[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17066-17068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122304A]


Taking of Marine Mammals Incidental to Specified Activities; On-
ice Seismic Operations in the Beaufort Sea

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

ACTION: Notice of issuance of an 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 conducting on-ice vibroseis seismic 
operations from Milne Point to the eastern channel of the Colville 
River in the U.S. Beaufort Sea to a distance offshore of 2.3 nautical 
miles (nm)(4.3 kilometers (km)) has been issued to ConocoPhillips 
Alaska (CPA) for a period of one year.

DATES: Effective from March 29, 2005 through March 28, 2006.

ADDRESSES: The authorization and application containing a list of the 
references used in this document may be obtained by writing to this 
address or by telephoning the contact listed here. The application is 
also available at: http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm#applications.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2289, ext 128 or Brad Smith, 
Alaska Region, 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 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, a 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 that the permissible methods of 
taking and requirements pertaining to the monitoring and reporting of 
such takings 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.''
    Section 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. 
Except for certain categories of activities not pertinent here, 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].
    Section 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 
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 November 26, 2004, NMFS received an application from CPA for the 
taking, by harassment, of two species of marine mammals incidental to 
conducting an on-ice seismic survey program. The seismic operations 
will be conducted from Milne Point to the eastern channel of the 
Colville River in the Alaskan Beaufort Sea to a distance offshore of 
2.3 nm (4.3 km), an area encompasing approximately 51 mi2 (132.1 
km\2\). Water depths in most (greater than 95 percent) of the planned 
survey area are less than 10 ft (3 m).
    The purpose of the project is to gather information about the 
subsurface of the earth by measuring acoustic waves, which are 
generated on or near the surface. The acoustic waves reflect at 
boundaries in the earth that are characterized by acoustic impedance 
contrasts.

Description of the Activity

    The seismic surveys use the ``reflection'' method of data 
acquisition. Seismic exploration uses a controlled energy source to 
generate acoustic waves that travel through the earth, including sea 
ice and water, as well as sub-sea geologic formations, and then uses 
ground sensors to record the reflected energy transmitted back to the 
surface. When acoustic energy is generated, compression and shear waves 
form and travel in and on the earth. The compression and shear waves 
are affected by the geological formations of the earth as they travel 
in it and may be reflected, refracted, diffracted or transmitted when 
they reach a boundary represented by an acoustic impedance contrast. 
Vibroseis seismic operations use large trucks with vibrators that 
systematically put variable frequency energy into the earth. At least 
1.2 m (4 ft) of sea ice is required to support the various equipment 
and vehicles used to transport seismic equipment offshore for 
exploration activities. These ice conditions generally exist from 1 
January until 31 May in the Beaufort Sea. Several vehicles are normally

[[Page 17067]]

associated with a typical vibroseis operation. One or two vehicles with 
survey crews move ahead of the operation and mark the energy input 
points. Crews with wheeled vehicles often require trail clearance with 
bulldozers for adequate access to and within the site. Crews with 
tracked vehicles are typically limited by heavy snow cover and may 
require trail clearance beforehand.
    With the vibroseis technique, activity on the surveyed seismic line 
begins with the placement of sensors. All sensors are connected to the 
recording vehicle by multi-pair cable sections. The vibrators move to 
the beginning of the line and begin recording data. The vibrators begin 
vibrating in synchrony via a simultaneous radio signal to all vehicles. 
In a typical survey, each vibrator will vibrate four times at each 
location. The entire formation of vibrators subsequently moves forward 
to the next energy input point (e.g. 67 m, or 220 ft, in most 
applications) and repeats the process. In a typical 16- to 18-hour day, 
a surveys will complete 6-16 km (4 to 10 linear miles) in 2-dimensional 
seismic operations and 24 to 64 km (15 to 40 linear miles) in a 3-
dimensional seismic operation.

Comments and Responses

    A notice of receipt and request for 30-day public comment on the 
application and proposed authorization was published on February 8, 
2005 (70 FR 6626). During the 30-day public comment period, NMFS did 
not receive any comments.

Description of Habitat, Marine Mammals Affected by the Activity, and 
the Impact on Affected Marine Mammals

    A detailed description of the seismic survey activities, its 
associated marine mammals and the potential impacts on both the 
affected marine mammals and subsistence uses of those mammals can be 
found in the CPA application, a number of documents referenced in the 
CPA application (see ADDRESSES), and in the proposed IHA notice (70 FR 
6626, February 8, 2005). That information is not repeated here.

