[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Notices]
[Pages 67713-67718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23255]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD60


Taking of Marine Mammals Incidental to Specified Activities; An 
On-ice Marine Geophysical and Seismic Programs in the U.S. Beaufort Sea

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

ACTION:  Notice of receipt of three applications and proposed 
incidental take authorizations; request for comments.

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SUMMARY:  NMFS has received applications from CGGVeritas (Veritas) and 
Shell Offshore, Inc. (SOI) for Incidental Harassment Authorizations 
(IHAs) to take marine mammals, by harassment, incidental to conducting 
an on-ice marine geophysical and seismic programs in the U.S. Beaufort 
Sea from February to May, 2008. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is requesting comments on its proposal to 
issue two authorizations to Veritas and one authorization to SOI to 
incidentally take, by harassment, small numbers of three species of 
pinnipeds.

DATES:  Comments and information must be received no later than 
December 31, 2007.

ADDRESSES:  Comments on the applications 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 
applications and other supporting

[[Page 67714]]

material related to the proposed actions 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 if 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 August 8 and 14, 2007, NMFS received two applications from 
Veritas for the taking, by harassment, of three species of marine 
mammals incidental to conducting on-ice seismic surveys in Smith Bay 
and Pt. Thomson areas of the U.S. Beaufort Sea. On September 10, 2007, 
NMFS received an application from SOI for the taking, by harassment, of 
three species of marine mammals incidental to conducting an on-ice 
marine geophysical survey program offshore west of Simpson Lagoon, U.S. 
Beaufort Sea. Veritas plans to acquire 3D seismic data within the 
months of February - May, 2008. The energy source for the proposed 
activity will be vibroseis. The proposed SOI on-ice seismic survey will 
also use vibroseis as energy sources, and is scheduled to begin in 
early March 2008 with camp mobilization expected to begin approximately 
March 11 from Oliktok Point. Data acquisition will begin in mid-March 
and continue for approximately 60 days until mid-May, followed by camp 
demobilization to Oliktok Point.

Description of the Activity

Veritas

    The proposed Veritas projects would consist of laying recording 
cables with geophones on the frozen sea ice; using vibroseis techniques 
as the source of energy to acquire the seismic data. Seismic operations 
will be conducted utilizing 8 - 10 wheeled/tracked vibrators supported 
by Tucker SnoCats and the Challenger 95 recording cable transport 
vehicles. A Challenger 95 or Tucker SnoCat vehicle will travel along a 
pre-surveyed route and lay receiver cable lines that extend between 3 - 
10 miles (4.8 - 16.1 km) long. Receiver (i.e., geophone) lines will be 
spaced 1,320 ft (402 m) apart; a group of 3 - 6 geophones would be 
located every 220 ft (67 m) along each of these lines. Ten to fifteen 
receiver lines will be placed on the ground at any one time all 
interconnected to a recording device known as a ``recorder.'' Vibroseis 
vehicles will then move along a pre-determined route most often nearly 
perpendicular to the recording lines. Positioning of the cables, 
vibroseis and recording vehicles all use Tiger Nav technology, a 
specialized navigation and positioning software. The Tiger Nav system 
integrates with GPS and Inertial Technology with Real Time Positioning, 
Stake-less Source, Receiver Surveying and Vehicle Tracking. The 
Vibrators (usually 3 - 4 that travel together) move to a pre-determined 
GPS point location and begin vibrating in synchrony via a radio signal. 
The Vibrators will vibrate usually 2 - 4 times at each location, move 
up to the next location about 330 ft (101 m), and continue the 
vibrating technique until the end of the line. This activity will occur 
two lines at a time. Veritas utilizes satellite imagery, existing 
bathymetry, drill grids and ground penetrating radar (GPR) to interpret 
ice integrity for proper planning. To support vibroseis and recording 
vehicle units, an ice thickness of at least 4 feet is required.
    The first specified geographic region of Veritas activities is: (1) 
a 569-km\2\ (220-mi\2\) area extending across Smith Bay from point of 
entry from the west at approximately 71[deg]06'00.05'' N, 
154[deg]30'21.00'' W to the east at point of exit to land at 
approximately 70[deg]54'37.03''N, 153[deg]46'43.43'' W. Water depths in 
most (> 80 percent) of the area are less than 10 ft (3 m) based on 
bathymetry charts. The second specified geographic area is a 276-km\2\ 
(107-mi\2\) area extending across the Beaufort Sea from point of entry 
from the southwest corner at approximately 70[deg]10' 41.84'' N, 
146[deg]43' 03.36'' W to the northwest corner at approximately 
70[deg]14' 52.92''N, 146[deg]42' 15.21'' W to the southeast corner at 
approximately 70[deg]08' 43.98'' N, 145[deg]58'10.70''W to the 
northeast corner off of Flaxman Island at approximately 
70[deg]11'28.82''N, 145[deg]54'11.46'' W. Water depths in most (> 75 
percent) of the area are less than 10 ft (3 m) based on bathymetry 
charts.

