[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Notices]
[Pages 38715-38717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18896]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050196A]
Taking and Importing of Marine Mammals; Offshore Seismic
Activities in the Beaufort Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization to take small numbers of bowhead whales and
other marine mammals by harassment incidental to conducting seismic
surveys in the Northstar Unit and nearby waters, in the Beaufort Sea in
state and federal waters has been issued to BP Exploration (Alaska) 900
East Benson Boulevard, Anchorage, AK 99519 (BPXA).
EFFECTIVE DATE: This authorization is effective from July 18, 1996,
until November 1, 1996, unless extended.
ADDRESSES: The application, authorization, revised monitoring plan, and
environmental assessment (EA) are available by writing to the Chief,
Marine Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225, by telephoning one of the contacts listed below or by leaving a
voice mail request at (301) 713-4070.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, NMFS, (301) 713-
[[Page 38716]]
2055, Ron Morris, Western Alaska Field Office, NMFS, (907) 271-5006.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to allow, upon request, the
incidental, but not intentional taking 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, notice of a proposed authorization is provided to the
public for review.
Permission may be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses, and the permissible methods of taking
and requirements pertaining to the monitoring and reporting of such
taking are set forth.
On April 10, 1996 (61 FR 15884), NMFS published an interim rule
establishing, among other things, procedures for issuing incidental
harassment authorizations under section 101(a)(5)(D) of the MMPA in
Arctic waters. For additional information on the procedures to be
followed for this authorization, please refer to that document.
Summary of Request
On March 18, 1996, NMFS received an application from BPXA
requesting an authorization for the harassment of small numbers of
several species of marine mammals incidental to conducting seismic
surveys during the open water season in waters in the Northstar Unit
and in nearby waters, located in the U.S. Beaufort Sea. The survey is
expected to take place between approximately July 20 and October 20,
1996, but would continue longer if ice conditions permit. A detailed
description of the work planned is contained in the application and is
available upon request (see ADDRESSES).
Comments and Responses
On May 20 and 21, 1996, NMFS met in Seattle, WA, with the
applicant, the North Slope Borough, Minerals Management Service, and
the Alaska Eskimo Whaling Commission (AEWC) to discuss the proposed
monitoring plan. As a result of those discussions, the monitoring plan
that was submitted with the application was revised. The revised
monitoring plan that was submitted to NMFS and participants on June 11,
1996 was reviewed by a peer-review committee on or about June 1, 1996.
This document is available upon request (see ADDRESSES).
A notice of receipt of the application and proposed authorization
was published on May 28, 1996 (61 FR 26501) and a 30-day public comment
period was provided on the application and proposed authorization.
During the comment period, the comments received were from the
applicant, the Marine Mammal Commission (MMC), the peer-review
committee for the monitoring plan, and from one scientist retained by
the AEWC. The comments of the applicant pertained to minor corrections
to the proposed authorization notice, most notably that the survey is
an ocean bottom cable survey, not a seismic streamer survey, and that
ramp-up of the source, as proposed, was not technologically feasible.
As a result, the ramp-up requirement has been modified to mandate that
the procedure begin by firing the smallest gun first, and then adding
additional guns in sequence until the full array is firing. Comments by
the reviewers mentioned above that discuss issues pertaining to the
contents of the monitoring plan, and the composition of the peer-review
monitoring team, are not discussed further because these comments are
limited either to procedures for conducting surveys and processing
data, or events that have been completed, and not on the potential
impact on marine mammals from the survey. Comments by the MMC
concerning impacts and assessments of marine mammal takes are addressed
below. Additional information on the activity and authorization request
can be found in the proposed authorization notice and is not repeated
here.
Comment 1: Noise from the seismic source may not be the sole source
for marine mammal harassment. Noise from seismic and support vessels
and aircraft may also result in noise.
Response: Noise from these identified sources is recognized as a
secondary source for potential harassment of marine mammals. These
sources are authorized under the incidental harassment authorization.
The monitoring program addresses monitoring for this source of
potential taking.
Comment 2: The documents seem to assume that there is no risk of
marine mammals being hit and killed or injured by any of the vessels or
becoming entangled and killed or injured in the airgun arrays. The MMC
recommends that the authorization is automatically suspended if a
marine mammal is hit and killed by vessels.
