[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6175-6177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2681]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU06


Notice of Intent to Prepare an Environmental Impact Statement on 
the Effects of Oil and Gas Activities in the Arctic Ocean

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

ACTION: Notice of Intent to prepare an Environmental Impact Statement; 
request for comments.

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

SUMMARY: The National Marine Fisheries Service (NMFS) announces its 
intent to prepare an Environmental Impact Statement (EIS) to analyze 
the environmental impacts of issuing Incidental Take Authorizations 
(ITAs) pursuant to the Marine Mammal Protection Act (MMPA) to the oil 
and gas industry for the taking of marine mammals incidental to 
offshore exploration activities (e.g., seismic surveys and exploratory 
drilling) in Federal and state waters of the U.S. Chukchi and Beaufort 
Seas off Alaska.

DATES: All comments, written statements, and questions regarding the 
scoping process and preparation of the EIS must be received no later 
than April 9, 2010.

ADDRESSES: Written comments and statements should be addressed to Mr. 
P. Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20190-3225. The mailbox address for providing e-mail 
comments is [email protected]. Comments sent via e-mail, 
including all attachments, must not exceed a 10-megabyte file size. 
Comments and statements may also be submitted via fax to (301) 713-
0376. Information on this project can also be found on the Protected 
Resources webpage at: http://www.nmfs.noaa.gov/pr/permits/eis/arctic.htm.

FOR FURTHER INFORMATION CONTACT: Michael Payne, Office of Protected 
Resources, NMFS, (301) 713-2289 ext. 110.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101 (a)(5)(A) and (D) of the MMPA (16 USC 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, a notice of proposed authorization is 
provided to the public for review. The term ``take'' under the MMPA 
means ``to harass, hunt, capture, kill or collect, or attempt to 
harass, hunt, capture, kill or collect.'' 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].''
    Authorization for incidental takings 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 (where 
relevant), 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.''

Summary of Previous National Environmental Policy Act (NEPA) Documents

    In 2006, the U.S. Minerals Management Service (MMS) prepared a 
Programmatic Environmental Assessment (PEA) for the 2006 Arctic Outer 
Continental Shelf (OCS) seismic surveys. NMFS was a cooperating agency 
and adopted the Final PEA on June 28, 2006. Under this PEA, NMFS issued 
Incidental Harassment Authorizations under Section 101(a)(5)(D) of the 
MMPA to oil and gas companies for the taking of marine mammals 
incidental to seismic surveys in 2006. This PEA analyzed the effects of 
four concurrent seismic surveys in the Beaufort Sea and four concurrent 
seismic surveys in the Chukchi Sea. At that time, NMFS indicated that 
increased activity and new available science would result in a need to 
prepare an EIS for future authorizations.
    On April 6, 2007, NMFS and MMS published a Notice of Availability 
for a Draft Programmatic EIS (DPEIS) and a schedule of public hearings 
(72 FR 17117) to assess the impacts of MMS' issuance of permits and 
authorizations under the Outer Continental Shelf Lands Act (OCSLA) for 
the conduct of seismic surveys in the Chukchi and Beaufort Seas off 
Alaska and NMFS' authorizations under the MMPA to incidentally harass 
marine mammals while conducting those surveys. The proposed scope and 
effects of the seismic survey activities analyzed in the DPEIS were 
based on the best available information at the time. Since then, new 
information (e.g., scientific study results, changes in projections of 
level of activity) has become available that alters the scope, range of 
possible alternatives, and analyses in the DPEIS. Therefore, MMS and 
NMFS filed a Notice of Withdrawal of the DPEIS on October 28, 2009 (74 
FR 55539) and announced our decision to begin a new NEPA process.

