[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Pages 21276-21277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09904]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG218


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction and Operation of the Liberty Drilling and 
Production Island, Beaufort Sea, Alaska

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

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from Hilcorp Alaska, LLC (Hilcorp) 
for authorization to take small numbers of marine mammals incidental to 
the construction and operation of the Liberty Drilling and Production 
Island (LDPI) in Foggy Island Bay, Beaufort Sea, Alaska, over the 
course of five years from the date of issuance. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of Hilcorp's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on Hilcorp's application and request.

DATES: Comments and information must be received no later than June 8, 
2018.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent to [email protected].

[[Page 21277]]

    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at https://www.fisheries.noaa.gov/node/23111 without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 427-8401. An electronic copy of the Hilcorp's 
application may be obtained online at https://www.fisheries.noaa.gov/node/23111. In case of problems accessing these documents, please call 
the contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On April 26, 2018, NMFS received an adequate and complete 
application from Hilcorp requesting authorization for take of marine 
mammals incidental to construction, drilling, and production activities 
related to the construction and operation of the LDPI in Foggy Island 
Bay, Alaska. The requested regulations and LOA would be valid for five 
years from November 1, 2019 through October 31, 2024. Hilcorp plans to 
conduct necessary work, including impact and vibratory pile driving, 
ice road construction, drilling, and production to construct, install, 
and operate the LDPI. The proposed action may incidentally expose 
marine mammals occurring in the vicinity to elevated levels of 
underwater sound and human presence, thereby resulting in incidental 
take, by Level A and Level B harassment of cetaceans and pinnipeds, and 
potentially mortality of pinnipeds (from ice road construction) in 
Foggy Island Bay. Therefore, Hilcorp requests authorization to 
incidentally take marine mammals.

Specified Activities

    Hilcorp is proposing to develop the Liberty Oil Field reservoir, 
located on the Outer Continental Shelf in Foggy Island Bay, Beaufort 
Sea, Alaska. Total recovery over an estimated field life of 15 to 20 
years is predicted to be in the range of 80 to 150 million stock tank 
barrels of oil. To extract the oil, Hilcorp is proposing to construct a 
9.3 acre artificial island (the LDPI) in 19 feet (5.8 meters) of water 
in Foggy Island Bay, approximately 5 miles (8 kilometers) north of the 
Kadleroshilik River and install supporting infrastructure (e.g., ice 
roads, pipeline). Ice roads would be constructed annually and begin 
November 2019 (execute year 1). Island construction, which requires 
impact and vibratory pile driving, is proposed to take place in 2020 
(or execute year 2 of the project). Pile driving would primarily occur 
during ice-covered season; however, up to two weeks of pile driving may 
occur during the open-water season. Pipeline installation is 
anticipated to occur in 2021 (or execute year three of the project). 
Drilling is proposed to occur from 2021 through 2024 (or execute years 
three through five). These activities have the potential to harass 
bowhead whales (Balaena mysticetus), gray whales (Eschrichtius 
robustus), beluga whales (Delphinapterus leucas), ringed seals (Phoca 
hispida), bearded seals (Erignathus barbatus), and spotted seals (Phoca 
largha). Ice road construction may also result in the mortality of 
ringed seals.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning Hilcorp's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by Hilcorp, if appropriate.

    Dated: May 4, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-09904 Filed 5-8-18; 8:45 am]
 BILLING CODE 3510-22-P