[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36542-36545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15408]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061203I]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Movement of Steel Drilling Caisson through the Beaufort Sea from Cross 
Island, McCovey Prospect to Herschel Island, Yukon Territory

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 EnCana Oil and Gas (USA) Inc. 
(EnCana) for an authorization to take small numbers of marine mammals 
by harassment incidental to movement of a Steel Drilling Caisson (SDC) 
from Cross Island, McCovey Prospect, AK through the Beaufort Sea to 
Herschel Island in the Yukon Territory and for associated activities in 
the Beaufort Sea. If there is a problem with this location for the SDC, 
the U.S. Outer Continental Shelf waters north of West Dock has been 
named as the backup location. Under the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to authorize EnCana 
to incidentally take, by harassment, small numbers of bowhead whales, 
beluga whales, ringed seals, bearded seals, and spotted seals in the 
above mentioned areas during August 2003 through January 2004 for SDC 
preparation, movement, refueling, and removal of equipment. The 
incidental take of polar bears and walrus from EnCana'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 (USFWS). EnCana is applying for a Letter of 
Authorization from the USFWS for potential takes of polar bear and 
Pacific walrus.

DATES: Comments and information must be received no later than July 18, 
2003.

ADDRESSES: Comments on the application should be addressed to Kaja 
Brix, Acting 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: Kimberly Skrupky, (301) 713-2322, ext 
163 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 for incidental takings 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.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
    an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.
    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. The MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [``Level A harassment'']; or (ii) has the potential to disturb 
a marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
[``Level B harassment''].
    Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
small numbers of marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny issuance of the 
authorization.

Summary of Request

    On May 14, 2003, NMFS received an application from EnCana 
requesting an authorization for the harassment of

[[Page 36543]]

small numbers of five species of marine mammals incidental to movement 
of the SDC from Cross Island, McCovey Prospect, AK through the Beaufort 
Sea to Herschel Island, Yukon Territory and associated activities 
beginning on or about August 1, 2003 to ice-up later in the year. The 
SDC will lift-off from its current location and will be towed to the 
new set down location. Once the SDC reaches Herschel Island, it will go 
into cold stack mode. Helicopter supported one-day reconnaissance trips 
to the SDC may occur to check on winterization conditions on-board the 
SDC. A detailed description of these activities proposed for 2003-2004 
is contained in the application (Lynx Enterprises, Inc., 2003), which 
is available upon request (see ADDRESSES)

Description of Marine Mammals Affected by the Activity

    The Beaufort Sea supports many marine mammals under NMFS 
jurisdiction, including bowhead whales (Balaena mysticetus), beluga 
whales(Delphinapterus leucas), 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. These documents can be downloaded electronically from: http://www.nmfs.noaa.gov/pr/PR2/Stock_Assessment_Program/individual_sars.html

Potential Effects of SDC Mobilization 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 Cross Island and Herschel Island and the noise generated during 
equipment removal of the SDC. The physical presence of the SDC tow 
vessels and helicopter could also lead to disturbance of marine mammals 
by visual or other cues. The potential for collisions between tug 
vessels and whales will be reduced 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 (August) are: beluga whales, ringed 
seals, and bearded seals. Spotted seals are less likely to be harassed 
during the SDC mobilization phase because they reside closer to the 
shore. Bowhead whales are the only species listed under the ESA that 
could potentially be affected by these activities. However, they are 
not expected to be encountered during the mobilization phase because 
the majority of the whales will be at their summer feeding grounds in 
Canada. However, a few transitory whales may be encountered along the 
routes. Beluga whales occur in the Beaufort Sea during the summer, but 
are expected to be found near the pack ice edge north of the proposed 
SDC relocation routes. Depending on seasonal ice conditions, it is 
possible that belugas may be encountered during the transit.
    Based on past surveys, ringed seals should represent the vast 
majority of marine mammals encountered during the transit. Ringed seals 
are expected to be present all along the SDC mobilization routes. There 
is the possibility that bearded and spotted seals will also be harassed 
during transit. Spotted seals may be present in Prudhoe Bay, but it is 
likely that they may be closer to shore and therefore are not expected 
to be harassed during transit phase.
    It is not likely that bowhead whales will be impacted by transit 
operations since EnCana plans to finish the relocation operations and 
shutdown (i.e., cold stack ``quiet'' mode) the SDC by late August, 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, where the SDC currently resides. 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. Transitory bowhead whales 
traveling ahead of the herd may be encountered during relocation. 
Beluga whales migrate along the pack ice edge north of the proposed 
relocation routes and are not expected to be seen.

Potential Effects of SDC Mobilization and Associated Activities on 
Habitat

    The activity will not result in the disturbance of any habitat for 
the affected species.

Numbers of Marine Mammals Expected to Be Taken

    The number of marine mammals that may be taken as a result of the 
SDC mobilization operation is unpredictable. Operations are scheduled 
to occur prior to the westward migration and associated subsistence 
bowhead whale hunts to purposely avoid any take of this species. Noise 
disturbance from vessels and helicopters or from noise generated from 
SDC might qualify as harassment to seals, but previous surveys have 
indicated little behavioral reaction from these animals to slow-moving 
or stationary vessels.