SOI

    The proposed SOI on-ice marine geophysical (seismic) program would 
be conducted over 10 to 20 U.S. Minerals Management Service (MMS) Outer 
Continental Shelf (OCS) lease blocks located offshore from Oliktok 
Point in the Alaskan Beaufort Sea. The proposed program location is in 
the vicinity of Thetis and Spy Islands, north-northwest of Oliktok 
Point. The majority of the OCS blocks covered in the proposed program 
are surrounding the 33 ft (10 m) water depth contour. Assuming seismic 
acquisition occurred over up to 20 OCS blocks, the proposed on-ice 
seismic project would cover a maximum estimated 3,000 line-miles (4,828 
km) of surveying within a 265 mi\2\ (686 km\2\) area. Two types of 
standard industry vibrator sources will be used on-ice, and no under-
ice acoustic sources will be deployed during the on-ice marine seismic 
program. Receivers will be

[[Page 67715]]

placed primarily below ice suspended in the water column; however, a 
few will be placed on-ice in areas where ice is grounded in the shallow 
marine environment.
    Surface sources will be two types of industry-standard vibrator 
vehicles. Vibrators will include up to: (1) Five, 68,000-lb (30,800-kg) 
gross vehicle weight (GVW) Input/Output wheeled vibrators (``heavy 
vibes'') capable of 49,440 ft-lbs of force; and (2) nine, 20,000-lb 
(9,072-kg) GVW Envirovibs (modified to accommodate tracks), capable of 
15,000 ft-lbs of force. Seismic data production is proposed to be 
collected by groups of four vibrators in series using either the heavy 
vibes or Envirovibs. Fewer than four vibrators per group may be used, 
but as a conservative assumption four are assumed for the maximum 
estimated exposure to marine mammals. Not all 14 Envirovibs and heavy 
vibes will be used at the same time. It is assumed that the Envirovibs 
will conduct approximately 75 percent of the program, with the ``heavy 
vibes'' accounting for approximately 25 percent.
    The recording unit is comprised of approximately 13 tracked 
vehicles for crew transport and technical support, two tracked 
recording trailers, and several ice drilling units.
    The SOI on-ice marine seismic program will also require a 
temporary, mobile camp facility geared to accommodate up to 120 people 
and will be composed of purpose-built accommodations which are largely 
self-sufficient for normal operations. Camp facilities are proposed to 
include as many as 30 to 40 sled trailers including medical facilities, 
crew quarters, offices, kitchen and dining facilities, laundry 
facilities, technical work spaces, generators, and fuel storage units. 
Tracked vehicles will be available for camp site support and access 
trail maintenance. Prospective mobile camp locations will be chosen 
based on ice conditions and safety of access to ice. These locations 
will be moved along with the project as it progresses within the area. 
The temporary, mobile camp will be stationed on grounded ice alongside 
the project. Mobilization and demobilization of the camp and equipment 
will take place from Oliktok Point. Resupply operations will 
periodically be required for fuel and provisions, and will come from 
Deadhorse through Oliktok Dock to the mobile field camp.

