[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Notices]
[Pages 29890-29907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11426]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-ES-2016-N036; FF07CAMM00-FX-FXFR133707REG04]


Marine Mammals; Incidental Take During Specified Activities; 
Proposed Incidental Harassment Authorization for Northern Sea Otters 
From the Southcentral Stock in Cook Inlet, Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application and proposed incidental 
harassment authorization; availability of draft environmental 
assessment; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in response 
to a request under the Marine Mammal Protection Act of 1972 (MMPA), as 
amended, from BlueCrest Alaska Operating LLC (BlueCrest), propose to 
authorize the incidental taking by harassment of small numbers of 
northern sea otters from the Southcentral stock in Cook Inlet, Alaska, 
from date of issuance--October 31, 2016. BlueCrest has requested this 
authorization for their planned oil and gas exploration activities. We 
anticipate no take by injury or death and include none in this proposed 
authorization, which would be for take by harassment only.

DATES: We will consider comments we receive on or before June 13, 2016.

ADDRESSES:
    Document availability: The incidental harassment authorization 
request, associated draft environmental assessment, and supporting 
documentation, such as Literature Cited, are available for viewing at 
http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
    Comments submission: You may submit comments on the proposed 
incidental harassment authorization and associated draft environmental 
assessment by one of the following methods:
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Kimberly Klein, U.S. Fish and Wildlife Service, MS 341, 1011 East 
Tudor Road, Anchorage, AK 99503;
     Fax: 907-786-3816, attention to Kimberly Klein; or
     Email comments to: [email protected].
    Please indicate to which document, the proposed incidental 
harassment authorization, or the draft environmental assessment, your

[[Page 29891]]

comments apply. We will post all hardcopy comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

FOR FURTHER INFORMATION CONTACT: To request copies of the application, 
the list of references used in the notice, and other supporting 
materials, contact Kimberly Klein, by mail at Marine Mammals 
Management, U.S. Fish and Wildlife Service, MS 341, 1011 East Tudor 
Road, Anchorage, AK 99503; by email at [email protected]; or by 
telephone at 1-800-362-5148.

SUPPLEMENTARY INFORMATION: In response to a request under section 
101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (MMPA), as 
amended, from BlueCrest, we propose to authorize the incidental taking 
by harassment of small numbers of northern sea otters from the 
Southcentral stock in Cook Inlet, Alaska, from date of issuance--
October 31, 2016. BlueCrest has requested this authorization for their 
planned oil and gas exploration activities. We anticipate no take by 
injury or death and include none in this proposed authorization, which 
would be for take by harassment only.

Executive Summary

Why We Need To Publish an Incidental Harassment Authorization

    In November 2015, the Service was petitioned by BlueCrest to 
provide authorization for the incidental take by harassment of northern 
sea otters (Enhydra lutris kenyoni) under the MMPA. This proposed 
authorization is an official document that announces and explains the 
Service's draft determination to issue an authorization and our plans 
to address any potential impacts of BlueCrest's plans to conduct an oil 
and gas production drilling program in lower Cook Inlet on State of 
Alaska Oil and Gas Lease 384403 under the program name of Cosmopolitan 
State during the open water season of 2016. The proposed authorization 
discusses the incidental taking by harassment of small numbers of 
northern sea otters from the Southcentral stock in Cook Inlet, Alaska, 
from date of issuance--October 31, 2016.

The Effect of This Authorization

    The MMPA allows, upon request, the incidental take of small numbers 
of marine mammals as part of a specified activity within a specified 
geographic region. In this case, the activity is related to oil and gas 
development. As part of this authorization, the Service may authorize 
incidental take to BlueCrest if we find that the taking would:
     Be of small numbers;
     Have no more than a ``negligible impact'' on northern sea 
otters; and
     Not have an ``unmitigable adverse impact'' on the 
availability of the species or stock for ``subsistence'' uses.
    The Service may stipulate the permissible methods of taking and 
require mitigation, monitoring, and reporting of such takings, which 
are meant to reduce or minimize negative impacts to the northern sea 
otters.

Request for Public Comments

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on this proposed authorization. We particularly 
seek comments concerning:
    (1) Will the proposed authorization including the proposed 
activities have a negligible impact on the Southcentral stock of the 
northern sea otter?
    (2) Will the proposed authorization ensure that an unmitigable 
adverse impact on the availability of northern sea otters for 
subsistence taking does not occur? and,
    (3) Are there any additional provisions we may wish to consider to 
ensure the conservation of the Southcentral stock of the northern sea 
otter?
    You may submit your comments and materials concerning this proposed 
authorization by one of the methods listed in the ADDRESSES section. We 
will not consider comments sent by email or fax, or to an address not 
listed in the ADDRESSES section.
    If you submit a comment via [email protected], your 
entire comment-- including any personal identifying information--may be 
available to the public. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Background

    Section 101(a)(5)(D) of the MMPA, as amended (16 U.S.C. 
1371(a)(5)(D)), authorizes the Secretary of the Interior to allow, upon 
request of a citizen, for periods of not more than 1 year and subject 
to such conditions as the Secretary may specify, the incidental but not 
intentional taking by harassment of small numbers of marine mammals of 
a species or population stock, by such citizens, while engaging in that 
activity within that region if the Secretary finds that such harassment 
during each period concerned:
    (1) Will have a negligible impact on such species or stock, and
    (2) Will not have an unmitigable adverse impact on the availability 
of such species or stock for taking for subsistence.
    As part of the authorization process, we prescribe permissible 
methods of taking, and other means of effecting the least practicable 
impact on the species or stock and its habitat, and requirements 
pertaining to the monitoring and reporting of such takings.
    The term ``take,'' as defined by the MMPA, means to harass, hunt, 
capture, or kill, or to attempt to harass, hunt, capture, or kill any 
marine mammal. Harassment, as defined by the MMPA, means ``any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (the MMPA calls this 
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 (the MMPA calls 
this Level B harassment).''
    The terms ``small numbers,'' ``negligible impact,'' and 
``unmitigable adverse impact'' are defined in 50 CFR 18.27, the 
Service's regulations governing take of small numbers of marine mammals 
incidental to specified activities. ``Small numbers'' is defined as ``a 
portion of a marine mammal species or stock whose taking would have a 
negligible impact on that species or stock.'' However, we do not rely 
on that definition here, as it conflates the terms ``small numbers'' 
and ``negligible impact,'' which we recognize as two separate and 
distinct requirements. Instead, in our small numbers determination, we 
evaluate whether the number of marine mammals likely to be taken is 
small relative to the size of the overall population. ``Negligible 
impact'' is defined 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.'' ``Unmitigable adverse 
impact'' is defined as ``an impact resulting from the specified 
activity (1) that is likely to reduce the availability of the species 
to a level insufficient for a harvest to meet subsistence needs by (i) 
causing the marine mammals to abandon or avoid

[[Page 29892]]

hunting areas, (ii) directly displacing subsistence users, or (iii) 
placing physical barriers between the marine mammals and the 
subsistence hunters; and (2) that cannot be sufficiently mitigated by 
other measures to increase the availability of marine mammals to allow 
subsistence needs to be met.''
    Section 101(a)(5)(D) of the MMPA establishes an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals where the take 
will be limited to harassment. Section 101(a)(5)(D)(iii) establishes a 
45-day time limit for Service review of an application, followed by a 
30-day public notice and comment period on any proposed authorizations 
for the incidental harassment of marine mammals. Within 45 days of the 
close of the comment period, we must either issue or deny issuance of 
the authorization. We refer to these authorizations as IHAs.
    The Service has issued IHAs for sea otters in the past, including 
the following:
    Northern sea otters: IHAs incidental to airport construction on 
Akun Island and hovercraft operation between Akun Island and Akutan, 
Alaska (August 27, 2008 (73 FR 50634); June 8, 2010 (75 FR 32497); and 
April 1, 2011 (76 FR 18232)); and an IHA to cover the incidental take 
of northern sea otters due to previous oil and gas exploration 
activities in Cook Inlet, Alaska (August 29, 2014 (79 FR 51584)). None 
of these IHAs remain in effect.
    Southern sea otters (E.l. nereis): IHAs incidental to construction 
activities associated with a tidal wetlands restoration project on the 
Elkhorn Slough National Estuarine Research Reserve in Monterey County, 
California (July 20, 2010 (75 FR 42121)), and incidental to the 
replacement of pier piles and the potable water line at U.S. Coast 
Guard Station Monterey in Monterey County, California (September 30, 
2014 (79 FR 58796)).

Summary of Request

    On November 12, 2015, the Service received a request from BlueCrest 
for the nonlethal taking, by harassment, of northern sea otters 
(hereafter ``otters'') from the Southcentral stock incidental to plans 
to conduct an oil and gas production drilling program in lower Cook 
Inlet on State of Alaska Oil and Gas Lease 384403 under the program 
name of Cosmopolitan State. The program includes drilling up to three 
wells with the total operation time of about 135 days. The exact timing 
of the project will be dependent upon rig availability, but will occur 
in the summer operating season between April 15 and October 31, 2016.
    In 2013, BlueCrest conducted exploratory oil and gas drilling at a 
well site in the lower Cook Inlet. Beginning in spring 2016, BlueCrest 
proposes to drill two more wells to tap these identified gas layers for 
production and a third well to collect geological information. The 
proposed BlueCrest drilling operations could harass local sea otters 
via its impulsive acoustics from the periods of conductor pipe driving 
(CPD) and vertical seismic profiling (VSP) activities. Harassment is a 
form of take as defined under the MMPA.
    BlueCrest is requesting incidental take authorization for Level B 
noise harassment (noise exceeding 160 decibels (dB, all dB levels given 
herein are re: 1 [micro]Pa RMS) associated with the oil and gas 
drilling activities. Actual Level B ``takes'' will depend upon the 
number of sea otters occurring within the 160 dB zone of influence 
(ZOI) at the time of seismic activity. BlueCrest does not believe any 
Level A injury ``takes'' (noise exceeding 190 dB) are expected with 
proposed mitigation measures in place.
    A complete copy of BlueCrest's request and supporting documents may 
be obtained as specified above in ADDRESSES.
    Prior to issuing an IHA in response to this request, the Service 
must evaluate the level of industrial activities described in the 
application, their associated potential impacts to sea otters, and 
their potential effects on the availability of this species for 
subsistence use. The information provided by the applicant indicates 
that oil and gas activities projected over the next year will encompass 
offshore exploration activities. The Service is tasked with analyzing 
the impact that lawful industrial activities will have on sea otters 
during normal operating procedures.

Description of the Specified Activities

    In 2013, BlueCrest, then in partnership with Buccaneer Energy, 
conducted exploratory oil and gas drilling at the Cosmopolitan State 
#A-1 well site (then called Cosmopolitan State #1). The well 
encountered multiple oil and gas zones, including gas zones capable of 
production in paying quantities. Beginning in spring 2016, BlueCrest 
proposes to drill two more wells (Cosmopolitan State #A-2 and #A-3) to 
tap these identified gas layers for production. These directionally 
drilled wells have top holes located a few meters from the original 
Cosmopolitan State #A-1, and together could feed to a future single 
offshore platform. Both #A-2 and #A-3 may involve test drilling into 
oil layers. A third well, #B-1, will be located approximately 1.7 
kilometer (km) (1 mile (mi)) southeast of the other three wells. This 
well will be drilled into oil formations to collect geological 
information. After testing, the oil horizons will be plugged and 
abandoned, while the gas zones will be suspended pending platform 
construction. Refer to Table 1 and Figure 1 for further location 
details.

