[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45014-45019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15688]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB11


Taking of Marine Mammals Incidental to Specified Activities; Open 
Water Seismic Operations in Cook Inlet, Alaska

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

ACTION:  Notice; proposed authorizations for two incidental take 
authorizations; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from Union Oil Company of 
California (UOCC) to change the effective date of its Incidental 
Harassment Authorization (IHA) covering the period between May 1 and 
June 15 to between September 4 and November 15, 2007. NMFS has received 
a request from Marathon Oil Company (MOC) for an authorization to take 
small numbers of five marine mammal species incidental to seismic 
operations in portions of Cook Inlet, Alaska. Under the Marine Mammal 
Protection Act (MMPA), NMFS is requesting comments on its proposal to 
modify the effective dates of the IHA which was issued to UOCC, and to 
issue a new authorization to MOC to incidentally take, by harassment, 
small numbers of these species between October 1 and November 30, 2007.

DATES:  Comments and information must be received no later than 
September 10, 2007.

ADDRESSES:  Comments on the applications and draft Supplemental 
Environmental Assessment (SEA) 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 the contact 
listed here. The mailboxes address for providing e-mail comments are 
[email protected]. Comments sent via e-mail, including all 
attachments, must not exceed a 10-megabyte file size. Copies of the 
applications, the application letters, draft SEA, and other related 
documents may be obtained by writing to this address or by telephoning 
one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT). 
The applications and draft EA are 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) 271-3023.

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.
    An authorization shall be granted if NMFS finds that the taking 
will have 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 mitigation, 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.''
    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 with respect to certain 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 
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.

[[Page 45015]]

Summary of Request

    On March 30, 2007, NMFS issued an IHA to UOCC under the authority 
of Section 101(a)(5)(D) of the MMPA, to take by harassment small 
numbers of Cook Inlet beluga whales (Delphinapterus leucas), Steller 
sea lions (Eumetopias jubatus), Pacific harbor seals (Phoca vitulina 
richardsi), harbor porpoises (Phocoena phocoena), and killer whales 
(Orcinus orca) incidental to conducting open water seismic operations 
in northwestern Cook Inlet, Alaska, between May 1 and June 15, 2007 (72 
FR 17118, April 6, 2007). However, as a result of ice conditions in the 
Cook Inlet during spring 2007, UOCC was unable to begin seismic 
operations planned for May. As a result, on May 17, 2007, UOCC 
requested that NMFS change the effective date of its IHA to the time 
period September 4 through November 15, 2007.
    On May 15, 2007. MMFS received an application from MOC requesting 
an IHA for the possible harassment of small numbers of the Cook Inlet 
beluga whale, Steller sea lions, Pacific harbor seals, harbor 
porpoises, and killer whales incidental to conducting open water 
seismic operations in portions of Cook Inlet, Alaska.
    Both proposed operations use an ocean-bottom cable (OBC) system to 
conduct seismic surveys. OBC seismic surveys are used in waters that 
are too shallow for the data to be acquired using a marine-streamer 
vessel and/or too deep to have static ice in the winter. This type of 
seismic survey requires the use of multiple vessels for cable layout/
pickup, recording, shooting, and possibly one or two vessels smaller 
than those used in streamer operations. The utility boats can be very 
small, in the range of 10 - 15 m (33 --49 ft). A detailed description 
of the open water seismic surveys using OBC system was published in the 
Federal Register on January 5, 2007 (72 FR 536), and is not repeated 
here.
    The proposed operations would be active 24 hours per day, but the 
airguns would only be active for 1 - 2 hours during each of the 3 - 4 
daily slack tide periods. The source for the proposed OBC seismic 
surveys would be a 900-in\3\ BOLT airgun array situated on the source 
vessel, the Peregrine Falcon. The array would be made up of 2 sub-
arrays, each with 2, 3-airgun clusters separated by 1.5 m (4.9 ft) off 
the stern of the vessel. One cluster will consist of 3, 225-in\3\ 
airguns and the second cluster will have 3, 75-in\3\ airguns. During 
seismic operations, the sub-arrays will fire at a rate of every 10 - 25 
seconds and focus energy in the downward direction as the vessel 
travels at 4 - 5 knots (4.6 - 5.8 mph). Source level of the airgun 
array is 249 dB re 1 microPa at 1 m (0 - peak), and the dominant 
frequency range is 8 - 40 Hz.
    The geographic region for the seismic operation proposed by UOCC 
remains the same as published in the previous Federal Register notice 
(72 FR 536), which is in the northwestern Cook Inlet, paralleling the 
shoreline offshore of Granite Point, and extending from shore into the 
inlet to an average of about 1.6 km (1 mi).
    The geographic region for the activity proposed by MOC encompasses 
a 68.51 km\2\ (26.45 square miles) area in lower Cook Inlet on the 
eastern shore, paralleling the shoreline for about 15.2 km (9.5 mi) and 
extending from shore into the inlet an average of about 6.1 km (3.8 
mi). The approximate boundaries of the region of the proposed project 
area are 61[deg]09'N, 151[deg]30'W; 61[deg]12'N, 151[deg]34'W; 
61[deg]17'N, 151[deg]25'W; and 60[deg]16'N, 151[deg]21'W. There are no 
major rivers flowing into the open water seismic project area. Water 
depths range from 0 to 15 m (48 ft), with most of the area less than 
7.3 m (24 ft) deep. The proposed seismic operations would begin as 
early as October 1 and by November 30, 2007.

