[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60407-60411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26087]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 083000A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Oil and Gas Exploration Drilling Activities in the Beaufort Sea

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

ACTION: Notice of receipt of application and proposed authorization for 
a small take exemption; request for comments.

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SUMMARY: NMFS has received a request from Phillips Alaska, Inc., 
(Phillips) for an authorization to take small numbers of marine mammals 
by harassment incidental to conducting exploration drilling activities, 
during the winter, offshore Prudhoe Bay, in the U.S. Beaufort Sea off 
Alaska. Under the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to authorize Phillips to 
incidentally take, by harassment only, small numbers of ringed and 
bearded seals while conducting this activity.

DATES: Comments and information must be postmarked no later than 
November 13, 2000. Comments will not be accepted if submitted via e-
mail or the Internet.

ADDRESSES: Comments on the application should be addressed to Donna 
Wieting, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910-3225. A copy of the application and a list of references used in 
this document may be obtained by writing to

[[Page 60408]]

this address or by telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, ext. 128, or Brad Smith, 
Western Alaska Field Office, NMFS, (907) 271-5006.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers 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 if 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 for 
activities in Arctic waters, including requirements for peer-review of 
a monitoring program and a plan of cooperation between the applicant 
and affected subsistence users. For additional information on the 
procedures to be followed for this authorization, please refer to that 
document.

Summary of Request

    On August 1, 2000, NMFS received an application from Phillips 
requesting a 1-year authorization for the possible harassment of small 
numbers of marine mammals incidental to constructing an ice road and an 
ice island at the McCovey Prospect Area and drilling one or more oil 
exploration wells at that location during the winter, 2000/2001. The 
drilling location at McCovey is approximately 14 mi (22.5 kilometers 
(km)) north of East Dock at Prudhoe Bay, 7 mi (11.3 km) northwest of 
Cross Island, and 12 mi (19.3 km) east of the Northstar Unit.
    The purpose of the operation is to evaluate the oil and gas 
potential of Phillips' operated leases in the McCovey area. The well 
will be drilled from an ice island constructed at the beginning of the 
winter drilling season. Some equipment may be staged on Reindeer Island 
prior to freeze-up; however, a majority of the equipment will be staged 
using the ice road.
    Ice island construction is expected to begin when ice conditions 
are thick enough to allow heavy equipment to be transported to the 
location via ice road (approximately December, 2000). One well is 
planned to be drilled from a surface location in Outer Continental 
Shelf Lease Block Y-1577. Depending on the results found from this 
well, well tests may be performed and a sidetrack may be drilled as 
length of season permits. All drilling and well-testing operations will 
be performed only during the 2000-2001 winter drilling season and will 
be discontinued in May 2001 before ice break-up (which usually occurs 
in late June or July). Drilling and testing operations will not be 
conducted in broken ice or open water periods. The McCovey exploration 
well will be plugged and abandoned regardless of any commercial value 
demonstrated during well testing and reservoir evaluation. The 
exploration well is expected to be moved back down the ice road after 
operations are completed. This is expected to occur between about April 
20 and May 2.
    Prior to freeze-up in late October, 2000, materials will be barged 
to Reindeer Island for staging. This includes pumps, a support camp, 
rolligons and diesel fuel in storage tanks. The storage tanks will be 
in a containment capable of holding 110 percent of the capacity of the 
tanks. An ice pad will be constructed at Reindeer Island initially for 
the support camp and will be later used for the rigging camp. A 12-14 
mi (19.3-22.5 km) ice road will be constructed from either West Dock or 
East Dock in Prudhoe Bay out to the McCovey location. The actual 
location and length of the ice road will depend on ice conditions prior 
to commencing operations. The ice road will then be used to transport 
the ice island construction equipment and the drilling rig out to the 
McCovey location.
    The ice roads are expected to be completed and ready for heavy 
traffic by mid-February. Following construction, the road will be 
maintained using graders with snow wings and front-end loaders with 
snow blowers until ice-road travel is no longer possible, typically in 
mid-May.
    The McCovey Ice Island will be located in 37 ft (11.2 m) of water. 
Pumps will be used to spray seawater into the cold air to form ice-
crystals. The sprayed seawater is first used to thicken the ice at the 
island location to 2-3 m (6.6-9.8 ft). Then the water will be 
redirected to the center of the island to ground the island core. The 
ice island diameter is expected to be 850 ft (259.1 m) at the waterline 
and 600 ft (182.9 m) at the working surface above the water.
    After completion of the ice road and island, a land-based drilling 
rig will be transported to the location. The support camp will be 
located on an ice pad constructed on Reindeer Island throughout the 
drilling operations. Reindeer Island is approximately 4.5 mi (7.2 km) 
from the ice island location. All drilling materials will be 
transported to the ice island by ice road and staged on the ice island. 
Muds and cuttings will be discharged to the sea ice in accordance with 
the General Offshore National Pollution Discharge Elimination System 
permit requirements.
    A more detailed description of the work planned is contained in the 
application (Phillips, 2000) and is available upon request (see 
ADDRESSES).