                          Table 1--Locations of Proposed Cosmopolitan State Well Sites
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                                                                                                    Water depth
              Well name                         Latitude                      Longitude                 (m)
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Cosmopolitan State #A-1.............  N 59[deg]53'13.0''            W 151[deg]52'58.0''                     23.8
Cosmopolitan State #A-2.............  N 59[deg]53'13.1''            W 151[deg]52'58.1''                     23.8
Cosmopolitan State #A-3.............  N 59[deg]53'13.2''            W 151[deg]52'58.2''                     23.8
Cosmopolitan State #B-1.............  N 59[deg]52'12''              W 151[deg]52'17''                       20.7
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    Whenever practicable, BlueCrest will use existing infrastructure 
and resources found on the Kenai Peninsula and south-central Alaska. 
These resources include barge landings, private staging areas, 
airstrips, landfills, water supplies, heavy equipment, and personnel. 
Most on-shore activity will base from either Kenai or Homer.
    BlueCrest proposes to conduct its production and exploratory 
drilling using the Spartan 151 drill rig or similar rig (e.g., the 
Endeavour). The Spartan 151 is a 150 H class independent leg,

[[Page 29893]]

cantilevered jack-up drill rig with a drilling depth capability of 
7,620 meters (m) (25,000 feet (ft)), that can operate in maximum water 
depths up to 46 m (150 ft). To maintain safety and work efficiency, the 
exploratory drill rigs will be equipped with the following:
     A 5,000-, 10,000-, or 15,000-pounds per square inch (psi) 
blowout preventer (BOP) stack--for drilling in higher pressure 
formations found at greater depths in Cook Inlet;
     Sufficient variable deck load to accommodate the increased 
drilling loads and tubular for deeper drilling;
     Reduced draft characteristics to enable the rig to easily 
access shallow water locations;
     Riser tensioning system to adequately deal with the 
extreme tides/currents in up to 91-m (300-ft) water depth;
     Steel hull designed to withstand -10 degrees Celsius to 
eliminate the risk of steel failure during operations in Cook Inlet 
(i.e., built for North Sea arctic conditions); and
     Ability to cantilever over existing platforms for working 
on development wells or during plug and abandonment.
[GRAPHIC] [TIFF OMITTED] TN13MY16.003

    The Spartan 151 is likely to be moored at Port Graham over the 
winter of 2015-2016 where it will undergo maintenance and 
winterization. BlueCrest proposes to move the drill rig to the 
Cosmopolitan State #B-1 well site at some point after April 15, 2016. 
The tow would likely be accomplished within a 48-hour (hr) period. Any 
subsequent move will be controlled by the owner of the drilling rig. 
The rig will be towed between locations by ocean-going tugs that are 
licensed to operate in Cook Inlet and will be conducted in accordance 
with State and Federal regulations. Rig moves will be conducted in a 
manner to minimize any potential risk regarding safety as well as 
cultural or environmental impact.
    While under tow to the Cosmopolitan well sites, rig operations will 
be monitored by BlueCrest and the drilling contractor management. Very 
high frequency radio, satellite, and cellular phone communication 
systems will be used while the rig is under tow. Helicopter transport 
will also be available. A certified marine surveyor will be monitoring 
during rig moves.
    The rig will be stocked with most of the drilling supplies required 
to complete a full summer program. Deliveries of remaining items, 
including crew transfers, will be performed by support vessels and 
helicopters.
    BlueCrest proposes to use helicopters for project operations. This 
may include transportation for personnel, groceries, and supplies. 
Helicopter support will

[[Page 29894]]

consist of a twin-turbine Bell 212 (or equivalent) helicopter certified 
for instrument flight rules for land and over-water operations. 
Helicopter crews and support personnel will be housed in existing Kenai 
area facilities. The helicopter will be based at the Kenai Airport and/
or Homer Airport to support rig crew changes and cargo handling. No 
helicopter refueling will take place on the rig.
    Helicopter flights to and from the rig are expected to average two 
per day. Flight routes will follow a direct route to and from the rig 
location, and flight heights will be maintained 300 to 450 m (1,000 to 
1,500 ft) above ground level to avoid acoustical harassment of marine 
mammals (Richardson et al. 1995). The aircraft will be dedicated to the 
drilling operation and will be available for service 24 hr/day. A 
replacement aircraft will be available when major maintenance items are 
scheduled.
    Major supplies will be staged on-shore at Kenai. Required supplies 
and equipment will be moved from the staging area by contracted supply 
vessels and loaded aboard the rig when the rig is established on a 
drilling location and will include fuel, drilling water, mud materials, 
cement, casing, and well service equipment. Supply vessels will be 
outfitted with fire-fighting systems as part of fire prevention and 
control as required by Cook Inlet Spill Prevention and Response, Inc. 
(CISPRI).
    Rig equipment will use diesel fuel or electricity from generators. 
Personnel associated with fuel delivery, transfer, and handling will be 
knowledgeable of Best Management Practices (BMP) of Industry 
(Collectively, the entities, personnel, and companies involved in the 
following activities: Oil and gas exploration, development, and 
production; oil and gas support services; and associated activities 
such as research). BMPs are related to fuel transfer and handling, drum 
labeling, secondary containment guidelines, and the use of liners/drip 
trays.
    When planned and permitted operations are completed, the well will 
be suspended according to Alaska Oil and Gas Conservation Commission 
regulations. Drilling wastes include drilling fluids, known as mud, 
rock cuttings, and formation waters and will be discharged to the Cook 
Inlet under an approved Alaska Pollution Discharge Elimination System 
(APDES) general permit or sent to an approved waste disposal facility. 
Drilling wastes (hydrocarbon) will be delivered to an onshore permitted 
location for disposal. BlueCrest will follow BMPs and all stipulations 
of the applicable permits for this activity. Fluids and cutting 
management does not produce any noise signature to the marine 
environment that is not already included in other activities provided 
herein.
    The project components with a potential for harassment of marine 
mammals include:
    1. Towing of the jack-up drill rig to and between the Cosmopolitan 
well sites;
    2. Impact hammering of the drive pipe at the well prior to 
drilling; and
    3. The VSP operations that may occur at the completion of drilling.
    For these activities the primary impact of concern is the effect 
the noise generated by these operations could have on local marine 
mammals. Underwater noise associated with drilling and rig operation 
has already been determined by the National Marine Fisheries Service 
(NMFS) of the National Oceanic and Atmospheric Administration (NOAA) 
and the Service in prior consultations to have little effect on marine 
mammals (based on Marine Acoustics, Inc.'s (2011) acoustical testing of 
the Spartan 151 while drilling), thus is not addressed further in this 
petition. Helicopters will be used to transport personnel on and off 
the drill rig, but any noise-related impacts to sea otters will be 
avoided by maintaining 300- to 450-m (1,000- to 1,500-ft) flight 
altitudes. The Service has determined that Level B disturbance 
harassment of sea otters can occur when the animals are exposed to 
underwater noise exceeding 160 dB, regardless of whether the noise is 
continuous or impulsive. Towing, CPD, and VSP are the only planned 
operations expected to produce underwater noise exceeding 160 dB, and 
are the subjects of this petition.
    Rig Tow--The jack-up rig would be towed to the first well site (#B-
1) during early spring or summer 2016. It is estimated that the tow 
will take about 48 hours to complete. Tows lasting less than a day will 
also occur between well sites. Tugs generate their loudest sounds while 
towing due to the propeller cavitations. These continuous sounds have 
been measured at up to 171 dB at 1-m source (Richardson et al. 1995), 
and they are generally emitted at dominant frequencies of well less 
than 5 kilohertz (kHz) (Miles et al. 1987, Richardson et al. 1995, 
Simmonds et al. 2004). Since it is currently unknown which tugs will be 
used to tow the rig on each tow (to and from the well site), and there 
are few sound signatures for tugs in general, it is assumed that noise 
exceeding 160 dB extends 253 m (830 ft) from the operating tugs (based 
on a 171 dB source). The tug's cavitating propellers do not exceed 190 
dB at 1-m source, thus they do not represent a Level A injury take 
concern.
    Drive Pipe Placement--A drive pipe is a relatively short, large-
diameter pipe driven into the sediment prior to the drilling of oil 
wells. Drive pipes are usually installed using pile-driving techniques. 
BlueCrest proposes to drive approximately 60 m (200 ft below mudline) 
of 76.2-cm (30-in) pipe at each well site prior to drilling using a 
Delmar D62-22 impact hammer. This hammer has impact weight of 6,200 
kilograms (kg) (13,640 pounds (lb)) and reaches a maximum impact energy 
of 224 kilonewton-m (165,215 ft-lb) at a drop height of 3.6 m (12 ft). 
Illingworth & Rodkin (2014) measured the noise from a hammer operating 
from the Endeavour in 2013 and found noise levels exceeding 160 dB out 
to 1.63 km (1 mi; disturbance zone), 180 dB to 170 m (560 ft; cetacean 
injury zone), and 190 dB to 55 m (180 ft; pinniped injury zone). The 
drive pipe driving event is expected to last 1 to 3 days at each well 
site (12 days maximum), although actual noise generation (pounding) 
would occur only intermittently during this period.
    Vertical Seismic Profiling--Data on geological strata depth 
collected during initial seismic surveys at the surface can only be 
inferred. However, once a well is drilled, accurate followup seismic 
data can be collected by placing a receiver at known depths in the 
borehole and shooting a seismic airgun at the surface near the 
borehole. This data provides not only high-resolution images of the 
geological layers penetrated by the borehole, but can be used to 
accurately correlate (or correct) these original surface seismic data. 
The procedure is known as VSP. BlueCrest proposes to conduct VSP 
operations at the end of drilling each well using an array of airguns 
with total volumes of between 600 and 880 cubic inches (in\3\). The 
actual size of the airgun array will not be determined until the final 
well depth is known. The VSP operation is expected to last less than 2 
days at each well site. Illingworth & Rodkin (2014) measured noise 
levels associated with VSP (using a 750 in\3\ airgun array) conducted 
at Cosmopolitan State #A-1 in 2013. The results indicated that the 190 
dB radius (Level A take threshold for pinnipeds) from source was 120 m 
(394 ft), and the 160 dB radius (Level B disturbance take threshold) 
was 2.47 km (1.54 mi).

[[Page 29895]]

Dates and Duration of Proposed Activity and Specific Geographical 
Region

    The request for incidental harassment authorization is for the 2016 
drilling season at BlueCrest's Cosmopolitan State unit in lower Cook 
Inlet. Exploratory drilling will be conducted within a 165-day 
operating timeframe and completed by October 31, 2016. It is expected 
that the program will take 135 days to complete.

Distribution, Abundance, and Use of Sea Otters in the Area of Specified 
Activity

    Based on the proposed activity area, this IHA addresses potential 
impacts of BlueCrest's exploration activities on the portion of the 
Southcentral Alaska stock of the northern sea otter that inhabits the 
eastern shoreline of lower Cook Inlet. The Southcentral stock is 
classified as ``non-strategic'' because the level of direct human-
caused mortality does not exceed the Potential Biological Removal 
(PBR), and it is neither listed as ``depleted'' under MMPA, nor as 
``threatened'' or ``endangered'' under the Endangered Species Act of 
1973, as amended (ESA).
    Sea otter populations found along the western shoreline of lower 
Cook Inlet, including Kamishak Bay, are part of the Southwest Alaska 
stock, which is listed as threatened under the ESA, but it is assumed 
that no Southwest Alaska stock sea otters will be impacted by the 
proposed project and are thus not analyzed as part of this IHA.
    Based on the Service's 2014 Stock Assessment Report, the estimated 
abundance of the Southcentral sea otter stock (stock being analyzed as 
part of this IHA) is approximately 18,000 sea otters (USFWS 2014a). 
Aerial surveys in Kachemak Bay in 2002, 2007, and 2008, indicated that 
the sea otter population is increasing. The rate of increase for the 
Cook Inlet portion of the population is unknown because surveys have 
not been repeated; however, it is assumed to be similar to that in 
Kachemak Bay between 2002 and 2014. The 2002 estimate of sea otter 
population size for Cook Inlet was, therefore, adjusted to allow for 
population growth at the same rate as Kachemak Bay, which predicted an 
annual population growth of 495 animals and an estimated population 
size of 6,904 animals for Cook Inlet (USFWS 2014b). The relative 
abundance of otters in Cook Inlet is highest in the southern end of 
lower Cook Inlet in Kachemak and Kamishak bays. Upper Cook Inlet does 
not offer suitable habitat and is virtually devoid of sea otters. The 
northern portion of lower Cook Inlet, including the project area, is 
likely to have lower density of sea otters than Kachemak and Kamishak 
bays, but may have periods of high seasonal use.
    There are no published sea otter estimates for the specified 
project area. Surveys suggest for most of the year, few sea otters 
inhabit waters north of Anchor Point (Rugh et al. 2005; Larned 2006; 
Gill et al. 2009; Doroff and Badajos 2010). Gill et al. (2009) did not 
survey north of Anchor Point, but did find rafts of dozens of sea 
otters along their transect line closest to Anchor Point during August, 
but not during May or February. Doroff and Badajos (2010) tracked 44 
radio-tagged sea otters for 3 years, and did not locate any sea otters 
outside of Kachemak Bay other than a male that was subsistence 
harvested by a Ninilchik villager (although the exact location of 
harvest is unknown). During June surveys for beluga whales conducted 
between 1993 and 2004, Rugh et al. (2005) recorded 2,111 sea otters in 
lower Cook Inlet, but virtually none north of Anchor Point (even though 
the length of the Kenai Peninsula was surveyed each year).
    Recent (2013) marine mammal monitoring (for the Cosmopolitan State 
exploratory drilling program) conducted 5 km (3 mi) offshore of Cape 
Starichkof revealed that during August, up to 481 sea otters (median of 
72 sea otters) were found riding the tides between Anchor Point and 
some point well north of Cape Starichkof (Owl Ridge 2014). It is likely 
that this late summer phenomenon is a result of seasonal weather 
conditions that allow sea otters to safely ride the daily tides to 
foraging grounds outside Kachemak Bay. Since none of the previous 
surveys were conducted during the fall, it is unknown how late into 
fall large numbers of sea otters are found north of Anchor Point. 
Doroff and Badajos (2010) could not locate 10 of the radio-tagged sea 
otters in August 2009 but these were subsequently found in September 
2009. It is possible that these sea otters had moved north of Anchor 
Point (outside the study area) during August, only to return to 
Kachemak Bay in September.
    Thus, the primary concern with sea otters is where planned 
exploration activities and support activities might overlap with 
seasonal sea otter use north of Anchor Point in August. Sea otter use 
past October 31 is not relevant to this IHA as the activities will not 
be taking place. Survey activities will be conducted in the intertidal 
areas when those areas contain residual water (i.e., slack tide), and 
thus the Service has determined that the onshore and intertidal 
portions of BlueCrest's proposed activities will not likely interact 
with, or impact, northern sea otters. Therefore, those seismic 
activities and related operations are not addressed in this IHA. Sea 
otters may be found within all water depths and distances from shore in 
the proposed project areas. During Kenai Peninsula and Lower Cook Inlet 
sea otter aerial surveys, Bodkin et al. (2003) found that sea otters 
predominantly use the nearshore areas (>= 40 m; 131.2 ft) due to 
increased foraging opportunities (Riedman and Estes 1990; Schneider 
1976).
    Biological information for the Southcentral stock of northern sea 
otters can be found in the Service's Stock Assessment Report for the 
Southcentral Stock of Northern Sea Otters (Service 2014) (http://www.fws.gov/alaska/fisheries/mmm/seaotters/reports.htm).

