[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2653-2656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122106A]


Taking of Marine Mammals Incidental to Specified Activities; On-
ice Geotechnical Operations 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 incidental take 
authorization; request for comments.

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SUMMARY:  NMFS has received an application from ConocoPhillips Alaska, 
Inc (CPAI) for an Incidental Harassment Authorization (IHA) to take 
marine mammals, by harassment, incidental to conducting on-ice 
geotechnical operations on the Outer Continental Shelf (OCS) and State 
of Alaska leases in the U.S. Beaufort Sea in spring 2007. Pursuant to 
the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on 
its proposal to issue an authorization to CPAI to incidentally take, by 
harassment, small numbers of ringed seals for a limited period during 
the proposed project period.

DATES:  Comments and information must be received no later than 
February 21, 2007.

ADDRESSES:  Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225, or by telephoning one 
of the contacts listed here. The mailbox address for providing email 
comments is [email protected]. Comments sent via e-mail, including 
all attachments, must not exceed a 10-megabyte file size. A copy of the 
application containing a list of the references used in this document 
may be obtained by writing to this address or by telephoning the first 
contact person listed here and is also available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm

FOR FURTHER INFORMATION CONTACT:  Shane Guan, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 137 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 shall 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 mitigation, 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 29, 2006, NMFS received an application from CPAI for 
the taking, by harassment, of small number of ringed seals (Phoca 
hispida) incidental to conducting geotechnical portions of a site 
clearance survey just

[[Page 2654]]

north of Cross Island, in spring 2007. The site clearance location will 
be on the OCS and State of Alaska leases of the U.S. Beaufort Sea. The 
proposed operation will be active 24 hours per day and use a 
conventional geotechnical drilling rig. The project is anticipated to 
require about two weeks to complete between February and April, 2007, 
depending on weather and other operational factors.
    The purpose of the site clearance is to confirm that the seafloor 
has soil and surface characteristics that will support the safe set-
down of a drill rig, and long-term occupation of the site by such a 
vessel.

Description of the Activity

    The proposed geotechnical operation will use a small drill rig that 
runs either 5-ft (1.5-m) long augers for soil samples or 10-ft (3-m) 
jointed pipe to recover core samples. The drill rig will use cone 
penatrometers for cone penetration tests. Sea water circulation and 
occasionally mud systems will be used on the drill rig to stabilize the 
hole. This work is part of an overall shallow hazards investigation of 
the project.
    The proposed geotechnical program will consist the following 
components:
    Soil Borings: Four soil borings will be drilled in the area of the 
exploration well location. One of these borings will be 100 - 120 ft 
(30.5 - 36.6 m) deep, and centered a proposed rig set-down location. 
Three additional borings, all 60 ft (18.3 m) in depth, will be phased 
120o around the primary boring, and located on radials of 100 m (328 
ft). Soil samples will be taken in all borings at 3-ft (0.9-m) 
intervals down to 30 ft (9 m), and at 5-ft (1.5-m) intervals between 30 
and 60 ft (9 - 18 m).
    Cone Penetration Test (CPT): CPTs will be taken at up to 6 
locations within a proposed rig footprint, and at up to 10 additional 
locations outside the footprint. The CPTs will be advanced at 
approximately 4 ft (1.2 m) per minute. It is anticipated that the CPTs 
will not be advanced beyond 20 ft (6.1 m), in the event refusal is not 
encountered prior to the point.
    Seafloor Video: Seafloor video will be recorded from a camera 
lowered through holes drilled in the ice at selected locations. This 
coverage will be directed mainly at a proposed rig footprint area.
    Support and Logistics: The geotechnical field program will be 
supported by rolligons, which has minimum impact on the sea ice and 
does not require building an ice road. The rolligon option is further 
preferred, as on-site work can be carried out continuously using 2 12-
hour shifts per day, and the work period is not daylight or 
particularly weather dependant.
    The geographic region of the proposed geotechnical activity 
encompasses 2 13 km\2\ (5 mi\2\) areas in the south central Alaska 
Beaufort Sea on the fast ice. The region is about 3 miles (4.8 km) 
north of Cross Island at approximately 147[deg]57' W and 70[deg]32' N. 
There will also be a sea ice route directly from Deadhorse to the site, 
which will be about 24 km (15 miles) long and 0.01 km (35 ft) wide. The 
closest Eskimo village to the site clearance location is Nuiqsut, which 
is over 60 miles (97 km) away. Water depths in the proposed project 
area are typically less than 60 ft (18.2 m).
    Field operations may begin on February 1, 2007, and be completed no 
later than April 30, 2007. However, CPAI will try to complete work 
prior to the ringed seals pupping season, which starts around March 15. 
It is estimated that approximately 14 working days on site will be 
required to complete the geotechnical operations.