Description of the Marine Mammals Potentially Affected by the Activity

    Marine mammal species potentially occurring within the proposed 
action area include Cook Inlet beluga whales, Steller sea lions, 
Pacific harbor seals, harbor porpoises, and killer whales. Among these 
species, only the Steller sea lion is listed as endangered under the 
ESA, and it is also designated as depleted under the MMPA. The Cook 
Inlet beluga whale is designated as depleted under the MMPA. General 
information for these species can be found in Angliss and Outlaw 
(2006), which is available at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2006.pdf. A more detailed description 
of these species and stocks within Cook Inlet is provided in the 
January 5, 2007, Federal Register (72 FR 536). Therefore, it is not 
repeated here.

Potential Effects on Marine Mammals and Their Habitat

    Seismic surveys using acoustic energy may have the potential to 
adversely impact marine mammals in the vicinity of the activities 
(Gordon et al., 2004). The sound source levels (zero to peak) 
associated with the OBC seismic survey can be as high as 233 - 240 dB 
re 1 microPa at 1 m. However, most energy is in the low-frequency 
spectra below 250 Hz and is directed downward (Richardson et al., 
1995), and the short duration of each pulse limits the total energy. 
Received levels within several kilometers typically exceed 160 dB re 1 
microPa (Richardson et al., 1995), depending on water depth, bottom 
type, ice cover, etc. Although relatively high levels of airgun pulses 
and frequencies above 500 Hz were detected at certain depth of water 
column much further away during Sperm Whale Seismic Study's controlled 
exposure experiments conducted in the Gulf of Mexico (DeRuiter et al., 
2006; Madsen et al., 2006), this was probably due to the existence of 
convergence zones where long-range refraction occurred in a much deep 
ocean with a critical depth and sufficient depth excess (Urick, 1983; 
Etter, 2003). Within the proposed project area in Cook Inlet, where 
average water depth is less than 15 m (50 ft), no convergence zone can 
exist.
    Intense acoustic signals from seismic surveys have been known to 
cause behavioral alteration such as reduced vocalization rates (Goold, 
1996), avoidance (Malme et al., 1986, 1988; Richardson et al., 1995; 
Harris et al., 2001), and changes in blow rates (Richardson et al., 
1995) in several marine mammal species.
    The proposed surveys would use a 900-in\3\ BOLT airgun array 
consisting of 3, 225-in\3\ airguns and 3, 75-in\3\ airguns. Acoustic 
measurements of the airgun array were obtained using calibrated, high-
resolution Ocean Bottom Hydrophone recorders in April 2007 in Cook 
Inlet by JASCO Research Ltd (JASCO). The results show that the nominal 
ranges to the decibel thresholds 190, 180, and 160 dB re 1 microPa rms, 
computed using the 90 percent fit equation, are 140, 454, and 3,027 m 
(or 459, 1,490, and 9,931 ft), respectively (Collins et al., 2007).
    The seismic surveys would only introduce acoustic energy into the 
water column and no objects would be released into the environment. The 
survey vessels would travel at a speed of 4 5 knots and the two 
projects would be conducted in a small area of Cook Inlet for a short 
period.
    There is a relative lack of knowledge about the potential impacts 
of seismic energy on marine fish and invertebrates. Available data 
suggest that there may be physical impacts on eggs and on larval, 
juvenile, and adult stages of fish at very close range (within meters) 
to seismic energy source. Considering typical source levels associated 
with seismic arrays, close proximity to the source would result in 
exposure to very high energy levels. Where eggs and larval stages are 
not able to escape such

