[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 9965-9966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5010]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 990204042-9042-01; I.D.123198B]
RIN 0648-AM09


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction and Operation of Offshore Oil and Gas 
Platforms in the Beaufort Sea

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

ACTION: Notice of receipt of a petition for rulemaking and an 
application for a small take exemption; request for comment and 
information.

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SUMMARY: NMFS has received a request for two Letters of Authorization 
(LOAs) from BP Exploration (Alaska), 900 East Benson Boulevard, 
Anchorage, AK 99519 (BPXA) for the take of small numbers of marine 
mammals by harassment incidental to construction and operation of 
offshore oil and gas platforms at the Northstar and Liberty 
developments in the Beaufort Sea in state and Federal waters. BPXA has 
also petitioned NMFS for regulations to govern that take. In order to 
promulgate these regulations, NMFS must determine that these takings 
will have a negligible impact on the affected species and stocks of 
marine mammals, and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. NMFS 
invites comment on the application, and suggestions on the content of 
the regulations.

DATES: Comments and information must be postmarked no later than March 
31, 1999.

ADDRESSES: Comments should be addressed to the Chief, Marine Mammal 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3226. A copy 
of the application may be obtained by writing to this address or by 
telephoning one of the contacts listed here (see FOR FURTHER 
INFORMATION CONTACT). A copy of the draft environmental impact 
statement (DEIS) for Northstar may be obtained by contacting the U.S. 
Army Engineer District, Alaska, Regulatory Branch, P.O. Box 898, 
Anchorage, AK 99506-0898.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-
2055, Brad Smith, (907) 271-5006.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 
1361 et seq.) (MMPA) 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 regulations are issued.
    Permission may be granted for periods of 5 years or less if the 
Secretary 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 
regulations are prescribed setting forth the permissible methods of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.

Summary of Request

    On November 30, 1998, NMFS received an application requesting a 
small take exemption under section 101(a)(5)(A) of the MMPA from BPXA 
to take marine mammals incidental to the construction and operation of 
offshore oil and gas platforms at the Northstar and Liberty 
developments in the Beaufort Sea in state and Federal waters.
    BPXA proposes to produce oil from two offshore oil developments, 
Northstar and Liberty. These two developments will be the first in the 
Beaufort Sea that use a subsea pipeline to transport oil to shore and 
then into the Trans-Alaska Pipeline System.
    The Northstar Unit is located between 2 and 8 miles (mi)(3.2 and 
12.9 kilometers (km)) offshore from Pt. Storkersen, AK. This unit is 
adjacent to the Prudhoe Bay industrial complex and is approximately 54 
mi (87 km) northeast of Nuiqsut, a Native Alaskan community. During 
1998-1999 (year 1), a gravel island will be constructed this winter and 
spring, followed by construction work on the island during the 1999 
open-water season. Incidental takes of whales and seals during this 
period are expected to be authorized under an Incidental Harassment 
Authorization (IHA) issued under section 101(a)(5)(D) of the MMPA (see 
63 FR 57096, October 26, 1998). However, because of the possibility 
that construction might be delayed until after expiration of the IHA, 
work described in the cited Federal Register document may be conducted 
during the effectiveness period of these regulations. Following is a 
brief description of the proposed scope of work for Northstar and 
Liberty projects. For more detailed descriptions please refer to either 
the BPXA application or to the DEIS, both of which are available upon 
request (see ADDRESSES).
Northstar
    The proposed construction activity includes the construction of 
several ice roads, one from West Dock and the Pt McIntyre drill site to 
the Northstar gravel mine and one from the mine site to Seal Island. In 
the second year of construction an ice road will be constructed 
parallel to the coast from Pt. McIntyre to the location of the pipeline 
crossing and then along the pipeline route to Seal Island. Construction 
of a gravel island work surface for drilling and oil production 
facilities will take place during the first winter and into the open 
water season. The transport and installation of the drill rig and 
associated equipment via the ice road, and the construction and 
installation of two 10 in (0.25 m) pipelines, one to transport crude 
oil and one for gas for field injection, will all occur during year 2. 
The two pipelines will be buried together in a single trench.
    It is estimated that during the winter approximately 16,800 large-
volume haul trips between the onshore mine site and a reload area in 
the vicinity of Egg Island, and 28,500 lighter dump truck trips from 
Egg Island to Seal Island will be necessary to transport construction 
gravel to Seal Island. An additional 300 truck trips will be necessary 
to transport concrete-mat slope protection materials to the island. 
During the summer approximately 90 to 100 barge trips from Prudhoe Bay 
or Endicott are expected to support construction.
    The operational phase will begin with drilling, which will continue 
for 2 years. Drilling is scheduled to begin in February 2000, using 
power supplied by diesel generators. This phase of drilling will 
continue until the power plant is operational in November 2000. 
Drilling will continue until February 2002, when all 23 development 
wells (15 production, 7 gas injection) are expected to be drilled. 
After drilling is completed, only production-related site activities 
will occur. In order to support operations at Northstar, the proposed 
operations activity includes the annual construction of an ice road 
from Pt. McIntyre to the shore crossing of the

