[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45428-45429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD416


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Seismic Surveys in Cook Inlet, 
Alaska

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from Apache Alaska Corporation 
(Apache) for authorization to take marine mammals incidental to oil and 
gas exploration seismic operations in Cook Inlet, AK, from March 2015 
through February 2020. Pursuant to the Marine Mammal Protection Act 
(MMPA) implementing regulations, NMFS is announcing our receipt of 
Apache's request for the development and implementation of regulations 
governing the incidental taking of marine mammals and inviting 
information, suggestions, and comments on Apache's application and 
request.

DATES: Comments and information must be received no later than 
September 4, 2014.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, 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.
    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 Apache's application may be obtained by 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:

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 small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specific geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to

[[Page 45429]]

harassment for no more than 1 year, a notice of a proposed 
authorization is provided to the public for review.
    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.''
    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

    On July 11, 2014, NMFS received a complete application from Apache 
requesting authorization for the take of six marine mammal species 
incidental to an oil and gas exploration seismic program in Cook Inlet, 
AK, over the course of 5 years, which would necessitate the 
promulgation of 5-year regulations. The purpose of the proposed project 
is to explore for and develop oil and gas resources in Cook Inlet. The 
following specific aspects of the activities are likely to result in 
the take of marine mammals: seismic airgun operations. Apache requests 
authorization to take six marine mammal species by Level B harassment 
only: beluga whale (Delphinapterus leucas); killer whale (Orcinus 
orca); harbor porpoise (Phocoena phocoena); gray whale (Eschrichtius 
robustus); harbor seal (Phoca vitulina richardsi); and Steller sea lion 
(Eumetopias jubatus). Injury or mortality is unlikely during the 
proposed seismic survey, and take by Level A harassment (including 
injury) or mortality is not requested in Apache's application.

Specified Activities

    In the application submitted to NMFS, Apache requests authorization 
to take marine mammals incidental to a seismic survey program in Cook 
Inlet, AK. Apache proposes to conduct seismic operations in both 
intertidal and offshore areas, utilizing two synchronized source 
vessels and nodal technology. Sections 2 and 3 of Apache's application 
(see ADDRESSES) describe the activities in detail, as well as the 
timing and location.
Information Solicited
    Interested persons may submit information, suggestions, and 
comments concerning Apache's request (see ADDRESSES). All information, 
suggestions, and comments related to Apache's request and NMFS' 
potential development and implementation of regulations governing the 
incidental taking of marine mammals by Apache's activities will be 
considered by NMFS in developing, if appropriate, the most effective 
regulations governing the issuance of letters of authorization.

    Dated: July 30, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-18444 Filed 8-4-14; 8:45 am]
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