[[Page 45016]]

exposures, juvenile and adult fish most likely would avoid them. In the 
cases of eggs and larvae, it is likely that the numbers adversely 
affected by such exposure would be very small in relation to natural 
mortality. Studies on fish confined in cages that were exposed under 
intense sound for extended period showed physical or physiological 
impacts (Scholik and Yan, 2001; 2002; McCauley et al., 2003; Smith et 
al., 2004). While limited data on seismic surveys regarding 
physiological effects on fish indicate that impacts are short-term and 
are most apparent after exposure at very close range (McCauley et al., 
2000a; 2000b; Dalen et al., 1996), other studies have demonstrated that 
seismic guns had little effect on the day-to-day behavior of marine 
fish and invertebrates (Knudsen et al., 1992; Wardle et al., 2001). It 
is more likely that fish will swim away upon hearing the approaching 
seismic impulses (Engas et al., 1996). Based on the foregoing, NMFS 
finds preliminarily that the proposed seismic surveys would not cause 
any permanent impact on the physical habitats and marine mammal prey 
species in the proposed project area.

Number of Marine Mammals Expected to Be Taken

    NMFS estimates that approximately 37 Cook Inlet beluga whales out 
of a population of 302 whales could be harassed incidentally by the two 
proposed seismic operations from September to November, 2007. This 
represents 12.1 percent of Cook Inlet beluga whales that could be taken 
by Level B harassment if no mitigation and monitoring measures are 
implemented. This number is based on the animal density, length of 
track planned, and the assumption that all animals will be harassed at 
distances where noise at received level is at and above 160 dB re 1 
microPa rms. Beluga whale density (0.03 whale/km2) was calculated by 
dividing the population (302) by 50 percent of the surface area of Cook 
Inlet (19,863 km\2\, or 7,672 mi\2\), assuming their distribution is 
only limited to the upper portion of the Inlet (Hobbs et al., 2005). 
The number of beluga whales that could be taken by both proposed 
seismic projects is calculated by multiplying the whale density by the 
total length of the track lines (57 km or 35.4 mi for UOCC and 146 km 
or 90.7 mi for MOC) and by twice of the 160 dB isopleths range (3.0 
km). This estimate is conservative as it assumes that all animals 
exposed to seismic impulses over 160 dB re 1 microPa would be harassed 
and disturbed. As the majority of acoustic energy of low frequency 
airgun impulses falls outside the beluga whale's most sensitive hearing 
range (Richardson et al., 1995), it is most likely that only a portion 
of whales within the 160 dB re 1 microPa isopleth would be disturbed. 
In addition, it is also possible that many of the animals would be 
habituated to this level of acoustic disturbances. Furthermore, 
mitigation measures, including the ramp-up requirement during the 
initiation of the seismic operations (see below) could eliminate most, 
if not all, startling behavior from animals near the proposed project 
area. Therefore, NMFS believes that the actual number of Level B 
harassment takes of Cook Inlet beluga whale would be much lower than 
the estimated 37 whales.
    There are no similar population surveys for harbor seals, harbor 
porpoises, Steller sea lions, and killer whales conducted within the 
proposed project area. However, based on an abundance survey of harbor 
porpoises within the entire Cook Inlet (Dahlheim et al., 2000), it is 
estimated that the population density of harbor porpoise in the entire 
Inlet is 0.0072 animal per km\2\. Based on this density data, NMFS 
estimates that about 9 harbor porpoises out of a population of 30,506 
porpoises could be harassed incidentally by the two proposed seismic 
operations from September to November, 2007. This number of take 
represents less than 0.03 percent of harbor porpoises that could be 
taken by Level B harassment.
    Average counts were used to estimate take instead of density for 
harbor seals, since count data were available (Boveng et al., 2005a; 
2005b) but not density data. Although no seals were counted in the 
vicinity of the proposed project areas, it is likely a small number of 
seals transit through the project areas in the fall. In order to 
account for seal occurrence in the proposed project areas, the count (1 
- 10) at the location (Anchor Point) nearest to the MOC project area 
was used as the basis for calculating take. This count was quadrupled 
to account for seals in the water for both proposed project areas, 
since the conservative estimate of take, which is more likely high than 
low. Therefore, the estimated take of the Gulf of Alaska stock of 
harbor seals is 40 seals, which represent approximately 0.14 percent of 
the total population (29,175, Angliss and Outlaw, 2007).
    There are no density estimates available for Steller sea lions and 
killer whales with in Cook Inlet. However, their appearance in Upper 
Cook Inlet is rare and none of these species were sighted in the upper 
Inlet during the 2004 survey (Rugh et al., 2005). Therefore, NMFS 
concludes that the harassment, if at all, of these species is 
reasonably believed to be much lower than those of beluga whales and 
harbor seals.

