[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34656-34658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14742]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA397
Taking and Importing Marine Mammals; Geological and Geophysical
Exploration of Mineral and Energy Resources on the Outer Continental
Shelf in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 34657]]
ACTION: Notice; receipt of revised application for Letters of
Authorization; request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a revised application from the U.S.
Department of the Interior (DOI), Bureau of Ocean Energy Management,
Regulation, and Enforcement (BOEMRE), formerly Minerals Management
Service (MMS), for authorization to take marine mammals, by Level A and
Level B harassment, incidental to oil and gas industry sponsored
seismic surveys for purposes of geological and geophysical (G&G)
exploration on the Outer Continental Shelf (OCS) in the Gulf of Mexico
(GOM) from approximately 2012 to 2017. Pursuant to Marine Mammal
Protection Act (MMPA) implementing regulations, NMFS is announcing
receipt of BOEMRE's request for the development and implementation of
regulations governing the incidental taking of marine mammals and
inviting information, suggestions, and comments on BOEMRE's revised
application.
DATES: Comments and information must be received no later than July 14,
2011.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation, and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing e-mail comments is [email protected]. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. 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.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may be viewed, by appointment, during regular business hours, at
the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-713-2289, ext. 172.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional, taking of small numbers of marine
mammals of a species or stock, 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 regulations are
issued, or if the taking is limited to harassment an Incidental
Harassment Authorization (IHA) is issued. Upon making a finding that an
application for incidental take is adequate and complete, NMFS
commences the incidental take authorization process by publishing in
the Federal Register a notice of a receipt of an application for the
implementation of regulations or a proposed IHA.
An authorization for the incidental taking of small numbers of
marine mammals shall be granted if NMFS finds that the taking during
the relevant period 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). The authorization must set forth the permissible methods of
taking, other means of effecting the least practicable adverse impact
on the species or stock(s) and its habitat, and requirements pertaining
to the monitoring and reporting of such takings.
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.''
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).''
Summary of Request
NMFS published a notice of receipt of application for an incidental
take authorization from MMS, requesting comments and information on
taking marine mammals incidental to conducting oil and gas exploration
activities in the GOM, on March 3, 2003 (68 FR 9991). NMFS published a
notice of extension of comment deadline on the application in the
Federal Register on April 3, 2003 (68 FR 16263). On November 18, 2004
(69 FR 67535), NMFS published a notice of intent to prepare an
Environmental Impact Statement, notice of public meetings, and request
for scoping comments, for the requested authorizations. On April 18,
2011, NMFS received a revised complete application from the BOEMRE
requesting an authorization for the take of marine mammals incidental
to seismic surveys on the OCS in the GOM. The requested regulations
would establish a framework for authorizing incidental take in future
Letters of Authorization (LOA). These LOAs, if approved, would
authorize the take, by Level A (injury) and Level B (behavioral)
harassment, of 21 species of cetaceans (20 odontocetes and 1 mysticete)
incidental to seismic surveys for purposes of G&G exploration on the
OCS in the GOM.
BOEMRE states that underwater noise associated with sound sources
(i.e., airguns, boomers, sparkers, and chirpers) may expose marine
mammals in the area to noise and pressure resulting in behavioral
disturbance or temporary or permanent loss of hearing sensitivity.
Specified Activities
In the revised application submitted to NMFS, BOEMRE requests
authorization to take marine mammals, by Level A and Level B
harassment, incidental to oil and gas industry sponsored seismic
surveys on the OCS in the GOM. BOEMRE defines two primary categories of
seismic surveys: (1) Deep seismic (e.g., two-dimensional [2D], three-
dimensional [3D], wide
[[Page 34658]]
azimuth surveys [WAZ]), and ocean bottom surveys [OBS], and (2) high
resolution surveys.
Deep Seismic Surveys
For 2D seismic surveys, a single streamer is towed behind the
survey vessel, together with a single source or airgun array. Seismic
vessels generally follow a systematic pattern during a survey,
typically a simple grid pattern for 2D work with lines no closer than
half a kilometer (km). A 2D survey may take many months depending on
the size of the geographic area.
A 3D survey uses multiple streamers and an airgun array(s), to
collect a very large number of 2D slices, with minimum line separations
of only 25 to 30 meters (m) (82 to 98.4 feet [ft]). A 3D survey may
take many months to complete (e.g., 3 to 18) and involves a precise
definition of the survey area and transects, including multiple passes
to cover a given survey area. For seismic surveys, 3D methods represent
a substantial improvement in resolution and useful information relative
to 2D methods. Most areas in the GOM previously surveyed using 2D have
been, or will be surveyed using 3D.