Potential Impacts of the Activities on Sea Otters

    Understanding the effects of sound from oil and gas exploration on 
sea otters is important for the health of sea otters and the 
development of parameters by which sea otter takes can be established 
and monitored. The proposed actions from BlueCrest have the potential 
to disturb sea otters, particularly in protected waters in nearshore 
habitats, which are used for resting, pup rearing, and foraging.
    The proposed BlueCrest drilling operations that could impact local 
sea otters are impulsive acoustical harassment from the brief periods 
of CPD and VSP activities. Disruptions are not likely to be significant 
enough to rise to the level of a take unless the sound source displaces 
a sea otter from an important feeding or breeding area for a prolonged 
period, and this project is unlikely to do so. The continuous 
underwater noise generated by BlueCrest's proposed drilling operations 
would expose diving sea otters for only a couple of minutes at most.
    The airborne sound sources include rig towing, noise generated from 
routine rig activities, and periodic air traffic. Routine boat traffic 
noise produced by all operators will also generate airborne sound. The 
Service believes that airborne sound sources will not exceed 160 dB 
(Level B harassment) and will not affect sea otters (Richardson 1995). 
Adherence to specified operating conditions for vessels and aircraft 
will ensure that these airborne sound sources do not take sea otters.
    When disturbed by noise, sea otters may respond behaviorally (e.g., 
escape response) or physiologically (e.g., increased heart rate, 
hormonal response) (Harms et al. 1997; Tempel and Gutierrez 2003). 
Either response results

[[Page 29896]]

in a diversion from one biological activity to another. That diversion 
may cause stress (Goudie and Jones 2004), and it redirects energy away 
from fitness-enhancing activities such as feeding and mating (Frid and 
Dill 2002). Other changes in activities as a result of anthropogenic 
noise can include increased alertness, vigilance, agonistic behavior, 
escape behavior, temporary or permanent abandonment of an area, 
weakened reflexes, and lowered learning responses (van Polanen Petel et 
al. 2006). Chronic stress can lead to loss of immune function, 
decreased body weight, impaired reproductive function, and abnormal 
thyroid function.
    Despite the importance of understanding the effects of sound on sea 
otters, very few controlled experiments or field observations have been 
conducted to address this topic. Those studies that have been conducted 
conclude that sea otters are generally quite resistant to the effects 
of sound, and that change to presence, distribution, or behavior 
resulting from acoustic stimuli is rare (Ghoul et al. 2012a and b; 
Reichmuth and Ghoul 2012; Riedman 1984). Additionally, when sea otters 
have displayed behavioral disturbance to acoustic stimuli, they quickly 
become habituated and resume normal activity (Ghoul et al. 2012b).
    The primary potential impact of the proposed BlueCrest drilling 
operations to local sea otters is from rig towing, noise generated from 
routine rig activities, periodic air traffic, and impulsive acoustical 
harassment from the brief periods of conductor pipe driving and VSP 
activities. Although the number of individual sea otters that might be 
exposed to harassment level noise represents a small portion of the 
total estimated stock population, what is known about the sea otter's 
behavioral responses to noise stimuli is addressed below. Disruptions 
are not likely to be significant enough to rise to the level of a take 
unless the sound source displaces a marine mammal from an important 
feeding or breeding area for a prolonged period, and this project is 
unlikely to do so.

Disturbance From Vessel Traffic and General Operations

    Sea otters generally show a high degree of tolerance and 
habituation to shoreline activities and vessel traffic, but disturbance 
may cause animals to disperse from the local area. Populations of sea 
otters in Alaska have been known to avoid areas with heavy boat traffic 
but return to those same areas during seasons with less traffic 
(Garshelis and Garshelis 1984). Sea otters in Alaska have shown signs 
of disturbance (escape behaviors) in response to the presence and 
approach of survey vessels, including: Diving and/or actively swimming 
away from a boat; hauled-out sea otters entering the water; and groups 
of sea otters disbanding and swimming in multiple different directions 
(Udevitz et al. 1995). However, sea otters off the California coast 
showed only mild interest in boats passing within hundreds of meters, 
and sea otters in California appear to have habituated to boat traffic 
(Riedman 1983; Curland 1997). Their behavior is suggestive of a dynamic 
response to disturbance, abandoning areas when disturbed persistently 
and returning when the disturbance ceased. From the above research it 
is likely that some degree of disturbance from vessel traffic 
associated with the proposed actions will occur. Sea otters reacting to 
vessels they encounter may consume energy and divert time and attention 
from biologically important behaviors, such as feeding. However, these 
disturbances are expected to be short term in duration, and this 
potential short-term displacement is not anticipated to affect the 
overall fitness of any individual animal. We also anticipate that 
individual sea otters will habituate to the presence of project vessels 
and associated noise. Boat traffic, commercial and recreational, is 
constant in Cook Inlet. Some sea otters in the area of activity are 
likely to become habituated to vessel traffic and noise caused by 
vessels due to the existing continual traffic in the area. The 
additional vessel activity that will occur related to these three 
projects is not expected to substantially increase vessel noise or 
activity in the action area above that which is already occurring.
    Sea otter collisions with vessels associated with the proposed 
project are unlikely. Tugs and barges are slow moving and pose little 
risk of colliding with sea otters. No fast boat use is proposed, and it 
is unlikely that housing and crew transfer vessels will impact sea 
otters. Vessels proposed for use to transfer housing and crew can 
produce noises exceeding 190 dB when traveling at higher speeds. 
However, the influence of this sound is limited to a distance of 2 to 4 
m (6.6 to 13.1 ft) from the vessel. Adherence to operating conditions 
will ensure that these vessels do not take sea otters.

Disturbance From Noise

    Effects of noise on marine mammals are highly variable and can be 
categorized as: Tolerance; masking of natural sounds; behavioral 
disturbance; temporary or permanent hearing impairment; and non-
auditory effects, such as female-pup separations (Richardson et al. 
1995). Whether a specific noise source will cause harm and/or 
disturbance to a sea otter depends on several factors, including the 
distance between the animal and the sound source, the sound intensity, 
background noise levels, the noise frequency (cycles per second; hertz 
(Hz) or kHz), noise duration, whether the noise is pulsed or 
continuous, and whether the noise source originates in the aquatic or 
terrestrial environment. For sea otters, behavioral reactions may be 
shown, such as changing durations of surfacing and dives; changing 
direction and/or speed; reduced/increased vocal activities; changing/
cessation of socializing or feeding; visible startle response; 
avoidance of areas where noise sources are located; and/or flight 
response (e.g., sea otters flushing into water from haul-outs). The 
consequences of behavioral modification have the potential to be 
biologically significant if the change affects growth, survival, and 
reproduction.
    Information regarding the northern sea otter's hearing abilities is 
limited; however, the closely related southern sea otter has some 
information showing this subspecies' range of hearing. Reichmuth and 
Ghoul (2012) tested the aerial (from airborne sound sources) hearing 
capabilities of one male southern sea otter believed to have typical 
hearing. The study revealed an upper frequency hearing limit extending 
to at least 32 kHz and a low-frequency limit below 0.125 kHz. These 
results are generally consistent with comparable data for other 
carnivores, including terrestrial mustelids. This range is also similar 
to that of harbor seals (Phoca vitulina; Pinnipedia) (0.075 to 30 kHz) 
(Kastak and Schusterman 1998; Hemil[auml] et al. 2006; Southall et al. 
2007), which suggests pinnipeds may be a good proxy for sea otters.
    Additionally, sea otters and harbor seals both exhibit amphibious 
hearing and spend a considerable amount of time above water, where they 
are not disturbed by airborne sound sources; southern sea otters spend 
about 80 percent of their time at the sea surface, whereas harbor seals 
may spend up to 60 percent of their time hauled out of the water (Frost 
et al. 2001).
    Riedman (1983) examined changes in the behavior, density, and 
distribution of southern sea otters at Soberanes Point, California, 
that were exposed to recorded noises associated with oil and gas 
activity. The underwater sound sources were played at a level of 110 dB

[[Page 29897]]

