[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Pages 49300-49301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23982]


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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 modification 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 (IHA) issued on July 18, 1996, to BP 
Exploration (Alaska), 900 East Benson Boulevard, Anchorage, AK 99519 
(BPXA) 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 modified. These modifications will: Increase the marine mammal 
safety zones around the seismic array by 100 meters (m)
    (328 ft); allow the activity to move to an area adjacent to the 
area requested in the application due to severe ice conditions; remove 
the requirement for use of Big-Eye binoculars because their use diverts 
observers from performing key observer tasks; require the final report 
be submitted on or before April 1, 1997, rather than 160 days after 
completion of the 1996 season; and note the correct scientific name for 
the bowhead whale.

EFFECTIVE DATE: The authorization is effective from July 18, 1996, 
until November 1, 1996.

ADDRESSES: The application, authorization, modifications, revised 
monitoring plan, and environmental assessment 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) 713-2055, 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 authorizations 
under section 101(a)(5)(D) of the MMPA in Arctic waters. For additional 
information on the procedures that were followed for this 
authorization, please refer to that document.
    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). 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. An 
incidental harassment authorization was issued to BPXA on July 18, 
1996, and a notice of issuance was published in the Federal Register on 
July 25, 1996 (61 FR 38715).
    On July 23, 1996, NMFS received a letter from Dr. W. John 
Richardson, Executive Vice-President, LGL Limited. His letter, on 
behalf of BPXA, recommended three changes to the IHA. Dr. Richardson 
recommended that: (1) The IHA be amended to note the correct scientific 
name for bowhead whales; (2) the requirement for use of Big-Eye 
binoculars be eliminated because their use diverts observers from 
performing key tasks; and (3) the final report be required on or before 
April 1, 1997, rather than 160 days after completion of the 1996 
season. NMFS has reviewed and concurs with these recommended 
modifications. Accordingly, conditions 3(b), 6(b)(5), and 7(b) of the 
IHA were modified on July 26, 1996.
    In addition, on August 29 and 30, 1996, NMFS received two letters 
from BPXA. In the August 29, 1996 letter, NMFS was notified that BPXA 
wanted to conduct seismic operations in an area west of the original 
operating area due to ice conditions in and around the Northstar Unit. 
This letter requested NMFS to modify the IHA to cover this additional 
area for the incidental harassment of marine mammals during seismic 
operations. NMFS has reviewed the application and notes that the new 
area is within the Western Beaufort Sea adjacent to the area proposed 
for seismic exploration as delineated in figure 2 of the application. 
As this location removes seismic operations further away from the area 
used by the Alaska Eskimo Whaling Commission (AEWC) members for the 
fall bowhead hunt; the AEWC has indicated its

[[Page 49301]]

approval of this geographic extension; and this area is neither 
expected to increase the number of marine mammals taken by harassment, 
nor result in additional marine mammal species being taken, NMFS 
modified the IHA on September 9, 1996, to include the waters offshore 
from the Colville River Delta, Alaska.
    The August 30, 1996, letter notified NMFS that, in accordance with 
the results of the transmission loss (TL) test required by condition 
5(d) of the IHA, the safety ranges around the source for pinnipeds and 
cetaceans should be increased by 100 m (328 ft) to 250 and 750 m (820 
and 2,460 ft), respectively. Further investigation determined that 
these increased safety ranges would be appropriate for the seismic 
array only, and would not apply to the use of single airguns, which had 
a 20 dB (re 1Pa @ 1 m) lower amplitude. NMFS understands that 
these increased safety ranges were immediately implemented by BPXA. 
NMFS has reviewed the preliminary results of the TL test and concurs 
with this recommended modification. Accordingly, condition 5(b) of the 
IHA has been modified.

    Dated: September 11, 1996.
Rennie S. Holt,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-23982 Filed 9-18-96; 8:45 am]
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