are associated with these types of effects.
                 Threshold Shift--Marine mammals exposed to high-intensity sound, or
                to lower-intensity sound for prolonged periods, can experience hearing
                threshold shift (TS), which is the loss of hearing sensitivity at
                certain frequency ranges (Finneran, 2015). TS can be permanent (PTS),
                in which case the loss of hearing sensitivity is not fully recoverable,
                or temporary (TTS), in which case the animal's hearing threshold would
                recover over time (Southall et al., 2007). Repeated sound exposure that
                leads to TTS could cause PTS. In severe cases of PTS, there can be
                total or partial deafness, while in most cases the animal has an
                impaired ability to hear sounds in specific frequency ranges (Kryter,
                1985).
                 When PTS occurs, there is physical damage to the sound receptors in
                the ear (i.e., tissue damage), whereas TTS represents primarily tissue
                fatigue and is reversible (Southall et al., 2007). In addition, other
                investigators have suggested that TTS is within the normal bounds of
                physiological variability and tolerance and does not represent physical
                injury (e.g., Ward, 1997). Therefore, NMFS does not consider TTS to
                constitute auditory injury.
                 Relationships between TTS and PTS thresholds have not been studied
                in marine mammals, and there is no PTS data for cetaceans but such
                relationships are assumed to be similar to those in humans and other
                terrestrial mammals. PTS typically occurs at exposure levels at least
                several dBs above (a 40-dB threshold shift approximates PTS onset;
                e.g., Kryter et al., 1966; Miller, 1974) that inducing mild TTS (a 6-dB
                threshold shift approximates TTS onset; e.g., Southall et al., 2007).
                Based on data from terrestrial mammals, a precautionary assumption is
                that the PTS thresholds for impulse sounds (such as airgun pulses as
                received close to the source) are at least 6 dB higher than the TTS
                threshold on a peak-pressure basis and PTS cumulative sound exposure
                level thresholds are 15 to 20 dB higher than TTS cumulative sound
                exposure level thresholds (Southall et al., 2007). Given the higher
                level of sound or longer exposure duration necessary to cause PTS as
                compared with TTS, it is considerably less likely that PTS could occur.
                 For mid-frequency cetaceans in particular, potential protective
                mechanisms may help limit onset of TTS or prevent onset of PTS. Such
                mechanisms include dampening of hearing, auditory adaptation, or
                behavioral amelioration (e.g., Nachtigall and Supin, 2013; Miller et
                al., 2012; Finneran et al., 2015; Popov et al., 2016).
                 TTS is the mildest form of hearing impairment that can occur during
                exposure to sound (Kryter, 1985). While experiencing TTS, the hearing
                threshold rises, and a sound must be at a higher level in order to be
                heard. In terrestrial and marine mammals, TTS can last from minutes or
                hours to days (in cases of strong TTS). In many cases, hearing
                sensitivity recovers rapidly after exposure to the sound ends. Few data
                on sound levels and durations necessary to elicit mild TTS have been
                obtained for marine mammals.
                 Marine mammal hearing plays a critical role in communication with
                conspecifics, and interpretation of environmental cues for purposes
                such as predator avoidance and prey capture. Depending on the degree
                (elevation of threshold in dB), duration (i.e., recovery time), and
                frequency range of TTS, and the context in which it is experienced, TTS
                can have effects on marine mammals ranging from discountable to
                serious. For example, a marine mammal may be able to readily compensate
                for a brief, relatively small amount of TTS in a non-critical frequency
                range that occurs during a time where ambient noise is lower and there
                are not as many competing sounds present. Alternatively, a larger
                amount and longer duration of TTS sustained during time when
                communication is critical for successful mother/calf interactions could
                have more serious impacts.
                 Finneran et al. (2015) measured hearing thresholds in three captive
                bottlenose dolphins before and after exposure to ten pulses produced by
                a seismic airgun in order to study TTS induced after exposure to
                multiple pulses. Exposures began at relatively low levels and gradually
                increased over a period of several months, with the highest exposures
                at peak SPLs from 196 to 210 dB and cumulative (unweighted) SELs from
                193-195 dB. No substantial TTS was observed. In addition, behavioral
                reactions were observed that indicated that animals can learn behaviors
                that effectively mitigate noise exposures (although exposure patterns
                must be learned, which is less likely in wild animals than for the
                captive animals considered in this study). The authors note that the
                failure to induce more significant auditory effects likely due to the
                intermittent nature of exposure, the relatively low peak pressure
                produced by the acoustic source, and the low-frequency energy in airgun
                pulses as compared with the frequency range of best sensitivity for
                dolphins and other mid-frequency cetaceans.
                 Currently, TTS data only exist for four species of cetaceans
                (bottlenose dolphin, beluga whale, harbor porpoise, and Yangtze finless
                porpoise) exposed to a limited number of sound sources (i.e., mostly
                tones and octave-band noise) in laboratory settings (Finneran, 2015).
                In general, harbor porpoises have a lower TTS onset than other measured
                cetacean species (Finneran, 2015). Additionally, the existing marine
                mammal TTS data come from a limited number of individuals within these
                species. There are no data available on noise-induced hearing loss for
                mysticetes.
                 Critical questions remain regarding the rate of TTS growth and
                recovery after exposure to intermittent noise and the effects of single
                and multiple pulses. Data at present are also insufficient to construct
                generalized models for recovery and determine the time necessary to
                treat subsequent exposures as independent events. More information is
                needed on the relationship between auditory evoked potential and
                behavioral measures of TTS for various stimuli. For summaries of data
                on TTS in marine mammals or for further discussion of TTS onset
                thresholds, please see Southall et al. (2007), Finneran and Jenkins
                (2012), Finneran (2015), and NMFS (2016a).
                 Behavioral Effects--Behavioral disturbance may include a variety of
                effects, including subtle changes in behavior (e.g., minor or brief
                avoidance of an area or changes in vocalizations), more conspicuous
                changes in similar behavioral activities, and more
                [[Page 26953]]
                sustained and/or potentially severe reactions, such as displacement
                from or abandonment of high-quality habitat. Behavioral responses to
                sound are highly variable and context-specific and any reactions depend
                on numerous intrinsic and extrinsic factors (e.g., species, state of
                maturity, experience, current activity, reproductive state, auditory
                sensitivity, time of day), as well as the interplay between factors
                (e.g., Richardson et al., 1995; Wartzok et al., 2003; Southall et al.,
                2007; Weilgart, 2007; Archer et al., 2010). Behavioral reactions can
                vary not only among individuals but also within an individual,
                depending on previous experience with a sound source, context, and
                numerous other factors (Ellison et al., 2012), and can vary depending
                on characteristics associated with the sound source (e.g., whether it
                is moving or stationary, number of sources, distance from the source).
                Please see Appendices B-C of Southall et al. (2007) for a review of
                studies involving marine mammal behavioral responses to sound.
                 Habituation can occur when an animal's response to a stimulus wanes
                with repeated exposure, usually in the absence of unpleasant associated
                events (Wartzok et al., 2003). Animals are most likely to habituate to
                sounds that are predictable and unvarying. It is important to note that
                habituation is appropriately considered as a ``progressive reduction in
                response to stimuli that are perceived as neither aversive nor
                beneficial,'' rather than as, more generally, moderation in response to
                human disturbance (Bejder et al., 2009). The opposite process is
                sensitization, when an unpleasant experience leads to subsequent
                responses, often in the form of avoidance, at a lower level of
                exposure. As noted, behavioral state may affect the type of response.
                For example, animals that are resting may show greater behavioral
                change in response to disturbing sound levels than animals that are
                highly motivated to remain in an area for feeding (Richardson et al.,
                1995; NRC, 2003; Wartzok et al., 2003). Controlled experiments with
                captive marine mammals have showed pronounced behavioral reactions,
                including avoidance of loud sound sources (Ridgway et al., 1997).
                Observed responses of wild marine mammals to loud pulsed sound sources
                (typically seismic airguns or acoustic harassment devices) have been
                varied but often consist of avoidance behavior or other behavioral
                changes suggesting discomfort (Morton and Symonds, 2002; see also
                Richardson et al., 1995; Nowacek et al., 2007). However, many
                delphinids approach acoustic source vessels with no apparent discomfort
                or obvious behavioral change (e.g., Barkaszi et al., 2012).
                 Available studies show wide variation in response to underwater
                sound; therefore, it is difficult to predict specifically how any given
                sound in a particular instance might affect marine mammals perceiving
                the signal. If a marine mammal does react briefly to an underwater
                sound by changing its behavior or moving a small distance, the impacts
                of the change are unlikely to be significant to the individual, let
                alone the stock or population. However, if a sound source displaces
                marine mammals from an important feeding or breeding area for a
                prolonged period, impacts on individuals and populations could be
                significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007; NRC,
                2005). However, there are broad categories of potential response, which
                we describe in greater detail here, that include alteration of dive
                behavior, alteration of foraging behavior, effects to breathing,
                interference with or alteration of vocalization, avoidance, and flight.
                 Changes in dive behavior can vary widely, and may consist of
                increased or decreased dive times and surface intervals as well as
                changes in the rates of ascent and descent during a dive (e.g., Frankel
                and Clark, 2000; Ng and Leung, 2003; Nowacek et al., 2004; Goldbogen et
                al., 2013a, b). Variations in dive behavior may reflect interruptions
                in biologically significant activities (e.g., foraging) or they may be
                of little biological significance. The impact of an alteration to dive
                behavior resulting from an acoustic exposure depends on what the animal
                is doing at the time of the exposure and the type and magnitude of the
                response.
                 Disruption of feeding behavior can be difficult to correlate with
                anthropogenic sound exposure, so it is usually inferred by observed
                displacement from known foraging areas, the appearance of secondary
                indicators (e.g., bubble nets or sediment plumes), or changes in dive
                behavior. As for other types of behavioral response, the frequency,
                duration, and temporal pattern of signal presentation, as well as
                differences in species sensitivity, are likely contributing factors to
                differences in response in any given circumstance (e.g., Croll et al.,
                2001; Nowacek et al., 2004; Madsen et al., 2006; Yazvenko et al.,
                2007). A determination of whether foraging disruptions incur fitness
                consequences would require information on or estimates of the energetic
                requirements of the affected individuals and the relationship between
                prey availability, foraging effort and success, and the life history
                stage of the animal.
                 Visual tracking, passive acoustic monitoring, and movement
                recording tags were used to quantify sperm whale behavior prior to,
                during, and following exposure to airgun arrays at received levels in
                the range 140-160 dB at distances of 7-13 km, following a phase-in of
                sound intensity and full array exposures at 1-13 km (Madsen et al.,
                2006; Miller et al., 2009). Sperm whales did not exhibit horizontal
                avoidance behavior at the surface. However, foraging behavior may have
                been affected. The sperm whales exhibited 19 percent less vocal (buzz)
                rate during full exposure relative to post exposure, and the whale that
                was approached most closely had an extended resting period and did not
                resume foraging until the airguns had ceased firing. The remaining
                whales continued to execute foraging dives throughout exposure;
                however, swimming movements during foraging dives were 6 percent lower
                during exposure than control periods (Miller et al., 2009). These data
                raise concerns that seismic surveys may impact foraging behavior in
                sperm whales, although more data are required to understand whether the
                differences were due to exposure or natural variation in sperm whale
                behavior (Miller et al., 2009).
                 Variations in respiration naturally vary with different behaviors
                and alterations to breathing rate as a function of acoustic exposure
                can be expected to co-occur with other behavioral reactions, such as a
                flight response or an alteration in diving. However, respiration rates
                in and of themselves may be representative of annoyance or an acute
                stress response. Various studies have shown that respiration rates may
                either be unaffected or could increase, depending on the species and
                signal characteristics, again highlighting the importance in
                understanding species differences in the tolerance of underwater noise
                when determining the potential for impacts resulting from anthropogenic
                sound exposure (e.g., Kastelein et al., 2001, 2005, 2006; Gailey et
                al., 2007, 2016).
                 Marine mammals vocalize for different purposes and across multiple
                modes, such as whistling, echolocation click production, calling, and
                singing. Changes in vocalization behavior in response to anthropogenic
                noise can occur for any of these modes and may result from a need to
                compete with an increase in background noise or may reflect increased
                vigilance or a startle response. For example, in the presence of
                potentially masking signals,
                [[Page 26954]]
                humpback whales and killer whales have been observed to increase the
                length of their songs (Miller et al., 2000; Fristrup et al., 2003;
                Foote et al., 2004), while right whales have been observed to shift the
                frequency content of their calls upward while reducing the rate of
                calling in areas of increased anthropogenic noise (Parks et al., 2007).
                In some cases, animals may cease sound production during production of
                aversive signals (Bowles et al., 1994).
                 Cerchio et al. (2014) used passive acoustic monitoring to document
                the presence of singing humpback whales off the coast of northern
                Angola and to opportunistically test for the effect of seismic survey
                activity on the number of singing whales. Two recording units were
                deployed between March and December 2008 in the offshore environment;
                numbers of singers were counted every hour. Generalized Additive Mixed
                Models were used to assess the effect of survey day (seasonality), hour
                (diel variation), moon phase, and received levels of noise (measured
                from a single pulse during each ten minute sampled period) on singer
                number. The number of singers significantly decreased with increasing
                received level of noise, suggesting that humpback whale breeding
                activity was disrupted to some extent by the survey activity.
                 Castellote et al. (2012) reported acoustic and behavioral changes
                by fin whales in response to shipping and airgun noise. Acoustic
                features of fin whale song notes recorded in the Mediterranean Sea and
                northeast Atlantic Ocean were compared for areas with different
                shipping noise levels and traffic intensities and during a seismic
                airgun survey. During the first 72 h of the survey, a steady decrease
                in song received levels and bearings to singers indicated that whales
                moved away from the acoustic source and out of the study area. This
                displacement persisted for a time period well beyond the 10-day
                duration of seismic airgun activity, providing evidence that fin whales
                may avoid an area for an extended period in the presence of increased
                noise. The authors hypothesize that fin whale acoustic communication is
                modified to compensate for increased background noise and that a
                sensitization process may play a role in the observed temporary
                displacement.
                 Seismic pulses at average received levels of 131 dB re 1 [mu]Pa2-s
                caused blue whales to increase call production (Di Iorio and Clark,
                2010). In contrast, McDonald et al. (1995) tracked a blue whale with
                seafloor seismometers and reported that it stopped vocalizing and
                changed its travel direction at a range of 10 km from the acoustic
                source vessel (estimated received level 143 dB pk-pk). Blackwell et al.
                (2013) found that bowhead whale call rates dropped significantly at
                onset of airgun use at sites with a median distance of 41-45 km from
                the survey. Blackwell et al. (2015) expanded this analysis to show that
                whales actually increased calling rates as soon as airgun signals were
                detectable before ultimately decreasing calling rates at higher
                received levels (i.e., 10-minute SELcum of ~127 dB). Overall, these
                results suggest that bowhead whales may adjust their vocal output in an
                effort to compensate for noise before ceasing vocalization effort and
                ultimately deflecting from the acoustic source (Blackwell et al., 2013,
                2015). These studies demonstrate that even low levels of noise received
                far from the source can induce changes in vocalization and/or behavior
                for mysticetes.
                 Avoidance is the displacement of an individual from an area or
                migration path as a result of the presence of a sound or other
                stressors, and is one of the most obvious manifestations of disturbance
                in marine mammals (Richardson et al., 1995). For example, gray whales
                are known to change direction--deflecting from customary migratory
                paths--in order to avoid noise from seismic surveys (Malme et al.,
                1984). Humpback whales showed avoidance behavior in the presence of an
                active seismic array during observational studies and controlled
                exposure experiments in western Australia (McCauley et al., 2000).
                Avoidance may be short-term, with animals returning to the area once
                the noise has ceased (e.g., Bowles et al., 1994; Goold, 1996; Stone et
                al., 2000; Morton and Symonds, 2002; Gailey et al., 2007). Longer-term
                displacement is possible, however, which may lead to changes in
                abundance or distribution patterns of the affected species in the
                affected region if habituation to the presence of the sound does not
                occur (e.g., Bejder et al., 2006; Teilmann et al., 2006).
                 A flight response is a dramatic change in normal movement to a
                directed and rapid movement away from the perceived location of a sound
                source. The flight response differs from other avoidance responses in
                the intensity of the response (e.g., directed movement, rate of
                travel). Relatively little information on flight responses of marine
                mammals to anthropogenic signals exist, although observations of flight
                responses to the presence of predators have occurred (Connor and
                Heithaus, 1996). The result of a flight response could range from
                brief, temporary exertion and displacement from the area where the
                signal provokes flight to, in extreme cases, marine mammal strandings
                (Evans and England, 2001). However, it should be noted that response to
                a perceived predator does not necessarily invoke flight (Ford and
                Reeves, 2008), and whether individuals are solitary or in groups may
                influence the response.
                 Behavioral disturbance can also impact marine mammals in more
                subtle ways. Increased vigilance may result in costs related to
                diversion of focus and attention (i.e., when a response consists of
                increased vigilance, it may come at the cost of decreased attention to
                other critical behaviors such as foraging or resting). These effects
                have generally not been demonstrated for marine mammals, but studies
                involving fish and terrestrial animals have shown that increased
                vigilance may substantially reduce feeding rates (e.g., Beauchamp and
                Livoreil, 1997; Fritz et al., 2002; Purser and Radford, 2011). In
                addition, chronic disturbance can cause population declines through
                reduction of fitness (e.g., decline in body condition) and subsequent
                reduction in reproductive success, survival, or both (e.g., Harrington
                and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998). However,
                Ridgway et al. (2006) reported that increased vigilance in bottlenose
                dolphins exposed to sound over a five-day period did not cause any
                sleep deprivation or stress effects.
                 Many animals perform vital functions, such as feeding, resting,
                traveling, and socializing, on a diel cycle (24-hour cycle). Disruption
                of such functions resulting from reactions to stressors such as sound
                exposure are more likely to be significant if they last more than one
                diel cycle or recur on subsequent days (Southall et al., 2007).
                Consequently, a behavioral response lasting less than one day and not
                recurring on subsequent days is not considered particularly severe
                unless it could directly affect reproduction or survival (Southall et
                al., 2007). Note that there is a difference between multi-day
                substantive behavioral reactions and multi-day anthropogenic
                activities. For example, just because an activity lasts for multiple
                days does not necessarily mean that individual animals are either
                exposed to activity-related stressors for multiple days or, further,
                exposed in a manner resulting in sustained multi-day substantive
                behavioral responses.
                 Stone (2015) reported data from at-sea observations during 1,196
                seismic surveys from 1994 to 2010. When large arrays of airguns
                (considered to be 500 in 3 or more) were firing, lateral displacement,
                more localized
                [[Page 26955]]
                avoidance, or other changes in behavior were evident for most
                odontocetes. However, significant responses to large arrays were found
                only for the minke whale and fin whale. Behavioral responses observed
                included changes in swimming or surfacing behavior, with indications
                that cetaceans remained near the water surface at these times.
                Cetaceans were recorded as feeding less often when large arrays were
                active. Behavioral observations of gray whales during a seismic survey
                monitored whale movements and respirations pre- during, and post-
                seismic survey (Gailey et al., 2016). Behavioral state and water depth
                were the best `natural' predictors of whale movements and respiration
                and, after considering natural variation, none of the response
                variables were significantly associated with seismic survey or vessel
                sounds.
                 Stress Responses--An animal's perception of a threat may be
                sufficient to trigger stress responses consisting of some combination
                of behavioral responses, autonomic nervous system responses,
                neuroendocrine responses, or immune responses (e.g., Seyle 1950; Moberg
                2000). In many cases, an animal's first and sometimes most economical
                (in terms of energetic costs) response is behavioral avoidance of the
                potential stressor. Autonomic nervous system responses to stress
                typically involve changes in heart rate, blood pressure, and
                gastrointestinal activity. These responses have a relatively short
                duration and may or may not have a significant long-term effect on an
                animal's fitness.
