[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Notices]
[Pages 11099-11102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5916]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 021102E]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Movement of Steel Drilling Caisson Through the Bering Strait and 
Chukchi Sea and Exploratory Drilling and Associated Activities at the 
McCovey Exploration Prospect in Beaufort Sea, AK

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

ACTION: Notice of receipt of application and proposed incidental 
harassment authorization; request for comments.

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SUMMARY: NMFS has received a request from Alberta Energy Company Ltd. 
Oil and Gas, USA, Inc. (AEC) for an authorization to take small numbers 
of marine mammals by harassment incidental to movement of a Steel 
Drilling Caisson (SDC) from Port Clarence, AK through the Bering Strait 
and Chukchi Sea to the Beaufort Sea to planned exploratory drilling and 
associated activities at the McCovey Exploration Prospect in the 
western Beaufort Sea. Under the Marine Mammal Protection Act (MMPA), 
NMFS is requesting comments on its proposal to authorize AEC to 
incidentally take, by harassment, small numbers of bowhead whales, 
beluga whales, gray whales, killer whales, harbor porpoise, ringed 
seals, bearded seals, and spotted seals in the above mentioned areas 
during May 2002-August 2002 for SDC preparation, movement, refueling, 
and re-supplying and from mid-October 2002 through mid-March 2003 for 
the winter drilling season. The incidental take of polar bears and 
walrus from AEC's planned activities are not covered by this proposed 
incidental harassment authorization, as these species are under 
jurisdiction of the U.S. Fish and Wildlife Service.

DATES: Comments and information must be received no later than April 
11, 2002.

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 used in this document may be 
obtained by writing to this address or by telephoning one of the 
contacts listed here.

FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, (301) 713-2322, ext 
106 or Brad Smith, (907) 271-3023.

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 
no more than a negligible impact on the species or stock(s) and will 
not have an unmitigable adverse impact on the availability of the 
species or stock(s) for subsistence uses and that 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 final 
rule establishing, among other things, procedures for issuing 
incidental harassment authorizations (IHAs) under section 101(a)(5)(D) 
of the MMPA for activities in Arctic waters. For additional information 
on the procedures to be followed for this authorization, please refer 
to 50 CFR 216.107.

Summary of Request

    On December 18, 2001, NMFS received an application from AEC 
requesting an authorization for the harassment of small numbers of 
eight species of marine mammals incidental to movement of a SDC from 
Port Clarence, AK through the Bering Strait to the Beaufort Sea from 
May 2002 through August 2002 and planned exploratory drilling and 
associated activities at the McCovey Exploration Prospect in the 
Beaufort Sea from mid-October 2002 through mid-March 2003. A detailed 
description of these activities proposed for 2002-2003 is contained in 
the application (Lynx Enterprises, Inc., 2001), which is available upon 
request (see ADDRESSES).

Description of Marine Mammals Affected by the Activity

    The region encompassing Port Clarence, AK, the Bering Strait, the 
Chukchi Sea and western Beaufort Sea supports a diverse assemblage of 
marine mammals under NMFS jurisdiction, including bowhead whales 
(Balaena mysticetus), beluga whales(Delphinapterus leucas), gray whales 
(Eschrichtius robustus), killer whales (Orcinus orca), harbor porpoise 
(Phocoena phocoena), ringed seals (Phoca hispida), bearded seals 
(Erignathus barbatus) and spotted seals (Phoca largha). Descriptions of 
the biology, distribution, and current status of these species can be 
found in NMFS Stock Assessment Reports (2000, 1999, and 1997). Please 
refer to those documents for more information on these species.

