[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Notices]
[Pages 47547-47549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20388]


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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 issuance of 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) to take small numbers of marine mammals 
by harassment incidental to harbor activities related to the movement 
of the steel drilling caisson (SDC) through the Beaufort Sea has been 
issued to EnCana Oil and Gas, Inc. (EnCana).

DATES: Effective from August 1, 2003 to July 31, 2004

ADDRESSES: A copy of the IHA and/or the application is available by 
writing to Ms. Kaja Brix, Acting Chief, Marine Mammal Conservation 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, 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 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

[[Page 47548]]

associated activities beginning on August 1, 2003. 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.

Comments and Responses

    On June 8, 2003 (68 FR 36572), NMFS published a notice of receipt 
and a 30-day public comment period was provided on the application and 
proposed authorization. That notice described the activity and 
anticipated effects on marine mammals. The only comments received were 
from the Marine Mammal Commission (Commission).
    Comment 1: The Commission believes that the NMFS's preliminary 
determinations are reasonable, provided that the proposed mitigation 
and monitoring activities are adequate to detect marine mammals in the 
vicinity of the proposed operations and to ensure that marine mammals 
are not being taken in unanticipated ways or numbers. Clarification 
should be provided concerning the circumstances under which such 
monitoring would not occur, and a determination made as to whether non-
negligible impacts or taking other than by harassment may occur during 
such periods.
    Response: The monitoring on the SDC will continue 24 hours per day 
except when the SDC is in cold-stack between approximately August 31, 
2003 and mid-October. Monitoring will begin just prior to coming out of 
cold stack in preparation for movement that is expected to commence on 
or about August 1st.
    Comment 2: NMFS may wish to suggest to the applicant that it 
conduct an acoustic monitoring program, in addition to the proposed 
visual monitoring. Acoustic monitoring would provide more data on the 
actual acoustic source levels associated with the proposed activity.
    Response: In 1991, ARCO Alaska, Incorporated conducted a marine 
mammal monitoring program at Cabot prospect in the Beaufort Sea. The 
marine mammal monitoring program included the physical acoustic 
characterization of the drilling platform and the surrounding area, 
passive acoustic monitoring of underwater sounds produced by marine 
mammals, and surface monitoring for operational and environmental 
conditions and marine mammal sightings. Results of this monitoring 
program can be found in the Final Report for the Site Specific 
Monitoring Plan for Cabot Prospect by Coastal & Offshore Pacific 
Corporation. A copy of this Final Report can be obtained by contacting 
NMFS (see ADDRESSES). As a result of this earlier acoustical 
monitoring, an acoustic monitoring program is not warranted.
    Comment 3: By monitoring calling rates for the relevant species 
before, during, and after the activity, another dataset could be 
obtained on the behavioral impacts of the activities.
    Response: The monitoring plans for EnCana to monitor marine mammal 
impacts were the subject of scientific peer-review meetings held on 8-9 
November 2000, in Seattle, WA; October 30-31, 2002, in Anchorage, AK; 
and June 24-25, 2003 in Seattle, WA. Those meetings provided the 
required dialogue necessary for ensuring that monitoring programs in 
Arctic waters provided the necessary information to ensure that impacts 
are (or are not) negligible. NMFS continues to encourage the 
Commission's participation in these meetings.
    Comment 4: NMFS should also ensure that the application has 
completed negotiations with the Alaska Eskimo Whaling Commission (AEWC) 
and affected villages Whaling Captains Associations to amend the 
existing Conflict Avoidance Agreement (CAA) and Plan of Cooperation, 
prior to granting the authorization.
    Response: EnCana amended the existing CAA and Plan of Cooperation 
with the AEWC on June 9, 2003, as required under this IHA.

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 to subsistence hunting of 
bowheads and thereby on bowheads themselves.

Monitoring

    As part of its application, EnCana will have a visual monitoring 
program for assessing impacts to marine mammals during the SDC's 
transit from Cross Island, McCovey Prospect to Herschel Island.
    EnCana will 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 will be conducted by 
professional marine biologists and experienced Native observers 
participating in the monitoring program. The observer protocol is 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-

[[Page 47549]]

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.

Reporting

    All monitoring data collected will be reported to NMFS and the U.S. 
Fish and Wildlife Service 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

    A biological opinion on oil and gas exploration was issued on May 
25, 2001. NMFS has issued an Incidental Take Statement, pursuant to 
section 7 of the ESA.

National Environmental Policy Act (NEPA)

    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).

Determinations

    NMFS has determined that the short-term impact of SDC mobilization 
from Cross Island, McCovey Prospect, AK through the Beaufort Sea to 
Herschel Island, Yukon Territory, 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 measures undertaken to ensure that the SDC relocation will not 
have an adverse impact on subsistence activities are the CAA, Plan of 
Cooperation, and an operation schedule prior to the annual bowhead 
whale subsistence hunt, as amended on June 9, 2003.

Authorization

    Authority: NMFS has issued an IHA to EnCana 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, and associated activities. The issuance of this IHA 
is contingent upon incorporation of the previously mentioned 
mitigation, monitoring, and reporting requirements.

    Dated: August 5, 2003.
Donna Wieting,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-20388 Filed 8-8-03; 8:45 am]
BILLING CODE 3510-22-S