[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Notices]
[Pages 56053-56058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19438]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB73


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 of issuance of two incidental harassment authorizations.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that Incidental 
Harassment Authorizations (IHAs) to take marine mammals, by harassment, 
incidental to conducting seismic operations in the northwest portion of 
Cook Inlet, Alaska, have been issued to Union Oil Company of California 
(UOCC) and Marathon Oil Company (MOC) for a period between September 
and November, 2007.

DATES: The authorization for UOCC is effective from September 26 until 
November 15, 2007; and the authorization for MOC is effective from 
October 1 until November 30, 2007.

ADDRESSES: A copy of the application, IHA, Environmental Assessment 
(EA), supplemental Environmental Assessment (SEA), and a list of 
references used in this document may be obtained by writing 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 (see FOR FURTHER INFORMATION CONTACT).

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 certain 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.

Summary of Requests

    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 
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 harassment of small numbers of Cook Inlet beluga whales, 
Steller sea lions, Pacific harbor seals, harbor porpoises, and killer 
whales incidental to conducting open water seismic operations in 
portions of Cook Inlet, Alaska for the period from October 1 to 
November 30, 2007.
    Both proposed operations use an ocean-bottom cable (OBC) system to 
conduct seismic surveys. OBC seismic surveys are used in waters that 
are too

[[Page 56054]]

shallow for the data to be acquired using a marine-streamer vessel 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 end by November 30, 2007.

Comments and Responses

    A notice of receipt and request for public comment on the 
applications and proposed authorizations was published on August 10, 
2007 (72 FR 45014). During the 30-day public comment period, NMFS 
received the following comments from the Marine Mammal Commission 
(Commission), the Humane Society of the United States (HSUS), 
ConocoPhillips Alaska Inc. (CPAI), and one private citizen.
    Comment 1: The Commission recommends that NMFS issue the IHA to MOC 
subject to various monitoring and mitigation stipulations. The 
Commission states that the seismic survey area proposed by MOC appears 
to be well to the south of the area that is used by Cook Inlet beluga 
whales during the period in question. And because a considerable 
portion of the survey is on land and the marine area to be surveyed is 
close to shore in shallow water, the Commission believes that the 
survey activities are not likely to lead to significant disturbance of 
beluga whales or other marine mammals.
    Response: NMFS agrees with the Commission's comments and 
recommendation that the IHA be issued to MOC subject to various 
monitoring and mitigation measures.
    Comment 2: The Commission recommends that NMFS defer changing the 
timing of the authorization for the UOCC survey until NMFS can 
demonstrate a clear temporal separation in the distribution of beluga 
whales and the seismic operations to ensure that beluga whales are not 
being taken in unanticipated ways or numbers and that any effects will, 
indeed, be negligible. The Commission expresses its concern that the 
requested delay in the UOCC project appears to increase the possibility 
that beluga whales will be in the survey area during the period in 
question.
    Response: NMFS has conducted extensive research and analyses before 
making its determination that the proposed seismic surveys by UOCC will 
have no more than a negligible impact on marine mammal species and 
stocks in the area. As stated in the Federal Register notice for the 
proposed issuance of the IHAs (72 FR 45014, August 10, 2007), NMFS is 
aware of the relative more frequent use by beluga whales in Granite 
Point during the proposed UOCC seismic surveys. Therefore, as an 
additional measure of marine mammal monitoring, NMFS requires that UOCC 
conduct aerial monitoring of Cook Inlet beluga whales in the vicinity 
of the project area during seismic surveys between September and 
November to ensure that beluga whales are not being taken in 
unanticipated ways or numbers and that any effects will be negligible 
(see Monitoring Section later in this document).
    Comment 3: CPAI urges NMFS to issue the IHAs to UOCC and MOC. CPAI 
states that seismic and other projects conducted over the 40 year span 
of oil and gas exploration and development in Cook Inlet demonstrate 
the industry's ability to operate, with minimal impacts, in a 
challenging environment. CPAI states that continued Cook Inlet 
exploration and development is needed to provide jobs and energy for 
South-Central Alaska's economy.
    Response: Comments noted. As stated in this document, IHAs shall be 
granted to UOCC and MOC if NMFS finds that incidental taking of marine 
mammals 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 if the permissible methods 
of taking and requirements pertaining to the mitigation, monitoring and 
reporting of such taking are set forth.
    Comment 4: The HSUS urges NMFS to deny the IHAs per its comments 
provided in February 2007 on NMFS' proposed IHA issuance to CPAI and 
UOCC's seismic surveys in Cook Inlet. The HSUS states that impacts from 
this sort of noise is dangerous for the fragile stocks of marine 
mammals in Cook Inlet.
    Response: NMFS disagrees. NMFS has addressed HSUS's previous 
comments in its Federal Register notice for the issuance of two IHAs to 
CPAI and UOCC (72 FR 17118, April 6, 2007). The HSUS did not provide 
any scientific data or references to support its claim as the airgun 
noises in the proposed seismic surveys are ``dangerous'' to the marine 
mammal stocks in Cook Inlet. Detailed analyses of underwater noise, 
especially those from airguns, and impacts to marine mammals are 
provided in various documents related to the proposed projects. These 
include (1) Federal Register notice for the issuance of IHAs to CPAI 
and UOCC (72 FR 17118, April 6, 2007), (2) Federal Register notice for 
the proposed issuance of IHAs to UOCC and MOC (72 FR 45014, August 10, 
2007), (3) an EA for the CPAI and UOCC seismic surveys, and (4) the 
draft SEA for the UOCC and MOC seismic surveys. All these analyses, 
which are supported by extensive scientific research and data, point 
out that the proposed seismic surveys in Cook Inlet will have 
negligible impacts on marine mammal species and stocks in Cook Inlet.
    Comment 5: A private citizen expresses her concerns that there is a 
threat of serious injury and mortality to