                 Neuroendocrine stress responses often involve the hypothalamus-
                pituitary-adrenal system. Virtually all neuroendocrine functions that
                are affected by stress--including immune competence, reproduction,
                metabolism, and behavior--are regulated by pituitary hormones. Stress-
                induced changes in the secretion of pituitary hormones have been
                implicated in failed reproduction, altered metabolism, reduced immune
                competence, and behavioral disturbance (e.g., Moberg 1987; Blecha
                2000). Increases in the circulation of glucocorticoids are also equated
                with stress (Romano et al., 2004).
                 The primary distinction between stress (which is adaptive and does
                not normally place an animal at risk) and ``distress'' is the cost of
                the response. During a stress response, an animal uses glycogen stores
                that can be quickly replenished once the stress is alleviated. In such
                circumstances, the cost of the stress response would not pose serious
                fitness consequences. However, when an animal does not have sufficient
                energy reserves to satisfy the energetic costs of a stress response,
                energy resources must be diverted from other functions. This state of
                distress will last until the animal replenishes its energetic reserves
                sufficiently to restore normal function.
                 Relationships between these physiological mechanisms, animal
                behavior, and the costs of stress responses are well-studied through
                controlled experiments and for both laboratory and free-ranging animals
                (e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003;
                Krausman et al., 2004; Lankford et al., 2005). Stress responses due to
                exposure to anthropogenic sounds or other stressors and their effects
                on marine mammals have also been reviewed (Fair and Becker 2000; Romano
                et al., 2002b) and, more rarely, studied in wild populations (e.g.,
                Romano et al., 2002a). For example, Rolland et al. (2012) found that
                noise reduction from reduced ship traffic in the Bay of Fundy was
                associated with decreased stress in North Atlantic right whales. These
                and other studies lead to a reasonable expectation that some marine
                mammals will experience physiological stress responses upon exposure to
                acoustic stressors and that it is possible that some of these would be
                classified as ``distress.'' In addition, any animal experiencing TTS
                would likely also experience stress responses (NRC, 2003).
                 Auditory Masking--Sound can disrupt behavior through masking, or
                interfering with, an animal's ability to detect, recognize, or
                discriminate between acoustic signals of interest (e.g., those used for
                intraspecific communication and social interactions, prey detection,
                predator avoidance, navigation) (Richardson et al., 1995; Erbe et al.,
                2016). Masking occurs when the receipt of a sound is interfered with by
                another coincident sound at similar frequencies and at similar or
                higher intensity, and may occur whether the sound is natural (e.g.,
                snapping shrimp, wind, waves, precipitation) or anthropogenic (e.g.,
                shipping, sonar, seismic exploration) in origin. The ability of a noise
                source to mask biologically important sounds depends on the
                characteristics of both the noise source and the signal of interest
                (e.g., signal-to-noise ratio, temporal variability, direction), in
                relation to each other and to an animal's hearing abilities (e.g.,
                sensitivity, frequency range, critical ratios, frequency
                discrimination, directional discrimination, age or TTS hearing loss),
                and existing ambient noise and propagation conditions.
                 Under certain circumstances, marine mammals experiencing
                significant masking could also be impaired from maximizing their
                performance fitness in survival and reproduction. Therefore, when the
                coincident (masking) sound is man-made, it may be considered harassment
                when disrupting or altering critical behaviors. It is important to
                distinguish TTS and PTS, which persist after the sound exposure, from
                masking, which occurs during the sound exposure. Because masking
                (without resulting in TS) is not associated with abnormal physiological
                function, it is not considered a physiological effect, but rather a
                potential behavioral effect.
                 The frequency range of the potentially masking sound is important
                in determining any potential behavioral impacts. For example, low-
                frequency signals may have less effect on high-frequency echolocation
                sounds produced by odontocetes but are more likely to affect detection
                of mysticete communication calls and other potentially important
                natural sounds such as those produced by surf and some prey species.
                The masking of communication signals by anthropogenic noise may be
                considered as a reduction in the communication space of animals (e.g.,
                Clark et al., 2009) and may result in energetic or other costs as
                animals change their vocalization behavior (e.g., Miller et al., 2000;
                Foote et al., 2004; Parks et al., 2007; Di Iorio and Clark 2009; Holt
                et al., 2009). Masking can be reduced in situations where the signal
                and noise come from different directions (Richardson et al., 1995),
                through amplitude modulation of the signal, or through other
                compensatory behaviors (Houser and Moore 2014). Masking can be tested
                directly in captive species (e.g., Erbe 2008), but in wild populations
                it must be either modeled or inferred from evidence of masking
                compensation. There are few studies addressing real-world masking
                sounds likely to be experienced by marine mammals in the wild (e.g.,
                Branstetter et al., 2013).
                 Masking affects both senders and receivers of acoustic signals and
                can potentially have long-term chronic effects on marine mammals at the
                population level as well as at the individual level. Low-frequency
                ambient sound levels have increased by as much as 20 dB (more than
                three times in terms of SPL) in the world's ocean from pre-industrial
                periods, with most of the increase from distant commercial shipping
                (Hildebrand 2009). All anthropogenic sound sources, but especially
                chronic and lower-frequency signals (e.g., from vessel traffic),
                [[Page 26956]]
                contribute to elevated ambient sound levels, thus intensifying masking.
                 Masking effects of pulsed sounds (even from large arrays of
                airguns) on marine mammal calls and other natural sounds are expected
                to be limited, although there are few specific data on this. Because of
                the intermittent nature and low duty cycle of seismic pulses, animals
                can emit and receive sounds in the relatively quiet intervals between
                pulses. However, in exceptional situations, reverberation occurs for
                much or all of the interval between pulses (e.g., Simard et al., 2005;
                Clark and Gagnon 2006), which could mask calls. Situations with
                prolonged strong reverberation are infrequent. However, it is common
                for reverberation to cause some lesser degree of elevation of the
                background level between airgun pulses (e.g., Gedamke 2011; Guerra et
                al., 2011, 2016; Klinck et al., 2012; Guan et al., 2015), and this
                weaker reverberation presumably reduces the detection range of calls
                and other natural sounds to some degree. Guerra et al. (2016) reported
                that ambient noise levels between seismic pulses were elevated as a
                result of reverberation at ranges of 50 km from the seismic source.
                Based on measurements in deep water of the Southern Ocean, Gedamke
                (2011) estimated that the slight elevation of background levels during
                intervals between pulses reduced blue and fin whale communication space
                by as much as 36-51 percent when a seismic survey was operating 450-
                2,800 km away. Based on preliminary modeling, Wittekind et al. (2016)
                reported that airgun sounds could reduce the communication range of
                blue and fin whales 2000 km from the seismic source. Nieukirk et al.
                (2012) and Blackwell et al. (2013) noted the potential for masking
                effects from seismic surveys on large whales.
                 Some baleen and toothed whales are known to continue calling in the
                presence of seismic pulses, and their calls usually can be heard
                between the pulses (e.g., Nieukirk et al. 2012; Thode et al. 2012;
                Br[ouml]ker et al. 2013; Sciacca et al. 2016). As noted above, Cerchio
                et al. (2014) suggested that the breeding display of humpback whales
                off Angola could be disrupted by seismic sounds, as singing activity
                declined with increasing received levels. In addition, some cetaceans
                are known to change their calling rates, shift their peak frequencies,
                or otherwise modify their vocal behavior in response to airgun sounds
                (e.g., Di Iorio and Clark 2010; Castellote et al. 2012; Blackwell et
                al. 2013, 2015). The hearing systems of baleen whales are undoubtedly
                more sensitive to low-frequency sounds than are the ears of the small
                odontocetes that have been studied directly (e.g., MacGillivray et al.
                2014). The sounds important to small odontocetes are predominantly at
                much higher frequencies than are the dominant components of airgun
                sounds, thus limiting the potential for masking. In general, masking
                effects of seismic pulses are expected to be minor, given the normally
                intermittent nature of seismic pulses.
                Ship Noise
                 Vessel noise from the Langseth could affect marine animals in the
                proposed survey areas. Houghton et al. (2015) proposed that vessel
                speed is the most important predictor of received noise levels, and
                Putland et al. (2017) also reported reduced sound levels with decreased
                vessel speed. Sounds produced by large vessels generally dominate
                ambient noise at frequencies from 20 to 300 Hz (Richardson et al.
                1995). However, some energy is also produced at higher frequencies
                (Hermannsen et al. 2014); low levels of high-frequency sound from
                vessels has been shown to elicit responses in harbor porpoise (Dyndo et
                al. 2015). Increased levels of ship noise have been shown to affect
                foraging by porpoise (Teilmann et al. 2015; Wisniewska et al. 2018);
                Wisniewska et al. (2018) suggest that a decrease in foraging success
                could have long-term fitness consequences.
                 Ship noise, through masking, can reduce the effective communication
                distance of a marine mammal if the frequency of the sound source is
                close to that used by the animal, and if the sound is present for a
                significant fraction of time (e.g., Richardson et al. 1995; Clark et
                al. 2009; Jensen et al. 2009; Gervaise et al. 2012; Hatch et al. 2012;
                Rice et al. 2014; Dunlop 2015; Erbe et al. 2015; Jones et al. 2017;
                Putland et al. 2017). In addition to the frequency and duration of the
                masking sound, the strength, temporal pattern, and location of the
                introduced sound also play a role in the extent of the masking
                (Branstetter et al. 2013, 2016; Finneran and Branstetter 2013; Sills et
                al. 2017). Branstetter et al. (2013) reported that time-domain metrics
                are also important in describing and predicting masking. In order to
                compensate for increased ambient noise, some cetaceans are known to
                increase the source levels of their calls in the presence of elevated
                noise levels from shipping, shift their peak frequencies, or otherwise
                change their vocal behavior (e.g., Parks et al. 2011, 2012, 2016a, b;
                Castellote et al. 2012; Melc[oacute]n et al. 2012; Azzara et al. 2013;
                Tyack and Janik 2013; Lu[iacute]s et al. 2014; Sairanen 2014; Papale et
                al. 2015; Bittencourt et al. 2016; Dahlheim and Castellote 2016;
                Gospi[cacute] and Picciulin 2016; Gridley et al. 2016; Heiler et al.
                2016; Martins et al. 2016; O'Brien et al. 2016; Tenessen and Parks
                2016). Harp seals did not increase their call frequencies in
                environments with increased low-frequency sounds (Terhune and Bosker
                2016). Holt et al. (2015) reported that changes in vocal modifications
                can have increased energetic costs for individual marine mammals. A
                negative correlation between the presence of some cetacean species and
                the number of vessels in an area has been demonstrated by several
                studies (e.g., Campana et al. 2015; Culloch et al. 2016).
                 Baleen whales are thought to be more sensitive to sound at these
                low frequencies than are toothed whales (e.g., MacGillivray et al.
                2014), possibly causing localized avoidance of the proposed survey area
                during seismic operations. Reactions of gray and humpback whales to
                vessels have been studied, and there is limited information available
                about the reactions of right whales and rorquals (fin, blue, and minke
                whales). Reactions of humpback whales to boats are variable, ranging
                from approach to avoidance (Payne 1978; Salden 1993). Baker et al.
                (1982, 1983) and Baker and Herman (1989) found humpbacks often move
                away when vessels are within several kilometers. Humpbacks seem less
                likely to react overtly when actively feeding than when resting or
                engaged in other activities (Krieger and Wing 1984, 1986). Increased
                levels of ship noise have been shown to affect foraging by humpback
                whales (Blair et al. 2016). Fin whale sightings in the western
                Mediterranean were negatively correlated with the number of vessels in
                the area (Campana et al. 2015). Minke whales and gray seals have shown
                slight displacement in response to construction-related vessel traffic
                (Anderwald et al. 2013). Many odontocetes show considerable tolerance
                of vessel traffic, although they sometimes react at long distances if
                confined by ice or shallow water, if previously harassed by vessels, or
                have had little or no recent exposure to ships (Richardson et al.
                1995). Dolphins of many species tolerate and sometimes approach vessels
                (e.g., Anderwald et al. 2013). Some dolphin species approach moving
                vessels to ride the bow or stern waves (Williams et al. 1992). Pirotta
                et al. (2015) noted that the physical presence of vessels, not just
                ship noise, disturbed the foraging activity of bottlenose dolphins.
                Sightings of striped dolphin, Risso's dolphin, sperm whale,
                [[Page 26957]]
                and Cuvier's beaked whale in the western Mediterranean were negatively
                correlated with the number of vessels in the area (Campana et al.
                2015).
                 There are few data on the behavioral reactions of beaked whales to
                vessel noise, though they seem to avoid approaching vessels (e.g.,
                W[uuml]rsig et al. 1998) or dive for an extended period when approached
                by a vessel (e.g., Kasuya 1986). Based on a single observation, Aguilar
                Soto et al. (2006) suggest foraging efficiency of Cuvier's beaked
                whales may be reduced by close approach of vessels.
                 In summary, project vessel sounds would not be at levels expected
                to cause anything more than possible localized and temporary behavioral
                changes in marine mammals, and would not be expected to result in
                significant negative effects on individuals or at the population level.
                In addition, in all oceans of the world, large vessel traffic is
                currently so prevalent that it is commonly considered a usual source of
                ambient sound (NSF-USGS 2011).
                Ship Strike
                 Vessel collisions with marine mammals, or ship strikes, can result
                in death or serious injury of the animal. Wounds resulting from ship
                strike may include massive trauma, hemorrhaging, broken bones, or
                propeller lacerations (Knowlton and Kraus, 2001). An animal at the
                surface may be struck directly by a vessel, a surfacing animal may hit
                the bottom of a vessel, or an animal just below the surface may be cut
                by a vessel's propeller. Superficial strikes may not kill or result in
                the death of the animal. These interactions are typically associated
                with large whales (e.g., fin whales), which are occasionally found
                draped across the bulbous bow of large commercial ships upon arrival in
                port. Although smaller cetaceans are more maneuverable in relation to
                large vessels than are large whales, they may also be susceptible to
                strike. The severity of injuries typically depends on the size and
                speed of the vessel, with the probability of death or serious injury
                increasing as vessel speed increases (Knowlton and Kraus 2001; Laist et
                al. 2001; Vanderlaan and Taggart 2007; Conn and Silber 2013). Impact
                forces increase with speed, as does the probability of a strike at a
                given distance (Silber et al. 2010; Gende et al. 2011).
                 Pace and Silber (2005) also found that the probability of death or
                serious injury increased rapidly with increasing vessel speed.
                Specifically, the predicted probability of serious injury or death
                increased from 45 to 75 percent as vessel speed increased from 10 to 14
                kn, and exceeded 90 percent at 17 kn. Higher speeds during collisions
                result in greater force of impact, but higher speeds also appear to
                increase the chance of severe injuries or death through increased
                likelihood of collision by pulling whales toward the vessel (Clyne
                1999; Knowlton et al. 1995). In a separate study, Vanderlaan and
                Taggart (2007) analyzed the probability of lethal mortality of large
                whales at a given speed, showing that the greatest rate of change in
                the probability of a lethal injury to a large whale as a function of
                vessel speed occurs between 8.6 and 15 kn. The chances of a lethal
                injury decline from approximately 80 percent at 15 kn to approximately
                20 percent at 8.6 kn. At speeds below 11.8 kn, the chances of lethal
                injury drop below 50 percent, while the probability asymptotically
                increases toward one hundred percent above 15 kn.
                 The Langseth travels at a speed of 4.1 kn (7.6 km/h) while towing
                seismic survey gear (LGL 2018). At this speed, both the possibility of
                striking a marine mammal and the possibility of a strike resulting in
                serious injury or mortality are discountable. At average transit speed,
                the probability of serious injury or mortality resulting from a strike
                is less than 50 percent. However, the likelihood of a strike actually
                happening is again discountable. Ship strikes, as analyzed in the
                studies cited above, generally involve commercial shipping, which is
                much more common in both space and time than is geophysical survey
                activity. Jensen and Silber (2004) summarized ship strikes of large
                whales worldwide from 1975-2003 and found that most collisions occurred
                in the open ocean and involved large vessels (e.g., commercial
                shipping). No such incidents were reported for geophysical survey
                vessels during that time period.
                 It is possible for ship strikes to occur while traveling at slow
                speeds. For example, a hydrographic survey vessel traveling at low
                speed (5.5 kn) while conducting mapping surveys off the central
                California coast struck and killed a blue whale in 2009. The State of
                California determined that the whale had suddenly and unexpectedly
                surfaced beneath the hull, with the result that the propeller severed
                the whale's vertebrae, and that this was an unavoidable event. This
                strike represents the only such incident in approximately 540,000 hours
                of similar coastal mapping activity (p = 1.9 x 10-6; 95% CI
                = 0-5.5 x 10-6; NMFS 2013b). In addition, a research vessel
                reported a fatal strike in 2011 of a dolphin in the Atlantic,
                demonstrating that it is possible for strikes involving smaller
                cetaceans to occur. In that case, the incident report indicated that an
                animal apparently was struck by the vessel's propeller as it was
                intentionally swimming near the vessel. While indicative of the type of
                unusual events that cannot be ruled out, neither of these instances
                represents a circumstance that would be considered reasonably
                foreseeable or that would be considered preventable.
                 Although the likelihood of the vessel striking a marine mammal is
                low, we require a robust ship strike avoidance protocol (see ``Proposed
                Mitigation''), which we believe eliminates any foreseeable risk of ship
                strike. We anticipate that vessel collisions involving a seismic data
                acquisition vessel towing gear, while not impossible, represent
                unlikely, unpredictable events for which there are no preventive
                measures. Given the required mitigation measures, the relatively slow
                speed of the vessel towing gear, the presence of bridge crew watching
                for obstacles at all times (including marine mammals), and the presence
                of marine mammal observers, we believe that the possibility of ship
                strike is discountable and, further, that were a strike of a large
                whale to occur, it would be unlikely to result in serious injury or
                mortality. No incidental take resulting from ship strike is
                anticipated, and this potential effect of the specified activity will
                not be discussed further in the following analysis.
                 Stranding--When a living or dead marine mammal swims or floats onto
                shore and becomes ``beached'' or incapable of returning to sea, the
                event is a ``stranding'' (Geraci et al., 1999; Perrin and Geraci 2002;
                Geraci and Lounsbury 2005; NMFS 2007). The legal definition for a
                stranding under the MMPA is that ``(A) a marine mammal is dead and is
                (i) on a beach or shore of the United States; or (ii) in waters under
                the jurisdiction of the United States (including any navigable waters);
                or (B) a marine mammal is alive and is (i) on a beach or shore of the
                United States and is unable to return to the water; (ii) on a beach or
                shore of the United States and, although able to return to the water,
                is in need of apparent medical attention; or (iii) in the waters under
                the jurisdiction of the United States (including any navigable waters),
                but is unable to return to its natural habitat under its own power or
                without assistance.''
                 Marine mammals strand for a variety of reasons, such as infectious
                agents, biotoxicosis, starvation, fishery interaction, ship strike,
                unusual oceanographic or weather events, sound exposure, or
                combinations of these stressors sustained concurrently or in
                [[Page 26958]]
                series. However, the cause or causes of most strandings are unknown
                (Geraci et al., 1976; Eaton 1979; Odell et al., 1980; Best 1982).
                Numerous studies suggest that the physiology, behavior, habitat
                relationships, age, or condition of cetaceans may cause them to strand
                or might pre-dispose them to strand when exposed to another phenomenon.