Effects on Subsistence Needs

    Tyonek, which is predominately a Dena'ina Athabaskan community, is 
approximately 6.4 km (4 mi) east of the eastern boundary of the 
proposed UOCC project area, and is about 100 km (62 mi) north of the 
proposed MOC project area. While it is the only village that hunts 
beluga whales, Alaska natives unaffiliated with a Cook Inlet community 
who have moved to the region and visited the region also have 
historically harvested beluga whales in the Inlet (Mahoney and Shelden, 
2000). The role of marine mammals in the subsistence economy of Tyonek 
and other Alaska natives has been diminished by the almost complete 
elimination of the harvest of Cook Inlet beluga whales because of their 
greatly reduced stock size. In recent years, Tyonek natives harvested 
one beluga whale per year and occasionally harbor seals (Huntington, 
2000), but their primary source of red meat is moose (Foster, 1982). 
Salmon and other fish also contribute substantially to their 
subsistence diet (Foster, 1982). The Tyonek village recently announced 
(April 16, 2007) that they would not harvest any belugas in 2007 due to 
the status of the population.
    In addition, these areas are not important subsistence areas for 
subsistence species of marine mammals (harbor seals). Tyonek native 
subsistence activities have become focused closer to the village as 
more non-natives utilize and occupied traditional subsistence areas 
combined with harvest regulation restrictions, changes in the abundance 
and distribution of subsistence resources, and other factors.

Mitigation

    The following mitigation measures are proposed under the proposed 
IHAs that would be issued to UOCC and MOC for conducting seismic 
operations in Cook Inlet. NMFS believes that the implementation of 
these mitigation measures would: (1) result in the least practicable 
impact on marine mammal species or stocks and their habitat; and (2) 
ensure that no unmitigable adverse impacts on the availability of 
marine mammals species or stocks for subsistence harvest would result.

Time and Frequency

    Seismic operations would be limited from early September to late 
November in small portions of Cook Inlet. During

[[Page 45017]]

the seismic operations, airguns would only be active for 1 - 2 hours 
during each of the 3 - 4 slack tide periods, with the vessel moving at 
a speed of 4 - 5 knots (4.6 - 5.8 mph).

Establishment of Safety Zones

    The applicants would establish a 454-m (1,490-ft) radius safety 
zone for cetaceans and a 140-m (459-ft) radius safety zone for 
pinnipeds for the seismic operations. These safety zone radii are based 
on empirical measurements conducted by JASCO on the same airgun array 
operated in Cook Inlet, where the received sound pressure levels (SPL) 
attenuated to 180 dB and 190 dB re 1 microPa rms, respectively.
    Safety zones would be surveyed and monitored prior to, during, and 
after the airgun seismic operations. A detailed description of marine 
mammal monitoring is described in the Monitoring and Reporting section 
below.