and a frequency range of 50-20,000 Hz and included production platform 
activity, drillship, helicopter, and semi-submersible sounds. Riedman 
(1983) also observed the sea otters during seismic airgun shots fired 
at decreasing distances from the nearshore environment (50, 20, 8, 3.8, 
3, 1, and 0.5 nautical miles) at a firing rate of 4 shots per minute 
and a maximum air volume of 4,070 cubic inches. Riedman (1983) observed 
no changes in the presence, density, or behavior of sea otters as a 
result of underwater sounds from recordings or airguns, even at the 
closest distance of 0.5 nautical miles (<1 km). Sea otters did, 
however, display slight reactions to airborne engine noise. Riedman 
(1983) concluded that seismic activities had no measurable effect on 
sea otter behavior. The experiment was repeated the following year 
(Riedman 1984) with the same results.
    In another controlled study using prerecorded sounds, Davis et al. 
(1988) exposed both northern sea otters in Simpson Bay, Alaska, and 
southern sea otters in Morro Bay, California, to a variety of aerial 
(airborne) and underwater sounds, including a warble tone, sea otter 
pup calls, killer whale calls, airhorns, and an underwater acoustic 
harassment system designed to drive marine mammals away from crude oil 
spills. The sounds were projected at a variety of frequencies, decibel 
levels, and intervals. The authors noted that certain acoustic stimuli 
could cause a startle response and result in dispersal. However, the 
disturbance effects were limited in range (no responses were observed 
for sea otters approximately 100-200 m (328-656 ft) from the source of 
the stimuli), and habituation to the stimuli was generally very quick 
(within hours or, at most, 3-4 days).
    Previous work suggests that sea otters may be less responsive to 
marine seismic pulses than some other marine mammals. Riedman (1983, 
1984) monitored the behavior of sea otters along the California coast 
while they were exposed to a single 100-in\3\ airgun and a 4,089-in\3\ 
airgun array. No disturbance reactions were evident when the airgun 
array was as close as 0.9 km. Sea otters also did not respond 
noticeably to the single airgun. Sea otters spend a great deal of time 
at the surface feeding and grooming (Riedman 1983, 1984; Wolt et al. 
2012). While at the surface, the potential noise exposure of sea otters 
would be much reduced by pressure-release and interference (Lloyd's 
mirror) effects at the surface (Greene and Richardson 1988; Richardson 
et al. 1995). Finally, the average dive time of a northern sea otter 
has been measured at only 85 sec (Bodkin et al. 2004) to 149 sec (Wolt 
et al. 2007), thereby limiting exposure during active seismic 
operations. It remains unclear whether seismic generated sound levels 
even rise to the level of take at distances beyond 0.9 km, given the 
animal's poor underwater hearing ability and surface behavior.
    Noise thresholds have been developed by NMFS to measure injury for 
pinnipeds (i.e., on temporary threshold shift (TTS) and permanent 
threshold shift (PTS)). Sea otter-specific thresholds have not been 
determined; however, because of their biological similarities, we 
assume that noise thresholds developed by NMFS for injury for pinnipeds 
will be a surrogate for sea otter impacts as well. When PTS occurs, 
there is physical damage to the sound receptors in the ear. Severe 
cases can result in total or partial deafness. In other cases, the 
animal has an impaired ability to hear sounds in specific frequency 
ranges (Kryter 1985).
    The noise thresholds established by NMFS for preventing injury to 
pinnipeds were developed as precautionary estimates of exposures below 
which physical injury would not occur. There is no empirical evidence 
that exposure to pulses of airgun sound can cause PTS in any marine 
mammal, even with large arrays of airguns (Southall et al. 2007). 
However, given the possibility that mammals close to an airgun array 
might incur at least mild TTS in the absence of appropriate mitigation 
measures, researchers have speculated about the possibility that some 
individuals occurring very close to airguns might incur PTS (e.g., 
Richardson et al. 1995).
    Single or occasional occurrences of mild TTS are not indicative of 
permanent auditory damage, but repeated or (in some cases) single 
exposures to a level well above that causing TTS onset might elicit 
PTS. By means of preventing the onset of TTS, it is highly unlikely 
that marine mammals could receive sounds strong enough (and over a 
sufficient duration) to cause permanent hearing impairment. Until 
specific sea otter thresholds are developed for both Level A and Level 
B harassment and injury, the use of NMFS thresholds for pinnipeds as a 
surrogate for sea otters remains the best available information. NMFS's 
thresholds are further described and justified in NOAA (2005), NOAA 
(2006), NOAA (2008), and Southall et al. (2007) for our analysis.
    A sea otter could experience a TTS as a result of BlueCrest's 
proposed operations, but there is no information on TTS impacts to sea 
otters, an animal that spends much time at the surface. The average 
dive time of a northern sea otter, is only 85 sec (Bodkin et al. 2004) 
to 149 sec (Wolt et al. 2012). Wolt et al. (2012) found Prince William 
Sound sea otters to average 8.6 dives per feeding bout. Multiplied by 
the average dive time (149 sec), the average total time a sea otter 
spends underwater during a feeding is about 21 min, or 12 to 18 percent 
of the time of a typical 2- to 3-hour slack-tide seismic shoot. Except 
for loud screams between pups and mothers (McShane et al. 1995), sea 
otters do not appear to communicate vocally, either at the surface or 
under water, and they do not use sound to detect prey. Thus, any TTS 
due to seismic noise is unlikely to mask communication or reduce 
foraging efficiency. Finally, sea otters are unlikely to rely on sound 
to detect and avoid predators. For example, sea otters at the surface 
are not likely to hear killer whale vocalizations.
    A PTS occurs when continuous noise exposure causes hairs within the 
inner ear system to die. This can occur due to moderate durations of 
very loud noise levels, or long-term continuous exposure of moderate 
noise levels. However, PTS is also not an issue with sea otters and 
impulsive seismic noise. Sea otter exposure to underwater noises 
generated by vessels (propellers) would be of very short duration 
because the average dive time of a northern sea otter is only 85 sec 
(Bodkin et al. 2004) to 149 sec (Wolt et al. 2012). Airborne exposure 
is of little concern since pressure release and Lloyd's mirror-effect 
will reduce underwater seismic noise transmitted to the air. Riedman's 
(1983, 1984) observations of sea otters lack of reaction to seismic 
noise was likely due largely to these transmission limits.
    In conclusion, using information available for other marine mammals 
as a surrogate, and taking into consideration what is known about sea 
otters, the Service has set the received sound level under water of 160 
dB as a threshold for Level B take by disturbance for sea otters for 
this proposed IHA (Ghoul and Reichmuth 2012a and b, McShane et al. 
1995, NOAA 2005, Riedman 1983, Richardson et al. 1995). Exposure to 
unmitigated noise levels in the water greater than 160 dB will be 
considered by the Service as potentially injurious Level B take; and 
levels above 190 dB will be considered Level A take threshold for sea 
otters. Level A take will not be authorized and will be avoided through 
mitigation measures.

[[Page 29898]]

Seismic Operations

    Air gun arrays typically produce most noise energy in the 10 to 120 
Hertz (Hz) range, with some energy extending to 1,000 Hz (Richardson et 
al. 1995). Sound reception studies by Ghoul and Reichmuth (2012) 
determined that sea otters effectively hear between 125 Hz and 32 kHz, 
or above the range where most seismic energy is produced. Thus, sea 
otters appear to have limited hearing of seismic air guns (especially 
compared to humans with effective hearing down to 20 Hz). To the extent 
that sea otters can detect seismic noise, the potential effects of 
BlueCrest's proposed activities are described below.
    Masking occurs when louder noises interfere with marine mammal 
vocalizations or their ability to hear natural sounds in their 
environment (Richardson et al. 1995). These noise levels limit their 
ability to communicate and avoid predation or other natural hazards. 
However, as mentioned above, sea otters do not vocally communicate 
underwater (Ghoul and Reichmuth 2012), and masking due to exposure to 
underwater noise is not relevant. Sea otters do communicate above water 
with the loud screams between separated mothers and pups (McShane et 
al. 1995). Ghoul and Reichmuth (2012) measured these vocalizations and 
found that the intensity of these calls ranged between 50 and 113 dB 
Sound Pressure Level (SPL), and were loud enough that they can be heard 
by humans at distances exceeding 1 km (0.62 miles) (McShane et al. 
1995). Any potential masking effect from any noise entering the air 
from the seismic guns would be brief (a shot) and would likely 
disappear a few meters from the source.
    The seismic airguns that will be used during BlueCrest's Cook Inlet 
operation have the potential to acoustically injure marine mammals at 
close proximity. As no sound levels have been effectively measured to 
establish the threshold where injury caused by an acoustic source 
exists, the 190-dB criterion for seals applies most closely to sea 
otters given their more similar natural history than compared to 
cetaceans.
    BlueCrest intends to conduct VSP operations at the end of drilling 
each well using an array of airguns with total volumes of between 600 
and 880 cubic inches (in3). The VSP operation is expected to last less 
than two days at each well site. Illingworth & Rodkin (2014) measured 
noise levels associated with VSP (using a 750 in \3\ airgun array) 
conducted at Cosmopolitan State #A-1 in 2013. The results indicated 
that the 190 dB radius (Level A take threshold) from source was 120 m 
(394 ft), and the 160 dB radius (Level B disturbance take threshold) 
was 2.47 km (1.54 mi).
    Seismic operations could also cause behavioral effects on sea 
otters. For example, severe disturbance from seismic noise or 
activities could cause female-pup separations, male territory 
abandonment, male territory shifts and conflicts between territories, 
breakup of rafts of nonbreeding males, and/or movement by individual 
sea otters out of nearshore areas into deeper water. These types of 
displacement events, if they occurred, could have repercussions on 
breeding success and/or survival due to increased risk of predation or 
other adverse conditions. However, because sea otters spend relatively 
large amounts of time above the water surface compared to other marine 
mammals, sea otters' potential exposure to the underwater acoustic 
stimuli, such as those associated with seismic surveys (Greene and 
Richardson 1988), may be lower than that of other marine mammal species 
(Richardson et al. 2011). As previously stated, studies have not shown 
these kinds of dramatic responses when sea otters were exposed to 
seismic operations. Therefore, we have no reason to believe that sea 
otters will exhibit any of these reactions during these activities.
    To date, there is no evidence that serious injury, death, or 
stranding of sea otters can occur from exposure to airgun pulses, even 
in the case of large airgun arrays. As a result, the Service does not 
expect any sea otters to incur serious injury (Level A harassment) or 
mortality in Cook Inlet or strand as a result of the proposed 
activities.

Drilling Operations

    For BlueCrest's drilling operation, two project components have the 
potential to disturb sea otters: Driving the conductor pipe at each 
well prior to drilling, and VSP operations that may occur at the 
completion of each well drilling. As described in BlueCrest's petition, 
the CPD and VSP are impulsive noise activities. Here the Level B 
disturbance exposure to sound levels greater than 160 dB applies, and 
take is addressed relative to noise levels exceeding 160 dB, above 
which disturbance can occur until 190 dB, after which potential injury 
and Level A disturbance can occur.

Conductor Pipe Driving (CPD)

    A conductor pipe is a relatively short, large-diameter pipe driven 
into the sediment prior to the drilling of oil wells. Conductor pipes 
are usually installed using drilling, pile driving, or a combination of 
these techniques. BlueCrest proposes to drive approximately 90 m (300 
ft) of 76.2-cm (30-in) conductor pipe at Cosmopolitan #2 (and any 
associated delineation wells) prior to drilling using a Delmar D62-22 
impact hammer. This hammer has impact weight of 6,200 kg (13,640 
pounds) and reaches maximum impact energy of 224 kilonewton-m (165,215 
foot-pounds) at a drop height of 3.6 m (12 ft).
    Blackwell (2005) measured the noise produced by a Delmar D62-22 
driving 91.4-cm (36-inch) steel pipe in Cook Inlet and found sound 
pressure levels to exceed 190 dB at about 60 m (200 ft), 180 dB at 
about 250 m (820 ft), and 160 dB at just less than 1.9 km (1.2 mi). 
Each CPD event is expected to last 1 to 3 days, although actual noise 
generation (pounding) would occur only intermittently during this 
period. It is anticipated that sea otters will move away from any sound 
disturbance caused by the pipe driving or become habituated.

Vertical Seismic Profiling

    Once a well is drilled, accurate followup seismic data can be 
collected by placing a receiver at known depths in the borehole and 
shooting a seismic airgun at the surface near the borehole. This 
gathered data provides not only high-resolution images of the 
geological layers penetrated by the borehole, called VSP, but it can 
also be used to accurately correlate (or correct) the original surface 
seismic data.
    BlueCrest intends to conduct VSP operations at the end of drilling 
each well using an array of airguns with total volumes of between 9.83 
and 14.42 liters (600 and 880 in3). Each VSP operation is expected to 
last less than 1 or 2 days. Assuming a 1-m source level of 227 dB for a 
14.42-liter (880-cubic-inch) array and using Collins et al.'s (2007) 
transmission loss model for the Cook Inlet (18.4 Log(R)-0.00188R), the 
190-dB radius (Level A take threshold for pinnipeds and surrogate for 
sea otters) from source was estimated at 100 m (330 ft), and the 160-dB 
radius (Level B disturbance take threshold for all sea otters) at 2.46 
km (1.53 mi). These were the initial injury and safety zones 
established for monitoring during a VSP operation conducted by 
Buccaneer at Cosmopolitan State #1 during July 2013. Illingworth and 
Rodkin (2013) measured the underwater noise levels associated with the 
July 2013 VSP operation using an 11.8-liter (720 in3) array and found 
the noise exceeding 160 dB extended out 2.47 km (1.56 mi) or virtually 
identical to the modeled distance. The measured radius to the 190-dB 
level was 75 m (246 ft). The best fit model for the empirical data was 
227-19.75

[[Page 29899]]

log(R)-0.0R (Illingworth and Rodkin 2013).

