[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3347-3348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00997]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD067


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. 
Beaufort Sea

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

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to BP Exploration 
(Alaska) Inc. (BP) to take marine mammals, by harassment, incidental to 
operation of offshore oil and gas facilities in the U.S. Beaufort Sea, 
Alaska.

DATES: Effective from January 13, 2014, through January 14, 2019.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits 
and Conservation Division, Office of Protected Resources, NMFS, 1315 
East West Highway, Silver Spring, MD 20910, calling the contact listed 
under 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 above address.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
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 regulations are issued. Under the MMPA, the term ``take'' 
means to harass, hunt, capture, or kill or to attempt to harass, hunt, 
capture, or kill any marine mammal.
    Authorization for incidental takings may be granted for periods up 
to 5

[[Page 3348]]

years, after notification and opportunity for public comment, 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.''
    Regulations governing the take of six species of marine mammals, by 
Level B harassment, and the take of one species by Level A harassment, 
serious injury, or mortality incidental to operation of the Northstar 
development in the Beaufort Sea, Alaska, were issued on December 12, 
2013 (78 FR 75488). These regulations are effective from January 13, 
2014, through January 14, 2019 (78 FR 75488, December 12, 2013). The 
species which are authorized for taking by Level B harassment are: 
Bowhead, gray, and beluga whales and ringed, bearded, and spotted 
seals. BP is also authorized to take five individual ringed seals by 
injury or mortality annually over the course of the 5-year rule. For 
detailed information on this action, please refer to the final rule (78 
FR 75488, December 12, 2013). These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during operation and maintenance activities at the BP 
Northstar development facility.
    This LOA is effective from January 13, 2014, through January 14, 
2019, and authorizes the incidental take of the six marine mammal 
species listed above that may result from operations, including 
maintenance activities, at the BP Northstar development in the U.S. 
Beaufort Sea.
    Potential effects of BP's operation of the Norsthar development 
involve both acoustic and non-acoustic effects. Potential non-acoustic 
effects could result from the physical presence of personnel, 
structures and equipment, construction or maintenance activities, and 
the occurrence of oil spills. Ice road construction may also impact 
ringed seals. A major oil spill is unlikely. Potential acoustic effects 
could result from island construction, maintenance, and drilling, as 
well as vehicles operating on the ice, vessels, aircraft, generators, 
production machinery, gas flaring, and camp operations. Marine mammals 
may experience masking and behavioral disturbance.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation measures: (1) Surveying with specially-
trained dogs if any ice road or construction activities occur after 
March 1 in previously undisturbed areas in waters deeper than 10 ft (3 
m) in order to identify and avoid ringed seal structures by a minimum 
of 492 ft (150 m); (2) scheduling all non-essential boat, hovercraft, 
barge, and air traffic to avoid periods when whales (especially bowhead 
whales) are migrating through the area; (3) maintaining a minimum 
altitude of 1,000 ft (305 m) and specific corridor from Seal Island to 
the mainland for all helicopter flights, except when limited by weather 
or personnel safety or during takeoffs and landings; (4) establishing 
exclusion zones for cetaceans and pinnipeds of 180 and 190 dB re 1 
[mu]Pa (rms), respectively, when impact pile driving activities will 
occur; (5) shutting down impact pile driving activities if marine 
mammals enter the applicable exclusion zones; and (6) no new drilling 
into oil-bearing strata during either open-water or spring-time broken 
ice conditions. In addition to these mitigation measures, BP has an oil 
spill prevention and contingency plan in place, which was developed and 
approved by the Alaska Department of Environmental Conservation, U.S. 
Department of Transportation, U.S. Coast Guard, and the former Minerals 
Management Service. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate.
    Through this LOA, BP is required to monitor for marine mammals 
using both visual observers and passive acoustic monitoring systems. BP 
is required to submit an annual report to NMFS by June 1 of each year. 
The report will include data collected from the visual and acoustic 
monitoring program during the period of November 1 through October 31 
each year. Additional information on the mitigation, monitoring, and 
reporting requirements can be found in the final rule (78 FR 75488, 
December 12, 2013). BP is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.

    Dated: January 14, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-00997 Filed 1-17-14; 8:45 am]
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