Speed and Course Alteration

    If a marine mammal is detected outside the safety radius and based 
on its position and the relative course of travel is likely to enter 
the safety zone, the vessel's speed and/or direct course may, when 
practicable and safe, be changed to avoid the impacts to the animal. 
The marine mammal activities and movements relative to the seismic and 
support vessels must be closely monitored to ensure that the animal 
does not (1) approach the safety radius, or (2) enter the safety zone. 
If either of these scenarios occur, further mitigation measures must be 
taken (i.e., either further course alterations or power down or shut 
down of the airgun(s)).

Power-down Procedures

    A power down involves decreasing the number of airguns in use so 
that the radius of the 180- or 190-dB zone is decreased to the extent 
that marine mammals are not in the safety zone. During a power-down, 
one airgun is operated. The continued operation of one airgun is 
intended to alert marine mammals to the presence of the seismic guns in 
the area.
    If a marine mammal is detected outside the safety zone but is 
likely to enter the safety zone, and if the vessel's course and/or 
speed cannot be changed to avoid having the animal enter the safety 
radius, the airguns must be powered down before the animal is within 
the safety zone.

Shut-down Procedures

    A shut-down occurs when all airgun activity is suspended. The 
operating airgun(s) must be shut down if a marine mammal approaches the 
applicable safety zone and a power down still would not likely to keep 
the animal outside the newly adjusted smaller safety zone. The 
operating airgun(s) must also be shut down completely if a marine 
mammal is found within the safety zone during the seismic operations. 
The shut-down procedure should be accomplished within several seconds 
(of a ``one shot'' period) of the determination that a marine mammal is 
within or about to enter the safety zone.
    Following a shut-down, airgun activity would not resume until the 
marine mammal has cleared the safety zone. The animal would be 
considered to have cleared the safety zone if it is visually observed 
to have left the safety zone, or if it has not been seen within the 
safety zone for 30 minutes.

Ramp-up Procedures

    Although marine mammals will be protected from Level A harassment 
by establishment of a safety zone at a SPL levels of 180 and 190 dB re 
1 microPa rms for cetaceans and pinnipeds, respectively, mitigation may 
not be 100 percent effective at all times in locating marine mammals. 
In order to provide additional protection to marine mammals near the 
project area by allowing marine mammals to vacate the area prior to 
receiving a potential injury, and to further reduce Level B harassment 
by startling marine mammals with a sudden intensive sound, UOCC and MOC 
propose to implement ``ramp-up'' practice when starting up airgun 
arrays. Ramp-up would begin with the smallest airgun in the array that 
is being used for all subsets of the 6-gun array. Airguns would be 
added in a sequence such that the source level in the array would 
increase at a rate no greater than 6 dB per 5 minutes. During the ramp-
up, the safety zone for the full 6-airgun system would be maintained.

Night-time Operations

    During night-time operations when the safety zone cannot be 
visually inspected, a single airgun will operate by firing every one 
minute whenever regular acquisition airgun operations are not occurring 
to keep marine mammals at a safe distance. If, during these non-
recording times, this airgun is inactive for more than 30 minutes, 
operations will cease and all airguns will be shut down until the 
safety zone can be visually inspected and monitored for the absence of 
marine mammals.

Monitoring

Vessel-based Monitoring

    Vessel based monitoring would be conducted by at least two 
qualified NMFS-approved MMOs. Reticle binoculars (e.g., 7 x 50 Bushnell 
or equivalent) and laser range finders (Leica LRF 1200 laser range 
finder or equivalent) would be standard equipment for the monitors.
    Vessel-based MMOs would begin marine mammals monitoring at least 30 
minutes prior to the planned start of airgun operations and during all 
periods of airgun operations. MMOs would survey the safety zone to 
ensure that no marine mammals are seen within the zone before a seismic 
survey begins. If marine mammals are found within the safety zone, 
seismic operations would be suspended until the marine mammal leaves 
the area. If a marine mammal is seen above the water and then dives 
below, the operator would wait 30 minutes, and if no marine mammals are 
seen by the MMOs in that time it will be assumed that the animal has 
moved beyond the safety zone. Observations would also be conducted 
during all ramp-up procedures to ensure the effectiveness of ramp-up as 
a mitigation measure. When feasible, observations would also be made 
during transits, moving cable, and other operations when airguns are 
inactive.
    Data for each distinct marine mammal species observed in the 
proposed project area during the period of the seismic operations would 
be collected. Numbers of marine mammals observed, species 
identification if possible, frequency of observation, the time 
corresponding to the daily tidal cycle, and any behavioral changes due 
to the airgun operations will be recorded and entered into a custom 
database using a notebook computer. The accuracy of the data entry 
would be verified by computerized validity data checks as the data are 
entered and by subsequent manual checking of the database. These 
procedures would allow initial summaries of data to be prepared during 
and shortly after the field program, and will facilitate transfer of 
the data to statistical, graphical, or other programs for further 
processing and archiving.
    Results from the vessel-based observations would provide: (1) Basis 
for real-time mitigation (airgun shut-down); (2) information needed to 
estimate the number of marine mammals potentially taken by harassment, 
which must be reported to NMFS; (3) data on the occurrence, 
distribution, and activities of marine mammals in the area where the 
seismic study is conducted; (4) information to