                These suggestions are consistent with the conclusions of numerous other
                studies that have demonstrated that combinations of dissimilar
                stressors commonly combine to kill an animal or dramatically reduce its
                fitness, even though one exposure without the other does not produce
                the same result (Chroussos 2000; Creel 2005; DeVries et al., 2003; Fair
                and Becker 2000; Foley et al., 2001; Moberg 2000; Relyea 2005a, 2005b;
                Romero 2004; Sih et al., 2004).
                 Use of military tactical sonar has been implicated in a majority of
                investigated stranding events. Most known stranding events have
                involved beaked whales, though a small number have involved deep-diving
                delphinids or sperm whales (e.g., Mazzariol et al., 2010; Southall et
                al., 2013). In general, long duration (~1 second) and high-intensity
                sounds (>235 dB SPL) have been implicated in stranding events
                (Hildebrand 2004). With regard to beaked whales, mid-frequency sound is
                typically implicated (when causation can be determined) (Hildebrand,
                2004). Although seismic airguns create predominantly low-frequency
                energy, the signal does include a mid-frequency component. We have
                considered the potential for the proposed surveys to result in marine
                mammal stranding and have concluded that, based on the best available
                information, stranding is not expected to occur.
                 Effects to Prey--Marine mammal prey varies by species, season, and
                location and, for some, is not well documented. Fish react to sounds
                which are especially strong and/or intermittent low-frequency sounds.
                Short duration, sharp sounds can cause overt or subtle changes in fish
                behavior and local distribution. Hastings and Popper (2005) identified
                several studies that suggest fish may relocate to avoid certain areas
                of sound energy. Additional studies have documented effects of pulsed
                sound on fish, although several are based on studies in support of
                construction projects (e.g., Scholik and Yan 2001, 2002; Popper and
                Hastings 2009). Sound pulses at received levels of 160 dB may cause
                subtle changes in fish behavior. SPLs of 180 dB may cause noticeable
                changes in behavior (Pearson et al., 1992; Skalski et al., 1992). SPLs
                of sufficient strength have been known to cause injury to fish and fish
                mortality. The most likely impact to fish from survey activities at the
                project area would be temporary avoidance of the area. The duration of
                fish avoidance of a given area after survey effort stops is unknown,
                but a rapid return to normal recruitment, distribution and behavior is
                anticipated.
                 Information on seismic airgun impacts to zooplankton, which
                represent an important prey type for mysticetes, is limited. However,
                McCauley et al. (2017) reported that experimental exposure to a pulse
                from a 150 in\3\ airgun decreased zooplankton abundance when compared
                with controls, as measured by sonar and net tows, and caused a two- to
                threefold increase in dead adult and larval zooplankton. Although no
                adult krill were present, the study found that all larval krill were
                killed after air gun passage. Impacts were observed out to the maximum
                1.2 km range sampled.
                 In general, impacts to marine mammal prey are expected to be
                limited due to the relatively small temporal and spatial overlap
                between the proposed survey and any areas used by marine mammal prey
                species. The proposed use of airguns as part of an active seismic array
                survey would occur over a relatively short time period (~19 days) at
                two locations and would occur over a very small area relative to the
                area available as marine mammal habitat in the northeast Pacific Ocean
                near the Axial Seamount. We believe any impacts to marine mammals due
                to adverse effects to their prey would be insignificant due to the
                limited spatial and temporal impact of the proposed survey. However,
                adverse impacts may occur to a few species of fish and to zooplankton.
                 Acoustic Habitat--Acoustic habitat is the soundscape--which
                encompasses all of the sound present in a particular location and time,
                as a whole--when considered from the perspective of the animals
                experiencing it. Animals produce sound for, or listen for sounds
                produced by, conspecifics (communication during feeding, mating, and
                other social activities), other animals (finding prey or avoiding
                predators), and the physical environment (finding suitable habitats,
                navigating). Together, sounds made by animals and the geophysical
                environment (e.g., produced by earthquakes, lightning, wind, rain,
                waves) make up the natural contributions to the total acoustics of a
                place. These acoustic conditions, termed acoustic habitat, are one
                attribute of an animal's total habitat.
                 Soundscapes are also defined by, and acoustic habitat influenced
                by, the total contribution of anthropogenic sound. This may include
                incidental emissions from sources such as vessel traffic, or may be
                intentionally introduced to the marine environment for data acquisition
                purposes (as in the use of airgun arrays). Anthropogenic noise varies
                widely in its frequency content, duration, and loudness and these
                characteristics greatly influence the potential habitat-mediated
                effects to marine mammals (please see also the previous discussion on
                masking under ``Acoustic Effects''), which may range from local effects
                for brief periods of time to chronic effects over large areas and for
                long durations. Depending on the extent of effects to habitat, animals
                may alter their communications signals (thereby potentially expending
                additional energy) or miss acoustic cues (either conspecific or
                adventitious). For more detail on these concepts see, e.g., Barber et
                al., 2010; Pijanowski et al., 2011; Francis and Barber 2013; Lillis et
                al., 2014.
                 Problems arising from a failure to detect cues are more likely to
                occur when noise stimuli are chronic and overlap with biologically
                relevant cues used for communication, orientation, and predator/prey
                detection (Francis and Barber 2013). Although the signals emitted by
                seismic airgun arrays are generally low frequency, they would also
                likely be of short duration and transient in any given area due to the
                nature of these surveys. As described previously, exploratory surveys
                such as these cover a large area but would be transient rather than
                focused in a given location over time and therefore would not be
                considered chronic in any given location.
                 In summary, activities associated with the proposed action are not
                likely to have a permanent, adverse effect on any fish habitat or
                populations of fish species or on the quality of acoustic habitat.
                Thus, any impacts to marine mammal habitat are not expected to cause
                significant or long-term consequences for individual marine mammals or
                their populations.
                Estimated Take
                 This section provides an estimate of the number of incidental takes
                proposed for authorization through this IHA, which will inform both
                NMFS' consideration of ``small numbers'' and the negligible impact
                determination.
                 Harassment is the only type of take expected to result from these
                activities. Except with respect to certain activities not pertinent
                here, section 3(18) of the MMPA defines ``harassment'' as any act of
                pursuit, torment, or annoyance, which (i) has the potential to injure a
                marine mammal or marine mammal
                [[Page 26959]]
                stock in the wild (Level A harassment); or (ii) has the potential to
                disturb a marine mammal or marine mammal stock in the wild by causing
                disruption of behavioral patterns, including, but not limited to,
                migration, breathing, nursing, breeding, feeding, or sheltering (Level
                B harassment).
                 Authorized takes would primarily be by Level B harassment, as use
                of seismic airguns has the potential to result in disruption of
                behavioral patterns for individual marine mammals. There is also some
                potential for auditory injury (Level A harassment) for mysticetes and
                high frequency cetaceans (i.e., kogiidae spp.), due to larger predicted
                auditory injury zones for those functional hearing groups. The proposed
                mitigation and monitoring measures are expected to minimize the
                severity of such taking to the extent practicable.
                 Auditory injury is unlikely to occur for mid-frequency cetaceans,
                otariid pinnipeds, and phocid pinnipeds given very small modeled zones
                of injury for those species (up to 43.7 m). Moreover, the source level
                of the array is a theoretical definition assuming a point source and
                measurement in the far-field of the source (MacGillivray, 2006). As
                described by Caldwell and Dragoset (2000), an array is not a point
                source, but one that spans a small area. In the far-field, individual
                elements in arrays will effectively work as one source because
                individual pressure peaks will have coalesced into one relatively broad
                pulse. The array can then be considered a ``point source.'' For
                distances within the near-field, i.e., approximately 2-3 times the
                array dimensions, pressure peaks from individual elements do not arrive
                simultaneously because the observation point is not equidistant from
                each element. The effect is destructive interference of the outputs of
                each element, so that peak pressures in the near-field will be
                significantly lower than the output of the largest individual element.
                Here, the 230 dB peak isopleth distances would in all cases be expected
                to be within the near-field of the array where the definition of source
                level breaks down. Therefore, actual locations within this distance of
                the array center where the sound level exceeds 230 dB peak SPL would
                not necessarily exist. In general, Caldwell and Dragoset (2000) suggest
                that the near-field for airgun arrays is considered to extend out to
                approximately 250 m.
                 In order to provide quantitative support for this theoretical
                argument, we calculated expected maximum distances at which the near-
                field would transition to the far-field (Table 5). For a specific array
                one can estimate the distance at which the near-field transitions to
                the far-field by:
                [GRAPHIC] [TIFF OMITTED] TN10JN19.001
                with the condition that D > l, and where D is the distance, L is the
                longest dimension of the array, and l is the wavelength of the signal
                (Lurton 2002). Given that l can be defined by:
                [GRAPHIC] [TIFF OMITTED] TN10JN19.002
                where f is the frequency of the sound signal and v is the speed of the
                sound in the medium of interest, one can rewrite the equation for D as:
                [GRAPHIC] [TIFF OMITTED] TN10JN19.003
                and calculate D directly given a particular frequency and known speed
                of sound (here assumed to be 1,500 meters per second in water, although
                this varies with environmental conditions).
                 To determine the closest distance to the arrays at which the source
                level predictions in Table 1 are valid (i.e., maximum extent of the
                near-field), we calculated D based on an assumed frequency of 1 kHz. A
                frequency of 1 kHz is commonly used in near-field/far-field
                calculations for airgun arrays (Zykov and Carr 2014; MacGillivray 2006;
                NSF and USGS 2011), and based on representative airgun spectrum data
                and field measurements of an airgun array used on the R/V Marcus G.
                Langseth, nearly all (greater than 95 percent) of the energy from
                airgun arrays is below 1 kHz (Tolstoy et al., 2009). Thus, using 1 kHz
                as the upper cut-off for calculating the maximum extent of the near-
                field should reasonably represent the near-field extent in field
                conditions.
                 If the largest distance to the peak sound pressure level threshold
                was equal to or less than the longest dimension of the array (i.e.,
                under the array), or within the near-field, then received levels that
                meet or exceed the threshold in most cases are not expected to occur.
                This is because within the near-field and within the dimensions of the
                array, the source levels specified in Table 1 are overestimated and not
                applicable. In fact, until one reaches a distance of approximately
                three or four times the near-field distance the average intensity of
                sound at any given distance from the array is still less than that
                based on calculations that assume a directional point source (Lurton
                2002). The 6,600 in\3\ airgun array used in the 2D survey has an
                approximate diagonal of 28.8 m, resulting in a near-field distance of
                138.7 m at 1 kHz (NSF and USGS 2011). Field measurements of this array
                indicate that the source behaves like multiple discrete sources, rather
                than a directional point source, beginning at approximately 400 m (deep
                site) to 1 km (shallow site) from the center of the array (Tolstoy et
                al., 2009), distances that are actually greater than four times the
                calculated 140-m near-field distance. Within these distances, the
                recorded received levels were always lower than would be predicted
                based on calculations that assume a directional point source, and
                increasingly so as one moves closer towards the array (Tolstoy et al.,
                2009). Similarly, the 3,300 in\3\ airgun array used in the 3D survey
                has an approximate diagonal of 17.9 m, resulting in a near-field
                distance of 53.5 m at 1 kHz (NSF and USGS 2011). Given this, relying on
                the calculated distances (138.7 m for the 2D survey and 53.5 m for the
                3D survey) as the distances at which we expect to be in the near-field
                is a conservative approach since even beyond this distance the acoustic
                modeling still overestimates the actual received level. Within the
                near-field, in order to explicitly evaluate the likelihood of exceeding
                any particular acoustic threshold, one would need to consider the exact
                position of the animal, its relationship to individual array elements,
                and how the individual acoustic sources propagate and their acoustic
                fields interact. Given that within the near-field and dimensions of the
                array source levels would be below those in Table 5, we believe
                exceedance of the peak pressure threshold would only be possible under
                highly unlikely circumstances.
                 Therefore, we expect the potential for Level A harassment of mid-
                frequency cetaceans, otariid pinnipeds, and phocid pinnipeds to be de
                minimis, even before the likely moderating effects of aversion and/or
                other compensatory behaviors (e.g., Nachtigall et al., 2018) are
                considered. We do not believe that Level A harassment is a likely
                outcome for any mid-frequency cetacean, otariid pinniped, or phocid
                pinniped and do not propose to authorize any Level A harassment for
                these species.
                 As described previously, no mortality is anticipated or proposed to
                be authorized for this activity. Below we describe how the take is
                estimated.
                 Generally speaking, we estimate take by considering: (1) Acoustic
                thresholds above which NMFS believes the best available science
                indicates marine mammals will be behaviorally harassed or incur some
                degree of permanent hearing impairment; (2) the area or
                [[Page 26960]]
                volume of water that will be ensonified above these levels in a day;
                (3) the density or occurrence of marine mammals within these ensonified
                areas; and, (4) and the number of days of activities. We note that
                while these basic factors can contribute to a basic calculation to
                provide an initial prediction of takes, additional information that can
                qualitatively inform take estimates is also sometimes available (e.g.,
                previous monitoring results or average group size). Below, we describe
                the factors considered here in more detail and present the proposed
                take estimate.
                Acoustic Thresholds
                 Using the best available science, NMFS has developed acoustic
                thresholds that identify the received level of underwater sound above
                which exposed marine mammals would be reasonably expected to be
                behaviorally harassed (equated to Level B harassment) or to incur PTS
                of some degree (equated to Level A harassment).
                 Level B Harassment for non-explosive sources--Though significantly
                driven by received level, the onset of behavioral disturbance from
                anthropogenic noise exposure is also informed to varying degrees by
                other factors related to the source (e.g., frequency, predictability,
                duty cycle), the environment (e.g., bathymetry), and the receiving
                animals (hearing, motivation, experience, demography, behavioral
                context) and can be difficult to predict (Southall et al., 2007;
                Ellison et al., 2012). Based on what the available science indicates
                and the practical need to use a threshold based on a factor that is
                both predictable and measurable for most activities, NMFS uses a
                generalized acoustic threshold based on received level to estimate the
                onset of behavioral harassment. NMFS predicts that marine mammals are
                likely to be behaviorally harassed in a manner we consider Level B
                harassment when exposed to underwater anthropogenic noise above
                received levels of 120 dB re 1 [mu]Pa (rms) for continuous (e.g.,
                vibratory pile-driving, drilling) and above 160 dB re 1 [mu]Pa (rms)
                for non-explosive impulsive (e.g., seismic airguns) or intermittent
                (e.g., scientific sonar) sources. L-DEO's proposed activity includes
                the use of impulsive seismic sources. Therefore, the 160 dB re 1 [mu]Pa
                (rms) criteria is applicable for analysis of Level B harassment.
                 Level A harassment for non-explosive sources--NMFS' Technical
                Guidance for Assessing the Effects of Anthropogenic Sound on Marine
                Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual
                criteria to assess auditory injury (Level A harassment) to five
                different marine mammal groups (based on hearing sensitivity) as a
                result of exposure to noise from two different types of sources
                (impulsive or non-impulsive. L-DEO's proposed seismic survey includes
                the use of impulsive (seismic airguns) sources.
                 These thresholds are provided in the table below. The references,
                analysis, and methodology used in the development of the thresholds are
                described in NMFS 2018 Technical Guidance, which may be accessed at
                https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
                 Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
                ----------------------------------------------------------------------------------------------------------------
                 PTS onset acoustic thresholds \*\ (received level)
                 Health group ------------------------------------------------------------------------
                 Impulsive Non-impulsive
                ----------------------------------------------------------------------------------------------------------------
                Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
                 LE,LF,24h: 183 dB.
                Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
                 LE,MF,24h: 185 dB.
                High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
                 LE,HF,24h: 155 dB.
                Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB.
                 LE,PW,24h: 185 dB.
                Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB.
                 LE,OW,24h: 203 dB.
                ----------------------------------------------------------------------------------------------------------------
                * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
                 calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
                 thresholds associated with impulsive sounds, these thresholds should also be considered.
                Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
                 has a reference value of 1[micro]Pa\2\s. In this Table, thresholds are abbreviated to reflect American
                 National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as
                 incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
                 ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
                 generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
                 the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
                 and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
                 be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
                 it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
                 exceeded.
                Ensonified Area
                 Here, we describe operational and environmental parameters of the
                activity that will feed into identifying the area ensonified above the
                acoustic thresholds, which include source levels and transmission loss
                coefficient.
                 The proposed 3D survey would acquire data with the 18-airgun array
                with a total discharge of 3,300 in\3\ towed at a depth of 10 m. The
                proposed 2D survey would acquire data using the 36-airgun array with a
                total discharge of 6,600 in\3\ at a maximum tow depth of 12 m. L-DEO
                model results are used to determine the 160-dBrms radius for the 18-
                airgun array, 36-airgun array, and 40-in\3\ airgun in deep water
                (>1,000 m) down to a maximum water depth of 2,000 m. Received sound
                levels were predicted by L-DEO's model (Diebold et al., 2010) which
                uses ray tracing for the direct wave traveling from the array to the
                receiver and its associated source ghost (reflection at the air-water
                interface in the vicinity of the array), in a constant-velocity half-
                space (infinite homogeneous ocean layer, unbounded by a seafloor). In
                addition, propagation measurements of pulses from the 36-airgun array
                at a tow depth of 6 m have been reported in deep water (approximately
                1,600 m), intermediate water depth on the slope (approximately 600-
                1,100 m), and shallow water (approximately 50 m) in the Gulf of Mexico
                in 2007-2008 (Tolstoy et al., 2009; Diebold et al., 2010).
                 For deep and intermediate-water cases, the field measurements
                cannot be used readily to derive Level A and Level B isopleths, as at
                those sites the calibration hydrophone was located at a roughly
                constant depth of 350-500 m, which may not intersect all the sound
                pressure level (SPL) isopleths at their widest point from the sea
                surface down
                [[Page 26961]]
                to the maximum relevant water depth for marine mammals of ~2,000 m. At
                short ranges, where the direct arrivals dominate and the effects of
                seafloor interactions are minimal, the data recorded at the deep and
                slope sites are suitable for comparison with modeled levels at the
                depth of the calibration hydrophone. At longer ranges, the comparison
                with the model--constructed from the maximum SPL through the entire
                water column at varying distances from the airgun array--is the most
                relevant.
                 In deep and intermediate-water depths, comparisons at short ranges
                between sound levels for direct arrivals recorded by the calibration
                hydrophone and model results for the same array tow depth are in good
                agreement (Fig. 12 and 14 in Appendix H of NSF-USGS, 2011).
                Consequently, isopleths falling within this domain can be predicted
                reliably by the L-DEO model, although they may be imperfectly sampled
                by measurements recorded at a single depth. At greater distances, the
                calibration data show that seafloor-reflected and sub-seafloor-
                refracted arrivals dominate, whereas the direct arrivals become weak
                and/or incoherent. Aside from local topography effects, the region
                around the critical distance is where the observed levels rise closest
                to the model curve. However, the observed sound levels are found to
                fall almost entirely below the model curve. Thus, analysis of the Gulf
                of Mexico calibration measurements demonstrates that although simple,
                the L-DEO model is a robust tool for conservatively estimating
                isopleths.
                 For deep water (>1,000 m), L-DEO used the deep-water radii obtained
                from model results down to a maximum water depth of 2000 m. The radii
                for intermediate water depths (100-1,000 m) were derived from the deep-
                water ones by applying a correction factor (multiplication) of 1.5,
                such that observed levels at very near offsets fall below the corrected
                mitigation curve (See Fig. 16 in Appendix H of NSF-USGS, 2011).
                 Measurements have not been reported for the single 40-in\3\ airgun.
                L-DEO model results are used to determine the 160-dB (rms) radius for
                the 40-in\3\ airgun at a 12 m tow depth in deep water (See LGL 2018,
                Figure A-2). For intermediate-water depths, a correction factor of 1.5
                was applied to the deep-water model results.
                 L-DEO's modeling methodology is described in greater detail in the
                IHA application (LGL 2018). The estimated distances to the Level B
                harassment isopleth for the Langseth's 18-airgun array, 36-airgun
                array, and single 40-in\3\ airgun are shown in Table 4.