Description of Habitat and Marine Mammals Affected by the Activity

    A detailed description of the Beaufort Sea ecosystem and its 
associated marine mammals can be found in several documents (Corps of 
Engineers, 1999; Minerals Management Service (MMS), 1990, 1992, 1996; 
NMFS, 1997).

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 others, can be found in several other documents 
(Small and DeMaster, 1995; Hill and DeMaster, 1998; Hill et al., 1999; 
NMFS, 1997). Please refer to those documents for information on the 
biology, distribution and abundance of these species. However, because 
the proposed oil exploration activity will take place only during the 
winter, only ringed seals, and possibly a few bearded seals, have any 
potential to be impacted by the project. A description of the biology 
and abundance of these latter species are addressed in NMFS' 
Environmental Assessment (EA) on Winter Seismic Activities (NMFS, 
1998). The documents mentioned here and in other parts of this document 
are considered part of this decision-making process.

[[Page 60409]]

    In addition to the species mentioned in the preceding paragraph, 
polar bears (Urus maritimus) also have the potential to be taken 
incidental to the proposed activity. This species is under the 
jurisdiction of the U.S. Fish and Wildlife Service (USFWS). As a 
result, Phillips has applied for a Letter of Authorization from the 
USFWS for the taking of this species incidental to the McCovey drilling 
project.

Potential Impacts on Marine Mammals

    Disturbance by noise is the principal means for potential takings 
by harassment by this activity. The marine mammal most likely to be 
impacted by construction of the ice road and ice island is the ringed 
seal. A slight possibility exists to impact bearded seals. While the 
applicant noted that there is a chance that a ringed seal could be 
killed during ice road construction (and ice island construction), NMFS 
believes that noise from road and island construction activity, the 
timing of the construction in December, and the monitoring described in 
the next section of this document, will make the injury or mortality of 
ringed seals very unlikely. However, the ice island location cannot be 
moved due to the engineering required for ice island design and 
construction. As a result, breathing holes or structures located within 
the footprint of the island will be covered by ice and the seals would 
need to relocate. However, constructing the island in December will 
mitigate the potential for damage to birthing lairs, since ringed seal 
ice structures are not well developed at this time of the year, pups 
are not born until mid-March in this area, and several structures would 
be available for each seal by that time for use as birthing and pupping 
lairs.
    Site specific ringed seal survey work was conducted by Western 
Geophysical at the McCovey location during April, 2000 (Coltrane and 
Williams, 2000). A total of 22 seal structures were found in the core 
survey area and the surrounding 1 km (0.62 mi) monitoring zone. An 
additional 21 structures were found in the transit survey route. 
Seventeen of the structures were breathing holes, 20 were lairs, and 6 
were unidentified; none of the identified lairs were birthing lairs. 
Coltrane and Williams (2000) reported that twenty-eight structures were 
revisited later. The remaining 15 structures were not rechecked as 
these structures were either of unknown status or frozen at the time of 
the initial search. Four breathing holes were found to be abandoned 
since the initial search (one was abandoned due to research, not 
industrial activity). The total abandonment rate of active seal 
structures after shallow hazards survey operations was 11 percent (3 of 
28). In addition, the initial survey revealed that 19 percent (8 of 43) 
of the structures located had already been abandoned prior to any 
industrial searches. This natural abandonment rate was comparably 
higher than the abandonment rate after industrial activities in the 
area (19 percent compared to 11 percent).
    Aerial surveys of seal density and abundance, conducted in 1997 in 
support of the Northstar project (which is approximately 9 miles (14.5 
km) to the west from the proposed McCovey Prospect), indicated an 
average density over the area (including the McCovey Prospect area) of 
0.43 ringed seals/km2. The overall observed density on landfast ice, 
over water depths of 5-20 m (16.4-65.6 ft), was 0.42 ringed seals/km2 
(Miller et al., 1998). Surveys conducted in 1999 by Richardson and 
Williams (2000) indicated an overall observed density of 0.56 seals/
km2. Excluding waters less than 3 m (9.8 ft) deep where ringed seals 
were rarely seen, the overall observed density was 0.63 seals/km2. The 
overall observed density in areas greater than 3 m (9.8 ft) deep was 
higher in 1999 than in either 1997 or 1998 (0.39 seals/km2).
    Based on the methodology for assessing ringed seal takes by 
industrial activities at Northstar (see BP Exploration (Alaska), 1998), 
Phillips estimates that less than 31 ringed seals may be within an area 
where harassment takings might potentially occur. This estimate is 
based on the assumptions that any ringed seals within 0.4 mi (0.644 km) 
of the ice road and within 2.3 mi (3.7 km) of the ice island may be 
able to hear the noise associated with the McCovey Prospect. This 
estimate is based on the density recorded during the 1997 aerial survey 
of 0.42 seals/km2 (Miller et al. 1998). Phillips believes that this 
estimate of take is very conservative, since the noise associated with 
ice island construction should be less than the noise associated with 
construction of the gravel island at Northstar. The 2.3 mi (3.7 km) was 
based on noise measurements made by Greene (1983) for construction of 
Seal Island in 1982. Also, the estimated ``take'' is based on the 
entire ice road length of 12.5 miles (20.12 km) with no deduction for 
areas where the ice road may cross grounded ice (with no ringed seal 
presence). It should be recognized moreover, that NMFS does not 
consider a taking to have occurred simply because an animal hears a 
noise or has a minor startle reaction to the noise. In order for NMFS 
to consider a taking to have occurred, the reaction by the marine 
mammal needs to result in a behavioral response that may have 
biological significance on the part of the animal. A biologically 
significant behavioral response is a response that affects biologically 
important behavior, such as survival, breeding, feeding and migration, 
which have the potential to impact the reproductive success of the 
animal. For ringed seals, simply hearing industrial noise or hearing it 
and abandoning, either temporarily or permanently, one of its several 
breathing holes, is not considered significant. A biologically 
significant response, for example, would be displacement that affects 
mating, access to critical feeding areas, or weaned pups leaving one 
lair for another (which although also done naturally to avoid 
predation, can, in either case, affect survival).
    Bearded seals are not expected to be in the area except in very 
small numbers and therefore should not be affected by the activity. 
Bearded seals are benthic feeders and the Beaufort Sea provides only 
limited habitat for them. In addition, their preference for open water 
further limits the potential for their being in this area at this time 
of the year.
    Therefore, based on the above discussion, NMFS preliminarily 
concludes that the taking, by noise harassment incidental to 
construction of the ice road and ice island, will result in no more 
than a few dozen harassment takings by this activity.