Mitigation and Monitoring

    The following mitigation measures will be implemented for the 
subject surveys: (1) All activities will be conducted as far as 
practicable from any observed ringed or bearded seal lair and no energy 
source will be placed over a ringed or bearded seal lair; (2) only 
vibrator-type energy-source equipment shown to have similar or lesser 
effects will be used; and (3) CPA will provide training for the seismic 
crews so they can recognize potential areas of ringed seal lairs and 
adjust the seismic operations accordingly.
    Ringed seal pupping occurs in ice lairs from late March to mid-to-
late April (Smith and Hammill, 1981). Prior to commencing on-ice 
seismic surveys in mid-March, a survey using experienced field 
personnel and trained dogs will be conducted along the planned on-ice 
seismic transmission routes in areas where water depths exceed 3 m (9.8 
ft) to identify and determine the status of potential seal structures 
along the planned on-ice transit routes. The seal structure survey will 
be conducted before selection of precise transit routes to ensure that 
seals, particularly pups, are not injured by equipment. The locations 
of all seal structures will be recorded by Global Positioning System 
(GPS), staked, and flagged with surveyor's tape. Surveys will be 
conducted 150 m (492 ft) to each side of the transit routes. Actual 
width of route may vary depending on wind speed and direction, which 
strongly influence the efficiency and effectiveness of dogs locating 
seal structures. Few, if any, seals inhabit ice-covered waters 
shallower than 3 m (9.8 ft) due to water freezing to the bottom or poor 
prey availability caused by the limited amount of ice-free water.
    The level of take, while anticipated to be negligible, will be 
assessed by conducting a second seal structure survey shortly after the 
end of the seismic surveys. A single on-ice survey will be conducted by 
biologists on snow machines using a GPS to relocate and determine the 
status of seal structures located during the initial survey. The status 
(active vs. inactive) of each structure will be determined to assess 
the level of incidental take by seismic operations. The number of 
active seal structures abandoned between the initial survey and the 
final survey will be the basis for enumerating harassment takes. If 
dogs are not available for the initial survey, takings will be 
determined by using observed densities of seals on ice reported by 
Moulton et al. (200I) for the Northstar development, which is 
approximately 24 nm (46 km) from the eastern edge of the proposed 
activity area.
    CPA will also continue to work with NMFS, other Federal agencies, 
the State of Alaska, Native communities of Barrow and Nuiqsut, and the 
Inupiat Community of the Arctic Slope (ICAS) to assess measures to 
further minimize any impact from seismic activity. A Plan of 
Cooperation will be developed between CPA and Nuiqsut to ensure that 
seismic activities do not interfere with subsistence harvest of ringed 
or bearded seals.
    In the event that seismic surveys can be completed in that portion 
of the activity area with water depths greater than or equal to 3 m 
(9.8 ft) before mid-March, no field surveys would be conducted of seal 
structures. Under this scenario, surveys would be completed before pups 
are born and disturbance would be negligible. Therefore, take estimates 
would be determined for only that portion of the activity area exposed 
to seismic surveys after mid-March, which would be in water depths of 3 
m (9.8 ft) or less. Take for this area would be estimated by using the 
observed density (13/100 km\2\) reported by Moulton et al. (2001) for 
water depths between 0 to 3 m (0 to 9.8 ft) in the Northstar project 
area, which is the only source of a density estimate stratified by 
water depth for the Beaufort Sea. This would be an overestimation 
requiring a substantial downward adjustment to reflect the actual take 
of seals using lairs, since few if any of the structures in these water 
depths would be used for birthing, and Moulton et al. (2001) estimate 
includes all seals.
    This monitoring program was reviewed at the fall 2002 on-ice 
meeting sponsored by NMFS' National Marine Mammal Laboratory in Seattle 
and found acceptable.

Reporting

    An annual report must be submitted to NMFS within 90 days of 
completing the year's activities.

Endangered Species Act (ESA)

    NMFS has determined that no species listed as threatened or 
endangered under the ESA will be affected by issuing an incidental 
harassment authorization under section 101(a)(5)(D) of the MMPA to CPA 
for this on-ice seismic survey.

National Environmental Policy Act (NEPA)

    The information provided in Environmental Assessments (EAs) 
prepared in 1993 and 1998 for winter seismic activities led NOAA to 
conclude that implementation of either the preferred alternative or 
other alternatives identified in the EA would not have a significant 
impact on the human environment. Therefore, an Environmental Impact 
Statement was not prepared. The proposed action discussed in this 
document is not substantially different from the 1992 and 1998 actions, 
and a reference search has indicated that no significant new scientific 
information or analyses have been developed in the past several years

[[Page 17068]]

that would warrant new NEPA documentation. Accordingly, this action is 
categorically excluded from further review under NOAA Administrative 
Order 216-6.