Exploratory Drilling and Standard Operation

    The jack-up drilling rig, Endeavour, is not expected to impact sea 
otters. Lattice-legged, jack-up drill rigs are relatively quiet because 
the lattice legs limit transfer of noise generated from the drilling 
table to the water (Richardson et al. 1995, Spence et al. 2007). 
Further, the drilling platform and other noise-generating equipment are 
located above the ocean surface, so there is very little surface 
contact with the water compared to drill ships and semi-submersible 
drill rigs. For example, the Spartan 151, the only other jack-up 
drilling rig operating in the Cook Inlet, was hydro-acoustically 
measured by Marine Acoustics, Inc. (2011) while operating in 2011. The 
survey results showed that continuous noise levels exceeding 120 dB 
extended out only 50 m (164 ft), and that this noise was largely 
associated with the diesel engines used as power generators. The 
Endeavour was hydro-acoustically tested during drilling activities by 
Illingworth and Rodkin (2013) in May 2013, while the rig was operating 
at Cosmopolitan State #1. The results from the sound source 
verification indicated that noise generated from drilling or generators 
were below ambient noise. The generators used on the Endeavour are 
mounted on pedestals specifically to reduce noise transfer through the 
infrastructure, and they are enclosed in an insulated engine room. In 
addition, the submersed deep-well pumps that cool the generators and 
charge the fire-suppression system also generate noise levels exceeding 
120 dB out a distance of approximately 300 m (984 ft). However, the 
Service does not anticipate that this level of noise will impact sea 
otters. Thus, neither actual drilling operations nor running generators 
on the Endeavour drill rig generates underwater noise levels exceeding 
120 dB.
    For this IHA analysis, acoustical injury to sea otters can occur if 
received noise levels exceed 190 dB. This is classified as a Level A 
take (injury), which is not authorized by IHAs. The towing, drilling, 
and pump operations to be used during BlueCrest's program do not have 
the potential to acoustically injure marine mammals. Therefore, no 
shutdown safety zones will be established for these activities. 
However, the conductor pipe driving and VSP operations do generate 
impulsive noises exceeding 190 dB. Based on the estimated distances to 
the 190-dB isopleth addressed above, a 60-m (200-ft) shutdown safety 
zone will be established and monitored during conductor pipe driving 
(at least until the noise levels are empirically verified), while a 75-
m (246-ft) shutdown safety zone will be monitored during VSP 
operations. Northern sea otters may be disturbed at noise levels 
between 160 dB to 190 dB, where disturbance can occur (Level B 
harassment) out to approximately 0.75 km (2.5 mi). If these takes 
occur, they are likely to result in nothing more than short-term 
changes in behavior.

Estimated Incidental Take of Sea Otters by Harassment

    As described earlier, the Service anticipates that incidental take 
will occur during Cook Inlet oil and gas activities conducted by 
BlueCrest. In the sections below, we estimate take by harassment of the 
numbers of sea otters from the Southcentral stock that are likely to be 
affected during the proposed activities. The proposed BlueCrest 
activities, previously discussed in detail, will primarily occur in a 
limited area around the drilling rigs at the Cosmopolitan #A-2, #A-3, 
and #B-1 sites.
    The jack-up rig would be towed to the Cosmopolitan State well site 
coming from either Port Graham, a travel distance of about 50 km (31 
mi), or from upper Cook Inlet approximately 100 km (62 mi) north of 
Cosmopolitan State (Figure 6-1, Owl Ridge 2015, page 14). After 
drilling is complete, the rig will be released and moved away from the 
well sites to a location of the owner's discretion. The jack-up rig 
could be towed multiple times during 2016, but only the tow from Port 
Graham or upper Cook Inlet to Cosmopolitan State #2, and between 
Cosmopolitan State #2 and #1, are addressed in this IHA petition. It is 
estimated that the longer tows (to and from the Cosmopolitan State 
leases) will take 2 days to complete, while tows between Cosmopolitan 
well sites will take but a few hours. The rig will be wet-towed by two 
or three ocean-going tugs licensed to operate in Cook Inlet. Tugs 
generate their loudest sounds while towing due to propeller cavitation. 
These continuous sounds have been measured at up to 171 dB at source 
(broadband), and are generally emitted at dominant frequencies of less 
than 5 kHz (Miles et al. 1987, Richardson et al. 1995, Simmonds et al. 
2004).
    The dominant noise frequencies from propeller cavitation are 
significantly less than the dominant hearing frequencies for pinnipeds 
(10 to 30 kHz) and toothed whales (12 to >100 kHz), but within the 
hearing range of sea otters in general (Wartzok and Ketten 1999). Also, 
because it is currently unknown which tug or tugs will be used to tow 
the rig, and there are few sound signatures for tugs in general, the 
potential area that could be ensonified by disturbance level noise is 
calculated based on an assumed 171 dB source. Using Collins et al.'s 
(2007) 18.4 Log(R)-0.00188R spreading model, we determine from 
hydroacoustic surveys in Cook Inlet, the distance to the 160 dB 
isopleth would be at 253 meters (830 feet). Therefore, while towing, 
the operating tug would ensonify a strip 0.51 km (0.31 mi) wide. The 
ensonified area of the route was determined by multiplying route length 
by the ensonified strip width, which equates to 253 m multiplied by 2. 
Subsequently, the ZOI for the route from Port Graham to well site #B-1 
is 25.3 km\2\, for the route from upper Cook Inlet to #B-1 is 50.6 
km\2\, and for the route between #B-1 and #A-2 is 0.84 km\2\. Rig 
movement between well site #A-2 and #A-3 is only a few meters and 
represents a ZOI of 0.40 km\2\. Depending on the route of the tow, it 
is expected that no more than 10 km of the entire (regardless of 
direction) track will occur within the expected otter habitat (5 km 
from shore) and represents a ZOI of 5.1 km\2\.

Ensonified Area--Pipe Driving

    The Delmar D62-22 diesel impact hammer proposed to be used by 
BlueCrest to drive the 76.2-cm (30-in) conductor pipe was previously 
acoustically measured by Illingworth & Rodkin (2014) during drilling 
operations at Cosmopolitan State #A-1. They found that sound exceeding 
Level A noise limits for pinnipeds (and presumably for sea otters) to 
extend to about 55 m (180 ft). Level B disturbance levels extended to 
just less than 1.63 km (1.0 mi). The associated ZOI (area ensonified by 
noise greater than 160 dB) is 8.3 km\2\ (3.1 mi\2\).

Ensonified Area--Vertical Seismic Profiling

    Illingworth & Rodkin (2014) measured noise levels associated with 
VSP (using a 750 in\3\ airgun array) conducted at Cosmopolitan State 
#A-1 in 2013. Their results indicated that the 190 dB radius (Level A 
take threshold for pinnipeds and presumably sea otters) from source was 
120 m (394 ft), and the 160 dB radius (Level B disturbance take 
threshold) was 2.47 km (1.54 mi). Based on these results, the 
associated (160 dB) ZOI would be 19.2 km\2\ (7.4 mi\2\).

Sea Otter Densities

    There are no published sea otter density estimates for the 
nearshore area

[[Page 29900]]

along the Kenai Peninsula. Larned (2006) estimated from winter surveys 
for Steller's eider that there were 92 sea otters (December 2004) 
inhabiting the survey area--a 300-km\2\ area north of Anchor Point. 
Larned (2006) also estimated that the expansion factor, or the ratio of 
the full survey area to the area actually sampled, was 3.27. Applied to 
the count data the estimated number of sea otters in the survey area 
north of Anchor Point was 300 animals, or 1.0/km\2\. This estimate does 
not take into account missed animals; either because they were 
submerged or difficult to distinguish from the aerial platform 
(especially pups). Evans et al. (1997) calculated a correction factor 
of 2.38 for sea otters missed during aerial surveys conducted along the 
Aleutian Islands. Applying this correction factor (2.38) to the 
calculated density of 1.0 km\2\ increases the estimated sea otter 
density to 2.38 sea otters/km\2\. A fall 2013 survey (Owl Ridge 
unpublished data) of this region using line-transect methods and 
program DISTANCE produced a density estimate of 2.6 sea otters/km\2\. 
It is, therefore, realistic to utilize the 2.38 density estimate in 
calculating estimated exposures.

Exposure Calculations

    For purposes of this analysis, ``potential exposure'' was defined 
as a sea otter occurring within an active ZOI of a specific noise-
generating activity. As discussed below, this potential exposure does 
not necessarily constitute a Level B take, especially if the sea otter 
remains above water and is not directly exposed to underwater noise. 
Thus, the calculated exposure values represent the number of sea otters 
that are in a position (within an active ZOI) of receiving harassment 
take noise levels should they dive during the encounter.
    The estimated potential exposures of sea otters by BlueCrest's 
planned exploratory drilling project was determined using density 
estimates derived from Larned (2006) above as adjusted for missed 
animals (2.38/km\2\). Potential exposures were derived by multiplying 
the maximum density (2.38 sea otters/km\2\) by the ZOI for each 
activity and then by the estimated number of days the activity would 
occur. The rig tow is expected to last for about 2 to 3 days, the pipe 
driving about 12 days, and the VSP about 3 days. However, pipe driving 
and VSP activity will occur only sporadically on any given day. The 
exposure calculations can be found in Table 2.

                Table 2--Estimated Number of Potential Exposures During the 2016 Drilling Period
----------------------------------------------------------------------------------------------------------------
                                                        Tow       Conductor pipe        VSP            Total
----------------------------------------------------------------------------------------------------------------
ZOI (km\2\).....................................             5.1             8.3            19.2  ..............
Otter Density (No./km\2\).......................            2.38            2.38            2.38  ..............
Days............................................              NA              12               3  ..............
Potential Exposures.............................              12             238             138             388
----------------------------------------------------------------------------------------------------------------

    As mentioned above, an acoustical harassment take of a sea otter 
does not occur should the animal remain at the surface during the 
period it is found within the ZOI. During the 2013 drilling activities 
at Cosmopolitan State #1, only 52 of 356 recorded sea otters, or about 
15 percent, actually dove underwater while within 260 m (853 ft) of the 
drill rig (most sea otters simply drifted past, and were often asleep). 
Thus, the exposure estimate of 388 found in Table 2 is conservative 
because it does not take into account that most sea otters are not 
expected to dive while drifting past the rig operations.

Take Authorization Request

    The potential exposures for the 2016 drilling period, based on sea 
otter density, is estimated to be 388 sea otters (Table 2), or about 
2.1 percent of the stock. Taking into account the 15 percent of the sea 
otters that are likely to dive while in the vicinity of the drill rig, 
the estimated number of exposures reduces to 58, or about 0.4 percent 
of the stock. However, because sea otter behavior is difficult to 
predict, the more conservative 388 sea otters potentially exposed is 
the requested authorization.
    The Service determined that the BlueCrest activities most likely to 
result in the take of sea otters, as defined under the MMPA, are CPD 
and VSP. These activities will generate noise levels in the water that 
may cause short-term, temporary, nonlethal, but biologically 
significant changes in behavior to sea otters that the Service 
considers to be Level B take by disturbance under the MMPA. Other 
proposed activities, such as rig towing, noise generated from routine 
rig activities, routine boat traffic, and periodic air traffic were 
considered to have a limited potential for disturbance leading to Level 
B take. Adherence to specified operating conditions will ensure that 
take is minimized. The Service made these determinations, in part, 
based on information provided in the petition materials provided by 
BlueCrest, including the Marine Mammal Monitoring and Mitigation Plan 
(4MP).

Potential Effects on Sea Otter Habitat

    As described previously, the primary potential impacts to sea 
otters are associated with high-energy impulsive sound levels. However, 
other potential impacts are also possible to the surrounding habitat 
from physical disturbance, discharges, or an oil spill.
    Since sea otters typically inhabit nearshore marine areas, 
shoreline length is a readily available metric that can be used to 
quantify sea otter habitat. The total length of shoreline within the 
range of the Southcentral Alaska stock of northern sea otters is 
approximately 2,575 km (1,600 mi), of which 540 km (335.5 mi) are 
located within Cook Inlet. Of that, the total length of shoreline for 
the proposed activities is a small percentage of the total shoreline 
habitat available to the Southcentral sea otter stock.

Potential Impacts to Prey

    In addition to the disturbances outlined above to sea otter habitat 
from noise, seismic activities could affect sea otter habitat in the 
form of impacts to prey species. The primary prey species for sea 
otters are sea urchins, abalone, clams, mussels, crabs, and squid 
(Tinker and Estes 1999). When preferential prey are scarce, sea otters 
will also eat kelp, crabs, clams, turban snails, octopuses, barnacles, 
sea stars, scallops, rock oysters, fat innkeeper worms, and chitons 
(Riedman and Estes 1990).

