Marine Mammals

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.042894B]

Marine Mammals

AGENCIES: The Advanced Research Projects Agency (ARPA), Department of

Defense in cooperation with National Marine Fisheries Service (NMFS),

National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare an environmental impact statement

and request for comment.

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SUMMARY: The ARPA, in cooperation with the NMFS, intends to prepare an

environmental impact statement (EIS), according to the National

Environmental Policy Act (NEPA), on an application for a scientific

research permit to allow harassment of marine mammals and sea turtles

by a low frequency sound source, and to monitor the effects thereof.

DATES: Comments are requested by June 15, 1994. The public hearing and

scoping meeting will be held on May 16, 1994.

ADDRESSES: Comments and requests for additional information should be

addressed to: Ralph W. Alewine, III, Ph.D., Director, Advanced Research

Projects Agency, NMRO, 3701 North Fairfax Drive, Arlington, VA 22203-

1714, (703) 696-2246. The public hearing and scoping meeting will held

at the Santa Cruz Civic Auditorium, 307 Church Street, Santa Cruz, CA.

SUPPLEMENTARY INFORMATION: An application for a scientific research

permit has been submitted by Scripps Institution of Oceanography,

Institute for Geophysics and Planetary Physics, Acoustic Thermometry of

Ocean Climate (ATOC) Program, 9500 Gilman Drive, La Jolla, CA 92093-

0225. The applicant is requesting authorization to take (by harassment)

several species of cetaceans, pinnipeds, and sea turtles in California

coastal waters, during a study designed to assess the effects of low

frequency sound associated with the ATOC program on marine mammals and

sea turtles. The proposed research is a pilot project which is intended

to provide information which can be used in assessing the potential

environmental effects of continuing the ATOC program in a broader

context. If a decision is made to continue funding for the broader ATOC

program, any potential environmental effects will be assessed in a

separate environmental analysis.

The subject research was proposed to be conducted in California

waters from April 1994 through March 1996. As currently proposed, the

sound source will be located due west of Pt. Sur, California at 850-950

m depth. The maximum duty cycle will be 8%, with a transmission

bandwidth of 20 Hz at a level of 195 dB (re 1 Pa at 1m), and

with a spectrum level for the center frequency (70 Hz) at 182 dB. The

effects of these transmissions on marine mammals and sea turtles will

be monitored through the authority of the Marine Mammal Protection Act

(MMPA) of 1972, as amended (16 U.S.C. 1361 et seq.), the Regulations

Governing the Taking and Importing of Marine Mammals (50 CFR part 216),

the Endangered Species Act (EIS) of 1973, as amended (16 U.S.C. 1531 et

seq.), the regulations governing the taking, importing, and exporting

of endangered fish and wildlife (50 CFR part 222), the Fur Seal Act of

1966, as amended (16 U.S.C. 1151 et seq.), and fur seal regulations at

50 CFR part 215. ARPA and NMFS invite interested parties to participate

in determining the scope of significant issues to be addressed in the

EIS. Significant issues currently under consideration by ARPA and NMFS

are: the potential effects of the proposed low frequency sound source

on marine mammals, sea turtles, and other marine resources, including

fish; alternatives with respect to site selection; and, as a related

issue, the purpose of the ATOC program, and an evaluation thereof as

compared to other possible alternatives for assessing global warming.

ARPA and NMFS will also consider as part of the scoping process,

comments received at a public hearing to be held in California on May

16, 1994, from 5 p.m. to 10 p.m. at the Santa Cruz Civic Auditorium,

307 Church Street, Santa Cruz, California co-sponsored with the

Monterey Bay National Marine Sanctuary. The period from 5 p.m. to 6

p.m. will be allotted for the applicant to provide a brief description

of an udpated research program. Upon completion of a draft EIS on the

proposed application, ARPA and NMFS will solicit public comments on it,

as well.

Dated: April 28, 1994.

William W. Fox, Jr.,

Director, Office of Protected Resources, National Marine Fisheries

Service, Department of Commmerce.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 94-10667 Filed 4-29-94; 8:45 am]

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