[[Page 45018]]

compare the distance and distribution of marine mammals relative to the 
source vessel at times with and without seismic activity; and (5) data 
on the behavior and movement patterns of marine mammals seen at times 
with and without seismic activity.

Aerial Monitoring

    In addition to vessel monitoring, seismic surveys that would be 
conducted off Granite Point between September and November by UOCC 
would also be required to conduct aerial monitoring, due to the 
relative more frequent use by beluga whales in the area (Hobbs et al., 
2005). The aerial surveys would: (1) collect and report data on the 
distribution, numbers, movement and behavior of marine mammals near the 
seismic operations on the westside of Cook Inlet between Tyonek and 
Trading Bay, with special emphasis on beluga whales; (2) advise 
operating vessels as to the presence of marine mammals in the general 
area of operation; and (3) support regulatory reporting related to the 
estimation of impacts of seismic operations on marine mammals.
    The aerial monitoring area will be centered on the project area 
plus a buffer for detecting belugas before or after they pass through 
the project area. The boundary for the aerial survey extends 
approximately 4 mi (6.4 km) east and west of the project area, between 
Tyonek and Trading Bay (directly east of the Trading Bay State Game 
Refuge boundary), and 0.25 mi (0.4 mi) from the water's edge, which 
will vary depending on tide levels. The size of the survey area 
provides a design for observing whales before and during exposure to 
seismic sounds.
    Aerial monitoring will be conducted from a single engine 
helicopter, which will fly a single transect line paralleling the 
shoreline along the coast in the project area. The aerial survey will 
begin from the northeast end and finish at the southwest end of the 
transect. This pattern will be flown unless observation conditions 
(glare, etc) require flying from southwest to northeast depending on 
the effect of glare on observations. The helicopter operations will be 
based out of Beluga or Shirleyville. The helicopter will fly at 1,500 
ft (457 m), due to glide path needs, and at a ground speed of 60 knot 
(111 km/h). This altitude should prevent disturbance of marine mammals 
and birds by the helicopter noise.
    Helicopter monitoring will be conducted at a frequency that 
reflects the monthly occurrence of belugas in the project area (LGL, 
2006). The helicopter will be flown once per week from the time the 
seismic operations begin until the project is completed. However, if 
beluga whales are observed by helicopter or boat in or near the project 
area, survey flights will be conducted daily until whales are not 
observed for two consecutive days. Once belugas are no longer observed 
for two consecutive days, surveys will again be flown once per week 
until the project ends.
    Aerial monitoring will fly 1 - 2 times shortly before and one half 
of the survey transect will be flown once during seismic operations, 
whenever possible, in a given day. Half transects are limited in 
duration to prevent noise interference with seismic data acquisition. 
Half transect flight directions will be determined by the relative 
position of activities to the helicopter landing location.
    To the extent consistent with applicable aviation regulation, 
aerial surveys will be conducted under the following conditions: (1) 
when the pilot considers it safe to do so; (2) during daylight hours; 
(3) during good viewing conditions (ceiling height above 1,500 ft (457 
M) and Beaufort Sea States below 4; and (4) during periods allowed by 
regulatory agencies. Flights will also be oriented to minimize sun 
glare on the observer.
    One NMFS-approved MMO will be on the helicopter observing and 
recording marine mammals, covering the 180o view in front of the 
helicopter. Space will be made available on the helicopter for NMFS 
staff to participate in surveys when possible.
    Data from aerial monitoring will be recorded on the species, 
number, group size, location (latitude/longitude), time, date, 
direction and angle from helicopter as determined by using a 
clinometer. Data will also be collected on tide, real time positions 
(latitude/longitude) of seismic survey vessel, shooting, and vessel 
activities. Observation conditions will be recorded at the start and 
finish of each survey or whenever conditions change. Data will be 
recorded on ceiling height, Beaufort Force, glare, and weather (snow, 
fog, etc.). All information collected during the marine mammal survey 
and/or reported to the vessel will be recorded on a field form. The 
information will be included with real time data on seismic activity 
(boat location, shooting, activities).