Potential Effects on Subsistence Needs

    NMFS has not identified any unmitigable adverse impacts by this 
activity on the availability of the species or stock(s) of marine 
mammals for subsistence needs.

Potential Effect on Habitat

    The ice island will be a temporary structure on the winter ice. The 
temporary loss of this area is negligible when compared to the size of 
the nearshore Beaufort Sea. When drilling and well-testing operations 
are completed, the well will be plugged and abandoned in accordance 
with MMS and Alaska Oil and Gas Conservation Commission regulations. 
This abandonment will leave the project area in essentially an 
unmodified condition, since there will be no wellhead or other 
structures remaining above the ocean floor.
    In the unlikely event that there is an oil spill, Phillips has 
prepared an oil discharge prevention and contingency plan (ODPCP) 
specifically for this activity. The ODPCP is an extensive

[[Page 60410]]

document that addresses spill response, several spill scenarios, 
cleanup activities, and numerous other aspects of oil spill prevention 
and response. Oil spill response teams are located in Deadhorse, AK. 
Phillips and other operators have oil spill response equipment 
available in each current or soon-to-be oil-producing area on the North 
Slope.

Mitigation

    Several mitigation measures to reduce the potential for marine 
mammal harassment will be implemented by Phillips as part of their 
proposed activity. These include:
    (1) Conducting a winter drilling program using a land-based rig 
instead of using either the Concrete Island Drilling System platform, a 
floating platform, or a semisubmersible platform. The latter two 
platforms would require the need for icebreaker vessels; and
    (2) Conducting drilling operations during winter months instead of 
during the open water season, and
    (3) Constructing the ice road and ice island in December before 
seal structures are made into fully-developed lairs, and especially 
before constructing of the birth lair in March.