Description of Marine Mammals Affected by the Activity

    Four marine mammal species are known to occur within the proposed 
survey areas: ringed seal (Phoca hispida), bearded seal (Erignathus 
barbatus), spotted seal (Phoca largha), and polar bear (Ursus 
maritimus). None of these species are listed under the Endangered 
Species Act (ESA) as endangered or threatened species. Other marine 
mammal species that seasonally inhabit the Beaufort Sea, but are not 
anticipated to occur in the project area during the proposed on-ice 
activities, include bowhead whales (Balaena mysticetus) and beluga 
whales (Delphinapterus leucas). Veritas and SOI will seek a take 
Authorization from the U.S. Fish and Wildlife Service (USFWS) for the 
incidental taking of polar bears because USFWS has management authority 
for this species. A detailed description of 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. Additional 
information on the 3 pinniped species is presented below.

Ringed Seals

    Ringed seals are widely distributed throughout the Arctic basin, 
Hudson Bay and Strait, and the Bering and Baltic seas. Ringed seals 
inhabiting northern Alaska belong to the subspecies P. h. hispida, and 
they are year-round residents in the Beaufort Sea.
    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., 
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 indicate that ringed seals show 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 more than slight, and are small relative to the 
effects of natural environmental factors (Moulton et al., 2005; 
Williams et al., 2006).
    A reliable estimate for the entire Alaska stock of ringed seals is 
currently not available (Angliss and Outlaw, 2007). A minimum estimate 
for the eastern Chukchi and Beaufort Sea is 249,000 seals, including 
18,000 for the Beaufort Sea (Angliss and Outlaw, 2007). 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, 2007). Estimates could be as high as or approach 
the past estimates of 1 - 3.6 million ringed seals in the Alaska stock 
(Frost, 1985; Frost et al., 1988).
    Frost and Lowry (1999) reported an observed density of 0.61 ringed 
seals/km\2\ on the fast ice from aerial surveys conducted in spring 
1997 of an area overlapping the activity area, which is in the range of 
densities (0.28 - 0.66) reported for the Northstar development from 
1997 to 2001 (Moulton et al., 2001). This value (0.61) was adjusted to 
account for seals hauled out but not sighted by observers (x 1.22, 
based on Frost et al. (1988)) and seals not hauled out during the 
surveys (x 2.33, based on Kelly and Quakenbush (1990)) to obtain an 
density of 1.73 ringed seals/km\2\. This estimate covered an area from 
the coast to about 2 - 20 miles beyond the activity area; and it 
assumed that habitat conditions were uniform.

Bearded Seals

    The bearded seal has a circumpolar distribution in the Arctic, and 
it is found in the Bering, Chukchi, and Beaufort seas (Jefferson et 
al., 1993). Bearded seals are predominately benthic feeders, and prefer 
waters less than 200

[[Page 67716]]

m (656 ft) in depth. Bearded seals are generally associated with pack 
ice and only rarely use shorefast ice (Jefferson et al., 1993). Bearded 
seals occasionally have been observed maintaining breathing holes in 
annual ice and even hauling out from holes used by ringed seals 
(Mansfield, 1967; Stirling and Smith, 1977).
    Seasonal movements of bearded seals are directly related to the 
advance and retreat of sea ice and to water depth (Kelly, 1988). During 
winter they are most common in broken pack ice and in some areas also 
inhabit shorefast ice (Smith and Hammill, 1981). In Alaska waters, 
bearded seals are distributed over the continental shelf of the Bering, 
Chukchi, and Beaufort seas, but are more concentrated in the northern 
part of the Bering Sea from January to April (Burns, 1981). Recent 
spring surveys along the Alaskan coast indicate that bearded seals tend 
to prefer areas of between 70 and 90 percent sea ice coverage, and are 
typically more abundant greater than 20 nm (37 km) off shore, with the 
exception of high concentrations nearshore to the south of Kivalina in 
the Chukchi Sea (Bengtson et al., 2000; Simpkins et al., 2003). Since 
bearded seals are normally found in broken ice that is unstable for on-
ice seismic operation, bearded seals will be rarely encountered during 
seismic operations.
    There are no reliable population estimates for bearded seals in the 
Beaufort Sea or in the proposed project area (Angliss and Outlaw, 
2007). Aerial surveys conducted by MMS in fall 2000 and 2001 sighted a 
total of 46 bearded seals during survey flights conducted between 
September and October (Treacy, 2002a; 2002b). Bearded seal numbers are 
considerably higher in the Bering and Chukchi seas, particularly during 
winter and early spring. Early estimates of bearded seals in the Bering 
and Chukchi seas range from 250,000 to 300,000 (Popov, 1976; Burns, 
1981). Surveys flown from Shismaref to Barrow during May-June 1999 and 
2000 resulted in an average density of 0.07 seals/km\2\ and 0.14 seals/
km\2\, respectively, with consistently high densities along the coast 
of the south of Kivalina (Bengtson et al., 2005). These densities 
cannot be used to develop an abundance estimate because no correction 
factor is available.