Objectives of the EIS

    This NOI announces NMFS' intent, as lead agency, to prepare a new 
EIS to analyze the potential effects of both geophysical surveys and 
exploratory drilling, address cumulative effects over a longer time 
frame, consider a more reasonable range of alternatives consistent with 
our statutory mandates, and reanalyze the range of practicable 
mitigation and monitoring measures for protecting marine mammals and 
availability of marine mammals for subsistence uses. MMS will be a 
cooperating agency on this EIS.
    Specifically, this EIS would:
    (1) Assess the environmental impacts to the physical, biological, 
cultural, economic, and social resources from deep-penetration, two-
dimensional (2D) and three-dimensional (3D) streamer and ocean bottom 
cable surveys (hereafter referred to as seismic surveys)

[[Page 6176]]

and shallow hazard and site clearance surveys;
    (2) Assess the environmental impacts to the physical, biological, 
cultural, economic, and social resources from open water offshore 
exploratory drilling operations during the open water season in order 
for the industry to drill priority exploration drill sites on MMS OCS 
leases in the Chukchi and Beaufort Seas. Also, as part of this EIS, 
NMFS will analyze the effects of obtaining geotechnical data for pre-
feasibility analyses of shallow sub-sea sediments as part of its 
proposed exploratory drilling operations; and
    (3) Assess whether alternatives developed would allow for the 
implementation of a long-term planning process pursuant to section 
101(a)(5)(A) of the MMPA through the development and implementation of 
regulations that would be in place for 5 year time periods.
    For the purposes of complying with NEPA and to achieve greater 
administrative efficiency in its ITA program, NMFS has determined the 
need to prepare an EIS that will analyze a range of oil and gas 
exploratory actions and that will satisfy the requirements of the 
Council on Environmental Quality's NEPA regulations and the NOAA NEPA 
administrative order 216-6. The proposed EIS would cover known and 
reasonably foreseeable projects requiring ITAs in the U.S. Arctic 
regions for future years, until such time that a revision of the 
document is necessary. NMFS has determined, based on the following 
factors, that an EIS would serve a more beneficial use in terms of 
agency decisionmaking and would allow greater public participation in 
future decisions related to ITAs for the oil and gas industry:
     NMFS and MMS have received preliminary information from 
industry that suggests an additional increase in seismic survey 
applications beyond recent levels;
     NMFS has received applications for exploratory drilling 
and expects more in the future, the effects of which were not analyzed 
in the withdrawn DPEIS;
     Understanding that both drilling and seismic activities 
could be expected to continue in the immediate years, both agencies 
determined that a longer timeframe needed to be analyzed in order to 
most effectively and fully evaluate the potential for cumulative 
impacts; and
     NMFS prepares environmental analyses under NEPA to support 
the issuance of ITAs under sections 101(a)(5)(A) and (D) of the MMPA. 
Therefore, this EIS will also be used to support future MMPA 
authorizations issued by NMFS for seismic and exploratory drilling 
activities in state and Federal waters in the U.S. Arctic Ocean in the 
Beaufort and Chukchi Seas.
    Finally, the environmental analysis will assist NMFS and MMS in 
carrying out other statutory responsibilities relating to the agencies' 
role in authorizing seismic survey and exploratory drilling activities 
or incidental take of marine mammals (e.g., assessing environmental 
impacts on listed species under the Endangered Species Act [Section 7 
consultation] and effects of the proposed action on essential fish 
habitat [EFH] under the Magnuson-Stevens Fishery Conservation and 
Management Act [EFH consultation]).

Overview of Proposed Activities

Seismic Activities

    This EIS would analyze effects of seismic activities during the 
open water season in the Beaufort and Chukchi Seas. Seismic surveys are 
conducted to obtain data on geological formations from the sediment 
near-surface to several thousand meters deep (below the sediment 
surface). This information enables industry to accurately assess 
potential hydrocarbon reservoirs, helps to optimally locate exploration 
and development wells, maximizing extraction and production from a 
reservoir, and to locate shallow geologic hazards. It also allows MMS 
to fulfill its statutory responsibilities to ensure safe operations, 
support environmental impact analyses, protect benthic resources 
through avoidance measures, and perform other statutory 
responsibilities.
    Seismic surveys are most often characterized by the type of data 
being collected. Seismic surveys may be described in very general terms 
by when the surveys occur (pre-lease, post-lease) because the timing 
can indicate the type of data likely to be collected. Surveys may be 
described by the acoustic sound source (air gun, water gun, sparker, 
pinger, etc.) or by the purpose for which the data is being collected 
(speculative shoot, exclusive shoot, site clearance).
    Each seismic vessel may be accompanied by other support vessels for 
provision re-supply and crew change. In addition, fixed-wing aircraft 
may be used for marine mammal surveillance over-flights.