Description of the Marine Mammals Potentially Affected by the Activity

    Ringed seals are the only species of marine mammal that may be 
present in the proposed project area during the site clearance period. 
Ringed seals are not listed under the Endangered Species Act (ESA) or 
designated as depleted under the MMPA. Other marina mammal species 
under NMFS' jurisdiction that seasonally inhabit the Beaufort Sea, but 
are not anticipated to occur in the project area during site clearance 
operations, include the bowhead whales (Balaena mysticetus), beluga 
whales (Delphinapterus leucas), bearded seals (Erignathus barbatus), 
and spotted seals (Phoca largha). While some of these species begin to 
enter Beaufort Sea off Point Barrow from the Chukchi Sea during April, 
the project area is over 160 nm (296 km) east of Point Barrow, thereby 
making it highly unlikely these species would occur in the project area 
during the proposed operations. Polar bears (Ursus maritimus) also 
frequent in the Beaufort Sea, but they are not addressed in this 
application because they are managed by the U.S. Fish and Wildlife 
Service (FWS). CPAI is applying for an IHA for the incidental take of 
polar bears from the FWS.
    Ringed seals are widely distributed throughout the Arctic basin, 
Hudson Bay and Strait, and the Bering and Baltic seas. There is no 
reliable worldwide population assessment for ringed seals, however, it 
is estimated to be in the millions (Reeves et al., 1992).
    Ringed seals inhabiting northern Alaska belong to the subspecies P. 
h. hispida, and they are year-round residents in the Beaufort Sea. A 
reliable estimate for the entire Alaska stock of ringed seals is 
currently not available. A minimum estimate for the eastern Chukchi and 
Beaufort Sea is 249,000 seals, including 18,000 for the Beaufort Sea 
(Angliss and Outlaw, 2005). The actual numbers of ringed seals are 
substantially higher, since the estimate did not include much of the 
geographic range of the stock, and the estimate for the Alaska Beaufort 
Sea has not been corrected for animals missed during the surveys used 
to derive the abundance estimate (Angliss and Outlaw, 2005). Estimates 
could be as high or approach the past estimates of 1 - 3.6 million 
ringed seals in the Alaska stock (Frost, 1985; Frost et al., 1988).
    During winter and spring, ringed seals inhabit landfast ice and 
offshore pack ice. Seal densities are highest on stable landfast ice 
but significant numbers of ringed seals also occur in pack ice (Wiig et 
al., 1999). Seals congregate at holes and along cracks or deformations 
in the ice (Frost et al., 1999). Breathing holes are established in 
landfast ice as the ice forms in autumn and are maintained by seals 
throughout winter. Adult ringed seals maintain an average of 3.4 holes 
per seal (Hammill and Smith, 1989). Some holes may be abandoned as 
winter advances, probably in order for seals to conserve energy by 
maintaining fewer holes (Brueggeman and Grialou, 2001). As snow 
accumulates, ringed seals excavate lairs in snowdrifts surrounding 
their breathing holes, which they use for resting and for the birth and 
nursing of their single pups in late March to May (McLaren, 1958; Smith 
and Stirling, 1975; Kelly and Quakenbush, 1990). Pups have been 
observed to enter the water, dive to over 10 m (33 ft), and return to 
the lair as early as 10 days after birth (Brendan Kelly, pers comm to 
CPA, June 2002), suggesting pups can survive the cold water 
temperatures at a very early age. Mating occurs in late April and May. 
From mid-May through July, ringed seals haul out in the open air at 
holes and along cracks to bask in the sun and molt.
    The seasonal distribution of ringed seals in the Beaufort Sea is 
affected by a number of factors but a consistent pattern of seal use 
has been documented since aerial survey monitoring began over 20 years 
ago. Recent studies indicated that ringed seals showed a strong 
seasonal and habitat component to structure use (Williams et al., 
2006), and habitat, temporal, and weather factors all had significant 
effects on seal densities (Moulton et al., 2005). The studies also 
showed that effects of oil and gas development on local distribution of 
seals and seal lairs are no