                Table 4--Predicted Radial Distances From R/V Langseth Seismic Sources to
                 Isopleths Corresponding to Level B Harassment Threshold
                ------------------------------------------------------------------------
                 Distance (m)
                 Source and volume Tow depth (m) \a\
                ------------------------------------------------------------------------
                Single Bolt airgun (40 in\3\)........... 12 431
                2 strings, 18 airguns (3,300 in\3\)..... 10 3,758
                4 strings, 36 airguns (6,600 in\3\)..... 12 6,733
                ------------------------------------------------------------------------
                \a\ Distance based on L-DEO model results.
                 Predicted distances to Level A harassment isopleths, which vary
                based on marine mammal hearing groups, were calculated based on
                modeling performed by L-DEO using the NUCLEUS software program and the
                NMFS User Spreadsheet, described below. The updated acoustic thresholds
                for impulsive sounds (e.g., airguns) contained in the Technical
                Guidance were presented as dual metric acoustic thresholds using both
                SELcum and peak sound pressure metrics (NMFS 2016). As dual
                metrics, NMFS considers onset of PTS (Level A harassment) to have
                occurred when either one of the two metrics is exceeded (i.e., metric
                resulting in the largest isopleth). The SELcum metric
                considers both level and duration of exposure, as well as auditory
                weighting functions by marine mammal hearing group. In recognition of
                the fact that the requirement to calculate Level A harassment
                ensonified areas could be more technically challenging to predict due
                to the duration component and the use of weighting functions in the new
                SELcum thresholds, NMFS developed an optional User
                Spreadsheet that includes tools to help predict a simple isopleth that
                can be used in conjunction with marine mammal density or occurrence to
                facilitate the estimation of take numbers.
                 The values for SELcum and peak SPL for the Langseth
                airgun array were derived from calculating the modified far-field
                signature (Table 5). The farfield signature is often used as a
                theoretical representation of the source level. To compute the farfield
                signature, the source level is estimated at a large distance below the
                array (e.g., 9 km), and this level is back projected mathematically to
                a notional distance of 1 m from the array's geometrical center.
                However, when the source is an array of multiple airguns separated in
                space, the source level from the theoretical farfield signature is not
                necessarily the best measurement of the source level that is physically
                achieved at the source (Tolstoy et al. 2009). Near the source (at short
                ranges, distances cum thresholds.
                 Inputs to the User Spreadsheets in the form of estimated SLs are
                shown in Table 5. User Spreadsheets used by L-DEO to estimate distances
                to Level A harassment isopleths for the 18-airgun array, 36-airgun
                array, and single 40 in\3\ airgun for the surveys are shown in Tables
                A-3, A-6, and A-10 in Appendix A of the IHA application. Outputs from
                the User Spreadsheets in the form of estimated distances to Level A
                harassment isopleths for the surveys are shown in Table 6. As described
                above, NMFS considers onset of PTS (Level A harassment) to have
                occurred when either one of the dual metrics (SELcum and
                Peak SPLflat) is exceeded (i.e., metric resulting in the
                largest isopleth).
                 Table 6--Modeled Radial Distances (m) to Isopleths Corresponding to Level A Harassment Thresholds
                ----------------------------------------------------------------------------------------------------------------
                 Phocid Otariid
                 Source and volume LF cetaceans MF cetaceans HF cetaceans pinnipeds pinnipeds
                ----------------------------------------------------------------------------------------------------------------
                Single Bolt airgun (40 in\3\):
                 \a\
                 PTS SELcum.................. 0.5 0 0 0 0
                 PTS Peak.................... 1.76 0.51 12.5 1.98 0.4
                2 strings, 18 airguns (3300
                 in\3\):
                 PTS SELcum.................. 75.6 0 0.3 2.9 0
                 PTS Peak.................... 23.2 11.2 118.7 25.1 9.9
                4 strings, 36 airguns (6600
                 in\3\):
                 PTS SELcum.................. 426.9 0 1.3 13.9 0
                 PTS Peak.................... 38.9 13.6 268.3 43.7 10.6
                ----------------------------------------------------------------------------------------------------------------
                 Note that because of some of the assumptions included in the
                methods used, isopleths produced may be overestimates to some degree,
                which will ultimately result in some degree of overestimate of Level A
                harassment. However, these tools offer the best way to predict
                appropriate isopleths when more sophisticated modeling methods are not
                available, and NMFS continues to develop ways to quantitatively refine
                these tools and will qualitatively address the output where
                appropriate. For mobile sources, such as the proposed seismic survey,
                the User Spreadsheet predicts the closest distance at which a
                stationary animal would not incur PTS if the sound source traveled by
                the animal in a straight line at a constant speed.
                Marine Mammal Occurrence
                 In this section we provide the information about the presence,
                density, or group dynamics of marine mammals that will inform the take
                calculations.
                 In developing their IHA application, L-DEO utilized estimates of
                cetacean densities in the survey area synthesized by Barlow (2016).
                Observations from NMFS Southwest Fisheries Science Center (SWFSC) ship
                surveys off of Oregon and Washington (up to 556 km from shore) between
                1991 and 2014 were pooled. Systematic, offshore, at-sea survey data for
                pinnipeds are more limited. To calculate pinniped densities in the
                survey area, L-DEO utilized methods described in U.S. Navy (2010) which
                calculated density estimates for pinnipeds off Washington at different
                times of the year using information on breeding and migration,
                population estimates from shore counts, and areas used by different
                species while at sea. The densities calculated by the Navy were updated
                by L-DEO using stock abundances presented in the latest SARs (e.g.,
                Caretta et al., 2018).
                 While the IHA application was in review by NMFS, the U.S. Navy
                published the Marine Species Density Database Phase III for the
                Northwest Training and Testing (NWTT) Study
                [[Page 26963]]
                Area (Navy 2018). The proposed geophysical survey area is located near
                the western boundary of the defined NWTT Offshore Study Area.
                 For several cetacean species, the Navy updated densities estimated
                by line-transect surveys or mark-recapture studies (e.g., Barlow 2016).
                These methods usually produce a single value for density that is an
                averaged estimate across very large geographical areas, such as waters
                within the U.S. EEZ off California, Oregon, and Washington (referred to
                as a ``uniform'' density estimate). This is the general approach
                applied in estimating cetacean abundance in the NMFS stock assessment
                reports. The disadvantage of these methods is that they do not provide
                information on varied concentrations of species in sub-regions of very
                large areas, and do not estimate density for other seasons or
                timeframes that were not surveyed. More recently, a newer method called
                spatial habitat modeling has been used to estimate cetacean densities
                that address some of these shortcomings (e.g., Barlow et al., 2009;
                Becker et al., 2010, 2012a, 2014; Becker et al., 2016; Ferguson et al.,
                2006; Forney et al., 2012, 2015; Redfern et al., 2006). (Note that
                spatial habitat models are also referred to as ``species distribution
                models'' or ``habitat-based density models.'') These models estimate
                density as a continuous function of habitat variables (e.g., sea
                surface temperature, seafloor depth) and thus, within the study area
                that was modeled, densities can be predicted at all locations where
                these habitat variables can be measured or estimated. Spatial habitat
                models therefore allow estimates of cetacean densities on finer scales
                than traditional line-transect or mark-recapture analyses.
                 The methods used to estimate pinniped at-sea densities are
                typically different than those used for cetaceans, because pinnipeds
                are not limited to the water and spend a significant amount of time on
                land (e.g., at rookeries). Pinniped abundance is generally estimated
                via shore counts of animals on land at known haulout sites or by
                counting number of pups weaned at rookeries and applying a correction
                factor to estimate the abundance of the population (for example Harvey
                et al., 1990; Jeffries et al., 2003; Lowry 2002; Sepulveda et al.,
                2009). Estimating in-water densities from land-based counts is
                difficult given the variability in foraging ranges, migration, and
                haulout behavior between species and within each species, and is driven
                by factors such as age class, sex class, breeding cycles, and seasonal
                variation. Data such as age class, sex class, and seasonal variation
                are often used in conjunction with abundance estimates from known
                haulout sites to assign an in-water abundance estimate for a given
                area. The total abundance divided by the area of the region provides a
                representative in-water density estimate for each species in a
                different location, which enables analyses of in-water stressors
                resulting from at-sea Navy testing or training activities. In addition
                to using shore counts to estimate pinniped density, traditional line-
                transect derived estimates are also used, particularly in open ocean
                areas.
                 Because the Navy's density calculations for many species included
                spatial habitat modeling and demographic information, we utilized the
                Navy Marine Species Density Database (NMSDD) to estimate densities and
                resulting take of marine mammals from the proposed geophysical survey.
                Where available, the appropriate seasonal density estimate from the
                NMSDD was used in the estimation here (i.e., summer). For species with
                a quantitative density range within or around the proposed survey area,
                the maximum presented density was conservatively used. Background
                information on the density calculations for each species/guild as well
                as reported sightings in nearby waters are reported here. Density
                estimates for each species/guild are found in Table 7.
                Humpback Whale
                 NMFS SWFSC developed a CCE habitat-based density model for humpback
                whales which provides spatially explicit density estimates off the U.S.
                West Coast for summer and fall based on survey data collected between
                1991 and 2014 (Becker et al., in prep). Density data are not available
                for the NWTT Offshore area northwest of the SWFSC strata, so the
                habitat-based density values in the northernmost pixels adjoining this
                region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Six humpback whale sightings (8 animals) were made off Washington/
                Oregon during the June-July 2012 L-DEO Juan de Fuca plate seismic
                survey; all were well inshore of the proposed survey area (RPS 2012b).
                There were 98 humpback whale sightings (213 animals) made during the
                July 2012 L-DEO seismic survey off southern Washington, northeast of
                the proposed survey area (RPS 2012a), and 11 sightings (23 animals)
                during the July 2012 L-DEO seismic survey off Oregon, southeast of the
                proposed survey area (RPS 2012c). No sightings were made near the
                proposed survey area in the 2014 NMFS Southwest Fisheries Science
                Center (SWFSC) California Current Ecosystem (CCE) vessel survey (Barlow
                2016).
                Minke Whale
                 Density values for minke whales are available for the SWFSC Oregon/
                Washington and Northern California offshore strata for summer/fall
                (Barlow 2016). Density data are not available for the NWTT Offshore
                area northwest of the SWFSC strata, so data from the SWFSC Oregon/
                Washington stratum were used as representative estimates.
                 Sightings have been made off Oregon and Washington in shelf and
                deeper waters (Green et al., 1992; Adams et al., 2014; Carretta et al.,
                2017). An estimated abundance of 211 minke whales was reported for the
                Oregon/Washington region based on sightings data from 1991-2005 (Barlow
                and Forney 2007), whereas a 2008 survey did not record any minke whales
                while on survey effort (Barlow 2010). The abundance for Oregon/
                Washington for 2014 was estimated at 507 minke whales (Barlow 2016).
                There were no sightings of minke whales off Washington/Oregon during
                the June-July 2012 L-DEO Juan de Fuca plate seismic survey or during
                the July 2012 L-DEO seismic survey off Oregon, southeast of the
                proposed survey area (RPS 2012b, c). One minke whale was seen during
                the July 2012 L-DEO seismic survey off southern Washington, north of
                the proposed survey area (RPS 2012a). No sightings of minke whales were
                made near the proposed survey area during the 2014 SWFSC CCE vessel
                survey (Barlow 2016).
                Sei Whale
                 Density values for sei whales are available for the SWFSC Oregon/
                Washington and Northern California offshore strata for summer/fall
                (Barlow 2016). Density data are not available for the NWTT Offshore
                area northwest of the SWFSC strata, so data from the SWFSC Oregon/
                Washington stratum were used as representative estimates.
                 Sei whales are rare in the waters off California, Oregon, and
                Washington (Brueggeman et al., 1990; Green et al., 1992; Barlow 1994,
                1997). Only 16 confirmed sightings were reported for California,
                Oregon, and Washington during extensive surveys from 1991-2014 (Green
                et al., 1992, 1993; Hill and Barlow 1992; Carretta and Forney 1993;
                Mangels and Gerrodette 1994; Von Saunder and Barlow 1999; Barlow 2003;
                Forney 2007; Barlow 2010; Carretta et al., 2017). Based on surveys
                conducted in 1991-2008, the estimated abundance
                [[Page 26964]]
                of sei whales off the coasts of Oregon and Washington was 52 (Barlow
                2010); for 2014, the abundance estimate was 468 (Barlow 2016). Two
                sightings of four individuals were made during the June-July 2012 L-DEO
                Juan de Fuca plate seismic survey off Washington/Oregon (RPS 2012b);
                these were well inshore of the proposed survey area (~125[deg] W). No
                sei whales were sighted during the July 2012 L-DEO seismic surveys
                north and south of the proposed survey area (RPS 2012a, c).
                Fin Whale
                 NMFS SWFSC developed a CCE habitat-based density model for fin
                whales which provides spatially explicit density estimates off the U.S.
                West Coast for summer and fall based on survey data collected between
                1991 and 2014 (Becker et al., in prep). Density data are not available
                for the NWTT Offshore area northwest of the SWFSC strata, so the
                habitat-based density values in the northernmost pixels adjoining this
                region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Fin whales are routinely sighted during surveys off Oregon and
                Washington (Barlow and Forney 2007; Barlow 2010; Adams et al., 2014;
                Calambokidis et al., 2015; Edwards et al., 2015; Carretta et al.,
                2017), including in coastal as well as offshore waters. They have also
                been detected acoustically near the proposed study area during June-
                August (Edwards et al., 2015). There is one sighting of a fin whale in
                the Ocean Biogeographic Information System (OBIS) database within the
                proposed survey area, which was made in August 2005 during the SWFSC
                Collaborative Survey of Cetacean Abundance and the Pelagic Ecosystem
                (CSCAPE) Marine Mammal Survey, and several other sightings in adjacent
                waters (OBIS 2018). Eight fin whale sightings (19 animals) were made
                off Washington/Oregon during the June-July 2012 L-DEO Juan de Fuca
                plate seismic survey, including two sightings (4 animals) in the
                vicinity of the proposed survey area; sightings were made in waters
                2,369-3,940 m deep (RPS 2012b). Fourteen fin whale sightings (28
                animals) were made during the July 2012 L-DEO seismic surveys off
                southern Washington, northeast of the proposed survey area (RPS 2012a).
                No fin whales were sighted during the July 2012 L-DEO seismic survey
                off Oregon, southeast of the proposed survey area (RPS 2012c). Fin
                whales were also seen off southern Oregon during July 2012 in water
                >2,000 m deep during surveys by Adams et al. (2014).
                Blue Whale
                 NMFS SWFSC developed a CCE habitat-based density model for blue
                whales which provides spatially explicit density estimates off the U.S.
                West Coast for summer and fall based on survey data collected between
                1991 and 2014 (Becker et al., in prep). Density data are not available
                for the NWTT Offshore area northwest of the SWFSC strata, so the
                habitat-based density values in the northernmost pixels adjoining this
                region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 The nearest sighting of blue whales is ~55 km to the southwest
                (OBIS 2018), and there are several other sightings in adjacent waters
                (Carretta et al., 2018; OBIS 2018). Satellite telemetry suggests that
                blue whales are present in waters offshore of Oregon and Washington
                during fall and winter (Bailey et al., 2009; Hazen et al., 2017).
                Sperm Whale
                 NMFS SWFSC developed a CCE habitat-based density model for sperm
                whales which provides spatially explicit density estimates off the U.S.
                West Coast for summer and fall based on survey data collected between
                1991 and 2014 (Becker et al., in prep). Density data are not available
                for the NWTT Offshore area northwest of the SWFSC strata, so the
                habitat-based density values in the northernmost pixels adjoining this
                region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 There is one sighting of a sperm whale in the vicinity of the
                survey area in the OBIS database that was made in July 1996 during the
                SWFSC ORCAWALE Marine Mammal Survey (OBIS 2018), and several other
                sightings in adjacent waters (Carretta et al., 2018; OBIS 2018). Sperm
                whale sightings were also made in the vicinity of the proposed survey
                area during the 2014 SWFSC vessel survey (Barlow 2016). A single sperm
                whale was sighted during the 2009 ETOMO survey, north of the proposed
                survey area (Holst 2017). Sperm whales were detected acoustically in
                waters near the proposed survey area in August 2016 during the SWFSC
                Passive Acoustics Survey of Cetacean Abundance Levels (PASCAL) study
                using drifting acoustic recorders (Keating et al., 2018).
                Pygmy and Dwarf Sperm Whales (Kogia Guild)
                 Kogia species are treated as a guild off the U.S. West Coast
                (Barlow & Forney 2007). Barlow (2016) provided stratified density
                estimates for Kogia spp. for waters off California, Oregon, and
                Washington; these were used for all seasons for both the Northern
                California and Oregon/Washington strata. In the absence of other data,
                the Barlow (2016) Oregon/Washington estimate was also used for the area
                northwest of the SWFSC strata for all seasons.
                 Pygmy and dwarf sperm whales are rarely sighted off Oregon and
                Washington, with only one sighting of an unidentified Kogia sp. beyond
                the U.S. EEZ, during the 1991-2014 NOAA vessel surveys (Carretta et
                al., 2017). This sighting was made in October 1993 during the SWFSC
                PODS Marine Mammal Survey ~150 km to the south of the proposed survey
                area (OBIS 2018). Norman et al. (2004) reported eight confirmed
                stranding records of pygmy sperm whales for Oregon and Washington, five
                of which occurred during autumn and winter.
                Baird's Beaked Whale
                 NMFS SWFSC developed a CCE habitat-based density model for Baird's
                beaked whale which provides spatially explicit density estimates off
                the U.S. West Coast for summer and fall based on survey data collected
                between 1991 and 2014 (Becker et al., in prep). Density data are not
                available for the NWTT Offshore area northwest of the SWFSC strata, so
                the habitat-based density values in the northernmost pixels adjoining
                this region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Green et al. (1992) sighted five groups during 75,050 km of aerial
                survey effort in 1989-1990 off Washington/Oregon spanning coastal to
                offshore waters: Two in slope waters and three in offshore waters. Two
                groups were sighted during summer/fall 2008 surveys off Washington/
                Oregon, in waters >2,000 m deep (Barlow 2010). Acoustic monitoring
                offshore Washington detected Baird's beaked whale pulses during January
                through November 2011, with peaks in February and July
                ([Scirc]irovi[cacute] et al., 2012b in USN 2015). Baird's beaked whales
                were detected acoustically near the proposed survey area in August 2016
                during the SWFSC PASCAL study using drifting acoustic recorders
                (Keating et al., 2018). There is one sighting of a Baird's beaked whale
                near the survey area in the OBIS database that was made in August 2005
                during the SWFSC CSCAPE Marine Mammal Survey (OBIS 2018).
                [[Page 26965]]
                Small Beaked Whale Guild
                 NMFS has developed habitat-based density models for a small beaked
                whale guild in the CCE (Becker et al., 2012b; Forney et al., 2012). The
                small beaked whale guild includes Cuvier's beaked whale and beaked
                whales of the genus Mesoplodon, including Blainville's beaked whale,
                Hubbs' beaked whale, and Stejneger's beaked whale. NMFS SWFSC developed
                a CCE habitat-based density model for the small beaked whale guild
                which provides spatially explicit density estimates off the U.S. West
                Coast for summer and fall based on survey data collected between 1991
                and 2014 (Becker et al., in prep). Density data are not available for
                the NWTT Offshore area northwest of the SWFSC strata, so the habitat-
                based density values in the northernmost pixels adjoining this region
                were interpolated based on the nearest-neighbor approach to provide
                representative density estimates for this area.