Spotted Seals

    Spotted seals occur in the Beaufort, Chukchi, Bering, and Okhotsk 
seas, and south to the northern Yellow Sea and western Sea of Japan 
(Shaughnessy and Fay, 1977). Based on satellite tagging studies, 
spotted seals migrate south from the Chukchi Sea in October and pass 
through the Bering Strait in November and overwinter in the Bering Sea 
along the ice edge (Lowry et al., 1998). In summer, the majority of 
spotted seals are found in the Bering and Chukchi seas, but do range 
into the Beaufort Sea (Rugh et al., 1997; Lowry et al., 1998) from July 
until September. The seals are most commonly seen in bays, lagoons, and 
estuaries and are typically not associated with pack ice at this time 
of the year.
    A small number of spotted seal haul-outs are documented in the 
central Beaufort Sea near the deltas of the Colville and Sagavanirktok 
rivers (Johnson et al., 1999). Previous studies from 1996 to 2001 
indicate that few spotted seals (a few tens) utilize the central Alaska 
Beaufort Sea (Moulton and Lawson, 2002; Treacy, 2002a; 2002b). In 
total, there are probably no more than a few tens of spotted seals 
along the coast of central Alaska Beaufort Sea.
    A reliable abundance estimate for spotted seal is not currently 
available (Angliss and Outlaw, 2005), however, early estimates of the 
size of the world population of spotted seals was 335,000 to 450,000 
animals and the size of the Bering Sea population, including animals in 
Russian waters, was estimated to be 200,000 to 250,000 animals (Burns, 
1973). The total number of spotted seals in Alaskan waters is not known 
(Angliss and Outlaw, 2007), but the estimate is most likely between 
several thousand and several tens of thousands (Rugh et al., 1997). 
Using maximum counts at known haulouts from 1992 (4,135 seals), and a 
preliminary correction factor for missed seals developed by the Alaska 
Department of Fish and Game (Lowry et al., 1998), an abundance estimate 
of 59,214 was calculated for the Alaska stock (Angliss and Outlaw, 
2007).

Potential Effects on Marine Mammals and Their Habitat

    Incidental harassment to marine mammals could result from physical 
activities associated with on-ice seismic operations, which have the 
potential to disturb and temporarily displace some seals. For ringed 
seals, 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. 
Ringed 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 seismic activities, particularly since the 
seismic equipment does not remain in any specific area for a prolonged 
time. Given those considerations, combined with the small proportion of 
the population potentially disturbed by the proposed activity, impacts 
are expected to be negligible for the ringed, bearded, and spotted seal 
populations.
    The seismic surveys would only introduce acoustic energy into the 
water column and no objects would be released into the environment. In 
addition, the total footprint of the proposed seismic survey areas 
represent only a small fraction of the Beaufort Sea pinniped habitat. 
Sea-ice surface rehabilitation is often immediate, occurring during the 
first episode of snow and wind that follows passage of the equipment 
over the ice.