Effects of SDC Mobilization and Associated Activities on Subsistence 
Needs

    No impact is anticipated on the availability of marine mammal 
species and stocks for subsistence uses since an amendment to the 
existing Conflict Avoidance Agreement (CAA) and Plan of Cooperation has 
been negotiated with the Alaska Eskimo Whaling Commission (AEWC) and 
affected village Whaling Captains Associations. EnCana has taken steps 
to disclose its project plans in initial consultation with the 
Executive Director and the president of the AEWC, the Mayor of the 
North Slope Borough, and village Whaling Captains. EnCana coordinated 
with the AEWC and amended the existing CAA to include the 2003 SDC 
relocation. The operation is scheduled to occur prior to the annual 
fall bowhead whale hunt.

Mitigation

    During mobilization of the SDC from Cross Island at the McCovey 
Prospect through the Beaufort Sea to Herschel Island, EnCana will have 
on-board marine mammal monitors throughout the transit. The program 
will commence with the reoccupation of SDC at the current McCovey 
deployment and will continue on a nearly 24-hour basis until the rig 
exits U.S. waters and goes into cold stack mode in Canada.
    EnCana proposes to mitigate the potential negative impacts from its 
relocation and supply removal activities 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 
cold stack mode during the entire bowhead migration period 
(approximately late-August through mid-October). In addition to these 
mitigation measures, EnCana worked with the AEWC, North Slope Borough, 
and other whaling communities and amended the existing CAA to include 
the 2003 relocation to eliminate impacts

[[Page 36544]]

to subsistence hunting of bowheads and thereby on bowheads themselves.

Monitoring

    As part of its application, EnCana proposed a visual monitoring 
program for assessing impacts to marine mammals during the SDC's 
transit from Cross Island, McCovey Prospect to Herschel Island or the 
backup location in Federal Waters north of West Dock near Prudhoe Bay, 
Alaska.
    EnCana 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 EnCana 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. Range finding equipment will 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 
EnCana 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 Cross Island until the SDC crosses the 
Canadian border or, if the backup deployment in U.S. waters is used, is 
placed in cold stack mode. If the backup deployment in U.S. waters is 
used and 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 2003 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 will be 
subject to review and approval by NMFS.

Reporting

    All monitoring data collected would be reported to NMFS and the 
USFWS on a weekly basis. EnCana must provide a final report on 2003-
2004 activities to NMFS within 90 days of the completion of the 
activity. This report will provide dates and locations of the SDC 
movements and other operational activities, weather conditions, dates 
and locations of any activities related to monitoring the effects on 
marine mammals, and the methods, results, and interpretation of all 
monitoring activities, including estimates of the level and type of 
take, species name and numbers of each species observed, direction of 
movement of species, and any observed changes or modifications in 
behavior.

Endangered Species Act (ESA) Consultation

    The effects of oil and gas exploration activities in the U.S. 
Beaufort Sea, which includes this proposed activity, on listed species 
were analyzed as part of a consultation on oil and gas leasing and 
exploration activities in the Beaufort Sea, Alaska, and authorization 
of small takes under the MMPA. A biological opinion on these activities 
was issued on May 25, 2001. Pursuant to section 7 of the ESA, NMFS has 
begun consultation on the proposed issuance of an IHA to EnCana. The 
only species listed in the ESA that could be taken during these 
activities are bowhead whales. The effects of the proposed IHA on 
bowhead whales will be compared with the analysis contained in the 2001 
biological opinion. If an authorization to incidentally harass marine 
mammals listed under the ESA is issued for this activity under the 
MMPA, NMFS will issue an Incidental Take Statement under section 7 of 
the ESA.

National Environmental Policy Act

    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 moving an oil drilling structure 
through the Beaufort Sea during the summer and conducting oil 
exploration activities in the eastern Beaufort Sea and the alternatives 
to that proposed action. A Finding of No Significant Impact was signed 
on September 25, 1997. Because the action discussed in this document is 
not substantially different from the 1997 action, and because no 
significant new scientific information or analyses have been developed 
in the past several years significant enough to warrant new NEPA 
documentation, this action is categorically excluded from further 
review under NOAA Administrative Order 216-6. A copy of that EA is 
available upon request (see ADDRESSES).

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of SDC 
mobilization from Cross Island, McCovey Prospect, AK through the 
Beaufort Sea to Herschel Island, Yukon Territory, or mobilization to 
the U.S. Outer Continental Shelf waters north of West Dock, and 
associated activities will result, at worst, in a temporary 
modification in behavior by certain species of whales 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. No rookeries, mating 
grounds, areas of concentrated feeding, or other areas of special 
significance for marine mammals occur within or near the relocation 
route.
    The principal measures undertaken to ensure that the SDC relocation 
will not have an adverse impact on subsistence activities is a Conflict 
Avoidance Agreement (CAA), Plan of Cooperation, and an operation 
schedule prior to the annual bowhead whale subsistence hunt, as amended 
on June 3, 2003.

Proposed Authorization

    NMFS proposes to issue an IHA for the harassment of marine mammals 
incidental to movement of a SDC from Cross Island, McCovey Prospect, AK 
through the Beaufort Sea to Herschel Island, Yukon Territory, or, as a 
backup, to the U.S. Outer Continental Shelf waters north of West Dock, 
and associated activities. 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 small numbers of 
bowhead whales, beluga whales, 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 amended.

Information Solicited

    NMFS requests interested persons to submit comments, and 
information, concerning this request to Kaja Brix,

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Acting Chief, Marine Mammal Conservation Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225.

    Dated: June 12, 2003.
Stephen L. Leathery,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-15408 Filed 6-17-03; 8:45 am]
BILLING CODE 3510-22-S