[[Page 2655]]

more than slight, and are small relative to the effects of natural 
environmental factors (Moulton et al., 2005; Williams et al., 2006).

Potential Effects on Marine Mammals and Their Habitat

    The proposed on-ice geotechnical operations have the potential to 
disturb and temporarily displace some ringed seals within the proposed 
project area. Incidental take may result from short-term disturbances 
by noise and physical activities associated with soil borings, CPT, and 
rolligon supported support and logistics activities. Pup mortality 
could occur if any of these animals were nursing and displacement were 
protracted. However, it is unlikely that a nursing female would abandon 
her pup given the normal levels of disturbance from the proposed 
activities, potential predators, and the typical movement patterns of 
ringed seal pups among different holes. Seals also use as many as four 
lairs spaced as far as 3,437 m (11,276 ft) apart. In addition, seals 
have multiple breathing holes. Pups may use more holes than adults, but 
the holes are generally closer together than those used by adults. This 
indicates that adult seals and pups can move away from site clearance 
activity.
    All anticipated takes would be Level B harassment, involving short 
term, temporary changes in behavior or displacement by ringed seals. 
The number of seals estimated to be taken is calculated based on the 
most recent density data obtained during ringed seal surveys conducted 
within the geographic area of the planned operation. Moulton et al. 
(2002) reported that ringed seal densities on landfast ice of Alaskan 
Beaufort area range from 0.39 - 0.63 seal/km\2\.
    The size of the proposed project area is 26 km\2\ plus 0.32 km\2\ 
for the travel corridor between the site and Deadhorse with water 
depths greater than 3 m (9.8 ft) below the sea ice. Area where water 
depths less than 3 m (9.8 ft) below sea ice was excluded from the 
calculation since ringed seals typically do not occur in these shallow 
areas (Moulton et al., 2002). The length of the travel corridor 
associated is about 16 km (10 mi) and the calculation for its width was 
doubled (70 ft or 200 m) to account for adjustment of the corridor 
during the program due to any changes in ice condition. Therefore, it 
is estimated that between 10 - 17 ringed seals could be taken by Level 
B harassment as a result of the proposed geotechnical operations. This 
estimated take number represents less than 0.004 - 0.007 percent of the 
ringed seal population (estimated minimum 249,000 seals) in the eastern 
Chukchi and Beaufort seas area. The actual take is likely to be lower 
as NMFS proposes to require mitigation and monitoring measures to be 
incorporated in the proposed action. No take by Level A harassment 
(injury) or death is expected or authorized.
    The proposed geotechnical operation is not expected to cause any 
permanent impact on habitat and the prey used by ringed seals. All 
surface activities will be on sea ice, which will breakup and drift 
away following spring breakup. Any spills on the ice would be small in 
size and cleaned up before completing the operations. Similarly, all 
materials from the camp and drilling activities will be removed from 
the site before completion of operations. Drilling will have a 
negligible impact on the seafloor, since the bore holes will be small 
and widely spaced, and they will naturally fill in over time due to 
sediment movement by currents. The operation should have no effect on 
ringed seal prey species since most disturbances will be on sea ice. 
Areas containing ice conditions suitable for lairs will be avoided by 
the rolligons to prevent any destruction of the habitat.