Number of Marine Mammals Expected to Be Taken

    NMFS estimates that up to 984 ringed seals (0.39 percent of 
estimated total Alaska population of 249,000) could be taken by Level B 
harassment due to Veritas' Smith Bay on-ice seismic survey, up to 477 
seals (0.19 percent of total population) by Veritas' Pt. Thomson on-ice 
seismic surveys, and up to 1,187 seals (0.47 percent of total 
population) by SOI's on-ice geographical program. The estimated take 
numbers are based on consideration of the number of ringed seals that 
might be disturbed within each of the proposed project areas, 
calculated from the adjusted ringed seal density of 1.73 seal per km\2\ 
(Kelly and Quakenbush, 1990).
    Due to the unavailability of reliable bearded and spotted seals 
densities within the proposed project area, NMFS is unable to estimate 
take numbers for these two species. However, it is expected much fewer 
bearded and spotted seals would subject to takes by Level B harassment 
since their occurrence is very low within the proposed project areas, 
especially during spring (Moulton and Lawson, 2002; Treacy, 2002a; 
2002b; Bengtson et al., 2005). Consequently, the levels of take of 
these two pinniped species by Level B harassment within the proposed 
project areas would represent only small fractions of the total 
population sizes of these species in Beaufort Sea.
    In addition, NMFS expects that the actual take by Level B 
harassment from the proposed on-ice seismic programs would be much 
lower than the estimates

[[Page 67717]]

due to the implementation of the proposed mitigation and monitoring 
measures discussed below. Therefore, NMFS believes that any potential 
impacts to ringed, bearded, and spotted seals to the proposed on-ice 
geophysical seismic program would be insignificant, and would be 
limited to distant and transient exposure.

Potential Effects on Subsistence

    The affected pinniped species are all taken by subsistence hunters 
of the Beaufort Sea villages. However, on-ice seismic operations in the 
activity areas are not expected to have an unmitigable adverse impact 
on availability of these stocks for taking for subsistence uses 
because:
    (1) Operations would end before the spring ice breakup, after which 
subsistence hunters harvest most of their seals; and
    (2) The areas where on-ice seismic operations would be conducted 
are small compared to the large Beaufort Sea subsistence hunting area 
associated with the extremely wide distribution of ringed seals.
    In addition, trained dogs will be used to locate ringed seal lairs 
before the onset of seismic activities. Subsistence advisors will be 
used as marine mammal observers during performance of the seismic 
program. During the seal pupping season, planned seismic line segments 
will be surveyed via the research biologists teamed with lair sniffing 
dogs; these teams will be accompanied by Inupiat subsistence hunters 
experienced in the area of the project.
    For the two proposed Veritas on-ice seismic projects, most of the 
anticipated program areas are within 3 - 4 miles (4.8 - 6.4 km) of the 
coast on the proposed surveys. The proposed on-ice seismic surveys are 
not thought to hinder subsistence harvest greatly during the timing of 
the programs. For the proposed Smith Bay project, Nuiqsut and Barrow 
are the closest communities to the area of the proposed activity; while 
for the proposed Pt. Thomson project, Kaktovik is the closest community 
to the area of the proposed activity. Veritas will consult with the 
potentially affected subsistence communities of Barrow, Nuiqsut, 
Kaktovik, and other stakeholder groups to develop a Plan of 
Cooperation. Veritas' joint venture partner on the North Slope is the 
Kuukpik Corporation.
    For the proposed SOI on-ice geophysical program, Plan of 
Cooperation meetings in the communities of Nuiqsut and Barrow are being 
held during October 2007. Additional following up meetings are 
tentatively scheduled for early winter 2008 in the affected communities 
to ensure that there will be no unmitigable impacts to subsistence use 
of marine mammal species/stocks resulting from the proposed on-ice 
geophysical program.