Determinations

    The anticipated impact of winter seismic activities on the species 
or stock of ringed and bearded seals is expected to be negligible for 
the following reasons:
    (1) The activity area supports a small proportion (<1 percent) of 
the ringed and bearded seal populations in the Beaufort Sea.
    (2) Most of the winter-run seismic lines will be on ice over 
shallow water where ringed seals are absent or present in very low 
abundance. Over 90 percent of the activity area is near shore and/or in 
water less than 3 m (9.8 ft) deep, which is generally considered poor 
seal habitat. Moulton et al. (2001) reported that only 6 percent of 660 
ringed seals observed on ice in the Northstar project area were in 
water between 0 to 3 m (0 to 9.8 ft) deep.
    (3) For reasons of safety and because of normal operational 
constraints, seismic operators will avoid moderate and large pressure 
ridges, where seal and pupping lairs are likely to be most numerous.
    (4) Many of the on-ice seismic lines and connecting ice roads will 
be laid out and explored during January and February, when many ringed 
seals are still transient, and considerably before the spring pupping 
season.
    (5) The sounds from energy produced by vibrators used during on-ice 
seismic programs typically are at frequencies well below those used by 
ringed seals to communicate (1000 Hz). Thus, ringed seal hearing is not 
likely to be very good at those frequencies and seismic sounds are not 
likely to have strong masking effects on ringed seal calls. This effect 
is further moderated by the quiet intervals between seismic energy 
transmissions.
    (6) There has been no major displacement of seals away from on-ice 
seismic operations (Frost and Lowry, 1988). Further confirmation of 
this lack of major response to industrial activity is illustrated by 
the fact that there has been no major displacement of seals near the 
Northstar Project. Studies at Northstar have shown a continued presence 
of ringed seals throughout winter and creation of new seal structures 
(Williams et al., 2001).
    (7) Although seals may abandon structures near seismic activity, 
studies have not demonstrated a cause and effect relationship between 
abandonment and seismic activity or biologically significant impact on 
ringed seals. Studies by Williams et al. (2001), Kelley et al. (1986, 
1988) and Kelly and Quakenbush (1990) have shown that abandonment of 
holes and lairs and establishment or re-occupancy of new ones is an 
ongoing natural occurrence, with or without human presence. Link et al. 
(1999) compared ringed seal densities between areas with and without 
vibroseis activity and found densities were highly variable within each 
area and inconsistent between areas (densities were lower for 5 days, 
equal for 1 day, and higher for 1 day in vibroseis area), suggesting 
other factors beyond the seismic activity likely influenced seal use 
patterns. Consequently, a wide variety of natural factors influence 
patterns of seal use including time of day, weather, season, ice 
deformation, ice thickness, accumulation of snow, food availability and 
predators as well as ring seal behavior and population dynamics.
    In winter, bearded seals are restricted to cracks, broken ice, and 
other openings in the ice. On-ice seismic operations avoid those areas 
for safety reasons. Therefore, any exposure of bearded seals to on-ice 
seismic operations would be limited to distant and transient exposure. 
Bearded seals exposed to a distant on-ice seismic operation might dive 
into the water. Consequently, no significant effects on individual 
bearded seals or their population are expected, and the number of 
individuals that might be temporarily disturbed would be very low.
    As a result, CPA and NMFS believe the effects of on-ice seismic are 
expected to be limited to short-term and localized behavioral changes 
involving relatively small numbers of seals. NMFS has determined, based 
on information in the application and supporting documents, that these 
changes in behavior will have no more than a negligible impact on the 
affected species or stocks of ringed and bearded seals. Also, the 
potential effects of the on-ice seismic operations during 2005 are 
unlikely to result in more than small numbers of seals being affected 
and will not have an unmitigable adverse impact on subsistence uses of 
these two species.

Authorization

    NMFS has issued an IHA to CPA for conducting seismic surveys from 
Milne Point to the eastern channel of the Colville River in the U.S. 
Beaufort Sea, provided the previously mentioned mitigation, monitoring, 
and reporting requirements are incorporated.

    Dated: March 29, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 05-6612 Filed 4-1-05; 8:45 am]
BILLING CODE 3510-22-S