[[Page 56055]]

marine mammals from the proposed seismic surveys.
    Response: As described in detail in a Federal Register notice (72 
FR 45014) published on August 10, 2007, and in the draft SEA for the 
proposed action, NMFS has performed a thorough analysis on the levels 
of potential impacts to Cook Inlet beluga whales and four other species 
of marine mammals as a result of seismic operations in the upper Cook 
Inlet. Based on this analysis, which is supported by the best available 
scientific information, NMFS has come to the conclusion that only a few 
beluga whales, Pacific harbor seals, harbor porpoises, and killer 
whales may be taken incidental to seismic surveys, by no more than 
Level B harassment, and that such taking will have a negligible impact 
on such species or stocks.
    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 strict monitoring and mitigation 
requirements in the IHA. Please refer to the Federal Register notice 
(72 FR 45014, August 10, 2007) and the SEA for a detailed description 
of the analysis.

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 
(2007), which is available at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2007.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) and 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 depths of water 
much further away during the 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 deeper 
ocean with a critical depth and sufficient depth excess (Urick, 1983; 
Etter, 2003). Within the proposed project areas 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 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 relatively limited knowledge about the potential impacts 
of seismic energy on marine fish and invertebrates that are marine 
mammal prey. Available data suggest that there may be physical impacts 
on eggs and on larval, juvenile, and adult stages of fish at very close 
ranges (within meters) to a 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. Although 
eggs and larval stages are not able to escape such 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 (Eng[aring]s 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 11 beluga whales and 3 harbor 
porpoises could be taken by behavioral harassment by the proposed UOCC 
seismic surveys, and approximately 26 whales and 6 porpoises by the 
proposed MOC seismic surveys. Thus a total of 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, if no mitigation and monitoring measures are implemented. This 
represents 12.1 percent of the population. 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/
km\2\) 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 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 the 160 dB isopleths 
range (3.0 km). This estimate is conservative as it assumes that all 
animals exposed to

[[Page 56056]]

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) should eliminate most, 
if not all, startle 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 density data were not. 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 it is the conservative estimate of take, it is more likely to be 
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, 
harbor porpoises, 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 estimated takes of harbor seals and 
killer whales within the proposed project areas are significantly lower 
than those of beluga whales and harbor seals, and that it is unlikely 
there will be any incidental take of Steller sea lions as a result of 
the proposed seismic projects.