                 Four beaked whale sightings were reported in water depths >2,000 m
                off Oregon/Washington during surveys in 2008 (Barlow 2010). None were
                seen in 1996 or 2001 (Barlow 2003), and several were recorded from 1991
                to 1995 (Barlow 1997). One Cuvier's beaked whale sighting was made east
                of the proposed survey area during 2014 (Barlow 2016). Acoustic
                monitoring in Washington offshore waters detected Cuvier's beaked whale
                pulses between January and November 2011 ([Scirc]irovi[cacute] et al.,
                2012b in USN 2015). There is one sighting of a Cuvier's beaked whale
                near the proposed survey area in the OBIS database that was made in
                July 1996 during the SWFSC ORCAWALE Marine Mammal Survey (OBIS 2018),
                and several other sightings were made in adjacent waters, primarily to
                the south and east of the proposed survey area (Carretta et al., 2018;
                OBIS 2018). Cuvier's beaked whales were detected acoustically in waters
                near the proposed survey area in August 2016 during the SWFSC PASCAL
                study using drifting acoustic recorders (Keating et al., 2018).
                 There are no sightings of Blainville's beaked whales near the
                proposed survey area in the OBIS database (OBIS 2018). There is one
                sighting of an unidentified species of Mesoplodont whale near the
                survey area in the OBIS database that was made in July 1996 during the
                SWFSC ORCAWALE Marine Mammal Survey (OBIS 2018). There was one acoustic
                encounter with Blainville's beaked whales recorded in Quinault Canyon
                off Washington in waters 1,400 m deep during 2011 (Baumann-Pickering et
                al., 2014). Blainville's beaked whales were not detected acoustically
                in waters near the proposed survey area in August 2016 during the SWFSC
                PASCAL study using drifting acoustic recorders (Keating et al., 2018).
                Although Blainville's beaked whales could be encountered during the
                proposed survey, an encounter would be unlikely because the proposed
                survey area is beyond the northern limits of this tropical species'
                usual distribution.
                 Stejneger's beaked whale calls were detected during acoustic
                monitoring offshore Washington between January and June 2011, with an
                absence of calls from mid-July to November 2011 ([Scirc]irovi[cacute]
                et al., 2012b in USN 2015). Analysis of these data suggest that this
                species could be more than twice as prevalent in this area than Baird's
                beaked whale (Baumann-Pickering et al., 2014). Stejneger's beaked
                whales were also detected acoustically in waters near the proposed
                survey area in August 2016 during the SWFSC PASCAL study using drifting
                acoustic recorders (Keating et al., 2018). There are no sightings of
                Stejneger's beaked whales near the proposed survey area in the OBIS
                database (OBIS 2018). There is one sighting of an unidentified species
                of Mesoplodont beaked whale near the survey area in the OBIS database
                that was made during July 1996 during the SWFSC ORCAWALE Marine Mammal
                Survey (OBIS 2018).
                 Baird's beaked whale is sometimes seen close to shore where deep
                water approaches the coast, but its primary habitat is over or near the
                continental slope and oceanic seamounts (Jefferson et al., 2015). Along
                the U.S. West Coast, Baird's beaked whales have been sighted primarily
                along the continental slope (Green et al., 1992; Becker et al., 2012;
                Carretta et al., 2018) from late spring to early fall (Green et al.,
                1992). The whales move out from those areas in winter (Reyes 1991). In
                the eastern North Pacific Ocean, Baird's beaked whales apparently spend
                the winter and spring far offshore, and in June, they move onto the
                continental slope, where peak numbers occur during September and
                October. Green et al. (1992) noted that Baird's beaked whales on the
                U.S. West Coast were most abundant in the summer, and were not sighted
                in the fall or winter. MacLeod et al. (2006) reported numerous
                sightings and strandings of Berardius spp. off the U.S. West Coast.
                Bottlenose Dolphin
                 During surveys off the U.S. West Coast, offshore bottlenose
                dolphins were generally found at distances greater than 1.86 miles (3
                km) from the coast and were most abundant off southern California
                (Barlow 2010, 2016). Based on sighting data collected by SWFSC during
                systematic surveys in the Northeast Pacific between 1986 and 2005,
                there were few sightings of offshore bottlenose dolphins north of about
                40[deg] N (Hamilton et al., 2009). NMFS SWFSC developed a CCE habitat-
                based density model for bottlenose dolphins which provides spatially
                explicit density estimates off the U.S. West Coast for summer and fall
                based on survey data collected between 1991 and 2014 (Becker et al., in
                prep). Density data are not available for the NWTT Offshore area
                northwest of the SWFSC strata, so the habitat-based density values in
                the northernmost pixels adjoining this region were interpolated based
                on the nearest-neighbor approach to provide representative density
                estimates for this area.
                 Bottlenose dolphins occur frequently off the coast of California,
                and sightings have been made as far north as 41[deg] N, but few records
                exist for Oregon/Washington (Carretta et al., 2017). Three sightings
                and one stranding of bottlenose dolphins have been documented in Puget
                Sound since 2004 (Cascadia Research 2011 in USN 2015). It is possible
                that offshore bottlenose dolphins may range as far north as the
                proposed survey area during warm-water periods (Carretta et al., 2017).
                Adams et al. (2014) made one sighting off Washington during September
                2012. There are no sightings of bottlenose dolphins near the proposed
                survey area in the OBIS database (OBIS 2018).
                Striped Dolphin
                 Striped dolphin encounters increase in deep, relatively warmer
                waters off the U.S. West Coast, and their abundance decreases north of
                about 42[deg] N (Barlow et al., 2009; Becker et al., 2012b; Becker et
                al., 2016; Forney et al., 2012). Although striped dolphins typically do
                not occur north of California, there are a few sighting records off
                Oregon and Washington (Barlow 2003, 2010; Von Saunder & Barlow 1999),
                and multiple sightings in 2014 when water temperatures were anomalously
                warm (Barlow 2016). NMFS SWFSC developed a CCE habitat-based density
                model for striped dolphins which provides spatially explicit density
                estimates off the U.S. West Coast for summer and fall based on survey
                data collected between 1991 and 2014 (Becker et al., in prep). Density
                data are not available for the NWTT Offshore area northwest of the
                SWFSC strata, so the habitat-based density values in the northernmost
                pixels adjoining this region were interpolated based on the
                [[Page 26966]]
                nearest-neighbor approach to provide representative density estimates
                for this area.
                 Striped dolphins regularly occur off California (Becker et al.,
                2012), where they have been seen as far as the ~300 n.mi. limit during
                the NOAA Fisheries vessel surveys (Carretta et al., 2017). Strandings
                have occurred along the coasts of Oregon and Washington (Carretta et
                al., 2016). During surveys off the U.S. West Coast in 2014, striped
                dolphins were seen as far north as 44[deg] N (Barlow 2016).
                Short-Beaked Common Dolphin
                 Short-beaked common dolphins are found off the U.S. West Coast
                throughout the year, distributed between the coast and at least 345
                miles (556 km) from shore (Barlow 2010; Becker et al., 2017; Carretta
                et al., 2017b). The short-beaked common dolphin is the most abundant
                cetacean species off California (Barlow 2016; Carretta et al., 2017b;
                Forney et al., 1995); however, their abudance decreases dramatically
                north of about 40[deg] N (Barlow et al., 2009; Becker et al., 2012c;
                Becker et al., 2016; Forney et al., 2012). Short-beaked common dolphins
                are occasionally sighted in waters off Oregon and Washington, and one
                group of approximately 40 short-beaked common dolphins was sighted off
                northern Washington in 2005 at about 48[deg] N (Forney 2007), and
                multiple groups were sighted as far north as 44[deg] N during
                anomalously warm conditions in 2014 (Barlow 2016). NMFS SWFSC developed
                a CCE habitat-based density model for short-beaked common dolphins
                which provides spatially explicit density estimates off the U.S. West
                Coast for summer and fall based on survey data collected between 1991
                and 2014 (Becker et al., in prep). Density data are not available for
                the NWTT Offshore area northwest of the SWFSC strata, so the habitat-
                based density values in the northernmost pixels adjoining this region
                were interpolated based on the nearest-neighbor approach to provide
                representative density estimates for this area.
                 There are no sightings of short-beaked dolphins near the proposed
                survey area in the OBIS database (OBIS 2018).
                Pacific White-Sided Dolphin
                 Pacific white-sided dolphins occur year-round in the offshore
                region of the NWTT Study Area, with increased abundance in the summer/
                fall (Barlow 2010; Forney & Barlow 1998; Oleson et al., 2009). NMFS
                SWFSC developed a CCE habitat-based density model for Pacific white-
                sided dolphins which provides spatially explicit density estimates off
                the U.S. West Coast for summer and fall based on survey data collected
                between 1991 and 2014 (Becker et al., in prep). Density data are not
                available for the NWTT Offshore area northwest of the SWFSC strata, so
                the habitat-based density values in the northernmost pixels adjoining
                this region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Fifteen Pacific white-sided dolphin sightings (231 animals) were
                made off Washington/Oregon during the June-July 2012 L-DEO Juan de Fuca
                plate seismic survey; none were near the proposed survey area (RPS
                2012b). There were fifteen Pacific white-sided dolphin sightings (462
                animals) made during the July 2012 L-DEO seismic surveys off southern
                Washington, northeast of the proposed survey area (RPS 2012a). This
                species was not sighted during the July 2012 L-DEO seismic survey off
                Oregon, southeast of the proposed survey area (RPS 2012c). One group of
                10 Pacific white-sided dolphins was sighted during the 2009 ETOMO
                survey north of the proposed survey area (Holst 2017).
                Northern Right Whale Dolphin
                 Survey data suggest that, at least in the eastern North Pacific,
                seasonal inshore-offshore and north-south movements are related to prey
                availability, with peak abundance in the Southern California Bight
                during winter and distribution shifting northward into Oregon and
                Washington as water temperatures increase during late spring and summer
                (Barlow 1995; Becker et al., 2014; Forney et al., 1995; Forney & Barlow
                1998; Leatherwood & Walker 1979). NMFS SWFSC developed a CCE habitat-
                based density model for northern right whale dolphins which provides
                spatially explicit density estimates off the U.S. West Coast for summer
                and fall based on survey data collected between 1991 and 2014 (Becker
                et al., in prep). Density data are not available for the NWTT Offshore
                area northwest of the SWFSC strata, so the habitat-based density values
                in the northernmost pixels adjoining this region were interpolated
                based on the nearest-neighbor approach to provide representative
                density estimates for this area.
                 Seven northern right whale dolphin sightings (231 animals) were
                made off Washington/Oregon during the June-July 2012 L-DEO Juan de Fuca
                plate seismic survey; none were seen near the proposed survey area (RPS
                2012b). There were eight northern right whale dolphin sightings (278
                animals) made during the July 2012 L-DEO seismic surveys off southern
                Washington, northeast of the proposed survey area (RPS 2012a). This
                species was not sighted during the July 2012 L-DEO seismic survey off
                Oregon, southeast of the proposed survey area (RPS 2012c).
                Risso's Dolphin
                 NMFS SWFSC developed a CCE habitat-based density model for Risso's
                dolphins which provides spatially explicit density estimates off the
                U.S. West Coast for summer and fall based on survey data collected
                between 1991 and 2014 (Becker et al., in prep). Density data are not
                available for the NWTT Offshore area northwest of the SWFSC strata, so
                the habitat-based density values in the northernmost pixels adjoining
                this region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Two sightings of 38 individuals were recorded off Washington from
                August 2004 to September 2008 (Oleson et al., 2009). Risso's dolphins
                were sighted off Oregon, in June and October 2011 (Adams et al., 2014).
                There were three Risso's dolphin sightings (31 animals) made during the
                July 2012 L-DEO seismic surveys off southern Washington, northeast of
                the proposed survey area (RPS 2012a). This species was not sighted
                during the July 2012 L-DEO seismic survey off Oregon, southeast of the
                proposed survey area (RPS 2012c), or off Washington/Oregon during the
                June-July 2012 L-DEO Juan de Fuca plate seismic survey (RPS 2012b).
                False Killer Whale
                 False killer whales were not included in the NMSDD, as they are
                very rarely encountered in the northeast Pacific. Density estimates for
                false killer whales were also not presented in Barlow (2016), as no
                sightings occurred during surveys conducted between 1986 and 2008
                (Ferguson and Barlow 2001, 2003; Forney 2007; Barlow 2003, 2010). One
                sighting was made off of southern California during 2014 (Barlow 2016).
                There are no sightings of false killer whales near the survey area in
                the OBIS database (OBIS 2018).
                Killer Whale
                 Due to the difficulties associated with reliably distinguishing the
                different stocks of killer whales from at-sea sightings, density
                estimates for the Offshore region of the NWTT Study Area are presented
                for the species as a whole (i.e., includes the Offshore, West
                [[Page 26967]]
                Coast Transient, Northern Resident, and Southern Resident stocks).
                Density values for killer whales are available for the SWFSC Oregon/
                Washington and Northern California offshore strata for summer/fall
                (Barlow 2016). Density data are not available for the NWTT Offshore
                area northwest of the SWFSC strata, so data from the SWFSC Oregon/
                Washington stratum were used as representative estimates. These values
                were used to represent density year-round.
                 Eleven sightings of ~536 individuals were reported off Oregon/
                Washington during the 2008 SWFSC vessel survey (Barlow 2010). Killer
                whales were sighted offshore Washington during surveys from August 2004
                to September 2008 (Oleson et al., 2009). Keating et al. (2015) analyzed
                cetacean whistles from recordings made during 2000-2012; several killer
                whale acoustic detections were made offshore Washington.
                Short-Finned Pilot Whale
                 Along the U.S. West Coast, short-finned pilot whales were once
                common south of Point Conception, California (Carretta et al., 2017b;
                Reilly & Shane 1986), but now sightings off the U.S. West Coast are
                infrequent and typically occur during warm water years (Carretta et
                al., 2017b). Stranding records for this species from Oregon and
                Washington waters are considered to be beyond the normal range of this
                species rather than an extension of its range (Norman et al., 2004).
                Density values for short-finned pilot whales are available for the
                SWFSC Oregon/Washington and Northern California strata for summer/fall
                (Barlow 2016). Density data are not available for the NWTT Offshore
                area northwest of the SWFSC strata, so data from the SWFSC Oregon/
                Washington stratum were used as representative estimates. These values
                were used to represent density year-round.
                 Few sightings were made off California/Oregon/Washington in 1984-
                1992 (Green et al., 1992; Carretta and Forney 1993; Barlow 1997), and
                sightings remain rare (Barlow 1997; Buchanan et al., 2001; Barlow
                2010). No short-finned pilot whales were seen during surveys off Oregon
                and Washington in 1989-1990, 1992, 1996, and 2001 (Barlow 2003). A few
                sightings were made off California during surveys in 1991-2014 (Barlow
                2010). Carretta et al. (2017) reported one sighting off Oregon during
                1991-2008. Several stranding events in Oregon/southern Washington have
                been recorded over the past few decades, including in March 1996, June
                1998, and August 2002 (Norman et al., 2004).
                Dall's Porpoise
                 NMFS SWFSC developed a CCE habitat-based density model for Dall's
                porpoise which provides spatially explicit density estimates off the
                U.S. West Coast for summer and fall based on survey data collected
                between 1991 and 2014 (Becker et al., in prep). Density data are not
                available for the NWTT Offshore area northwest of the SWFSC strata, so
                the habitat-based density values in the northernmost pixels adjoining
                this region were interpolated based on the nearest-neighbor approach to
                provide representative density estimates for this area.
                 Oleson et al. (2009) reported 44 sightings of 206 individuals off
                Washington during surveys form August 2004 to September 2008. Dall's
                porpoise were seen in the waters off Oregon during summer, fall, and
                winter surveys in 2011 and 2012 (Adams et al., 2014). Nineteen Dall's
                porpoise sightings (144 animals) were made off Washington/Oregon during
                the June-July 2012 L-DEO Juan de Fuca plate seismic survey; none were
                in near the proposed survey area (RPS 2012b). There were 16 Dall's
                porpoise sightings (54 animals) made during the July 2012 L-DEO seismic
                surveys off southern Washington, northeast of the proposed survey area
                (RPS 2012a). This species was not sighted during the July 2012 L-DEO
                seismic survey off Oregon, southeast of the proposed survey area (RPS
                2012c). Dall's porpoise was the most frequently sighted marine mammal
                species (5 sightings of 28 animals) during the 2009 ETOMO survey north
                of the proposed survey area (Holst 2017).
                Northern Fur Seal
                 The Navy estimated the abundance of northern fur seals from the
                Eastern Pacific stock and the California breeding stock that could
                occur in the NWTT Offshore Study Area by determining the percentage of
                time tagged animals spent within the Study Area and applying that
                percentage to the population to calculate an abundance for adult
                females, juveniles, and pups independently on a monthly basis. Adult
                males are not expected to occur within the Offshore Study Area and the
                proposed survey area during the proposed geophysical survey as they
                spend the summer ashore at breeding areas in the Bering Sea and San
                Miguel Island (Caretta et al., 2017b). Using the monthly abundances of
                fur seals within the Offshore Study Area, the Navy created strata to
                estimate the density of fur seals within three strata: 22 km to 70 km
                from shore, 70 km to 130 km from shore, and 130 km to 463 km from shore
                (the western Study Area boundary). L-DEO's proposed survey is 423 km
                from shore at the closest point. Based on satellite tag data and
                historic sealing records (Olesiuk 2012; Kajimura 1984), the Navy
                assumed 25 percent of the population present within the overall
                Offshore Study Area may be within the 130 km to 463 km stratum.
                 Thirty-one northern fur seal sightings (63 animals) were made off
                Washington/Oregon during the June-July 2012 L-DEO Juan de Fuca plate
                seismic survey north of the proposed survey area (RPS 2012b). There
                were six sightings (6 animals) made during the July 2012 L-DEO seismic
                surveys off southern Washington, northeast of the proposed survey area
                (RPS 2012a). This species was not sighted during the July 2012 L-DEO
                seismic survey off Oregon, southeast of the proposed survey area (RPS
                2012c).
                Guadalupe Fur Seal
                 As with northern fur seals, adult male Guadalupe fur seals are
                expected to be ashore at breeding areas over the summer, and are not
                expected to be present during the proposed geophysical survey (Caretta
                et al., 2017b; Norris 2017b). Additionally, breeding females are
                unlikely to be present within the Offshore Study Area as they remain
                ashore to nurse their pups through the fall and winter, making only
                short foraging trips from rookeries (Gallo-Reynoso et al., 2008; Norris
                2017b; Yochem et al., 1987). To estimate the total abundance of
                Guadalupe fur seals, the Navy adjusted the population reported in the
                2016 SAR (Caretta et al., 2017b) of 20,000 seals by applying the
                average annual growth rate of 7.64 percent over the seven years between
                2010 and 2017. The resulting 2017 projected abundance was 33,485 fur
                seals. Using the reported composition of the breeding population of
                Guadalupe fur seals (Gallo-Reynoso 1994) and satellite telemetry data
                (Norris 2017b), the Navy established seasonal and demographic
                abundances of fur seals expected to occur within the Offshore Study
                Area.
                 The distribution of Guadalupe fur seals in the Offshore Study Area
                was stratified by distance from shore (or water depth) to reflect their
                preferred pelagic habitat (Norris 2017a). Ten percent of fur seals in
                the Study Area are expected to use waters over the continental shelf
                (approximated as waters with depths between 10 and 200 m). A depth of
                10 m is used as the shoreward extent of the shelf (rather than
                extending to shore), because Guadalupe fur seals in the Offshore
                [[Page 26968]]
                Study Area are not expected to haul out and would not be likely to come
                close to shore. All fur seals (i.e., 100 percent) would use waters off
                the shelf (beyond the 200 m isobath) out to 300 km from shore, and 25
                of percent of fur seals would be expected to use waters between 300 and
                700 km from shore (including the proposed geophysical survey area). The
                second stratum (200 m to 300 km from shore) is the preferred habitat
                where Guadalupe fur seals are most likely to occur most of the time.