Reporting

    Reports from aerial and land-based monitoring would be faxed or e-
mailed to NMFS Anchorage Field Office on a daily basis.
    Reports from UOCC and MOC would be submitted to NMFS within 90 days 
after the end of the respective projects. The reports would describe 
the operations that were conducted, the marine mammals that were 
detected near the operations, and provide full documentation of 
methods, results, and interpretation pertaining to all monitoring. The 
reports would also include estimates of the amount and nature of 
potential ``take'' of marine mammals by harassment or in other ways.

National Environmental Policy Act (NEPA)

    In March 2007, NMFS prepared a final EA on the issuance of IHAs to 
ConocoPhillips Alaska, Inc and UOCC to take marine mammals by 
harassment incidental to conducting seismic operations in upper Cook 
Inlet, Alaska. A Finding of No Significant Impact statement was issued 
on March 30, 2007. The proposed seismic operations in this document are 
similar to those covered in the March 2007 Final EA, with the only 
exception of project time frames, location, and the levels of estimated 
marine mammal takes. Therefore, NMFS has prepared a draft Supplemental 
EA which incorporates by reference the March 2007 Final EA, providing 
an analysis of project time frames, location, and potential 
environmental impacts.

Endangered Species Act (ESA)

    An informal consultation on the ESA was conducted for the proposed 
issuance of UOCC and MOC's IHAs. As a result of informal consultation, 
NMFS Anchorage Field Office has determined that the proposed seismic 
activities are not likely to adversely affect listed species or 
critical habitat.

Preliminary Determinations

    NMFS has determined preliminarily that small numbers of beluga 
whales and harbor porpoises may be taken incidental to seismic surveys, 
by no more than Level B harassment and that such taking would result in 
no more than a negligible impact on such species or stocks. In 
addition, NMFS has determined preliminarily that Pacific harbor seals, 
Steller sea lions, and killer whales, if present within the vicinity of 
the proposed activities could be taken incidentally, buy by no more 
than Level B harassment and that such taking would result in no more 
than a negligible impact on such species or stocks. At this time, NMFS 
is not able to determine whether any potential take would involve small 
numbers of Pacific harbor seals, Steller sea lions, or killer

[[Page 45019]]

whales due to data limitations and our inability to develop density 
estimates. Regardless, given the infrequent occurrence of these species 
(or none at all), NMFS believes that any take would be significantly 
lower than those of beluga whales.
    While behavioral modifications, including temporarily vacating the 
area during the project period may be made by these species to avoid 
the resultant visual and acoustic disturbance, NMFS nonetheless finds 
that this action would result in no more than a negligible impact on 
these marine mammal species and/or stocks. NMFS also finds that the 
proposed action will not have an unmitigable adverse impact on the 
availability of such species or stocks for taking for subsistence uses.
    In addition, no take by Level A harassment (injury) or death is 
anticipated or authorized, and harassment takes should be at the lowest 
level practicable due to incorporation of the mitigation measures 
described in this document.

Proposed Authorization

    NMFS proposes to modify the UOCC IHA to allow its seismic 
operations in Upper Cook Inlet between September and November, 2007, 
and to issue an IHA to MOC for the potential harassment of Cook Inlet 
beluga whales, Pacific harbor seals, harbor porpoises, Steller sea 
lions, and killer whales incidental to conducting seismic operations in 
Cook Inlet in Alaska, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: August 7, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-15688 Filed 8-9-07; 8:45 am]
BILLING CODE 3510-22-S