Potential Effects of SDC Mobilization, Exploratory Drilling, and 
Associated Activities on Marine Mammals

    Potential harassment of marine mammals will result from the noise 
generated by the operation of towing vessels during SDC mobilization 
between Port Clarence and the McCovey Prospect, the noise generated 
during re-fueling and re-supplying the SDC at the

[[Page 11100]]

McCovey Prospect, and the noise generated from the SDC during winter 
drilling operations. The physical presence of vessels and aircraft 
could also lead to disturbance of marine mammals by visual or other 
cues. The potential for collisions between tug vessels and whales will 
be eliminated by the slow tow speed (2 knots) and visual monitoring by 
on-board marine mammal observers.
    Marine mammal species with the highest likelihood of being harassed 
during the SDC mobilization phase (May-July) are: beluga whales, gray 
whales, ringed seals, and bearded seals. Other marine mammal species 
less likely to be harassed during the SDC mobilization phase are: 
spotted seals, killer whales, and harbor porpoise. Bowhead whales are 
not expected to be encountered during the mobilization phase. The SDC 
mobilization route will pass through summering grounds for beluga 
whales in Kotzebue Sound and Kasegaluk Lagoon and the Chukchi Sea 
feeding grounds for gray whales. The potential for harassment in these 
areas is greater since the animals may be aggregated when the SDC will 
be transiting through; however the AEC will be required to monitor for 
marine mammals throughout the transit and alter their route to avoid 
harassment of beluga or gray whales.
    The marine mammal species with the highest likelihood of being 
harassed during re-fueling and re-supply of the SDC at McCovey Prospect 
(July-August) is the ringed seal. This likelihood is based on AEC's 
past experiences at offshore drilling locations in the mid-Beaufort Sea 
(e.g., Warthog, Kuvlum). There is the possibility that bearded and 
spotted seals will also be harassed during re-fueling and re-supply.
    It is not likely that bowhead whales will be impacted by re-fueling 
and re-supply operations since the AEC must finish these operations and 
shutdown (i.e., cold stack ``quiet'' mode) the SDC by late August or 
early September, when bowhead whales begin their westward fall 
migration in the Beaufort Sea. According to 23 years of survey data 
collected by the Minerals Management Service (MMS), North Slope 
Borough, the Alaska Eskimo Whaling Commission (AEWC), and many more 
years of traditional knowledge from Cross Island-based whale hunters, 
the annual fall migration of the bowhead whales is normally many 
kilometers north of the McCovey Prospect. However, because the fall 
migration path of the bowhead whales is dependent on environmental 
conditions (i.e., extent of ice coverage) that vary from year-to-year, 
the extreme southern edge of the fall migration corridor may pass 
closer to McCovey Prospect, increasing the likelihood that bowhead 
whales may be harassed by activities. Beluga whale migrations during 
the open-water refueling and re-supply period are through ice leads 
well beyond the junction of the land-fast ice with the arctic ice pack 
and therefore it would be extremely unlikely that beluga whales would 
be impacted by activities at McCovey Prospect.
    Exploratory drilling and well testing operations at McCovey 
Prospect will only occur after the MMS has determined that the sea ice 
is fully formed around the SDC (approximately mid-November 2002). No 
drilling or other operations at McCovey will occur during periods of 
broken ice or open water conditions. During this drilling period, 
ringed seals (and possibly spotted and bearded seals) will likely be in 
the area; however, there is no evidence that these species abandon 
their winter habitat in the presence of active drilling operations. 
Drilling and well testing operations will cease in March, when the SDC 
will be shutdown (i.e., cold stacked) until fast-ice conditions return 
in November or the SDC will be towed to a different location.

Potential Effects of SDC Mobilization, Exploratory Drilling, and 
Associated Activities on Habitat

    The SDC has an ocean bottom footprint measuring 161.8 meters (m) 
(531 feet, ft) by 109.7 m (360 ft). When exploratory drilling and 
testing operations are completed at McCovey and there is no discovery 
for production, the wells will be plugged and abandoned, and a final 
site clearance will be performed in accordance with MMS and Alaska Oil 
and Gas Conservation Commission regulations. This abandonment activity 
will leave the McCovey Prospect area in an essentially undisturbed 
condition since there will be no wellhead or appurtenances remaining 
above the ocean floor. If there is a discovery for production outcome, 
wells would be plugged and abandoned in a suspended status in 
accordance with the MMS and movement of the SDC will be in accordance 
with the AEWC and the MMS.