Potential Impacts From Seismic Surveys

    Little research has been conducted on the effects of seismic 
operations on invertebrates (Normandeau Associates, Inc. 2012). 
Christian et al. (2003) concluded that there were no obvious effects 
from seismic signals on crab behavior and no significant effects on the 
health of adult crabs. Pearson et al. (1994) had previously found no 
effects

[[Page 29901]]

of seismic signals upon crab larvae for exposures as close as 1 m (3.3 
ft) from the array, or for mean sound pressure as high as 231 dB. 
Invertebrates such as mussels, clams, and crabs do not have auditory 
systems or swim bladders that could be affected by sound pressure. 
Squid and other invertebrate species have complex statocysts (Nixon and 
Young 2003) that resemble the otolith organs of fish that may allow 
them to detect sounds (Budelmann 1992). Normandeau Associates, Inc. 
(2012) concluded that invertebrates are sensitive to local water 
movements and to low-frequency particle accelerations generated by 
sources in their close vicinity. Based on these results, impulsive CPD 
and VSP could acoustically impact local marine communities, but only 
out to about 2 or 3 m (6 to 9 ft) at most. From an ecological community 
standpoint, these impacts are considered minor.

Potential Impacts From Drill Rig Presence

    The potential direct habitat impact by the BlueCrest drilling 
operation is limited to the actual drill-rig footprint defined as the 
area occupied and enclosed by the drill-rig legs. The jack-up rig will 
temporarily disturb up to three offshore locations in upper Cook Inlet, 
where the wells are proposed to be drilled. Bottom disturbance would 
occur in the area where the three legs of the rig would be set down and 
where the actual well would be drilled.
    The Cosmopolitan State #B-1 well site is located in lower Cook 
Inlet. Cook Inlet is a large subarctic estuary roughly 300 km (186 mi) 
in length and averaging 96 km (60 mi) in width. It extends from the 
city of Anchorage at its northern end and flows into the Gulf of Alaska 
at its southernmost. For descriptive purposes, Cook Inlet is separated 
into unique upper and lower sections, divided at the East and West 
Forelands, where the opposing peninsulas create a natural waistline in 
the length of the waterway, measuring approximately 16 km (10 mi) 
across (Mulherin et al. 2001).
    The potential direct habitat impact by the BlueCrest drilling 
operation is limited to the actual drill-rig footprint defined as the 
area occupied and enclosed by the drill rig legs. This area was 
calculated as 0.22 hectares (ha) (0.54 acres) during the land use 
permitting process. The collective 0.8-ha (2-ac) footprint of the well 
represents a very small fraction of the 18,950-km\2\ (7,300-mi\2\) Cook 
Inlet surface area. Potential damage to the Cook Inlet benthic 
community will be limited, however, to the actual surface area of the 
three spud cans (collective total of 442 m\2\ (4,755 ft\2\)) that form 
the ``foot'' of each leg. Given the high tidal energy at the well site 
locations, drilling footprints are not expected to support benthic 
communities equivalent to shallow lower energy sites found in nearshore 
waters. The presence of the drill rig is not expected to result in any 
direct loss of sea otter habitat.

Potential Impacts From Drilling Discharges

    The drill rigs will operate under an APDES general permit for 
wastewater discharges. This permit authorizes discharges from oil and 
gas extraction facilities engaged in exploration under the Offshore and 
Coastal Subcategories of the Oil and Gas Extraction Point Source 
Category (40 CFR part 435). Twelve effluents are authorized for 
discharge into Cook Inlet once discharge limits set by the Alaska 
Department of Environmental Conservation have been met. The authorized 
discharges include drilling fluids and drill cuttings, deck drainage, 
sanitary waste, domestic waste, blowout preventer fluid, boiler 
blowdown, fire control system test water, uncontaminated ballast water, 
bilge water, excess cement slurry, mud cuttings cement at sea floor, 
and completion fluids. The drill rig will also be authorized under the 
Environmental Protection Agency's (EPA's) Vessel General Permit for 
deck washdown and runoff, gray water, and gray water mixed with sewage 
discharges. Drilling wastes include drilling fluids, known as mud, rock 
cuttings, and formation waters. Drilling wastes (non-hydrocarbon) will 
be discharged to the Cook Inlet under the approved APDES general 
permit.
    Drilling wastes (hydrocarbon) will be delivered to an onshore 
permitted location for disposal. BlueCrest will conduct an 
Environmental Monitoring Study of relevant hydrographic, sediment 
hydrocarbon, and heavy metal data from surveys conducted before and 
during drilling mud disposal and at least 1 year after drilling 
operations cease in accordance with the APDES general permit for 
discharges of drilling muds and cuttings.
    Non-drilling wastewater includes deck drainage, sanitary waste, 
domestic waste, blowout preventer fluid, boiler blowdown, fire control 
test water, bilge water, noncontact cooling water, and uncontaminated 
ballast water. Non-drilling wastewater will be discharged into Cook 
Inlet under the approved APDES general permit or delivered to an 
onshore permitted location for disposal. Mud cuttings will be 
constantly tested. Hydrocarbon-contaminated muds will be hauled 
offsite. Solid waste (e.g., packaging, domestic trash) will be 
classified, segregated, and labeled as general, universal, and Resource 
Conservation and Recovery Act exempt or nonexempt waste. Solid waste 
will be stored in containers at designated accumulation areas until it 
can be packaged and transported to an approved onshore disposal 
facility. Hazardous wastes should not be generated as a result of this 
project. However, if any hazardous wastes are generated, they will be 
temporarily stored in an onboard satellite accumulation area and then 
transported offsite for disposal at an approved facility.
    Discharging drill cuttings or other liquid waste streams generated 
by the drilling rig--even in permitted amounts--could potentially 
affect marine mammal habitat. Toxins could persist in the water column, 
which could have an impact on marine mammal prey species. However, 
despite a considerable amount of investment in research on exposures of 
marine mammals to organochlorines or other toxins, no marine mammal 
deaths in the wild can be conclusively linked to the direct exposure to 
such substances (O'Shea 1999).
    Drilling muds and cuttings discharged to the seafloor can lead to 
localized increased turbidity and increase in background concentrations 
of barium and occasionally other metals in sediments and may affect 
lower trophic organisms. Drilling muds are composed primarily of 
bentonite (clay), and the toxicity is, therefore, low. Heavy metals in 
the mud may be absorbed by benthic organisms, but studies have shown 
that heavy metals do not bio-magnify in marine food webs (Neff et al. 
1989). Effects on benthic communities are nearly always restricted to a 
zone within about 100 to 150 m (328 to 492 ft) of the discharge, where 
cuttings accumulations are greatest. Discharges and drill cuttings 
could impact fish by displacing them from the affected area. No water 
quality impacts are anticipated from permitted discharges that would 
negatively affect habitat for Cook Inlet sea otters.

Potential Impacts From an Oil Spill or Unpermitted Discharge

    The probability of an oil spill from the proposed activities is 
low. Potential sources would be a release from a vessel. An oil spill 
or unpermitted discharge is an illegal act; IHAs do not authorize takes 
of sea otters caused by illegal or unpermitted activities.
    If an oil spill did occur, the most likely impact upon sea otters 
would be mortality due to exposure to and ingestion of spilled oil. 
Also,

[[Page 29902]]

contamination of sea otter habitat, their invertebrate prey, and prey 
habitat would most likely result in a range of impacts ranging from 
sublethal to lethal, depending on a wide variety of factors. Spill 
response activities are not likely to disturb the prey items of sea 
otters sufficiently to cause more than minor effects. Spill response 
activities could cause sea otters to avoid contaminated habitat that is 
being cleaned.
    Based on the preceding discussion of potential types and likelihood 
of impacts to sea otters, their prey, and habitat, the Service 
anticipates that the proposed activities are not likely to cause more 
than negligible, short-term, and temporary impacts to a small number of 
sea otters and to a small fraction of sea otter habitat.

Potential Impacts on Subsistence Uses

    The MMPA allows for Alaska Natives to harvest sea otters for 
subsistence purposes or for the purposes of creating authentic Native 
articles of handicrafts and clothing, provided this is accomplished in 
a non-wasteful manner.
    Data from the Service's Marine Mammal Marking, Tagging, and 
Reporting Program (MTRP) indicates that between 1989 and 2015 (27 
years), Alaska Natives harvested a total of 715 sea otters hunting from 
the community of Homer, while Port Graham reported 215, Seldovia 122, 
Nanwalek 39, Kenai 31, and Ninilchik 16 sea otters harvested (USFWS 
MTRP unpublished data); the mean reported annual subsistence take from 
2009 through 2015 from Homer, Port Graham, Seldovia, Nanwalek, Kenai, 
and Ninilchik of sea otters in or near the proposed project areas was 
239 animals (USFWS MTRP unpublished. data).
    BlueCrest has reached out and coordinated with local communities, 
including Kenai, Homer, and Ninilchik, as well as Kenai Peninsula 
Borough and Cook Inlet Region, Inc. Any observed sea otter interactions 
with the BlueCrest operations deemed potentially harmful will be 
immediately reported to the Service by BlueCrest or their 
representative.
    The impact of drilling operations is unlikely to affect any sea 
otter sufficient to render it unavailable for subsistence harvest in 
the future. Oil spill trajectory scenarios indicate that potential 
spills would travel south through the central channel of the inlet away 
from shoreline subsistence harvest areas. For these reasons, we 
conclude that these activities will not impact the availability of sea 
otters for subsistence harvest in Cook Inlet.

Mitigation Measures

    Holders of an IHA must use methods and conduct activities in a 
manner that minimizes to the greatest extent practicable adverse 
impacts on sea otters, their habitat, and on the availability of sea 
otters for subsistence uses. Adaptive management approaches, such as 
temporal or spatial limitations in response to the presence of sea 
otters in a particular place or time or the occurrence of sea otters 
engaged in a particularly sensitive activity (such as feeding), must be 
used to avoid or minimize interactions with sea otters, and subsistence 
users of these resources. BlueCrest has developed a 4MP for proposed 
Cook Inlet drilling activities. This 4MP is designed to monitor and 
mitigate for all marine mammals regardless of status or agency 
jurisdiction. The primary concern is the harassing levels of underwater 
noise produced by the drilling program operations.
    Compared to non-jack-up drill rigs, the use of the jack-up drilling 
rig Spartan 151 will mitigate potential noise impacts. Jack-up rigs 
have less surface contact with the water and convey less noise from the 
drilling table and generators into the underwater environment. Sound 
source verifications conducted by MAI (2011) confirmed that underwater 
drilling and generator noises produced by the Spartan 151 are near 
ambient.
    Shutdown safety zones will be established and monitored during pipe 
driving and VSP activities. Shutdowns will be implemented to avoid 
injury take to all marine mammals including sea otters.
    In the unlikely event of an oil spill, BlueCrest will be working 
with CISPRI, which is certified as a U.S. Coast Guard oil spill removal 
organization and State of Alaska Primary Response Action Contractor 
serving the Cook Inlet region of Alaska. BlueCrest will follow the 
procedures as outlined in CISPRI's Technical Manual, Wildlife Tactics. 
Most procedures discussed in the CISPRI Technical Manual are associated 
with responses for either waterfowl or marine mammals. The CISPRI will 
dedicate personnel and equipment as appropriate in support of wildlife 
during a spill. The Planning Chief will work to implement a Wildlife 
Plan addressing those species anticipated to be at risk and needing 
protection. The protocols are described in further detail in the Oil 
Discharge Prevention and Contingency Plan.
    Under this Authorization, BlueCrest will be required to use the 
following mitigation measures to ensure no Level A and no more than 
authorized Level B takes of sea otters occur. These include conditions 
for operational and support vessels, aircraft, offshore seismic 
surveys, safety zones, ramp-up procedures, power down and shutdown, 
emergency shutdown, Drill Rig Tows, Drive Pipe Driving, Rig Operation, 
VSP Operations, and Sea Otter Observers. BlueCrest will also be 
required to have sufficient and continual sound monitoring equipment to 
ensure that following mitigation measures can be applied. BlueCrest's 
4MP and the following mitigation measures will ensure that the numbers 
of Southcentral stock of sea otters likely to be encountered during 
project operations will ensure that Level B take will be minimal and 
below the prescribed take allowance.

Operational and Support Vessels

     Operational and support vessels must be staffed with 
trained and qualified observers to alert crew of the presence of sea 
otters and initiate adaptive mitigation responses.
     Vessel operators must take every precaution to avoid 
harassment to sea otters when a vessel is operating near these animals.
     Vessels must reduce speed and maintain a distance of 100 m 
(328 ft) from all sea otters when practicable.
     Vessels may not be operated in such a way as to separate 
members of a group of sea otters from other members of the group.
     When weather conditions require, such as when visibility 
drops, vessels should adjust speed accordingly to avoid the likelihood 
of injury to sea otters.
     All vessels must avoid areas of active or anticipated 
subsistence hunting for sea otters as determined through community 
consultations.
     We may require a monitor on site of the activity or 
onboard drillships, drill rigs, support vessels, aircraft, or vehicles 
to monitor the impacts of an activity on sea otters.

