[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]
BILLING CODE 3510-22-F