Numbers of Marine Mammals Expected to Be Taken

    NMFS estimates, based on current population estimates, past 
activities in the same geographic area and information provided by the 
AEC, that the following numbers of marine mammals may be subject to 
Level B harassment, as defined in 50 CFR 216.3:

------------------------------------------------------------------------
                                                           Estimated
              Species                Population Size    Harassment Takes
                                                           2002/2003
------------------------------------------------------------------------
Bowhead whale                                   8,200                 12
Gray whale                                     26,000                 20
Beluga whale                                   39,258                 50
Harbor Porpoise                                10,946                 10
Killer Whale                                      346                  5
Ringed seal                             1-1.5 million                100
Spotted seal                                 >200,000                 10
Bearded seal                                 >300,000                 20
------------------------------------------------------------------------

Effects of SDC Mobilization, Exploratory Drilling, and Associated 
Activities on Subsistence Needs

    The disturbance and potential displacement of marine mammals by 
sounds from vessels and drilling activities are the principle concerns 
related to subsistence use of the area. The harvest of marine mammals 
(mainly bowhead whales, but also ringed and bearded seals) is central 
to the culture and subsistence economies of the coastal North Slope 
communities. In particular, if migrating bowhead whales are displaced 
farther offshore by elevated noise levels, the harvest of these whales 
could be more difficult and dangerous for hunters.
    Nuiqsut is the community closest to the area of the proposed 
activity, and it harvests bowhead whales only during the fall whaling 
season. In recent years, Nuiqsut whalers typically take two to four 
whales each season (Western

[[Page 11101]]

Geophysical, 2000). Nuiqsut whalers concentrate their efforts on areas 
north and east of Cross Island, generally in water depths greater than 
20 m (65 ft). Cross Island, the principle field camp location for 
Nuiqsut whalers, is located 8.53 kilometers (km) (5.3 mi) southeast of 
the McCovey Prospect. Thus, the possibility and timing of potential re-
fueling, re-supply and drilling operations in the Cross Island area 
requires AEC to provide NMFS with either a Plan of Cooperation with 
North Slope Borough residents or information identifying measures that 
have been or will be taken to avoid any unmitigable adverse impact on 
subsistence needs (see 50 CFR 216.104). AEC's application has 
identified those measures that will be taken to minimize any adverse 
effect on subsistence. In addition, the timing of re-fueling, re-
supply, and drilling operations will be addressed in a Plan of 
Cooperation and a Conflict Avoidance Agreement (CAA) with the Nuiqsut 
whalers and the AEWC (Lynx Enterprises, 2001).
    Whalers from the village of Kaktovik search for whales east, north, 
and west of the village. Kaktovik is located 177 km (110 mi) east of 
the easternmost end of the McCovey Prospect. The westernmost reported 
harvest location was about 21 km (13 mi) west of Kaktovik, near 
70 deg.10'N, 144 deg. W (Kaleak, 1996).
    Many Nuiqsut whale hunters also hunt seals intermittently year 
round. However, during recent years, most seal hunting has been during 
the early summer in open water. In summer, boat crews hunt ringed, 
spotted, and bearded seals. The most important sealing area for Nuiqsut 
hunters is off the Colville delta, extending as far west as Fish Creek 
and as far east as Pingok Island. In this area, during summer, sealing 
occurs by boat when hunters apparently concentrate on bearded seals. 
However, these subsistence hunters have not perceived any interference 
between recent oil and gas activities in the Alaskan Beaufort Sea.
    As part of early consultations with the AEWC, North Slope Borough, 
and village whaling captain associations, AEC has agreed that the SDC 
will be shutdown (i.e., cold stacked, ``quiet mode'') during the annual 
bowhead subsistence hunt (late August-November). This shutdown would 
eliminate the potential for unmitigable adverse impacts on the 
availability of marine mammal species for subsistence purposes as a 
result of the AEC's activities. It is unlikely that AEC's activities 
will have more than a negligible impact on Nuiqsut seal hunting based 
on the distance of the McCovey Prospect from the Colville Delta sealing 
area and AEC's proposed marine mammal monitoring and mitigation 
measures.