                Individuals may spend a portion of their time over the continental
                shelf or farther than 300 km from shore, necessitating a density
                estimate for those areas, but all Guadalupe fur seals would be expected
                to be in the central stratum most of the time, which is the reason 100
                percent is used in the density estimate for the central stratum (Norris
                2017a). Spatial areas for the three strata were estimated in a GIS and
                used to calculate the densities.
                 Guadalupe fur seals have not previously been observed in the
                proposed survey area, nor on previous L-DEO surveys off Washington and
                Oregon.
                Northern Elephant Seal
                 The most recent surveys supporting the abundance estimate for
                northern elephant seals were conducted in 2010 (Caretta et al., 2017b).
                By applying the average growth rate of 3.8 percent per year for the
                California breeding stock over the seven years from 2010 to 2017, the
                Navy calculated a projected 2017 abundance estimate of 232,399 elephant
                seals (Caretta et al., 2017b; Lowry et al., 2014). Male and female
                distributions at sea differ both seasonally and spatially. Pup counts
                reported by Lowry et al. (2014) and life tables compiled by Condit et
                al. (2014) were used to determine the proportion of males and females
                in the population, which was estimated to be 56 percent female and 44
                percent male. Females are assumed to be at sea 100 percent of the time
                within their seasonal distribution area in fall and summer (Robinson et
                al., 2012). Males are at sea approximately 90 percent of the time in
                fall and spring, remain ashore through the entire winter, and spend one
                month ashore to molt in the summer (i.e., are at sea 66 percent of the
                summer). Monthly distribution maps produced by Robinson et al. (2012)
                showing the extent of foraging areas used by satellite tagged female
                elephant seals were used to estimate the spatial areas to calculate
                densities. Although the distributions were based on tagged female
                seals, Le Boeuf et al. (2000) and Simmons et al. (2007) reported
                similar tracks by males over broad spatial scales. The spatial areas
                representing each monthly distribution were calculating using GIS and
                then averaged to produce seasonally variable areas and resulting
                densities.
                 Off Washington, most elephant seal sightings at sea were made
                during June, July, and September; off Oregon, sightings were recorded
                from November through May (Bonnell et al. 1992). Several seals were
                seen off Oregon during summer, fall, and winter surveys in 2011 and
                2012 (Adams et al. 2014). Northern elephant seals were also taken as
                bycatch off Oregon in the west coast groundfish fishery during 2002-
                2009 (Jannot et al. 2011). Northern elephant seals were sighted five
                times (5 animals) during the July 2012 L-DEO seismic surveys off
                southern Washington, northeast of the proposed survey area (RPS 2012a).
                This species was not sighted during the July 2012 L-DEO seismic survey
                off Oregon, southeast of the proposed survey area (RPS 2012c), or off
                Washington/Oregon during the June-July 2012 L-DEO Juan de Fuca plate
                seismic survey that included the proposed survey area (RPS 2012b). One
                northern elephant seal was sighted during the 2009 ETOMO survey north
                of the proposed survey area (Holst 2017).
                 Table 7--Marine Mammal Density Values in the Proposed Survey Area
                ------------------------------------------------------------------------
                 Reported
                 Species density (#/
                 km\2\) \a\
                ------------------------------------------------------------------------
                LF Cetaceans:
                 Humpback whale............................................ 0.001829
                 Minke whale............................................... 0.0013
                 Sei whale................................................. 0.0004
                 Fin whale................................................. 0.004249
                 Blue whale................................................ 0.001096
                MF Cetaceans:
                 Sperm whale............................................... 0.002561
                 Cuvier's and Mesoplodont beaked whales.................... 0.007304
                 Baird's beaked whale...................................... 0.00082
                 Bottlenose dolphin........................................ 0.000003
                 Striped dolphin........................................... 0.009329
                 Short-beaked common dolphin............................... 0.124891
                 Pacific white-sided dolphin............................... 0.017426
                 Northern right-whale dolphin.............................. 0.039962
                 Risso's dolphin........................................... 0.007008
                 False killer whale........................................ N/A
                 Killer whale.............................................. \b\
                 0.00092
                 Short-finned pilot whale.................................. 0.00025
                HF Cetaceans:
                 Kogia spp................................................. 0.00163
                 Dall's porpoise........................................... 0.043951
                Otariids:
                 Northern fur seal......................................... \b\ 0.0103
                 Guadalupe fur seal........................................ 0.0029
                Phocids:
                 Northern elephant seal.................................... 0.0309
                ------------------------------------------------------------------------
                \a\ Navy 2018.
                \b\ No stock-specific densities are available so densities are presumed
                 equal for all stocks present.
                Take Calculation and Estimation
                 Here we describe how the information provided above is brought
                together to produce a quantitative take estimate. In order to estimate
                the number of marine mammals predicted to be exposed to sound levels
                that would result in Level A or Level B harassment, radial distances
                from the airgun array to predicted isopleths corresponding to the Level
                A harassment and Level B harassment thresholds are calculated, as
                described above. Those radial distances are then used to calculate the
                area(s) around the airgun array predicted to be ensonified to sound
                levels that exceed the Level A and Level B harassment thresholds. The
                area estimated to be ensonified in a single day of the survey is then
                calculated (Table 8), based on the areas predicted to be ensonified
                around the array and representative trackline distances traveled per
                day. This number is then multiplied by the number of survey days. The
                product is then multiplied by 1.25 to account for the additional 25
                percent contingency. This results in an estimate of the total areas
                (km\2\) expected to be ensonified to the Level A and Level B harassment
                thresholds.
                 Table 8--Areas (km\2\) Estimated To Be Ensonified to Level A and Level B Harassment Thresholds, per Day
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Daily Total
                 Survey Criteria Relevant ensonified Total survey 25% increase ensonified
                 isopleth (m) area (km\2\) days area (km\2\)
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                2-D Survey................................ Level B Harassment
                 -------------------------------------------------------------------------------------------------------------
                [[Page 26969]]
                
                 160-dB...................... 6,733 1,346.90 3 1.25 5,050.86
                 -------------------------------------------------------------------------------------------------------------
                 Level A Harassment
                 -------------------------------------------------------------------------------------------------------------
                 LF Cetaceans................ 426.9 158.67 3 1.25 595.01
                 HF Cetaceans................ 268.3 99.77 3 1.25 374.12
                 Phocids..................... 43.7 16.26 3 1.25 60.96
                 MF Cetaceans................ 13.6 5.06 3 1.25 18.97
                 Otariids.................... 10.6 3.94 3 1.25 14.79
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                3-D Survey Level B Harassment
                 -------------------------------------------------------------------------------------------------------------
                 160-dB...................... 3,758 690.52 16 1.25 13,810.40
                 -------------------------------------------------------------------------------------------------------------
                 Level A Harassment
                 -------------------------------------------------------------------------------------------------------------
                 LF Cetaceans................ 118.7 47.39 16 1.25 947.74
                 HF Cetaceans................ 75.6 30.13 16 1.25 602.59
                 Phocids..................... 25.1 9.98 16 1.25 199.59
                 MF Cetaceans................ 11.2 4.45 16 1.25 89.01
                 Otariids.................... 9.9 3.93 16 1.25 78.67
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 The marine mammals predicted to occur within these respective
                areas, based on estimated densities, are assumed to be incidentally
                taken. For species where take by Level A harassment has been requested,
                the calculated Level A takes have been subtracted from the total
                exposures within the Level B harassment zone. Estimated exposures for
                the proposed survey are shown in Table 9.
                 Table 9--Estimated Level A and Level B Exposures, and Percentage of Stock Exposed
                ----------------------------------------------------------------------------------------------------------------
                 Percent of
                 Species Stock Level B Level A Total take stock
                ----------------------------------------------------------------------------------------------------------------
                 LF Cetaceans
                ----------------------------------------------------------------------------------------------------------------
                Humpback whale................ California/ 32 3 35 1.21
                 Oregon/
                 Washington.
                Minke whale................... California/ 23 2 25 3.93
                 Oregon/
                 Washington.
                Sei whale..................... Eastern North 7 1 8 1.54
                 Pacific.
                Fin whale..................... California/ 74 7 81 0.90
                 Oregon/
                 Washington.
                Blue whale.................... Eastern North 19 2 21 1.28
                 Pacific.
                ----------------------------------------------------------------------------------------------------------------
                 MF Cetaceans
                ----------------------------------------------------------------------------------------------------------------
                Sperm whale................... California/ 48 0 48 2.40
                 Oregon/
                 Washington.
                Cuvier's and Mesoplodont California/ 138 0 138 \a\ 2.18
                 beaked whales. Oregon/
                 Washington.
                Baird's beaked whale.......... California/ 15 0 15 0.56
                 Oregon/
                 Washington.
                Bottlenose dolphin............ California/ \b\ 13 0 \b\ 13 0.68
                 Oregon/
                 Washington.
                Striped dolphin............... California/ 176 0 176 0.60
                 Oregon/
                 Washington.
                Short-beaked common dolphin... California/ 2,356 0 2,356 0.24
                 Oregon/
                 Washington.
                Pacific white-sided dolphin... California/ 329 0 329 1.23
                 Oregon/
                 Washington.
                Northern right-whale dolphin.. California/ 754 0 749 2.82
                 Oregon/
                 Washington.
                Risso's dolphin............... California/ 132 0 132 2.08
                 Oregon/
                 Washington.
                False killer whale............ Hawaii Pelagic.. \b\ 5 0 \b\ 5 0.32
                Killer whale.................. Offshore........ 17 0 17 \c\ 5.67
                 West Coast .............. .............. .............. \c\ 7.00
                 Transient.
                Short-finned pilot whale...... California/ \b\ 18 0 \b\ 18 2.15
                 Oregon/
                 Washington.
                ----------------------------------------------------------------------------------------------------------------
                 HF Cetaceans
                ----------------------------------------------------------------------------------------------------------------
                Kogia spp..................... California/ 31 2 29 0.71
                 Oregon/
                 Washington.
                Dall's porpoise............... California/ 829 43 786 3.05
                 Oregon/
                 Washington.
                ----------------------------------------------------------------------------------------------------------------
                 Otariids
                ----------------------------------------------------------------------------------------------------------------
                Northern fur seal............. Eastern Pacific. 194 0 194 \c\ 0.03
                 California...... .............. .............. .............. \c\ 1.38
                [[Page 26970]]
                
                Guadalupe fur seal............ Mexico.......... 55 0 55 0.28
                ----------------------------------------------------------------------------------------------------------------
                 Phocids
                ----------------------------------------------------------------------------------------------------------------
                Northern elephant seal........ California 583 0 583 0.33
                 Breeding.
                ----------------------------------------------------------------------------------------------------------------
                \a\ Combined stock abundances for Cuvier's beaked whales and Mesoplodont guild.
                \b\ Calculated take increased to mean group size (Barlow 2016).
                \c\ Where multiple stocks are affected, for the purposes of calculating the percentage of stock affected, takes
                 are analyzed as if all takes occurred within each stock.
                 It should be noted that the proposed take numbers shown in Table 9
                are expected to be conservative for several reasons. First, in the
                calculations of estimated take, 25 percent has been added in the form
                of operational survey days to account for the possibility of additional
                seismic operations associated with airgun testing and repeat coverage
                of any areas where initial data quality is sub-standard, and in
                recognition of the uncertainties in the density estimates used to
                estimate take as described above. Additionally, marine mammals would be
                expected to move away from a loud sound source that represents an
                aversive stimulus, such as an airgun array, potentially reducing the
                number of takes by Level A harassment. However, the extent to which
                marine mammals would move away from the sound source is difficult to
                quantify and is, therefore, not accounted for in the take estimates.
                 Note that due to the different density estimates used, and in
                consideration of the near-field soundscape of the airgun array, we
                propose to authorize a different number of incidental takes than the
                number of incidental takes requested by L-DEO (see Table 6 in the IHA
                application).
                Proposed Mitigation
                 In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
                NMFS must set forth the permissible methods of taking pursuant to such
                activity, and other means of effecting the least practicable impact on
                such species or stock and its habitat, paying particular attention to
                rookeries, mating grounds, and areas of similar significance, and on
                the availability of such species or stock for taking for certain
                subsistence uses (latter not applicable for this action). NMFS
                regulations require applicants for incidental take authorizations to
                include information about the availability and feasibility (economic
                and technological) of equipment, methods, and manner of conducting such
                activity or other means of effecting the least practicable adverse
                impact upon the affected species or stocks and their habitat (50 CFR
                216.104(a)(11)).
                 In evaluating how mitigation may or may not be appropriate to
                ensure the least practicable adverse impact on species or stocks and
                their habitat, as well as subsistence uses where applicable, we
                carefully consider two primary factors:
                 (1) The manner in which, and the degree to which, the successful
                implementation of the measure(s) is expected to reduce impacts to
                marine mammals, marine mammal species or stocks, and their habitat.
                This considers the nature of the potential adverse impact being
                mitigated (likelihood, scope, range). It further considers the
                likelihood that the measure will be effective if implemented
                (probability of accomplishing the mitigating result if implemented as
                planned), the likelihood of effective implementation (probability
                implemented as planned); and
                 (2) the practicability of the measures for applicant
                implementation, which may consider such things as cost, impact on
                operations, and, in the case of a military readiness activity,
                personnel safety, practicality of implementation, and impact on the
                effectiveness of the military readiness activity.
                 L-DEO has reviewed mitigation measures employed during seismic
                research surveys authorized by NMFS under previous incidental
                harassment authorizations, as well as recommended best practices in
                Richardson et al. (1995), Pierson et al. (1998), Weir and Dolman
                (2007), Nowacek et al. (2013), Wright (2014), and Wright and Cosentino
                (2015), and has incorporated a suite of proposed mitigation measures
                into their project description based on the above sources.
                 To reduce the potential for disturbance from acoustic stimuli
                associated with the activities, L-DEO has proposed to implement
                mitigation measures for marine mammals. Mitigation measures that would
                be adopted during the proposed surveys include (1) Vessel-based visual
                mitigation monitoring; (2) Vessel-based passive acoustic monitoring;
                (3) Establishment of an exclusion zone; (4) Power down procedures; (5)
                Shutdown procedures; (6) Ramp-up procedures; and (7) Vessel strike
                avoidance measures.
                Vessel-Based Visual Mitigation Monitoring
                 Visual monitoring requires the use of trained observers (herein
                referred to as visual PSOs) to scan the ocean surface visually for the
                presence of marine mammals. The area to be scanned visually includes
                primarily the exclusion zone, but also the buffer zone. The buffer zone
                means an area beyond the exclusion zone to be monitored for the
                presence of marine mammals that may enter the exclusion zone. During
                pre-clearance monitoring (i.e., before ramp-up begins), the buffer zone
                also acts as an extension of the exclusion zone in that observations of
                marine mammals within the buffer zone would also prevent airgun
                operations from beginning (i.e., ramp-up). The buffer zone encompasses
                the area at and below the sea surface from the edge of the 0-500 meter
                exclusion zone, out to a radius of 1,000 meters from the edges of the
                airgun array (500-1,000 meters). Visual monitoring of the exclusion
                zones and adjacent waters is intended to establish and, when visual
                conditions allow, maintain zones around the sound source that are clear
                of marine mammals, thereby reducing or eliminating the potential for
                injury and minimizing the potential for more severe behavioral
                reactions for animals occurring close to the vessel. Visual monitoring
                of the buffer zone is intended to (1) provide additional protection to
                na[iuml]ve marine mammals that may be in the area during pre-clearance,
                and (2) during airgun use, aid in establishing and maintaining the
                exclusion zone by alerting the visual observer and crew of marine
                mammals
                [[Page 26971]]
                that are outside of, but may approach and enter, the exclusion zone.
                 L-DEO must use at least five dedicated, trained, NMFS-approved
                Protected Species Observers (PSOs). The PSOs must have no tasks other
                than to conduct observational effort, record observational data, and
                communicate with and instruct relevant vessel crew with regard to the
                presence of marine mammals and mitigation requirements. PSO resumes
                shall be provided to NMFS for approval.
                 At least one of the visual and two of the acoustic PSOs aboard the
                vessel must have a minimum of 90 days at-sea experience working in
                those roles, respectively, during a deep penetration (i.e., ``high
                energy'') seismic survey, with no more than 18 months elapsed since the
                conclusion of the at-sea experience. One visual PSO with such
                experience shall be designated as the lead for the entire protected
                species observation team. The lead PSO shall serve as primary point of
                contact for the vessel operator and ensure all PSO requirements per the
                IHA are met. To the maximum extent practicable, the experienced PSOs
                should be scheduled to be on duty with those PSOs with appropriate
                training but who have not yet gained relevant experience.
                 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 two visual
                PSOs must be on duty and conducting visual observations at all times
                during daylight hours (i.e., from 30 minutes prior to sunrise through
                30 minutes following sunset) and 30 minutes prior to and during
                nighttime ramp-ups 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 shall
                coordinate to ensure 360[deg] visual coverage around the vessel from
                the most appropriate observation posts, and shall conduct visual
                observations using binoculars and the naked eye while free from
                distractions and in a consistent, systematic, and diligent manner.
                 PSOs shall establish and monitor the exclusion and buffer zones.
                These zones shall be based upon the radial distance from the edges of
                the acoustic source (rather than being based on the center of the array
                or around the vessel itself). During use of the acoustic source (i.e.,
                anytime airguns are active, including ramp-up), occurrences of marine
                mammals within the buffer zone (but outside the exclusion zone) shall
                be communicated to the operator to prepare for the potential shutdown
                or powerdown of the acoustic source.
                 During use of the airgun (i.e., anytime the acoustic source is
                active, including ramp-up), occurrences of marine mammals within the
                buffer zone (but outside the exclusion zone) should be communicated to
                the operator to prepare for the potential shutdown or powerdown of the
                acoustic source. Visual PSOs will immediately communicate all
                observations to the on duty acoustic PSO(s), including any
                determination by the PSO regarding species identification, distance,
                and bearing and the degree of confidence in the determination. Any
                observations of marine mammals by crew members shall be relayed to the
                PSO team. During good conditions (e.g., daylight hours; Beaufort sea
                state (BSS) 3 or less), visual PSOs shall conduct observations when the
                acoustic source is not operating for comparison of sighting rates and
                behavior with and without use of the acoustic source and between
                acquisition periods, to the maximum extent practicable. Visual PSOs may
                be on watch for a maximum of four consecutive hours followed by a break
                of at least one hour between watches and may conduct a maximum of 12
                hours of observation per 24-hour period. Combined observational duties
                (visual and acoustic but not at same time) may not exceed 12 hours per
                24-hour period for any individual PSO.
                Passive Acoustic Monitoring
                 Acoustic monitoring means the use of trained personnel (sometimes
                referred to as passive acoustic monitoring (PAM) operators, herein
                referred to as acoustic PSOs) to operate PAM equipment to acoustically
                detect the presence of marine mammals. Acoustic monitoring involves
                acoustically detecting marine mammals regardless of distance from the
                source, as localization of animals may not always be possible. Acoustic
                monitoring is intended to further support visual monitoring (during
                daylight hours) in maintaining an exclusion zone around the sound
                source that is clear of marine mammals. In cases where visual
                monitoring is not effective (e.g., due to weather, nighttime), acoustic
                monitoring may be used to allow certain activities to occur, as further
                detailed below.
                 Passive acoustic monitoring (PAM) would take place in addition to
                the visual monitoring program. Visual monitoring typically is not
                effective during periods of poor visibility or at night, and even with
                good visibility, is unable to detect marine mammals when they are below
                the surface or beyond visual range. Acoustical monitoring can be used
                in addition to visual observations to improve detection,
                identification, and localization of cetaceans. The acoustic monitoring
                would serve to alert visual PSOs (if on duty) when vocalizing cetaceans
                are detected. 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. It would be monitored in real time so that the visual
                observers can be advised when cetaceans are detected.