Mitigation and Monitoring

    The following mitigation and monitoring measures are proposed for 
the subject on-ice seismic surveys. All activities will be conducted as 
far as practicable from any observed ringed seal lair and no energy 
source will be placed over a seal lair.
    Trained seal lair sniffing dogs will be employed by Veritas and SOI 
for areas of sea ice beyond 3 m (9.8 ft) depth contour to locate seal 
structures under snow (subnivean) before the seismic program begins. 
The areas for the proposed projects will be surveys for the subnivean 
seal structures using trained dogs running together. Transects will be 
spaced 250 m (820 ft) apart and oriented 90o to the prevailing wind 
direction. The search tracks of the dogs will be recorded and marked. 
Subnivean structures will be probed by a steel rod to check if each is 
open (active), or frozen (abandoned). Structures will be categorized by 
size, structure and odor to ascertain whether the structure is a birth 
lair, resting lair, resting lair of rutting male seals, or a breathing 
hole. Any locations of seal structures will be marked and protected by 
a with 150 m (490 ft) exclusion distance from any existing routes and 
on-ice seismic activities. During active seismic vibrator source 
operations, the 150-m (490-ft) exclusion zone will be monitored for 
entry by any marine mammals.
    In addition, NMFS proposes to require applicants' vehicles to avoid 
any pressure ridges, ice ridges, and ice deformation areas where seal 
structures are likely to be present.

Reporting

    NMFS proposes to require annual reports that must be submitted to 
NMFS within 90 days of completing the year's activities.The reports 
would contain detail descriptions of any marine mammal, by species, 
number, age class, and sex if possible, that is sighted in the vicinity 
of the proposed project areas; description of the animal's observed 
behaviors and the activities occurring at the time.

Endangered Species Act (ESA)

    NMFS has determined that no species listed as threatened or 
endangered under the ESA will be affected by issuing the incidental 
harassment authorizations under section 101(a)(5)(D) of the MMPA to 
Veritas and SOI for these three proposed on-ice seismic survey 
projects.

National Environmental Policy Act (NEPA)

    The information provided in the Final Programmatic Environmental 
Assessment (EA) on the Arctic Ocean outer Continental Shelf Seismic 
Surveys - 2006 prepared by the MMS in June 2006 led NMFS to conclude 
that implementation of either the preferred alternative or other 
alternatives identified in the EA would not have a significant impact 
on the human environment. Therefore, an Environmental Impact Statement 
was not prepared. The proposed actions discussed in this document are 
not substantially different from the 2006 actions, and a reference 
search has indicated that no significant new scientific information or 
analyses have been developed in the past several years that would 
warrant new NEPA documentation.

Preliminary Conclusions

    In summary, the anticipated impact of the proposed on-ice seismic 
programs on the species or stocks of ringed, bearded, and spotted seals 
is expected to be negligible for the following reasons:
    (1) The proposed activities would only occur in a small area which 
supports a small proportion (approximately 1 percent) of the Alaska 
stock of ringed seals. The numbers of bearded and spotted seals within 
the proposed project area is expected to be even lower than that of 
ringed seals.
    (2) The following mitigation and monitoring procedures would be 
implemented: (a) using trained seal lair sniffing dogs to conduct pre-
operational surveys in areas of sea ice beyond 3 m (9.8 ft) and 
monitoring of ringed seal lairs and breathing holes within the proposed 
action areas; (b) conducting activities as far away from any observed 
seal structures as possible; (c) establishing exclusion zones with 150 
m (490 ft) from locations of seal structures; (d) vehicles to avoid any 
pressure ridges, ice ridges, and ice deformation areas where seal 
structures are likely to be present.
    NMFS believes the effects of the three on-ice seismic surveys by 
Veritas and SOI are expected to be limited to short-term and localized 
behavioral changes involving relatively small numbers of ringed seals, 
and may also potentially affect any bearded and spotted seals in the 
vicinity. Also, the potential effects of the proposed on-ice seismic 
survey projects during 2008 will not have an

[[Page 67718]]

unmitigable adverse impact on subsistence uses of these species.

Proposed Authorization

    NMFS proposes to issue two IHAs to Veritas and one IHA to SOI for 
conducting on-ice seismic surveys in the U.S. Beaufort Sea, provided 
the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated. NMFS has preliminarily determined that 
the proposed activities each would result in the harassment of small 
numbers of ringed seals, and potentially any bearded and spotted seals 
in the vicinity; would have no more than a negligible impact on the 
affected pinniped species and stocks; and would not have an unmitigable 
adverse impact on the availability of seals for subsistence uses.

    Dated: November 26, 2007.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-23255 Filed 11-29-07; 8:45 am]
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