Mitigation

    During mobilization of the SDC from Port Clarence to the Beaufort 
Sea, the AEC will have on-board monitors throughout the transit to 
ensure they remain as far as operationally practicable from beluga 
whale concentrations in Kotzebue Sound and Kasegaluk Lagoon and feeding 
gray whales in the Chuckchi Sea.
    AEC proposes to mitigate the potential negative impacts from AEC's 
re-feuling, re-supply, and exploratory activities at the McCovey 
Prospect by planning the timing of operations in such a way as to 
reduce the production of noise during the fall bowhead whale migration. 
This includes putting the SDC into quiet mode (i.e., cold stack) during 
the entire bowhead migration period (approximately mid-August through 
mid-October). In addition to these mitigation measures, the AEC is 
currently working with the AEWC, North Slope Borough, and other whaling 
communities on a number of other issues including mitigation plans in 
the event that the SDC cannot reach the McCovey site prior to the start 
of the bowhead hunt and transit of supply vessels coming from and 
returning to Canada.

Monitoring

    As part of its application, AEC proposed a visual monitoring 
program for assessing impacts to marine mammals during the SDC's 
transit from Port Clarence to the Beaufort Sea and while on-site during 
the entire re-supply period. In addition, marine mammal observers would 
be onboard all re-supply vessels transiting from within U.S. waters. 
NMFS also expects that the AEC will develop an on-ice seal monitoring 
plan for the exploratory drilling phase. The exact nature of such an 
on-ice plan should be based on discussions with technical experts and 
marine mammal biologists prior to and during an on-ice monitoring 
workshop scheduled for the fall of 2002.
    AEC proposes to initiate a comprehensive training program for all 
potential marine mammal observers that includes learning the 
identification and behavior of all local species known to use the areas 
where AEC will be operating. This training would be conducted by 
professional marine biologists and experienced Native observers 
participating in the monitoring program. The observer protocol would be 
to scan the area around vessels and the SDC with binoculars of 
sufficient power during daylight hours and using night vision equipment 
during low light conditions. Laser range finding binoculars would be 
supplied to observers in order to better estimate distances. Observers 
would collect data on the presence, distribution, and behavior of 
marine mammals relative to AEC activities as well as climatic 
conditions at the time of marine mammal sightings. Observations would 
be made on a nearly 24-hour basis from the time the SDC leaves Port 
Clarence until the SDC shuts down for the fall (on or before September 
1, 2002). If re-supply efforts are necessary between the end of the 
fall bowhead whale harvest and ice-over, observers would be re-deployed 
on the SDC and supply vessels. All personnel stationed aboard the SDC 
during the open water season of 2002 or during exploratory drilling 
would also receive training on marine mammal monitoring and utilize 
marine mammal reporting forms to document any incidental takes of 
marine mammals.
    As required by the MMPA, this proposed monitoring plan, as well as 
the need for on-ice monitoring during exploratory drilling, will be 
subject to a peer-review panel of technical experts prior to formal 
acceptance by NMFS.

Reporting

    All monitoring data collected would be reported to NMFS and the MMS 
on a daily or weekly basis. AEC must provide an initial report on 2002-
2003 activities to NMFS within 90 days of the completion of the 
monitoring program. This report will provide dates and locations of the 
SDC movements, re-supply activities, and other operational activities, 
details of marine mammal sightings, estimates of the amount and nature 
of all takes by harassment, and any apparent effects on accessibility 
of marine mammals to subsistence users.
    A draft technical report will be provided to NMFS as soon as 
possible, but no later than 90 days, following the cessation of 2003 
exploratory activities at McCovey. The draft technical report will 
contain a description of the methods, results, and an analysis of all 
marine mammal monitoring results as they relate to SDC mobilization, 
re-fueling and re-supply activities, and exploratory activities on 
McCovey Prospect.