Aircraft

     Operators of support aircraft must, at all times, conduct 
their activities at the maximum distance possible from sea otters.
     Fixed-wing aircraft must operate at an altitude no lower 
than 91 m (300 ft) in the vicinity of sea otters.
     Rotary winged aircraft (helicopters) must operate at an 
altitude no lower than 305 m (1,000 ft) in the vicinity of sea otters.
     When weather conditions do not safely allow the required 
minimum altitudes stipulated above, such as

[[Page 29903]]

during severe storms or when cloud cover is low, aircraft may be 
operated at lower altitudes.
     When aircraft are operated at altitudes below the required 
minimum altitudes, the operator must avoid known sea otter locations 
and should take precautions to avoid flying directly over these areas.
     Aircraft routes must be planned to minimize any potential 
conflict with active or anticipated sea otter subsistence hunting 
activity as determined through community consultations.

Offshore Seismic Surveys

    Any offshore exploration activity expected to include the 
production of pulsed underwater sounds with sound source levels >=160 
dB will be required to establish and monitor acoustic safety zones and 
implement adaptive mitigation measures as follows:

Safety Zones

    Establish and monitor with trained and qualified observers an 
acoustically verified disturbance zone surrounding seismic source 
arrays where the received level will be >=160 dB and an acoustically 
verified safety zone surrounding seismic source arrays where the 
received level will be >=190 dB.

Ramp-Up Procedures

    For all seismic surveys, including airgun testing, use the 
following ramp-up procedures to allow marine mammals to depart the 
disturbance zone before seismic surveying begins.
     Visually monitor the disturbance zone and adjacent waters 
for sea otters for at least 30 minutes before initiating ramp-up 
procedures. If no sea otters are detected, you may initiate ramp-up 
procedures. Do not initiate ramp-up procedures at night or when you 
cannot visually monitor the disturbance zone for marine mammals.
     Initiate ramp-up procedures by firing a single airgun. The 
preferred airgun to begin with should be the smallest airgun, in terms 
of energy output (dB) and volume (cubic inches).
     Continue Ramp-up by gradually activating additional 
airguns over a period of at least 20 minutes, but no longer than 40 
minutes, until the desired operating level of the airgun array is 
obtained.

Powerdown and Shutdown

    Immediately power down or shutdown the seismic source array and/or 
other acoustic sources whenever one or more sea otters are sighted 
close to or within the area delineated by the 190 dB disturbance zone. 
If the power down operation cannot reduce the received sound pressure 
level to 160 dB or less, the operator must immediately shut down the 
seismic airgun array and/or other acoustic sources.

Emergency Shutdown

    If observations are made or credible reports are received that one 
or more sea otters are within the area of the seismic survey and are 
indicating acute distress, such as any injury due to seismic noise, the 
seismic airgun array will be immediately shutdown and the Service 
contacted. The airgun array will not be restarted until review and 
approval by the Service.

Drill Rig Tow

    Because the ocean tugs will be under tow while they are generating 
noises of concern they will be traveling at very slow speeds (1 to 5 
knots), providing sufficient time for marine mammals to move from the 
vicinity and avoid any possible injury take due to collision or noises 
exceeding injury thresholds. Altering courses or speeds to avoid 
harassment takes will be conducted when feasible, but completely 
shutting engines down would represent a major (and perhaps illegal) 
safety concern given the inherent hazards of towing at sea. Thus, while 
marine mammals will be monitored, no safety shutdowns will occur; 
however, marine mammal monitoring will occur during all tow events.

Drive Pipe Driving

    Soon after the drill rig is positioned on the well head, the 
conductor pipe will be driven as the first stage of the drilling 
operation. At least two marine mammal observers (one operating at a 
time) will be stationed aboard the rig during this 2 to 3 day operation 
monitoring a 1.6-km (1-mi) shutdown safety zone. The impact hammer 
operator will be notified to shutdown hammering operations at the 
approach of a marine mammal to the safety zone. Also, a ramp up of the 
hammering will begin at the start of each hammering session. The ramp 
up procedure involves initially starting with three soft strikes, 30 
seconds apart. This delayed-strike start alerts marine mammals of the 
pending hammering activity and provides them time to vacate the area. 
Monitoring will occur during all hammering sessions.

Rig Operation

    Hydroacoustic tests were conducted by MAI (2011) on the Spartan 151 
in 2011. The results indicated that the lattice legs of the drill rig 
were preventing significant noise from entering the water column. The 
MAI (2011) found that underwater noise levels associated with drilling 
did not exceed ambient, while the large power generators onboard the 
rig produced noise that exceeded 120 dB only out about 50 m. Noise 
associated with drilling and general operation of the drill rig is of 
little concern to marine mammals.

VSP Operations

    As with the CPD, marine mammal observers will be redeployed during 
the VSP operations to monitor a shutdown safety zone. Illingworth & 
Rodkin (2014) measured noise levels during VSP operations associated 
with BlueCrest post-drilling operations at the Cosmopolitan State #B-1 
site during July 2013. The results indicated that the 720-in\3\ airgun 
array used during the operation produced noise levels exceeding 160 dB 
out to a distance of approximately 2.47 km (1.54 mi). Thus, all VSP 
monitoring will involve a 2.5-km (1.55-mi) shutdown zone. The airgun 
operator will be notified to shut down firing of the guns at the 
approach of a marine mammal to the safety zone. Also, a ``soft start'' 
ramp up of the guns will begin at the start of each airgun session.

Sea Otter Observers

    The initial rig tow from Port Graham to Cosmopolitan #B-1 is 
expected to last less than 12 hours. A single observer will monitor for 
sea otters during the tow. If the rig is towed from an upper Cook Inlet 
location, and is expected to last more than 12 hours (which it is), 
then two observers, working alternate shifts, will be used.
    Pipe driving is expected to take 2 to 3 days to complete. Two sea 
otter observers, working alternate shifts, will be stationed aboard the 
drill rig during all pipe driving activities at the well. The observers 
will operate from a station as close to the well head as safely 
possible.
    As with the pipe driving, two observers will monitor all VSP 
activities. Monitoring during zero-offset VSP will be conducted by two 
sea otter observers operating from the drill rig. During walk-away VSP 
operations, an additional two sea otter observers will monitor from the 
seismic source vessel.
    Only trained sea otter observers will be used during this project. 
All observers will either have previous experience monitoring for sea 
otters, or will go through a sea otter (marine mammal) monitoring 
training course. Less-experienced observers will be paired with 
veterans. Observers will

[[Page 29904]]

also be provided with field guides, instructional handbooks, and a 
contacts list to assist in assuring data are collected effectively and 
accurately.

Notification of Injured or Dead Sea Otter

    In the unexpected event that the specified activity clearly causes 
the take of a sea otter in a manner not authorized by the IHA (if 
issued), such as a serious injury or mortality (e.g., ship-strike), 
BlueCrest would immediately report the incident to the Service. The 
report would include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
cloud cover, and visibility);
     Description of all sea otter observations in the 24 hours 
preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    In the event that BlueCrest discovers an injured or dead sea otter, 
and the lead PSO determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), BlueCrest would report the 
incident to the Service within 24 hours of the discovery. BlueCrest 
would provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS, FWS, and the 
Marine Mammal Stranding Network.

Maintaining Safe Radii

    Acoustical injury to sea otters can occur if received noise levels 
exceed 190 dB. BlueCrest is not requesting authorization of these 
takes, termed Level A injury takes, but instead will implement 
mitigation measures to avoid these takes, including shutdown safety 
zones. However, the rig towing procedures to be used during BlueCrest's 
operation do not have the potential to acoustically injure sea otters. 
Therefore, no shutdown safety zones will be established for this 
activity. The pipe driving and VSP operations do generate impulsive 
noises exceeding 190 dB. Based on the estimated distances to the 190 dB 
isopleth addressed above, a 170-m (560-ft) shutdown safety zone will be 
established and monitored during pipe driving, while a 240-m (787-ft) 
shutdown safety zone will be monitored during VSP operations. These 
safety zones are conservative for sea otters given that injury take is 
not expected until noise levels reach 190 dB.

Monitoring and Reporting Requirements

    We require holders of an IHA to cooperate with the Service and 
other designated Federal, State, and local agencies to monitor the 
impacts of oil and gas exploration activities on sea otters. In this 
case, BlueCrest coordinated with NMFS, Bureau of Safety and 
Environmental Enforcement, and the Army Corps of Engineers. BlueCrest 
reached out to the communities of Homer, Port Graham, Kenai, Seldovia, 
Soldotna, and Ninilchik, as well as Kenai Peninsula Borough, Cook Inlet 
Region, Inc., Cook Inlet Keeper, United Cook Inlet Drift Association, 
and the Chugach Alaska Services.
    BlueCrest must submit a final report to the Service within 90 days 
after the end of the project. The report must describe the operations 
that were conducted and the marine mammals that were observed. The 
report must include documentation of methods, results, and 
interpretation pertaining to all monitoring. The 90-day report must 
summarize the dates and locations of seismic operations, and all sea 
otter sightings (dates, times, locations, activities, associated 
seismic survey activities, sea otter behavior, and any observed 
behavioral changes). All observations of sea otters, including any 
observed reactions to the seismic operations, will be recorded and 
reported to the Service.

Monitoring Requirements

    Holders of an IHA will be required to:
     Maintain trained and qualified onsite observers to carry 
out monitoring programs for sea otters necessary for initiating 
adaptive mitigation responses.
     Place trained and qualified observers on board all 
operational and support vessels to alert crew of the presence of sea 
otters to initiate adaptive mitigation responses and to carry out 
specified monitoring activities identified in the monitoring and 
mitigation plan necessary to evaluate the impact of authorized 
activities on sea otters and the subsistence use of sea otters.
     Cooperate with the Service and other designated Federal, 
State, and local agencies to monitor the impacts of oil and gas 
exploration activities on sea otters.
    The wet-tow will most likely occur during the summer when Alaska 
days are long. However, because there are no injury-take concerns with 
the wet-tows, and only a very low potential for acoustical harassment, 
no special considerations will be made to monitor during poor 
visibility conditions. The CPD and VSP activities will be limited to 
daylight hours, and when sea conditions are light, therefore, when 
marine mammal observation conditions will be generally good.
    Standard marine mammal observing field equipment will be used 
including reticule binoculars (10 x 42), big-eye binoculars (30x), 
inclinometers, and range-finders. Because rig-towing, CPD, and VSP will 
be limited to daylight hours, no special equipment such as night scopes 
or FLIRS (forward looking infra-red thermal imagery system) will be 
needed.
    All location, weather, and marine mammal observation data will be 
recorded onto a standard field form. Global positioning system and 
weather data will be collected at the beginning and end of a marine 
mammal monitoring period and at every half-hour in between. Position 
data will also be recorded at the change of an observer or the sighting 
of a marine mammal. Enough position data will be collected to 
eventually map an accurate charting of any vessel travel. Recorded 
marine mammal data will also include species, group size, behavior, and 
any apparent reactions to the project activities. Any behavior that 
could be construed as a take will also be recorded in the notes.

Reporting Requirements

    Holders of an IHA must keep the Service informed on the progress of 
authorized activities by:
     Notifying the Service at least 48 hours prior to the onset 
of activities.
     Providing weekly progress reports of authorized 
activities, noting any significant changes in operating state and or 
location.
     Notifying the Service within 48 hours of ending activity.

Weekly Observation Reports

    Holders of an IHA must report, on a weekly basis, observations of 
sea otters during project activities. Information within the 
observation report will include, but is not limited to:
     Date, time, and location of each sighting.

[[Page 29905]]

     Number, sex, and age (if determinable).
     Observer name, company name, vessel name or aircraft 
number, letter of authorization number, and contact information.
     Weather, visibility, and sea conditions at the time of 
observation.
     Estimated distance from the animal or group when initially 
sighted, at closest approach, and end of the encounter.
     Industry activity at time of sighting and throughout the 
encounter. If a seismic survey, record the estimated ensonification 
zone where animals are observed.
     Behavior of animals at initial sighting, any change in 
behavior during the observation period, and distance from Industry 
activity associated with those behavioral changes.
     Detailed description of the encounter.
     Duration of the encounter.
     Duration of any behavioral response (e.g., diving, 
swimming, splashing, etc.).
     Mitigation actions taken.
    Activity reports will be submitted to the Service within 72 hours 
of completing each of the three activities (rig tow, pipe driving, and 
VSP).