Potential Effects on Subsistence

    The primary subsistence village in the region is Nuiqsut, which is 
over 60 miles (97 km) away from the proposed project area. Most seal 
hunting by the village is off the Colville river Delta, between Fish 
Creek to the west and Pingok Island to the east (Fuller and George, 
1997). Seal hunting predominately occurs in the open water during 
summer, when seals are more readily accessible from small boats (Fuller 
and George, 1997). In addition, almost all subsistence seal hunts occur 
during June through August. If a subsistence hunter is encountered in 
the project area, action will be taken to divert the rolligon away from 
the hunter.
    In addition, CPAI will meet with Nuiqsut representatives before 
commencing geotechnical operations in 2007. The meeting(s) will serve 
to fulfill the MMPA Plan of Cooperation requirement. The proposed 
operations will be modified, where possible and practical, to reflect 
the concerns of the villages and hunters. Therefore, the proposed 
geotechnical operations should have no significant affect on 
subsistence hunting.

Mitigation and Monitoring

    All activities will be conducted as far as practicable from any 
observed ringed seal lairs. Upon commencement of the on-ice 
geotechnical project, CPAI will establish a route along the proposed 
travel corridor and work areas to discourage ringed seals from building 
lairs within the corridor later. An experienced Inupiat hunter will be 
hired to serve as a marine mammal observer (MMO). The MMO would be used 
to visually locate potential lairs and breathing holes in the travel 
corridor and work areas where water depth exceeds 3 m (9.8 ft) under 
the ice. The MMO will ride in the lead rolligon. Locations will be 
flagged, Global Positioning System (GPS) coordinates taken and then 
delineated on a map.
    On subsequent trips, rolligon drivers will use the map, pre-
programmed GPS coordinates and/or flags to avoid potential lair habitat 
and breathing holes when traveling the corridor and work areas. The 
completed map will be provided to NMFS.

Reporting

    If activities are conducted during the IHA coverage period, then a 
final report will be submitted to NMFS within 90 days of completing the 
geotechnical project.

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 CPAI 
for this on-ice geotechnical project.

National Environmental Policy Act (NEPA)

    The information provided in Environmental Assessment (EA) on the 
Proposed OCS Lease Sale 202: Beaufort Sea Planning Area prepared by the 
Mineral Management Service (MMS) in August 2006 led NMFS to conclude 
that overall oil and gas related seismic surveys within the lease sale 
area, where the proposed action is located, would not have a 
significant impact on the human environment. Therefore, an 
Environmental Impact Statement was not prepared. The proposed on-ice 
geotechnical operations discussed in this document are not 
substantially different from activities analyzed in the MMS 2006 EA, 
and a reference search has indicated that no significant new scientific 
information or analyses have been developed in the past year that would 
warrant new NEPA documentation.

Preliminary Conclusions

    The anticipated impact of winter geotechnical operations on ringed 
seals is expected to be negligible for the following reasons:

[[Page 2656]]

    (1) The proposed activity would only occur in a small area which 
supports a small proportion (<0.01 percent) of the ringed seal 
populations in the Beaufort Sea.
    (2) Geotechnical operators will avoid moderate and large pressure 
ridges, where seal and pupping lairs are likely to be present.
    (3) Mitigation and monitoring procedures such as using an 
experienced native hunter to conduct pre-operational survey and 
monitoring of ringed seal lairs and breathing holes within the proposed 
action area and travel corridor, mapping the travel corridor and work 
areas that are free of ringed seal lairs with GPS coordination, and 
establishing a rollingon traveling route prior to the seal pupping 
season to discourage the use of these areas by seals during the pupping 
season, will be implemented.
    As a result, NMFS believes the effects of on-ice geotechnical 
operations are expected to be limited to short-term and localized 
behavioral changes involving relatively small numbers of ringed seals. 
NMFS has preliminarily 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 ringed seal 
population within the proposed action area. Also, the potential effects 
of the proposed on-ice geotechnical operations during 2007 will not 
have an unmitigable adverse impact on subsistence uses of this species.

Proposed Authorization

    NMFS proposes to issue an IHA to CPAI for conducting on-ice 
geotechnical operations in the U.S. Beaufort Sea, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated. NMFS has preliminarily determined that the proposed 
activity would result in the harassment of small numbers of ringed 
seals; would have no more than a negligible impact on the affected 
ringed seal stock; and would not have an unmitigable adverse impact on 
the availability of ringed seals for subsistence uses.

    Dated: January 16, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-812 Filed 1-19-07; 8:45 am]
BILLING CODE 3510-22-S