[[Page 9966]]

pipeline and along the pipeline route to Seal Island. Ice roads will be 
used to resupply needed equipment, parts, foodstuffs, and products, and 
for hauling wastes back to existing facilities. During the summer, 
barge trips will be required between West Dock or Endicott and the 
island for resupply.
    Year-round helicopter access to Northstar is planned for movement 
of personnel, foodstuffs and emergency movement of supplies and 
equipment. Helicopters will fly at an altitude of at least 1,000 ft 
(305 m), except for takeoffs, landings, and safe-flight operations.
Liberty
    The BPXA Liberty development will be a self-contained offshore 
drilling/production facility located on a man-made gravel island with 
pipelines to shore. The facility will be constructed in Foggy Island 
Bay in approximately 22 ft (7 m) of water.
    The proposed construction and production activities are similar to 
those for the Northstar development described previously, except that 
Liberty involves construction of a new island, located south of the 
barrier islands whereas Northstar is to be constructed on the existing 
remains of Seal Island, north of the barrier islands. Liberty 
construction will begin in December, 1999, ending in summer, 2001, with 
planned production startup in November, 2001. Construction may take 2 
years or may be compressed into a single year. Well drilling is 
expected to be completed by February, 2003.

Description of Habitat and Marine Mammal Affected by the Activity

    A detailed description of the Beaufort Sea ecosystem and its 
associated marine mammals can be found in the DEIS prepared for the 
Northstar development (Corps of Engineers (Corps), 1998) and in the 
BPXA application. This information is not repeated here but will be 
considered part of the record of decision for this rulemaking. A copy 
of the DEIS is available from the Corps upon request (see ADDRESSES).
Marine Mammals
    The Beaufort/Chukchi Seas support a diverse assemblage of marine 
mammals, including bowhead whales (Balaena mysticetus), gray whales 
(Eschrichtius robustus), beluga (Delphinapterus leucas), ringed seals 
(Phoca hispida), spotted seals (Phoca largha) and bearded seals 
(Erignathus barbatus). Descriptions of the biology and distribution of 
these species and of others can be found in several documents (e.g., 
Hill et al., 1997) including the BPXA application and the DEIS. Please 
refer to those documents for information on these species.

Summary of Impacts

    Although the potential impacts to the several marine mammal species 
known to occur in these areas is expected to be limited to harassment, 
a small number of marine mammals may incur lethal and serious injury. 
The applicant also requests that in the unlikely event that a small 
number of marine mammals might be contacted by oil from an oil spill, 
that these takes also be covered by the regulations.
    Sounds and non-acoustic stimuli are expected to be generated by 
vehicle traffic, ice cutting, pipeline construction, offshore 
trenching, gravel dumping, pile driving, vessel and helicopter 
operations, and general operations of oil and gas facilities (e.g., 
generator sounds and gas flaring). The sounds generated from 
construction operations and associated transportation activities will 
be detectable underwater and/or in air some distance away from the area 
of activity. The distance will depend on the nature of the sound 
source, ambient noise conditions, and the sensitivity of the animal 
receiving the sound. At times, some of these sounds are likely to be 
strong enough to cause avoidance or other disturbance reactions by 
small numbers of marine mammals. The type and significance of 
behavioral reaction is likely to depend on the behavior of the animal 
at the time of reception as well as the distance and level of the sound 
relative to ambient conditions.
    Because of the potential impact to marine mammals, BPXA has 
requested NMFS to promulgate regulations under section 101(a)(5)(A) of 
the MMPA and issue two LOAs that would authorize the incidental taking.

National Environmental Policy Act (NEPA)

    On June 12, 1998 (63 FR 32207), the Environmental Protection Agency 
noted the availability for public review and comment a DEIS prepared by 
the Corps under NEPA on Beaufort Sea oil and gas development at 
Northstar. Comments on that document were accepted by the Corps until 
August 31, 1998 (63 FR 43699, August 14, 1998). NMFS is a cooperating 
agency, as defined by the Council on Environmental Quality regulations 
(40 CFR 1501.6), on the preparation of this document. This DEIS, which 
supplements information contained in the petition and application, is 
considered part of NMFS' record of decision for determining whether the 
activity proposed for receiving a small take authorization is having a 
negligible impact on affected marine mammal stocks and not having an 
unmitigable adverse impact on subsistence needs.
    On February 12, 1998 (63 FR 9015), the Minerals Management Service 
announced its intent to prepare a DEIS on the proposed development and 
production plan for the Liberty Project. That DEIS is not presently 
available to the public.
    NMFS proposes that these two comprehensive documents will meet its 
NEPA responsibilities. These documents will be considered part of NMFS' 
record of decision for determining whether the activity proposed for 
receiving a small take authorization is having a negligible impact on 
affected marine mammal stocks and not having an unmitigable adverse 
impact on subsistence needs. Based upon a review of the respective 
Final EIS (FEIS) and the comments received during rulemaking, NMFS will 
(1) adopt the Corp and MMS FEISs, (2) amend the Corps and or MMS FEIS 
to incorporate relevant comments, suggestions and information, or (3) 
prepare supplemental NEPA documentation.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning the BPXA request and the structure and 
content of the regulations to allow the taking. In particular, NMFS is 
requesting comment on its plan to propose a single set of 5-year 
regulations that would govern incidental takings for Northstar and 
Liberty construction and operation with issuance of annual LOAs for 
these activities; and provide for authorizations for additional 
Beaufort Sea oil and gas development projects after notice-and-comment 
rulemaking. If NMFS proposes regulations governing the taking, 
interested parties will be provided an additional comment period on the 
content of the proposed rule.

    Dated: February 22, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-5010 Filed 2-26-99; 8:45 am]
BILLING CODE 3510-22-F