                 The R/V Langseth will use a towed PAM system, which must be
                monitored by at a minimum one on duty acoustic PSO beginning at least
                30 minutes prior to ramp-up and at all times during use of the acoustic
                source. Acoustic PSOs may be on watch for a maximum of four consecutive
                hours followed by a break of at least one hour between watches and may
                conduct a maximum of 12 hours of observation per 24-hour period.
                Combined observational duties (acoustic and visual but not at same
                time) may not exceed 12 hours per 24-hour period for any individual
                PSO.
                 Survey activity may continue for 30 minutes when the PAM system
                malfunctions or is damaged, while the PAM operator diagnoses the issue.
                If the diagnosis indicates that the PAM system must be repaired to
                solve the problem, operations may continue for an additional two hours
                without acoustic monitoring during daylight hours only under the
                following conditions:
                 Sea state is less than or equal to BSS 4;
                 No marine mammals (excluding delphinids) detected solely
                by PAM in the applicable exclusion zone in the previous two hours;
                 NMFS is notified via email as soon as practicable with the
                time and location in which operations began occurring without an active
                PAM system; and
                 Operations with an active acoustic source, but without an
                operating PAM system, do not exceed a cumulative total of four hours in
                any 24-hour period.
                Establishment of Exclusion and Buffer Zones
                 An exclusion zone (EZ) is a defined area within which occurrence of
                a marine mammal triggers mitigation action intended to reduce the
                potential for certain outcomes, e.g., auditory injury, disruption of
                critical behaviors. The PSOs would establish a minimum EZ with a 500 m
                radius for the 36 airgun array. The 500 m EZ would be based on radial
                distance from any element of the airgun array (rather than being based
                on the center of the array or around the
                [[Page 26972]]
                vessel itself). With certain exceptions (described below), if a marine
                mammal appears within or enters this zone, the acoustic source would be
                shut down.
                 The 500 m EZ is intended to be precautionary in the sense that it
                would be expected to contain sound exceeding the injury criteria for
                all cetacean hearing groups, (based on the dual criteria of
                SELcum and peak SPL), while also providing a consistent,
                reasonably observable zone within which PSOs would typically be able to
                conduct effective observational effort. Additionally, a 500 m EZ is
                expected to minimize the likelihood that marine mammals will be exposed
                to levels likely to result in more severe behavioral responses.
                Although significantly greater distances may be observed from an
                elevated platform under good conditions, we believe that 500 m is
                likely regularly attainable for PSOs using the naked eye during typical
                conditions.
                Pre-Clearance and Ramp-Up
                 Ramp-up (sometimes referred to as ``soft start'') means the gradual
                and systematic increase of emitted sound levels from an airgun array.
                Ramp-up begins by first activating a single airgun of the smallest
                volume, followed by doubling the number of active elements in stages
                until the full complement of an array's airguns are active. Each stage
                should be approximately the same duration, and the total duration
                should not be less than approximately 20 minutes. The intent of pre-
                clearance observation (30 minutes) is to ensure no protected species
                are observed within the buffer zone prior to the beginning of ramp-up.
                During pre-clearance is the only time observations of protected species
                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 step-
                wise increase in the number of airguns firing and total array volume
                until all operational airguns are activated and the full volume is
                achieved, is required at all times as part of the activation of the
                acoustic source. All operators must adhere to the following pre-
                clearance and ramp-up requirements:
                 The operator must notify a designated PSO of the planned
                start of ramp-up as agreed upon with the lead PSO; the notification
                time should not be less than 60 minutes prior to the planned ramp-up in
                order to allow the PSOs time to monitor the exclusion and buffer zones
                for 30 minutes prior to the initiation of ramp-up (pre-clearance);
                 Ramp-ups shall be scheduled so as to minimize the time
                spent with the source activated prior to reaching the designated run-
                in;
                 One of the PSOs conducting pre-clearance observations must
                be notified again immediately prior to initiating ramp-up procedures
                and the operator must receive confirmation from the PSO to proceed;
                 Ramp-up may not be initiated if any marine mammal is
                within the applicable exclusion or buffer zone. If a marine mammal is
                observed within the applicable exclusion zone or the buffer zone during
                the 30 minute pre-clearance period, ramp-up may not begin until the
                animal(s) has been observed exiting the zones or until an additional
                time period has elapsed with no further sightings (15 minutes for small
                odontocetes and 30 minutes for all other species);
                 Ramp-up shall begin by activating a single airgun of the
                smallest volume in the array and shall continue in stages by doubling
                the number of active elements at the commencement of each stage, with
                each stage of approximately the same duration. Duration shall not be
                less than 20 minutes. The operator must provide information to the PSO
                documenting that appropriate procedures were followed;
                 PSOs must monitor the exclusion and buffer zones during
                ramp-up, and ramp-up must cease and the source must be shut down upon
                observation of a marine mammal within the applicable exclusion zone.
                Once ramp-up has begun, observations of marine mammals within the
                buffer zone do not require shutdown or powerdown, but such observation
                shall be communicated to the operator to prepare for the potential
                shutdown or powerdown;
                 Ramp-up may occur at times of poor visibility, including
                nighttime, if appropriate acoustic monitoring has occurred with no
                detections in the 30 minutes prior to beginning ramp-up. Acoustic
                source activation may only occur at times of poor visibility where
                operational planning cannot reasonably avoid such circumstances;
                 If the acoustic source is shut down for brief periods
                (i.e., less than 30 minutes) for reasons other than that described for
                shutdown and powerdown (e.g., mechanical difficulty), it may be
                activated again without ramp-up if PSOs have maintained constant visual
                and/or acoustic observation and no visual or acoustic detections of
                marine mammals have occurred within the applicable exclusion zone. For
                any longer shutdown, pre-clearance observation and ramp-up are
                required. For any shutdown at night or in periods of poor visibility
                (e.g., BSS 4 or greater), ramp-up is required, but if the shutdown
                period was brief and constant observation was maintained, pre-clearance
                watch of 30 min is not required; and
                 Testing of the acoustic source involving all elements
                requires ramp-up. Testing limited to individual source elements or
                strings does not require ramp-up but does require pre-clearance of 30
                min.
                Shutdown and Powerdown
                 The shutdown of an airgun array requires the immediate de-
                activation of all individual airgun elements of the array while a
                powerdown requires immediate de-activation of all individual airgun
                elements of the array except the single 40-in \3\ airgun. Any PSO on
                duty will have the authority to delay the start of survey operations or
                to call for shutdown or powerdown 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 and powerdown commands are conveyed swiftly while
                allowing PSOs to maintain watch. When both visual and acoustic PSOs are
                on duty, all detections will be immediately communicated to the
                remainder of the on-duty PSO team for potential verification of visual
                observations by the acoustic PSO or of acoustic detections by visual
                PSOs. When the airgun array is active (i.e., anytime one or more
                airguns is active, including during ramp-up and powerdown) and (1) a
                marine mammal appears within or enters the applicable exclusion zone
                and/or (2) a marine mammal (other than delphinids, see below) is
                detected acoustically and localized within 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. Additionally,
                shutdown will occur whenever PAM alone (without visual sighting),
                confirms presence of marine mammal(s) in the EZ. If the acoustic PSO
                cannot confirm presence within the EZ, visual PSOs will be notified but
                shutdown is not required.
                 Following a shutdown, airgun activity would not resume until the
                marine mammal has cleared the 500 m EZ. The animal would be considered
                to have cleared the 500 m EZ if it is visually observed to have
                departed the 500 m
                [[Page 26973]]
                EZ, or it has not been seen within the 500 m EZ for 15 min in the case
                of small odontocetes and pinnipeds, or 30 min in the case of mysticetes
                and large odontocetes, including sperm, pygmy sperm, dwarf sperm, and
                beaked whales.
                 The shutdown requirement can be waived for small dolphins in which
                case the acoustic source shall be powered down to the single 40-in \3\
                airgun if an individual is visually detected within the exclusion zone.
                As defined here, the small delphinoid group is intended to encompass
                those members of the Family Delphinidae most likely to voluntarily
                approach the source vessel for purposes of interacting with the vessel
                and/or airgun array (e.g., bow riding). This exception to the shutdown
                requirement would apply solely to specific genera of small dolphins--
                Tursiops, Delphinus, Lagenodelphis, Lagenorhynchus, Lissodelphis,
                Stenella and Steno--The acoustic source shall be powered down to 40-in
                \3\ airgun if an individual belonging to these genera is visually
                detected within the 500 m exclusion zone.
                 Powerdown conditions shall be maintained until delphinids for which
                shutdown is waived are no longer observed within the 500 m exclusion
                zone, following which full-power operations may be resumed without
                ramp-up. Visual PSOs may elect to waive the powerdown requirement if
                delphinids for which shutdown is waived to be voluntarily approaching
                the vessel for the purpose of interacting with the vessel or towed
                gear, and may use best professional judgment in making this decision.
                 We include this small delphinoid exception because power-down/
                shutdown requirements for small delphinoids under all circumstances
                represent practicability concerns without likely commensurate benefits
                for the animals in question. Small delphinoids are generally the most
                commonly observed marine mammals in the specific geographic region and
                would typically be the only marine mammals likely to intentionally
                approach the vessel. As described above, auditory injury is extremely
                unlikely to occur for mid-frequency cetaceans (e.g., delphinids), as
                this group is relatively insensitive to sound produced at the
                predominant frequencies in an airgun pulse while also having a
                relatively high threshold for the onset of auditory injury (i.e.,
                permanent threshold shift).
                 A large body of anecdotal evidence indicates that small delphinoids
                commonly approach vessels and/or towed arrays during active sound
                production for purposes of bow riding, with no apparent effect observed
                in those delphinoids (e.g., Barkaszi et al., 2012). The potential for
                increased shutdowns resulting from such a measure would require the
                Langseth to revisit the missed track line to reacquire data, resulting
                in an overall increase in the total sound energy input to the marine
                environment and an increase in the total duration over which the survey
                is active in a given area. Although other mid-frequency hearing
                specialists (e.g., large delphinoids) are no more likely to incur
                auditory injury than are small delphinoids, they are much less likely
                to approach vessels. Therefore, retaining a power-down/shutdown
                requirement for large delphinoids would not have similar impacts in
                terms of either practicability for the applicant or corollary increase
                in sound energy output and time on the water. We do anticipate some
                benefit for a power-down/shutdown requirement for large delphinoids in
                that it simplifies somewhat the total range of decision-making for PSOs
                and may preclude any potential for physiological effects other than to
                the auditory system as well as some more severe behavioral reactions
                for any such animals in close proximity to the source vessel.
                 Powerdown conditions shall be maintained until the marine mammal(s)
                of the above listed genera are no longer observed within the exclusion
                zone, following which full-power operations may be resumed without
                ramp-up. Additionally, visual PSOs may elect to waive the powerdown
                requirement if the small dolphin(s) appear to be voluntarily
                approaching the vessel for the purpose of interacting with the vessel
                or towed gear, and may use best professional judgment in making this
                decision. Visual PSOs shall use best professional judgment in making
                the decision to call for a shutdown if there is uncertainty regarding
                identification (i.e., whether the observed marine mammal(s) belongs to
                one of the delphinid genera for which shutdown is waived or one of the
                species with a larger exclusion zone). If PSOs observe any behaviors in
                a small delphinid for which shutdown is waived that indicate an adverse
                reaction, then powerdown will be initiated immediately.
                 Upon implementation of shutdown, the source may be reactivated
                after the marine mammal(s) has been observed exiting the applicable
                exclusion zone (i.e., animal is not required to fully exit the buffer
                zone where applicable) or following 15 minutes for small odontocetes
                and 30 minutes for all other species with no further observation of the
                marine mammal(s).
                Vessel Strike Avoidance
                 These measures apply to all vessels associated with the planned
                survey activity; however, we note that these requirements do not apply
                in any case where compliance would create an imminent and serious
                threat to a person or vessel or to the extent that a vessel is
                restricted in its ability to maneuver and, because of the restriction,
                cannot comply. These measures include the following:
                 1. Vessel operators and crews must maintain a vigilant watch for
                all marine mammals and slow down, stop their vessel, or alter course,
                as appropriate and regardless of vessel size, to avoid striking any
                marine mammal. A single marine mammal at the surface may indicate the
                presence of submerged animals in the vicinity of the vessel; therefore,
                precautionary measures should be exercised when an animal is observed.
                A visual observer aboard the vessel must monitor a vessel strike
                avoidance zone around the vessel (specific distances detailed below),
                to ensure the potential for strike is minimized. Visual observers
                monitoring the vessel strike avoidance zone can be either third-party
                observers or crew members, but crew members responsible for these
                duties must be provided sufficient training to distinguish marine
                mammals from other phenomena and broadly to identify a marine mammal to
                broad taxonomic group (i.e., as a large whale or other marine mammal);
                 2. Vessel speeds must be reduced to 10 kn or less when mother/calf
                pairs, pods, or large assemblages of any marine mammal are observed
                near a vessel;
                 3. All vessels must maintain a minimum separation distance of 100 m
                from large whales (i.e., sperm whales and all baleen whales);
                 4. All vessels must attempt to maintain a minimum separation
                distance of 50 m from all other marine mammals, with an exception made
                for those animals that approach the vessel; and
                 5. When marine mammals are sighted while a vessel is underway, the
                vessel should take action as necessary to avoid violating the relevant
                separation distance (e.g., attempt to remain parallel to the animal's
                course, avoid excessive speed or abrupt changes in direction until the
                animal has left the area). If marine mammals are sighted within the
                relevant separation distance, the vessel should reduce speed and shift
                the engine to neutral, not engaging the engines until animals are clear
                of the
                [[Page 26974]]
                area. This recommendation does not apply to any vessel towing gear.
                 We have carefully evaluated the suite of mitigation measures
                described here and considered a range of other measures in the context
                of ensuring that we prescribe the means of effecting the least
                practicable adverse impact on the affected marine mammal species and
                stocks and their habitat. Based on our evaluation of the proposed
                measures, NMFS has preliminarily determined that the mitigation
                measures provide the means effecting the least practicable impact on
                the affected species or stocks and their habitat, paying particular
                attention to rookeries, mating grounds, and areas of similar
                significance.
                Proposed Monitoring and Reporting
                 In order to issue an IHA for an activity, Section 101(a)(5)(D) of
                the MMPA states that NMFS must set forth requirements pertaining to the
                monitoring and reporting of such taking. The MMPA implementing
                regulations at 50 CFR 216.104 (a)(13) indicate that requests for
                authorizations must include the suggested means of accomplishing the
                necessary monitoring and reporting that will result in increased
                knowledge of the species and of the level of taking or impacts on
                populations of marine mammals that are expected to be present in the
                proposed action area. Effective reporting is critical both to
                compliance as well as ensuring that the most value is obtained from the
                required monitoring.
                 Monitoring and reporting requirements prescribed by NMFS should
                contribute to improved understanding of one or more of the following:
                 Occurrence of marine mammal species or stocks in the area
                in which take is anticipated (e.g., presence, abundance, distribution,
                density);
                 Nature, scope, or context of likely marine mammal exposure
                to potential stressors/impacts (individual or cumulative, acute or
                chronic), through better understanding of: (1) Action or environment
                (e.g., source characterization, propagation, ambient noise); (2)
                affected species (e.g., life history, dive patterns); (3) co-occurrence
                of marine mammal species with the action; or (4) biological or
                behavioral context of exposure (e.g., age, calving or feeding areas);
                 Individual marine mammal responses (behavioral or
                physiological) to acoustic stressors (acute, chronic, or cumulative),
                other stressors, or cumulative impacts from multiple stressors;
                 How anticipated responses to stressors impact either: (1)
                Long-term fitness and survival of individual marine mammals; or (2)
                populations, species, or stocks;
                 Effects on marine mammal habitat (e.g., marine mammal prey
                species, acoustic habitat, or other important physical components of
                marine mammal habitat); and
                 Mitigation and monitoring effectiveness.
                Vessel-Based Visual Monitoring
                 As described above, PSO observations would take place during
                daytime airgun operations and nighttime start ups (if applicable) of
                the airguns. During seismic operations, at least five visual PSOs would
                be based aboard the Langseth. Monitoring shall be conducted in
                accordance with the following requirements:
                 The operator shall provide PSOs with bigeye binoculars
                (e.g., 25 x 150; 2.7 view angle; individual ocular focus; height
                control) of appropriate quality (i.e., Fujinon or equivalent) solely
                for PSO use. These shall be pedestal-mounted on the deck at the most
                appropriate vantage point that provides for optimal sea surface
                observation, PSO safety, and safe operation of the vessel;
                 The operator will work with the selected third-party
                observer provider to ensure PSOs have all equipment (including backup
                equipment) needed to adequately perform necessary tasks, including
                accurate determination of distance and bearing to observed marine
                mammals. PSOs must have the following requirements and qualifications:
                 PSOs shall be independent, dedicated, trained visual and
                acoustic PSOs and must be employed by a third-party observer provider;
                 PSOs shall have no tasks other than to conduct
                observational effort (visual or acoustic), collect data, and
                communicate with and instruct relevant vessel crew with regard to the
                presence of protected species and mitigation requirements (including
                brief alerts regarding maritime hazards);
                 PSOs shall have successfully completed an approved PSO
                training course appropriate for their designated task (visual or
                acoustic). Acoustic PSOs are required to complete specialized training
                for operating PAM systems and are encouraged to have familiarity with
                the vessel with which they will be working;
                 PSOs can act as acoustic or visual observers (but not at
                the same time) as long as they demonstrate that their training and
                experience are sufficient to perform the task at hand;
                 NMFS must review and approve PSO resumes accompanied by a
                relevant training course information packet that includes the name and
                qualifications (i.e., experience, training completed, or educational
                background) of the instructor(s), the course outline or syllabus, and
                course reference material as well as a document stating successful
                completion of the course;
                 NMFS shall have one week to approve PSOs from the time
                that the necessary information is submitted, after which PSOs meeting
                the minimum requirements shall automatically be considered approved;
                 PSOs must successfully complete relevant training,
                including completion of all required coursework and passing (80 percent
                or greater) a written and/or oral examination developed for the
                training program;
                 PSOs must have successfully attained a bachelor's degree
                from an accredited college or university with a major in one of the
                natural sciences, a minimum of 30 semester hours or equivalent in the
                biological sciences, and at least one undergraduate course in math or
                statistics; and
                 The educational requirements may be waived if the PSO has
                acquired the relevant skills through alternate experience. Requests for
                such a waiver shall be submitted to NMFS and must include written
                justification. Requests shall be granted or denied (with justification)
                by NMFS within one week of receipt of submitted information. Alternate
                experience that may be considered includes, but is not limited to (1)
                secondary education and/or experience comparable to PSO duties; (2)
                previous work experience conducting academic, commercial, or
                government-sponsored protected species surveys; or (3) previous work
                experience as a PSO; the PSO should demonstrate good standing and
                consistently good performance of PSO duties.