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 announced (April 
16, 2007) that they would not harvest any belugas in 2007 due to the 
status of the population.
    In addition, the project areas are not important subsistence areas 
for other subsistence species of marine mammals (harbor seals). Tyonek 
native subsistence activities have become focused closer to the village 
as more non-natives utilize and occupy traditional subsistence areas, 
combined with harvest regulation restrictions of beluga whales, changes 
in the abundance and distribution of subsistence resources, and other 
factors.
    Therefore, the proposed projects will have no significant effects 
on subsistence use of marine mammals in the proposed project areas.

Mitigation

    The following mitigation measures are required under the IHAs that 
were issued to UOCC and MOC for conducting seismic operations in Cook 
Inlet. NMFS believes that the implementation of these mitigation 
measures will: (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 will be limited from September to late November 
in small portions of Cook Inlet. During 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 IHA holders will 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 will 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's 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 occurs, 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.

[[Page 56057]]

    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 will not resume until the 
marine mammal has cleared the safety zone. The animal is 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 SPL levels of 180 and 190 dB re 1 
microPa rms for cetaceans and pinnipeds, respectively, monitoring and 
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 will implement ``ramp-up'' when starting up airgun arrays. 
Ramp-up will begin with the smallest airgun in the array that is being 
used for all subsets of the 6-gun array. Airguns will 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 will 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 will begin marine mammal monitoring at least 30 
minutes prior to the planned start of airgun operations and during all 
periods of airgun operations. MMOs will 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 will 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 will also be conducted during all 
ramp-up procedures to ensure the effectiveness of ramp-up as a 
mitigation measure. When feasible, observations will 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 will 
be collected. Numbers of marine mammals observed, species 
identification if possible, frequency of observation, the time 
corresponding to the daily tidal cycle, their location relative to the 
airgun sound field's safety zone, 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 
will 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 will 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 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 will be 
conducted off Granite Point between September and November by UOCC are 
also 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 will: (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 UOCC 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. 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

[[Page 56058]]

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 transects 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 180[deg] 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 will be faxed or e-
mailed to NMFS Anchorage Field Office on a daily basis.
    Reports from UOCC and MOC will be submitted to NMFS within 90 days 
after the end of the respective projects. The reports will 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 
will 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 SEA which 
incorporates by reference the March 2007 Final EA, providing an 
analysis of project time frames, location, and potential environmental 
impacts, for public comments. During the 30-day public comment period 
NMFS did not receive any comments on the draft SEA. Subsequently, NMFS 
finalized the draft SEA and on September 24, 2007, issued a Finding of 
No Significant Impact on the proposed project.

Endangered Species Act (ESA)

    Consultation under section 7 of the ESA was conducted for the 
proposed issuance of UOCC and MOC's IHAs. As a result of that 
consultation, NMFS Anchorage Field Office concurred that the proposed 
seismic activities are not likely to adversely affect listed species or 
critical habitat.

Determinations

    NMFS has determined that small numbers of beluga whales and harbor 
porpoises may be taken incidental to seismic surveys, by no more than 
Level B harassment. In addition, NMFS has determined that small numbers 
of Pacific harbor seals and killer whales, if present within the 
vicinity of the proposed activities, could be taken incidentally, 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. Although there 
are no estimated take numbers for Steller sea lions, harbor seals, or 
killer whales available due to their rare occurrence within the project 
areas, given the infrequent occurrence of these species (if at all), 
NMFS believes that any take of harbor seals and killer whales would be 
significantly lower than those of beluga whales and harbor porpoises. 
NMFS also believes it is unlikely that there would be any take of 
Steller sea lions due to their rare occurrence within the proposed 
project areas.
    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.

Authorization

    NMFS has issued IHAs to UOCC and MOC for the potential harassment 
of small numbers of Cook Inlet beluga whales, harbor porpoises, harbor 
seals, and killer whales incidental to conducting seismic operations in 
the northwestern Cook Inlet in Alaska, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: September 26, 2007.
Helen Golde
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-19438 Filed 10-1-07; 8:45 am]
BILLING CODE 3510-22-S