Drilling Activities

    This EIS would also analyze effects of offshore exploratory 
drilling operations during the open water season in order that oil 
companies can drill exploration targets on their OCS leases in the 
Beaufort and Chukchi Seas. Also, as part of this EIS, NMFS would 
analyze the effects of obtaining geotechnical data for pre-feasibility 
analyses of shallow sub-sea sediments as part of its proposed 
exploratory drilling operations by drilling a series of boreholes, each 
up to 400 feet (122 m) in depth.
    Each drilling vessel is typically accompanied by up to two Arctic 
class ice management vessels which also serve duty as anchor tenders 
and other drill ship support tasks, as well as additional support 
vessels, oil spill response vessels, and aircraft. Additional support 
vessels will be used for provision re-supply and crew change. In 
addition, fixed-wing aircraft may be used for marine mammal 
surveillance over-flights, as well as for activities such as crew 
change and provision re-supply.

Scoping

    Publication of this notice begins the official scoping period that 
will help clarify previously identified issues of concern and determine 
the range and structure of alternatives to be considered in the EIS. 
NMFS invites comments and input from the public, organizations and 
interest groups, local governments, and Federal and state agencies on 
issues surrounding the proposal. The scoping period will end on April 
9, 2010; for consideration in the development of the EIS, all written 
statements and questions must be received by this date, via contact 
means identified above (see ADDRESSES).
    NMFS will consider all comments received during the scoping period. 
All hardcopy submissions must be unbound and suitable for copying and 
electronic scanning. Comments sent via e-mail, including all 
attachments, must not exceed a 10-megabyte file size. NMFS requests 
that you include in your comments:
    (1) Your name and address;
    (2) Whether or not you would like a copy of the Draft EIS; and
    (3) Any background documents to support your comments as you feel 
necessary.
    Instructions: All comments received are a part of the public 
record. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    This notice requests public participation in the scoping process, 
provides information on how to

[[Page 6177]]

participate, and identifies a set of preliminary alternatives to serve 
as a starting point for discussions. The public will have additional 
opportunities to comment on the Draft EIS and any applications received 
under the MMPA as part of this action. In particular, NMFS is 
soliciting information on:
    (1) Effects of oil and gas exploration on marine mammal behavior 
and use of habitat;
    (2) Effects of oil and gas exploration on availability of species 
for subsistence uses;
    (3) Available new science on the Arctic ecosystem; and
    (4) Available new technology for monitoring or obtaining seismic/
drilling data.
    The scoping comments will help inform NMFS' formulation of a range 
of reasonable alternatives considered in the EIS. The scope and 
structure of the alternatives evaluated will reflect the combined input 
from the public, industry, stakeholders, affected state and Federal 
agencies, and NMFS administrative and research offices. The range of 
reasonable alternatives that are analyzed in this EIS will be 
determined based on information gathered during scoping and will be 
consistent with the purpose and need of NMFS' and MMS' actions and with 
applicable law.
    Issues and concerns associated with oil and gas related activities 
in the Arctic marine environment have been documented by the scientific 
community, government publications, at scientific symposia, through the 
scoping and public hearings/comments, and other NEPA analyses. In 
addition, public testimony and traditional knowledge from Alaskan 
Natives have provided valuable information about the potential impacts 
to marine mammals and on subsistence hunting of such species from 
seismic surveying and drilling operations. Based on information from 
these sources, the following prominent issues and concerns on which 
NMFS is seeking public comments have been identified and will be 
included in an alternatives framework and analysis of effects:
     Protection of subsistence resources and Inupiat culture 
and way of life
     Disturbance to bowhead whale migration patterns
     Impacts of seismic operations on marine fish reproduction, 
growth, and development
     Harassment and potential harm of wildlife, including 
marine mammals and marine birds, by vessel operations, movements, and 
noise
     Impacts on water quality
     Changes in the socioeconomic environment
     Impacts to threatened and endangered species
     Impacts to marine mammals, including disturbance and 
changes in behavior
     Incorporation of traditional knowledge in the decision-
making process
     Effectiveness and feasibility of marine mammal monitoring 
and other mitigation and monitoring measures
    To provide a framework for public comments, the range of reasonable 
alternatives will include the Proposed Action and several other action 
alternatives, as well as a No Action alternative. The action 
alternatives analyzed will represent a range of levels of activities 
from unrestricted to no seismic or exploratory drilling and could 
address the following, although this list is not exhaustive:

Levels of Activity

     Number, scale/size, location, and duration of seismic 
activities
     Number, scale/size, location, and duration of drilling 
activities
     Number, scale/size, location, and duration of shallow 
hazard/site clearance activities
     Number, scale/size, location, and duration of associated 
support activities (vessel, aircraft, shore)
     The degree to which those activities can overlap in space 
and time

Mitigation

     Exclusion zones based on received levels of sounds;
     Exclusion zones based on presence of specific biological 
factors in combination with received levels of sound;
     Exclusion zones based on presence and timing of 
subsistence activities;
     Time/area closures for biological and subsistence reasons; 
and
     Limitations on certain combinations of activities in 
specific temporal/spatial circumstances.
    The EIS will assess the direct and indirect effects of the 
alternative approaches to authorizing oil and gas seismic surveys under 
the OCSLA and the taking of marine mammals incidental to seismic 
surveys and exploratory drilling activities under the MMPA. The EIS 
will assess the effects on the marine mammal species and availability 
of those species for subsistence uses, as well as other components of 
the marine ecosystem and human environment. The EIS will assess the 
contribution of these activities to the cumulative effects on these 
resources, including effects from past, present, and reasonably 
foreseeable future events and activities in the U.S. Arctic. Anyone 
having relevant information they believe NMFS should consider in its 
analysis should provide a description of that information along with 
complete citations for supporting documents.
    For additional information on the withdrawn MMS and NMFS 2007 
DPEIS, please visit the MMS website at: http://www.mms.gov/alaska/ref/EIS%20EA/draft_arctic_peis/draft_peis.htm.

Scoping Meetings Agenda

    Public scoping meetings will be held at the following locations in 
February and March, 2010: Anchorage, Barrow, Kaktovik, Kotzebue, 
Nuiqsut, Point Hope, Point Lay, and Wainwright. Public scoping meetings 
will be held at the following dates, times, and locations:
    (1) February 18, 2010, 6 - 8 p.m., Northwest Arctic Borough 
Assembly Chambers, Kotzebue, Alaska;
    (2) February 19, 2010, 5 - 7 p.m., Point Hope Community Center, 
Point Hope, Alaska; and
    (3) February 22, 2010, 7 - 9 p.m., Point Lay Community Center, 
Point Lay, Alaska.
    The final dates, times, and locations are not yet finalized for the 
public scoping meetings in Anchorage, Barrow, Kaktovik, Nuiqsut, and 
Wainwright; a supplement to this NOI will be published with the final 
meeting dates, times, and locations. Comments will be accepted at all 
public scoping meetings, as well as during the scoping period and can 
be submitted via the methods described earlier in this document (see 
ADDRESSES).

Special Accommodations

    These meetings are accessible to people with disabilities. Requests 
for sign language interpretation or auxiliary aids should be directed 
to Sheyna Wisdom by telephone at (907) 261-6705 or by email at [email protected] at least 7 days before the scheduled meeting date.

    Dated: February 2, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-2681 Filed 2-5-10; 8:45 am]
BILLING CODE 3510-22-S