                 For data collection purposes, PSOs shall use standardized data
                collection forms, whether hard copy or electronic. PSOs shall record
                detailed information about any implementation of mitigation
                requirements, including the distance of animals to the acoustic source
                and description of specific actions that ensued, the behavior of the
                animal(s), any observed changes in behavior before and after
                implementation of mitigation, and if shutdown was implemented, the
                length of time before any subsequent ramp-up of the acoustic source. If
                required mitigation was not implemented, PSOs should record a
                description of the circumstances. At a minimum, the following
                information must be recorded:
                [[Page 26975]]
                 Vessel names (source vessel and other vessels associated
                with survey) and call signs;
                 PSO names and affiliations;
                 Dates of departures and returns to port with port name;
                 Date and participants of PSO briefings;
                 Dates and times (Greenwich Mean Time) of survey effort and
                times corresponding with PSO effort;
                 Vessel location (latitude/longitude) when survey effort
                began and ended and vessel location at beginning and end of visual PSO
                duty shifts;
                 Vessel heading and speed at beginning and end of visual
                PSO duty shifts and upon any line change;
                 Environmental conditions while on visual survey (at
                beginning and end of PSO shift and whenever conditions changed
                significantly), including BSS and any other relevant weather conditions
                including cloud cover, fog, sun glare, and overall visibility to the
                horizon;
                 Factors that may have contributed to impaired observations
                during each PSO shift change or as needed as environmental conditions
                changed (e.g., vessel traffic, equipment malfunctions); and
                 Survey activity information, such as acoustic source power
                output while in operation, number and volume of airguns operating in
                the array, tow depth of the array, and any other notes of significance
                (i.e., pre-clearance, ramp-up, shutdown, testing, shooting, ramp-up
                completion, end of operations, streamers, etc.).
                 The following information should be recorded upon visual
                observation of any protected species:
                 Watch status (sighting made by PSO on/off effort,
                opportunistic, crew, alternate vessel/platform);
                 PSO who sighted the animal;
                 Time of sighting;
                 Vessel location at time of sighting;
                 Water depth;
                 Direction of vessel's travel (compass direction);
                 Direction of animal's travel relative to the vessel;
                 Pace of the animal;
                 Estimated distance to the animal and its heading relative
                to vessel at initial sighting;
                 Identification of the animal (e.g., genus/species, lowest
                possible taxonomic level, or unidentified) and the composition of the
                group if there is a mix of species;
                 Estimated number of animals (high/low/best);
                 Estimated number of animals by cohort (adults, yearlings,
                juveniles, calves, group composition, etc.);
                 Description (as many distinguishing features as possible
                of each individual seen, including length, shape, color, pattern, scars
                or markings, shape and size of dorsal fin, shape of head, and blow
                characteristics);
                 Detailed behavior observations (e.g., number of blows/
                breaths, number of surfaces, breaching, spyhopping, diving, feeding,
                traveling; as explicit and detailed as possible; note any observed
                changes in behavior);
                 Animal's closest point of approach (CPA) and/or closest
                distance from any element of the acoustic source;
                 Platform activity at time of sighting (e.g., deploying,
                recovering, testing, shooting, data acquisition, other); and
                 Description of any actions implemented in response to the
                sighting (e.g., delays, shutdown, ramp-up) and time and location of the
                action.
                 If a marine mammal is detected while using the PAM system, the
                following information should be recorded:
                 An acoustic encounter identification number, and whether
                the detection was linked with a visual sighting;
                 Date and time when first and last heard;
                 Types and nature of sounds heard (e.g., clicks, whistles,
                creaks, burst pulses, continuous, sporadic, strength of signal); and
                 Any additional information recorded such as water depth of
                the hydrophone array, bearing of the animal to the vessel (if
                determinable), species or taxonomic group (if determinable),
                spectrogram screenshot, and any other notable information.
                Reporting
                 A report would be submitted to NMFS within 90 days after the end of
                the cruise. The report would describe the operations that were
                conducted and sightings of marine mammals near the operations. The
                report would provide full documentation of methods, results, and
                interpretation pertaining to all monitoring. The 90-day report would
                summarize the dates and locations of seismic operations, and all marine
                mammal sightings (dates, times, locations, activities, associated
                seismic survey activities). The report would also include estimates of
                the number and nature of exposures that occurred above the harassment
                threshold based on PSO observations and including an estimate of those
                that were not detected, in consideration of both the characteristics
                and behaviors of the species of marine mammals that affect
                detectability, as well as the environmental factors that affect
                detectability.
                 L-DEO will be required to submit a draft comprehensive report to
                NMFS on all activities and monitoring results within 90 days of the
                completion of the survey or expiration of the IHA, whichever comes
                sooner. The report must describe all activities conducted and sightings
                of protected species near the activities, must provide full
                documentation of methods, results, and interpretation pertaining to all
                monitoring, and must summarize the dates and locations of survey
                operations and all protected species sightings (dates, times,
                locations, activities, associated survey activities). The draft report
                shall also include geo-referenced time-stamped vessel tracklines for
                all time periods during which airguns were operating. Tracklines should
                include points recording any change in airgun status (e.g., when the
                airguns began operating, when they were turned off, or when they
                changed from full array to single gun or vice versa). GIS files shall
                be provided in ESRI shapefile format and include the UTC date and time,
                latitude in decimal degrees, and longitude in decimal degrees. All
                coordinates shall be referenced to the WGS84 geographic coordinate
                system. In addition to the report, all raw observational data shall be
                made available to NMFS. The report must summarize the information
                submitted in interim monthly reports as well as additional data
                collected as described above and the IHA. The draft report must be
                accompanied by a certification from the lead PSO as to the accuracy of
                the report, and the lead PSO may submit directly NMFS a statement
                concerning implementation and effectiveness of the required mitigation
                and monitoring. A final report must be submitted within 30 days
                following resolution of any comments on the draft report.
                Reporting Injured or Dead Marine Mammals
                 In the event that personnel involved in survey activities covered
                by the authorization discover an injured or dead marine mammal, the L-
                DEO shall report the incident to the Office of Protected Resources
                (OPR), NMFS and to the NMFS West Coast Regional Stranding Coordinator
                as soon as feasible. The report must include the following information:
                 Time, date, and location (latitude/longitude) of the first
                discovery (and updated location information if known and applicable);
                 Species identification (if known) or description of the
                animal(s) involved;
                 Condition of the animal(s) (including carcass condition if
                the animal is dead);
                [[Page 26976]]
                 Observed behaviors of the animal(s), if alive;
                 If available, photographs or video footage of the
                animal(s); and
                 General circumstances under which the animal was
                discovered.
                 Additional Information Requests--If NMFS determines that the
                circumstances of any marine mammal stranding found in the vicinity of
                the activity suggest investigation of the association with survey
                activities is warranted (example circumstances noted below), and an
                investigation into the stranding is being pursued, NMFS will submit a
                written request to the IHA-holder indicating that the following initial
                available information must be provided as soon as possible, but no
                later than 7 business days after the request for information.
                 Status of all sound source use in the 48 hours preceding
                the estimated time of stranding and within 50 km of the discovery/
                notification of the stranding by NMFS; and
                 If available, description of the behavior of any marine
                mammal(s) observed preceding (i.e., within 48 hours and 50 km) and
                immediately after the discovery of the stranding.
                 Examples of circumstances that could trigger the additional
                information request include, but are not limited to, the following:
                 Atypical nearshore milling events of live cetaceans;
                 Mass strandings of cetaceans (two or more individuals, not
                including cow/calf pairs);
                 Beaked whale strandings;
                 Necropsies with findings of pathologies that are unusual
                for the species or area; or
                 Stranded animals with findings consistent with blast
                trauma.
                 In the event that the investigation is still inconclusive, the
                investigation of the association of the survey activities is still
                warranted, and the investigation is still being pursued, NMFS may
                provide additional information requests, in writing, regarding the
                nature and location of survey operations prior to the time period
                above.
                 Vessel Strike--In the event of a ship strike of a marine mammal by
                any vessel involved in the activities covered by the authorization, L-
                DEO must shall report the incident to OPR, NMFS and to regional
                stranding coordinators as soon as feasible. The report must include the
                following information:
                 Time, date, and location (latitude/longitude) of the
                incident;
                 Species identification (if known) or description of the
                animal(s) involved;
                 Vessel's speed during and leading up to the incident;
                 Vessel's course/heading and what operations were being
                conducted (if applicable);
                 Status of all sound sources in use;
                 Description of avoidance measures/requirements that were
                in place at the time of the strike and what additional measures were
                taken, if any, to avoid strike;
                 Environmental conditions (e.g., wind speed and direction,
                Beaufort sea state, cloud cover, visibility) immediately preceding the
                strike;
                 Estimated size and length of animal that was struck;
                 Description of the behavior of the marine mammal
                immediately preceding and following the strike;
                 If available, description of the presence and behavior of
                any other marine mammals immediately preceding the strike;
                 Estimated fate of the animal (e.g., dead, injured but
                alive, injured and moving, blood or tissue observed in the water,
                status unknown, disappeared); and
                 To the extent practicable, photographs or video footage of
                the animal(s).
                Negligible Impact Analysis and Determination
                 NMFS has defined negligible impact as an impact resulting from the
                specified activity that cannot be reasonably expected to, and is not
                reasonably likely to, adversely affect the species or stock through
                effects on annual rates of recruitment or survival (50 CFR 216.103). A
                negligible impact finding is based on the lack of likely adverse
                effects on annual rates of recruitment or survival (i.e., population-
                level effects). An estimate of the number of takes alone is not enough
                information on which to base an impact determination. In addition to
                considering estimates of the number of marine mammals that might be
                ``taken'' through harassment, NMFS considers other factors, such as the
                likely nature of any responses (e.g., intensity, duration), the context
                of any responses (e.g., critical reproductive time or location,
                migration), as well as effects on habitat, and the likely effectiveness
                of the mitigation. We also assess the number, intensity, and context of
                estimated takes by evaluating this information relative to population
                status. Consistent with the 1989 preamble for NMFS's implementing
                regulations (54 FR 40338; September 29, 1989), the impacts from other
                past and ongoing anthropogenic activities are incorporated into this
                analysis via their impacts on the environmental baseline (e.g., as
                reflected in the regulatory status of the species, population size and
                growth rate where known, ongoing sources of human-caused mortality, or
                ambient noise levels).
                 To avoid repetition, our analysis applies to all species listed in
                Tables 7 and 9, given that NMFS expects the anticipated effects of the
                proposed geophysical survey to be similar in nature. Where there are
                meaningful differences between species or stocks, or groups of species,
                in anticipated individual responses to activities, impact of expected
                take on the population due to differences in population status, or
                impacts on habitat, NMFS has identified species-specific factors to
                inform the analysis.
                 NMFS does not anticipate that serious injury or mortality would
                occur as a result of L-DEO's proposed survey, even in the absence of
                proposed mitigation. Thus the proposed authorization does not authorize
                any mortality. As discussed in the Potential Effects section, non-
                auditory physical effects, stranding, and vessel strike are not
                expected to occur.
                 We propose to authorize a limited number of instances of Level A
                harassment of seven species and Level B harassment of 26 marine mammal
                species. However, we believe that any PTS incurred in marine mammals as
                a result of the proposed activity would be in the form of only a small
                degree of PTS, not total deafness, and would be unlikely to affect the
                fitness of any individuals, because of the constant movement of both
                the Langseth and of the marine mammals in the project areas, as well as
                the fact that the vessel is not expected to remain in any one area in
                which individual marine mammals would be expected to concentrate for an
                extended period of time (i.e., since the duration of exposure to loud
                sounds will be relatively short). Also, as described above, we expect
                that marine mammals would be likely to move away from a sound source
                that represents an aversive stimulus, especially at levels that would
                be expected to result in PTS, given sufficient notice of the Langseth's
                approach due to the vessel's relatively low speed when conducting
                seismic surveys. We expect that the majority of takes would be in the
                form of short-term Level B behavioral harassment in the form of
                temporary avoidance of the area or decreased foraging (if such activity
                were occurring), reactions that are considered to be of low severity
                and with no lasting biological consequences (e.g., Southall et al.,
                2007). The proposed geophysical survey occurs outside of the U.S. EEZ
                and outside of
                [[Page 26977]]
                any established Biologically Important Areas or critical habitat.
                 Potential impacts to marine mammal habitat were discussed
                previously in this document (see Potential Effects of the Specified
                Activity on Marine Mammals and their Habitat). Marine mammal habitat
                may be impacted by elevated sound levels, but these impacts would be
                temporary. Prey species are mobile and are broadly distributed
                throughout the project areas; therefore, marine mammals that may be
                temporarily displaced during survey activities are expected to be able
                to resume foraging once they have moved away from areas with disturbing
                levels of underwater noise. Because of the relatively short duration
                (~19 days) and temporary nature of the disturbance, the availability of
                similar habitat and resources in the surrounding area, the impacts to
                marine mammals and the food sources that they utilize are not expected
                to cause significant or long-term consequences for individual marine
                mammals or their populations.
                 The activity is expected to impact a small percentage of all marine
                mammal stocks that would be affected by L-DEO's proposed survey (less
                than seven percent of all species). Additionally, the acoustic
                ``footprint'' of the proposed survey would be small relative to the
                ranges of the marine mammals that would potentially be affected. Sound
                levels would increase in the marine environment in a relatively small
                area surrounding the vessel compared to the range of the marine mammals
                within the proposed survey area.
                 The proposed mitigation measures are expected to reduce the number
                and/or severity of takes by allowing for detection of marine mammals in
                the vicinity of the vessel by visual and acoustic observers, and by
                minimizing the severity of any potential exposures via power downs and/
                or shutdowns of the airgun array. Based on previous monitoring reports
                for substantially similar activities that have been previously
                authorized by NMFS, we expect that the proposed mitigation will be
                effective in preventing at least some extent of potential PTS in marine
                mammals that may otherwise occur in the absence of the proposed
                mitigation.
                 The ESA-listed marine mammal species under our jurisdiction that
                are likely to be taken by the proposed surveys include the endangered
                sei, fin, blue, sperm, and Central America DPS humpback whales, and the
                threatened Mexico DPS humpback whale and Guadalupe fur seal. We propose
                to authorize very small numbers of takes for these species relative to
                their population sizes. Given the low probability of fitness impacts to
                any individual, combined with the small portion of any of these stocks
                impacted, we do not expect population-level impacts to any of these
                species. The other marine mammal species that may be taken by
                harassment during the proposed survey are not listed as threatened or
                endangered under the ESA. With the exception of the northern fur seal,
                none of the non-listed marine mammals for which we propose to authorize
                take are considered ``depleted'' or ``strategic'' by NMFS under the
                MMPA.
                 NMFS concludes that exposures to marine mammal species and stocks
                due to L-DEO's proposed survey would result in only short-term
                (temporary and short in duration) effects to individuals exposed.
                Animals may temporarily avoid the immediate area, but are not expected
                to permanently abandon the area. Major shifts in habitat use,
                distribution, or foraging success are not expected. NMFS does not
                anticipate the proposed take estimates to impact annual rates of
                recruitment or survival.
                 In summary and as described above, the following factors primarily
                support our preliminary determination that the impacts resulting from
                this activity are not expected to adversely affect the species or stock
                through effects on annual rates of recruitment or survival:
                 No mortality is anticipated or authorized;
                 The proposed activity is temporary and of relatively short
                duration (19 days);
                 The anticipated impacts of the proposed activity on marine
                mammals would primarily be temporary behavioral changes due to
                avoidance of the area around the survey vessel;
                 The number of instances of PTS that may occur are expected
                to be very small in number. Instances of PTS that are incurred in
                marine mammals would be of a low level, due to constant movement of the
                vessel and of the marine mammals in the area, and the nature of the
                survey design (not concentrated in areas of high marine mammal
                concentration);
                 The availability of alternate areas of similar habitat
                value for marine mammals to temporarily vacate the survey area during
                the proposed survey to avoid exposure to sounds from the activity;
                 The potential adverse effects on fish or invertebrate
                species that serve as prey species for marine mammals from the proposed
                survey would be temporary and spatially limited; and
                 The proposed mitigation measures, including visual and
                acoustic monitoring, power-downs, and shutdowns, are expected to
                minimize potential impacts to marine mammals.
                 Based on the analysis contained herein of the likely effects of the
                specified activity on marine mammals and their habitat, and taking into
                consideration the implementation of the proposed monitoring and
                mitigation measures, NMFS preliminarily finds that the total marine
                mammal take from the proposed activity will have a negligible impact on
                all affected marine mammal species or stocks.
                Small Numbers
                 As noted above, only small numbers of incidental take may be
                authorized under Sections 101(a)(5)(A) and (D) of the MMPA for
                specified activities other than military readiness activities. The MMPA
                does not define small numbers and so, in practice, where estimated
                numbers are available, NMFS compares the number of individuals taken to
                the most appropriate estimation of abundance of the relevant species or
                stock in our determination of whether an authorization is limited to
                small numbers of marine mammals. Additionally, other qualitative
                factors may be considered in the analysis, such as the temporal or
                spatial scale of the activities.
                 Table 9 provides the numbers of take by Level A and Level B
                harassment proposed for authorization, which are used herefor purposes
                of the small numbers analysis. The numbers of marine mammals that we
                propose for authorized take would be considered small relative to the
                relevant populations (less than seven percent for all species and
                stocks) for the species for which abundance estimates are available.
                 Based on the analysis contained herein of the proposed activity
                (including the proposed mitigation and monitoring measures) and the
                anticipated take of marine mammals, NMFS preliminarily finds that small
                numbers of marine mammals will be taken relative to the population size
                of the affected species or stocks.
                Unmitigable Adverse Impact Analysis and Determination
                 There are no relevant subsistence uses of the affected marine
                mammal stocks or species implicated by this action. Therefore, NMFS has
                preliminarily determined that the total taking of affected species or
                stocks would not have an unmitigable adverse impact on the availability
                of such species or stocks for taking for subsistence purposes.
                [[Page 26978]]
                Endangered Species Act (ESA)
                 Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
                U.S.C. 1531 et seq.) requires that each Federal agency insure that any
                action it authorizes, funds, or carries out is not likely to jeopardize
                the continued existence of any endangered or threatened species or
                result in the destruction or adverse modification of designated
                critical habitat. To ensure ESA compliance for the issuance of IHAs,
                NMFS consults internally, in this case with the ESA Interagency
                Cooperation Division whenever we propose to authorize take for
                endangered or threatened species.
                 NMFS is proposing to authorize take of sei whales, fin whales, blue
                whales, sperm whales, Central America DPS humpback whales, Mexico DPS
                humpback whales and Guadalupe fur seals which are listed under the ESA.
                The Permit and Conservation Division has requested initiation of
                Section 7 consultation with the Interagency Cooperation Division for
                the issuance of this IHA. NMFS will conclude the ESA consultation prior
                to reaching a determination regarding the proposed issuance of the
                authorization.
                Proposed Authorization
                 As a result of these preliminary determinations, NMFS proposes to
                issue an IHA to L-DEO for conducting a marine geophysical survey in the
                northeast Pacific Ocean in summer of 2019, provided the previously
                mentioned mitigation, monitoring, and reporting requirements are
                incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
                Request for Public Comments
                 We request comment on our analyses, the proposed authorization, and
                any other aspect of this Notice of Proposed IHA for L-DEO's proposed
                survey. We also request comment on the potential for renewal of this
                proposed IHA as described in the paragraph below. Please include with
                your comments any supporting data or literature citations to help
                inform our final decision on the request for MMPA authorization.
                 On a case-by-case basis, NMFS may issue a one-year IHA renewal with
                an expedited public comment period (15 days) when (1) another year of
                identical or nearly identical activities as described in the Specified
                Activities section is planned or (2) the activities would not be
                completed by the time the IHA expires and a second IHA would allow for
                completion of the activities beyond that described in the Dates and
                Duration section, provided all of the following conditions are met:
                 A request for renewal is received no later than 60 days
                prior to expiration of the current IHA;
                 The request for renewal must include the following:
                 (1) An explanation that the activities to be conducted under the
                proposed Renewal 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
                because only a subset of the initially analyzed activities remain to be
                completed under the Renewal); and
                 (2) 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.
                 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.
                 Dated: June 3, 2019.
                Donna S. Wieting,
                Director, Office of Protected Resources, National Marine Fisheries
                Service.
                [FR Doc. 2019-12010 Filed 6-7-19; 8:45 am]
                 BILLING CODE 3510-22-P
                

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