[Federal Register: July 27, 1998 (Volume 63, Number 143)]
[Notices]               
[Page 40103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy98-47]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 071498A]

 
Incidental Taking of Marine Mammals; Acoustic Harassment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of workshop on acoustic criteria.

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SUMMARY: NMFS announces that it will convene a panel of independent 
experts in marine acoustics to discuss various technical aspects of the 
problem of marine mammals and anthropogenic noise. While the 
proceedings are open to the general public for observation, the 
public's ability to interact with the expert panel will be limited to 
specified times during the proceedings.

DATES: The workshop will be held September 9 through September 11, 
1998, from 9 a.m. until 5 p.m. each day.

ADDRESSES: The Workshop will be held at the Silver Spring Metro Center 
Building 4, NOAA Science Center, 1301 East-West Highway, Silver Spring, 
MD.

FOR FURTHER INFORMATION CONTACT: Roger Gentry or Kenneth R. 
Hollingshead, Office of Protected Resources, NMFS, telephone (301) 713-
2055.

SUPPLEMENTARY INFORMATION: Anthropogenic sounds in the marine 
environment are increasing over the span of decades, with possible 
adverse impacts on the marine biota, in particular marine mammals. 
These sounds come from shipping, military (and civilian) explosives, 
seismic profiling (both oil and gas exploration and for seismic/
geological hazards), government, commercial, and private sonars, 
dredging, drilling and pile driving, military activities, use of 
acoustic deterrence, and some scientific research. Some sounds may be 
loud enough to cause physical injury to marine mammals. The Marine 
Mammal Protection Act (MMPA) defines ``take'' to include ``harass.'' 
Harassment includes a disturbance or a disruption of behavioral 
patterns, including migration, breathing, nursing, breeding, feeding, 
or sheltering (16 U.S.C. 1362(18)). While it is clear that certain 
takings (e.g., those that cause serious injury or mortality or result 
in large scale displacements of a marine mammal population) require an 
authorization under the MMPA (unless exempted), it is less clear what 
level of anthropogenic sounds might cause behavioral modification or 
affect hearing sufficient to require authorizations under the MMPA and 
the Endangered Species Act. Additionally, at this time scientific data 
demonstrating that certain sounds result in the harassment of marine 
mammals are lacking, and it is not known to what extent NMFS should 
apply data from surrogate species to marine mammals.
    The workshop will consist of experts in the fields of animal 
bioacoustics, underwater sound, and animal behavior. The workshop will 
consider whether different criteria are needed for explosions, pulsed 
sound, intermittent sound, and continuous sound, the preferred units in 
which to report these levels, and other approaches as alternatives to 
proximity for estimating the effects of sound on marine mammals.

    Dated: July 21, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-19992 Filed 7-24-98; 8:45 am]
BILLING CODE 3510-22-F