Marine Mammal Monitoring

    Phillips proposes to utilize trained dogs or visual observations to 
assess the level of take of ringed seals during project activities. 
Prior to commencing ice road or ice island construction, trained dogs 
would be used to locate seal breathing holes and lairs along the 
proposed footprint of the ice road route and ice island pad. An 
adjacent 50-m (164 ft) buffer along the ice road route and a 1 km (0.62 
mi) buffer around the ice island will also be surveyed. In the event 
that trained dogs are not available for the survey due to scheduling, 
Phillips proposes to employ a visual survey prior to onset of 
construction activities. The visual survey would involve searching the 
designated area for breathing holes, and examining pressure ridges, ice 
hummocks, and deep ice cracks for lairs. Attempts will be made to 
confirm the presence of lairs by using an aluminum rod to locate the 
breathing hole or lair access hole where practical. Success in visually 
locating lairs will be limited by the relatively low density of ringed 
seals combined with the difficulty of finding breathing holes or lairs 
on snow-covered ice during winter conditions. A professional marine 
mammal biologist and an Inupiat hunter would be conducting the visual 
survey.
    Once drilling begins, a designated polar bear watch (typically an 
Inupiat hunter) will also look for and record seal activities. Because 
of the low expectation of interactions during the winter with marine 
mammals that are under the jurisdiction of NMFS, dedicated observers 
are not considered necessary on the ice island. As a result, NMFS 
proposes to require as part of the Authorization that Phillips instruct 
the polar bear watchperson to maintain a sightings-and-behavior log for 
seals that is separate from the Polar Bear Sightings Log. This latter 
reporting requirement is mandated by 50 CFR 18.27.
    In order to obtain an indication of ringed seal response to 
Phillips' operations, a second seal structure survey will be conducted 
near the end of the McCovey project activities. The second survey will 
be conducted by biologists on snow machines using Differential Global 
Positioning System units to relocate and determine presence/absence of 
seals in lairs identified during the first survey. Any new holes would 
also be noted.
    NMFS notes however, that current regulations for winter ice road 
construction for both Northstar (see 65 FR 34014, May 25, 2000) and on-
ice vibroseis surveys (see 63 FR 5277, February 2, 1998), require ice 
roads to be surveyed a distance of 150 m (492 ft) from either side of 
the disturbed ice. Preliminarily, it is NMFS' intention to require 
similar monitoring for this project's ice road construction. In 
addition, NMFS proposes to require that all ice roads constructed in 
the Beaufort Sea be monitored by trained dogs until such time as NMFS 
has clear evidence that ice roads and other activities taking place 
during the winter are not having a cumulative impact on ringed seals or 
until peer-reviewed research has shown that human monitoring for ringed 
seal structures without dogs is as effective as using dogs. As such, 
trained dogs are required to be used for surveying for ringed seal 
structures, using that information to mitigate the impact to the 
greatest extent practicable, and to follow up those surveys at an 
appropriate time during or after the season to indicate the fate of 
those structures. NMFS proposes that a condition of the Incidental 
Harassment Authorization (IHA) be that if NMFS determines dogs are not 
available, then, and only then, would the human monitoring be 
authorized. Failure to use dogs when available would be considered a 
violation of the IHA and may result in suspension or termination of 
that IHA.

Reporting

    NMFS proposes to require Phillips to submit one report under this 
proposed authorization. This report will be required 90 days after 
completion of activities authorized for marine mammal takings.

National Environmental Policy Act

    The activity proposed by Phillips was the subject of a Final 
Environmental Impact Statement prepared by MMS in conjunction with 
Lease Sale 124 (MMS, 1990). In addition, in 1997 NMFS prepared and 
released an EA that addressed the impacts on the human environment from 
issuance of an authorization for taking marine mammals incidental to 
conducting oil exploration activities during winter and the 
alternatives to the proposed action. A Finding of No Significant Impact 
was signed on September 25, 1997.

Conclusions

    NMFS has preliminarily determined that the short-term impact of 
exploration drilling and related activities in the Beaufort Sea will 
result, at worst, in a temporary modification in behavior by certain 
species of pinnipeds. While behavioral modifications may be made by 
these species of marine mammals to avoid the resultant noise from ice 
road and ice island construction, transporting the oil rig and supplies 
on the ice road, or due to drilling activities, this behavioral change 
is expected to have a negligible impact on the animals.
    While 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 
activity area, the number of potential harassment takings is estimated 
to be small. In addition, no take by injury and/or death is anticipated 
and takes will be at the lowest level practicable due to incorporation 
of the mitigation measures mentioned previously. No known rookeries, 
mating grounds, areas of concentrated feeding, or other areas of 
special significance for marine mammals occur within or near the 
planned area of operations during the season of operations.

Proposed Authorization

    NMFS proposes to issue an IHA to Phillips for the possible 
harassment of small numbers of ringed seals and bearded seals 
incidental to constructing an ice road and ice island and drilling an 
oil exploration well at the McCovey Prospect during the winter 2000/01, 
provided the previously mentioned

[[Page 60411]]

mitigation, monitoring and reporting requirements are carried out. NMFS 
has preliminarily determined that the proposed activities would result 
in the harassment of only small numbers of ringed and bearded seals, 
will have a negligible impact on these marine mammal stocks; and will 
not have an unmitigable adverse impact on the availability of these 
stocks for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: October 4, 2000.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 00-26087 Filed 10-10-00; 8:45 am]
BILLING CODE: 3510-22 -S