[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Page 11492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB032


Notice of Availability of a Draft Environmental Assessment for 
the Issuance of Incidental Harassment Authorizations in the U.S. 
Beaufort and Chukchi Seas

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

ACTION: Notice of availability of a Draft Environmental Assessment; 
request for comments.

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SUMMARY: NMFS announces the availability of the ``Draft Environmental 
Assessment (DEA) for the Issuance of Incidental Harassment 
Authorizations for the Take of Marine Mammals by Harassment Incidental 
to Conducting Exploratory Drilling Programs in the U.S. Beaufort and 
Chukchi Seas.'' Publication of this notice begins the official public 
comment period for this DEA. The purpose of the DEA is to evaluate, in 
compliance with the National Environmental Policy Act (NEPA), the 
potential direct, indirect, and cumulative impacts of issuing 
Incidental Harassment Authorizations (IHAs) to Shell for the take of 
marine mammals incidental to offshore oil and gas exploratory drilling 
programs in the U.S. Beaufort and Chukchi Seas pursuant to the Marine 
Mammal Protection Act (MMPA).

DATES: Comments and information must be received no later than March 
28, 2012.

ADDRESSES: Comments on the DEA should be addressed to Michael Payne, 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. NMFS is not responsible for email 
comments sent to addresses other than the one provided here. Comments 
sent via email, including all attachments, must not exceed a 25-
megabyte file size.
    A copy of the DEA 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 also be viewed, by appointment, during regular business 
hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 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, 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.''
    In accordance with NEPA, the Council on Environmental Quality's 
implementing regulations, and NOAA Administrative Order 216-6, NMFS has 
prepared this DEA to evaluate the potential direct, indirect, and 
cumulative effects on the human environment that may result from the 
issuance of IHAs pursuant to section 101(a)(5)(D) of the MMPA to Shell 
Offshore Inc. and Shell Gulf of Mexico Inc. (collectively ``Shell'') 
for the take of marine mammals incidental to conducting offshore 
exploratory drilling programs in the U.S. Beaufort and Chukchi Seas. 
NMFS published Notices of Proposed IHAs on Shell's Beaufort and Chukchi 
Sea exploratory drilling programs for public comment on November 7, 
2011, and November 9, 2011, respectively (76 FR 68974 and 76 FR 69958), 
which contained analyses of the proposed specified activities on marine 
mammals, their habitats, and the availability of marine mammals for 
subsistence uses.
    NMFS requests comment on our analysis contained in the DEA 
regarding the potential effects of the proposed action of issuing IHAs 
for the specified activities on the human environment and any other 
aspects of the DEA. Please include, with your comments, any supporting 
data or literature citations to help inform our final decision on 
Shell's request for MMPA authorizations.

    Dated: February 21, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2012-4511 Filed 2-24-12; 8:45 am]
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