Monthly Observation Reports

    The monthly report will contain and summarize the following 
information pertaining to sea otters as appropriate:
     Dates, times, locations, heading, speed, weather, sea 
conditions (including Beaufort Sea state and wind force), and 
associated activities during all seismic operations and marine mammal 
sightings.
     Species, number, location, distance from the vessel, and 
behavior of any sighted marine mammals, as well as associated seismic 
activity (number of power-downs and shutdowns), observed throughout all 
monitoring activities.
     A description of the implementation and effectiveness of 
the mitigation measures of the IHA.

After-Action Monitoring Reports

    The results of monitoring efforts identified in the 4MP must be 
submitted to the Service for review within 90 days of the expiration 
date of the IHA.
    The report must include, but is not limited to, the following 
information:
     A summary of monitoring effort including: Total hours, 
areas/distances, and distribution of sea otters through the project 
area of each rig, vessel, and aircraft.
     Analysis of factors affecting the visibility and 
detectability of sea otters by specified monitoring.
     Analysis of the distribution, abundance, and behavior of 
sea otter sightings in relation to date, location, sea conditions, and 
operational state.
     Estimates of take based on the number of animals 
encountered/km of vessel and aircraft operations by behavioral response 
(no response, moved away, dove, etc.), and animals encountered per day 
by behavioral response for stationary drilling operations.
     Raw data in electronic format (i.e., Excel spreadsheet) as 
specified by the Service in consultation with Industry representatives.
     Sighting rates of sea otters during periods with and 
without airgun activities (and other variables that could affect 
detectability).
     Initial sighting distances versus airgun activity state 
(firing, powered down, or shut-down).
     Closest point of approach versus airgun activity state.
     Observed behaviors and types of movements versus airgun 
activity state.
     Numbers of sightings/individuals seen versus airgun 
activity state.

Findings

    The Service proposes the following findings regarding this action:
Small Numbers Determination and Estimated Take by Incidental Harassment
    For small take analysis, the statute and legislative history do not 
expressly require a specific type of numerical analysis, leaving the 
determination of ``small'' to the agency's discretion. Factors 
considered in our small numbers determination include the following:
    (1) The number of northern sea otters inhabiting the proposed 
impact area is small relative to the size of the northern sea otter 
population. The potential exposures for the 2016 drilling period, based 
on otter density, is estimated to be 388 sea otters, or about 2.1 
percent of the stock. Taking into account that 15 percent of the sea 
otters are likely to dive while in the vicinity of the drill rig, the 
estimated number of exposures reduces to 58. However, because sea otter 
behavior is difficult to predict, the more conservative 388 sea otters 
potentially exposed is the requested authorization. This is 
approximately 2 percent of the estimated population size of 18,297 
(USFWS 2014).
    (2) The area where the proposed activities would occur is a 
relatively small fraction of the available habitat of the Southcentral 
Alaska stock of northern sea otters. Since sea otters typically inhabit 
nearshore marine areas, shoreline length is a readily available metric 
that can be used to quantify sea otter habitat. The total length of 
shoreline within the range of the Southcentral Alaska stock of northern 
sea otters is approximately 2,575 km (1,600 mi), of which 540 km (335.5 
mi) are located within Cook Inlet. Of that, the total length of 
shoreline for the proposed activities is approximately 60 km (37.3 mi), 
which is a small percentage of the total shoreline habitat available to 
the Southcentral sea otter stock. Any potential impacts to prey caused 
by the proposed activities would occur in the limited area of the 
shoreline habitat.
    (3) Monitoring requirements and mitigation measures are expected to 
limit the number of incidental takes. Level A harassment (harassment 
that has the potential to injure sea otters) is not authorized. If a 
sea otter was observed within or approaching the 190 dB exposure area 
of the various gun arrays, avoidance measures would be taken, such as 
decreasing the speed of the vessel and/or implementing a power down or 
shutdown of the airguns. Power-up and ramp-up procedures would prevent 
Level A harassment and limit the number of incidental takes by Level B 
harassment by affording time for sea otters to leave the area. 
Monitoring and mitigation measures are thus expected to prevent any 
Level A harassment and to minimize Level B harassment. Further, 
monitoring and reporting of sea otter activity in proximity to 
activities will allow the Service to reanalyze and possibly refine and 
adjust future take estimates as exploration activities continue in sea 
otter habitat into the future.
    The mitigation measures outlined above are intended to minimize the 
number of sea otters that may be disturbed by the proposed activity. 
Any impacts on individuals are expected to be limited to Level B 
harassment and to be of short-term duration. No take by injury or death 
is anticipated or authorized. Should the Service determine, based on 
the monitoring and reporting to be conducted throughout the survey 
activities, that the effects are greater than anticipated, the 
authorization may be modified, suspended, or revoked.

Negligible Impact

    The Service finds that any incidental ``take by harassment'' that 
may result from this proposed seismic survey 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, and would, therefore, have no more than a negligible impact 
on the stock. In making this finding, we considered the

[[Page 29906]]

best available scientific information, including: (1) The biological 
and behavioral characteristics of the species; (2) the most recent 
information on distribution and abundance of sea otters within the area 
of the proposed activity; (3) the potential sources of short-term 
disturbance during the proposed activity; and (4) the potential 
response of sea otters to this short-term disturbance. In addition, we 
conducted a thorough review of material supplied by the applicants, 
information from other operators in Cook Inlet, our files and datasets, 
data acquired from NMFS, and published reference materials. We also 
consulted with other sea otter experts in the Cook Inlet area, 
including the Service and NMFS researchers and local residents.
    Limited evidence (Riedman 1983, 1984) suggests that sea otters are 
not particularly sensitive to or adversely affected by sound. Responses 
of sea otters to disturbance would most likely be diving and/or 
swimming away from the sound source, which may entail the temporary, 
but not sustained, interruption of foraging, breeding, resting, or 
other natural behaviors. Thus, although 388 sea otters (around 2 
percent of the population) are estimated to be potentially taken (i.e., 
potentially disturbed) by Level B harassment by means of exposure to 
sound levels of 160 dB or greater but less than 190 dB for the duration 
of the project, we do not expect that this type of harassment would 
result in adverse effects on the species or stock through effects on 
annual rates of recruitment or survival.
    Our finding of negligible impact applies to incidental take 
associated with the proposed activities as mitigated through this 
authorization process. This authorization establishes monitoring and 
reporting requirements to evaluate the potential impacts of the 
proposed activities, as well as mitigation measures designed to 
minimize interactions with, and impacts to, sea otters.

Impact on Subsistence

    We find that the anticipated harassment caused by the proposed 
activities would not have an unmitigable adverse impact on the 
availability of sea otters for taking for subsistence uses. In making 
this finding, we considered the timing and location of the proposed 
activities and the timing and location of subsistence harvest 
activities and patterns, as reported through the MTRP, in the proposed 
project area, as well as the applicants' consultation with potentially 
affected subsistence communities. More information can be found on our 
Web site at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
    The Service finds that the proposed activities will have a 
negligible impact on small numbers of sea otters in Southcentral Alaska 
and will not have an unmitigable adverse impact on the availability of 
the stock for subsistence uses. Further, we have prescribed permissible 
methods of take, means to have the least practicable impact on the 
stock and its habitat, and monitoring requirements.

Required Determinations

National Environmental Policy Act (NEPA)

    We have prepared a draft Environmental Assessment (EA) (see Public 
Comments above) in accordance with the NEPA (42 U.S.C. 4321 et seq.). 
We have preliminarily concluded that approval and issuance of this 
authorization for the nonlethal, incidental, unintentional take by 
Level B harassment of small numbers of northern sea otters in the 
Southcentral Alaska stock during oil and gas industry exploration 
activities in the lower Cook Inlet of Alaska would not significantly 
affect the quality of the human environment, and that the preparation 
of Environmental Impact Statements on these actions is not required by 
section 102(2) of the NEPA or its implementing regulations.

Endangered Species Act

    Oil and gas exploration in U.S. waters is authorized by The Bureau 
of Ocean Energy Management, Regulation and Enforcement. All Federal 
agencies are required to ensure the actions they authorize are not 
likely to jeopardize the continued existence of any threatened or 
endangered species or result in destruction or adverse modification of 
critical habitat. The proposed oil and gas activities will occur 
entirely within the range of the Southcentral Alaska stock of the 
northern sea otter, which is not listed as threatened or endangered 
under the ESA. Though it is not a focal species subject to the issuance 
of this IHA, it is worth noting that the federally listed threatened 
Steller's eiders (Polysticta stelleri) have molting and wintering range 
that includes the Cook Inlet. However, during the time period of the 
proposed project, it is highly unlikely that any Steller's eider will 
be present in the action area. Additionally, even in the unlikely event 
that a Steller's eider is present; the issuance of an IHA for 
BlueCrest's proposed seismic surveys will not have any impact on the 
species. Thus, the Service's proposed issuance of an IHA will have no 
effect on Steller's eiders and no additional ESA consultation will be 
necessary.

Government-to-Government Relations With Native American Tribal 
Governments

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, Department of the 
Interior Secretarial Order 3225 of January 19, 2001 (Endangered Species 
Act and Subsistence Uses in Alaska (Supplement to Secretarial Order 
3206)), Department of the Interior Secretarial Order 3317 of December 
1, 2011 (Tribal Consultation and Policy), Department of the Interior 
Memorandum of January 18, 2001 (Alaska Government-to-Government 
Policy), the Department of the Interior's manual at 512 DM 2, and the 
Native American Policy of the U.S. Fish and Wildlife Service, January 
20, 2016, we readily acknowledge our responsibility to communicate and 
work directly on a Government-to-Government basis with federally 
recognized Alaska Natives Tribes in developing programs for healthy 
ecosystems, to seek their full and meaningful participation in 
evaluating and addressing conservation concerns for listed species, to 
remain sensitive to Alaska Native culture, and to make information 
available to Alaska Natives.
    Furthermore, and in accordance with Department of the Interior 
Policy on Consultation with Alaska Native Claims Settlement Act of 1971 
(ANCSA) Corporations, August 10, 2012, we likewise acknowledge our 
responsibility to communicate and work directly with ANCSA Corporations 
in evaluating and addressing conservation concerns for listed species, 
to remain sensitive to Alaska Native culture, and to make information 
available to ANSCA Corporations. We have evaluated possible effects on 
federally recognized Alaska Native Tribes. Through the IHA process 
identified in the MMPA, Industry presents a communication process, 
culminating in a Plan of Cooperation (POC), if warranted, with the 
Native communities most likely to be affected and engages these 
communities in numerous informational meetings.
    Through various interactions and partnerships, we have determined 
that the issuance of this IHA is appropriate. We are open to discussing 
ways to continually improve our coordination and information exchange, 
including through the IHA/POC process, as may be requested by Tribes or 
other Native groups.

[[Page 29907]]

Proposed Authorization

    The Service proposes to issue BlueCrest an IHA for the nonlethal, 
incidental, unintentional take by Level B harassment of small numbers 
of northern sea otters (Enhydra lutris kenyoni) in the Southcentral 
Alaska stock during industry exploration activities in the lower Cook 
Inlet of Alaska, as described in this document and in their petition. 
We neither anticipate nor propose authorization for take by injury or 
death. The final IHA would be effective immediately after the date of 
issuance through October 31, 2016.
    The final IHA will also incorporate the mitigation, monitoring, and 
reporting requirements described in this proposal. The applicant will 
be expected and required to implement and fully comply with those 
requirements. The IHA will not authorize the intentional take of 
northern sea otters, nor take by injury or death.
    If the nature or level of activity changes or exceeds that 
described in this proposal and in the IHA petition, or the nature or 
level of take exceeds that projected in this proposal, the Service will 
reevaluate its findings. The Secretary may modify, suspend, or revoke 
this authorization if the findings are not accurate or the mitigation, 
monitoring, and reporting requirements described herein are not being 
met.

Karen P. Clark,
Acting Regional Director, Alaska Region.
[FR Doc. 2016-11426 Filed 5-12-16; 8:45 am]
 BILLING CODE 4333-55-P