Endangered Species Act Consultation

    If an authorization to incidentally harass listed marine mammals is 
issued under the MMPA for this activity, NMFS will issue an Incidental 
Take Statement under section 7 of the ESA.

[[Page 11102]]

National Environmental Policy Act

    In accordance with section 6.01 of NOAA Administrative Order 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999), NMFS has analyzed both the 
context and intensity of this action, as laid out in AEC's application, 
and has preliminarily determined that the issuance of an IHA to AEC 
will not individually or cumulatively result in a significant impact on 
the quality of the human environment as defined in 40 CFR 1508.27 and 
is therefore categorically excluded from further NEPA analysis. In 
addition to the required NEPA analysis for categorical exclusion, NMFS' 
rulemaking for the issuance of IHAs (61 FR 15884; April 10, 1996) 
stated that for issuance of an IHA, NMFS must first determine that the 
taking (by harassment) would not result in any serious injury or death 
to a marine mammal, would have no more than a negligible impact on 
marine mammals and their habitat, and would not have an unmitigable 
adverse impact on the availability of the species or stock(s) for 
subsistence uses. Therefore, NMFS' decision-making process for IHA 
issuance or denial independently and separately analyzes factors 
similar to those suggested under section 6.01 of NOAA Administrative 
Order 216-6 for determining the significance of agency actions for the 
purposes of NEPA.

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of SDC 
mobilization from Port Clarence, AK through the Bering Strait and 
Chukchi Sea to the Beaufort Sea and exploratory drilling and associated 
activities at the McCovey Prospect in the Beaufort Sea will result, at 
worst, in a temporary modification in behavior by certain species of 
whales, porpoise, and pinnipeds. While behavioral modifications may be 
made by these species to avoid the resultant noise or visual cues, this 
behavioral change is expected to have a negligible impact on the 
survival and recruitment of stocks.
    While the number of potential incidental harassment takes will 
depend on the year-to-year distribution and abundance of marine mammals 
in the area of operations, due to the distribution and abundance of 
marine mammals during the projected period of activity and the location 
of the proposed activity, the number of potential harassment takings is 
estimated to be small. In addition, no take by injury and/or death is 
anticipated, and there is no potential for temporary or permanent 
hearing impairment as a result of the activities. During SDC 
mobilization, operations will pass through beluga whale summering 
grounds in the Kotzebue Sound and Kasegaluk Lagoon and gray whale 
feeding grounds in the Chukchi Sea. The potential for harassment 
throughout the Chukchi region will be greatly reduced through constant 
visual monitoring in these areas. No rookeries, mating grounds, areas 
of concentrated feeding, or other areas of special significance for 
marine mammals occur within or near the McCovey Prospect during re-
supply, re-fueling and exploratory drilling operations.
    Appropriate mitigation measures to avoid an unmitigable adverse 
impact on the availability of bowhead whales for subsistence needs will 
be the subject of consultation between AEC and subsistence users and 
may include additional mitigation measures.

Proposed Authorization

    NMFS proposes to issue an IHA for the harassment of marine mammals 
incidental to movement of a SDC from Port Clarence, AK to the Beaufort 
Sea and planned exploratory drilling and associated activities at the 
McCovey Exploration Prospect in the western Beaufort Sea. This IHA 
proposal is contingent upon incorporation of the previously mentioned 
mitigation, monitoring, and reporting requirements. NMFS has 
preliminarily determined that the proposed activity would result in the 
harassment of only small numbers of bowhead whales, beluga whales, gray 
whales, killer whales, harbor porpoise, ringed seals, bearded seals and 
spotted seals; would have no more than a negligible impact on these 
marine mammal stocks; and would not have an unmitigable adverse impact 
on the availability of marine mammal stocks for subsistence uses once 
the Plan of Cooperation and CAA is finalized.

Information Solicited

    NMFS requests interested persons to submit comments, and 
information, concerning this request to Donna Wieting, Chief, Marine 
Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910-3225.

    Dated: March 6, 2002.
Wanda Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-5916 Filed 3-11-02; 8:45 am]
BILLING CODE 3510-22-S