Response: The potential for a marine mammal strike by seismic
vessels and support vessels is exceedingly small. As mentioned
previously, OBC surveys do not employ hydrophone arrays, therefore,
injury or death by arrays will not occur. Because: (1) few, if any,
marine mammals are expected in the area during the time of the survey,
(2) the vessels are underway at low speeds while laying or pulling OBC
cable or conducting surveys, and (3) documented observations indicate
that bowhead and gray whales avoid active seismic survey areas, a whale
strike is not likely to occur. If a whale strike occurred, NMFS would
investigate the incident and take appropriate action.
Comment 3: The MMC recommends that NMFS and the applicant ensure
that the observers will be able to see marine mammals within the
designated safety radii around the airgun whenever the arrays are
operating.
Response: Observers will monitor the safety zones and zones of
potential harassment around the source whenever visibility permits.
Harassment assessments will be made based upon percentage of time spent
observing in relation to total time for seismic operations. For the
reasons provided in comment 2 above, few, if any, marine mammals are
expected to approach the vessel and therefore, terminating surveys at
night and during inclement weather is not warranted.
Consultation
Under section 7 of the Endangered Species Act, NMFS has completed
consultation on the issuance of this authorization.
National Environmental Policy Act
In conjunction with the proposed notice, NMFS released an EA that
addressed (1) the impacts on the human environment from issuance of the
authorization, and (2) the alternatives to the proposed action. The EA
also determined that the issuance of an Incidental Harassment
Authorization would not have a significant impact on the human
environment. No comments were received on the EA during the comment
period, and, as a result, NMFS has issued a Finding of No Significant
Impact for the issuance of an Incidental Harassment Authorization to
BPXA. A copy of the EA is available upon request (see ADDRESSES).
Conclusions
NMFS has determined that the short-term impact of conducting
seismic surveys in and near the Northstar Unit
[[Page 38717]]
of the Beaufort Sea will result, at worst, in a temporary modification
in behavior by certain species of cetaceans. While behavioral
modifications may be made by these species of cetaceans to avoid the
resultant noise, this behavioral change is expected to have a
negligible impact on the animals.
The number of potential incidental harassment takes will depend on
the distribution and abundance of marine mammals (which vary annually
due to variable ice conditions and other factors) in the area of
seismic operations. Due to the distribution and abundance of marine
mammals during the projected period of activity and the location of the
proposed seismic activity in waters generally too shallow and distant
from the edge of the pack ice for most marine mammals of concern, the
number of potential harassment takings is estimated to be small. In
addition, no take by injury and/or death is anticipated, and the
potential for temporary or permanent hearing impairment will be avoided
through incorporation of the mitigation measures described in the
authorization.
Because bowhead whales are east of the seismic area in the Canadian
Beaufort Sea until late August/early September, seismic activities are
not expected to impact subsistence hunting of bowhead whales prior to
that date. After September 1, 1996, BPXA will initiate aerial survey
flights for bowhead whale assessments. Appropriate mitigation measures
to avoid an unmitigable adverse impact on the availability of bowhead
whales for subsistence needs was the subject of consultation between
BPXA and subsistence users. As a result of discussions between the two
parties, a Plan of Cooperation has been concluded. This Plan consists
of three main components: (1) Communications, (2) conflict avoidance,
and (3) dispute resolution.
Summer seismic exploration in and near the Northstar Unit has a
small potential to influence seal hunting activities by residents of
Nuiqsut. However, NMFS believes that because (1) the peak sealing
season is during the winter months, (2) the main summer sealing is off
the Colville delta (west and inshore of Northstar), and (3) the zone of
influence by seismic sources on beluga and seals is fairly small, the
Northstar Unit seismic survey will not have an unmitigable adverse
impact on the availability of these stocks for subsistence uses.
Since NMFS is assured that the taking will not result in more than
the incidental harassment (as defined by the MMPA Amendments of 1994)
of small numbers of certain species of marine mammals, would have only
a negligible impact on these stocks, will not have an unmitigable
adverse impact on the availability of these stocks for subsistence
uses, and would result in the least practicable impact on the stocks,
NMFS has determined that the requirements of section 101(a)(5)(D) have
been met and the authorization can be issued.
Authorization
Accordingly, NMFS has issued an incidental harassment authorization
to BPXA for the above described seismic survey during the 1996 open
water season provided the mitigation, monitoring and reporting
requirements described in the authorization are undertaken.
Dated: July 18, 1996.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 96-18896 Filed 7-24-96; 8:45 am]
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