A typical 3D survey might employ a dual array of 18 airguns per
array. The streamer array might consist of six to eight parallel
cables, each 3 to 12 km (1.9 to 7.5 miles [mi]) long, and spaced 25 to
100 m (82 to 328.1 ft) apart. An eight streamer array used for deep
water surveys is typically 700 m (2,296.6 ft) wide. A series of 3D
surveys collected over time (commonly referred to as four-dimensional
[4D] seismic surveying) is used for reservoir monitoring and management
(i.e., the movement of oil, gas, and water in reservoirs can be
observed over time).
WAZ acquisition configurations involve multiple vessels operating
concurrently in a variety of source vessel to acquisition vessel
geometries. Several source vessels (usually two to four) are used in
coordination with single or dual receiver vessels either in a parallel
or rectangular arrangement with a typical 1,200 m (3,937 ft) vessel
spacing to maximize the azimuthal quality of data acquired. It is not
uncommon to have sources also deployed from the receiver vessels in
addition to source-only vessels. This improves the signal-to-noise
ratio and helps to better define the salt and sub-salt structures in
the deep waters of the GOM. Coiled (spiral) surveys are a further
refinement of the WAZ acquisition of sub-salt data. These surveys can
consist of a single source/receiver arrangement or a multi-vessel
operation with multi-sources where the vessels navigate in a coiled or
spiral pattern over the area of acquisition.
Deep seismic surveys (2D, 3D, or WAZ) are typically deeper
penetrating than high resolution surveys and may also be done on leased
blocks for more accurate identification of potential reservoirs in
``known'' fields. This technology can be used in developed areas to
identify bypassed hydrocarbon-bearing zones in currently producing
formations and new productive horizons near or below currently
producing formations. It can also be used in developed areas for
reservoir monitoring and field management.
OBS surveys were originally designed to enable seismic surveys in
congested areas, such as producing fields, with many platforms and
production facilities. Autonomous nodes or cables are deployed and
retrieved by either vessels or remotely operated vehicles (ROVs). Nodes
are becoming more commonly used in the GOM. OBS surveys have been found
to be useful for obtaining multi-component (i.e., seismic pressure,
vertical, and the two horizontal motions of the water bottom, or
seafloor) information.
OBS surveys require the use of multiple vessels (i.e., usually two
vessels for cable or node layout/pickup, one vessel for recording, one
vessel for shooting, and two utility vessels). These vessels are
generally smaller than those used in streamer operations, and the
utility vessels can be very small. Operations are conducted ``around
the clock'' and begin by dropping the cables off the back of the layout
vessel or by deployment of nodal receivers by ROVs. Cable length or the
numbers of nodes depend upon the survey demands; it is typically 4.2 km
(2.6 mi), but can be up to 12 km. However, depending on spacing and
survey size, hundreds of nodes can be deployed and re-deployed over the
span of the survey. Groups of seismic detectors, usually hydrophones
and vertical motion geophones, are attached to the cable in intervals
of 25 to 50 m (82 to 164 ft) or autonomous nodes are spaced similarly.
Multiple cables/nodes are laid parallel to each other using this layout
method with a 50 m interval between cables/nodes. Typically dual airgun
arrays are used on a single source vessel. When a cable/node is no
longer needed to record seismic data, it is picked up by the cable
pickup vessel/ROV and is moved over to the next position where it is
needed. A particular cable/node can be on the seafloor anywhere from
two hours to several days, depending upon operation conditions.
Normally a cable will be left in place about 24 hr. However, nodes may
remain in place until the survey is completed or recovered and then re-
deployed by an ROV.
High Resolution Surveys
High resolution site surveys are conducted to investigate the
shallow sub-surface for geohazards and soil conditions, as well as to
identify potential benthic biological communities (or habitats) and
archaeological resources in support of review and mitigation measures
for OCS exploration and development plans. A typical operation consists
of a vessel towing an airgun (about 25 m behind the vessel) and a 600 m
(1,968.5 ft) streamer cable with a tail buoy (about 700 m behind the
vessel). Typical surveys cover one lease block, which is 4.8 km (3 mi)
on a side. Including line turns, the time to survey one block is about
2 days; however, streamer and airgun deployment and other operations
may add to the total survey time. Additional information on seismic
surveys for purposes of G&G exploration on the OCS in the GOM is
contained in the application, which is available upon request (see
ADDRESSES).
Information Solicited
Interested persons may submit information, suggestions, and
comments related to BOEMRE's request (see ADDRESSES). All information,
suggestions, and comments related to BOEMRE's request and NMFS's
potential development and implementation of regulations governing the
incidental taking of marine mammals by the oil and gas industry's
seismic surveys will be considered by NMFS in developing, the most
effective regulations governing the issuance of Letters of
Authorization.
Dated: June 8, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-14742 Filed 6-13-11; 8:45 am]
BILLING CODE 3510-22-P