[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54088-54089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23405]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG537


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Oil and Gas Activities in Cook Inlet, Alaska

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

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

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from Hilcorp Alaska, LLC (Hilcorp) 
for authorization to take small numbers of marine mammals incidental to 
oil and gas activities in Cook Inlet, 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 
the 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 
the Hilcorp's application and request.

DATES: Comments and information must be received no later than November 
26, 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].
    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: Sara Young, 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/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas.htm. 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

[[Page 54089]]

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 September 29, 2018, NMFS received an adequate and complete 
application from Hilcorp requesting authorization for take of marine 
mammals incidental to oil and gas activities in Cook Inlet, Alaska. The 
requested regulations would be valid for five years, from April 1, 2019 
through March 31, 2024. Hilcorp's plans to conduct necessary work, 
including 2D and 3D seismic surveys, geohazard surveys, vibratory sheet 
pile driving, and drilling of exploratory well. The proposed action may 
incidentally expose marine mammals occurring in the vicinity to sources 
of harassment, particularly through elevated levels of underwater sound 
in the marine environment, thereby resulting in incidental take, by 
Level A and Level B harassment. Therefore, Hilcorp requests 
authorization to incidentally take marine mammals.

Specified Activities

    Hilcorp owns and operates in over 29 oil and has field production 
facilities, including several located in Cook Inlet. Hilcorp plans to 
continue to conduct exploration and production activities in Cook 
Inlet. The petition includes all four stages of oil and gas activities: 
Exploration, development, production, and decommissioning. The work 
expected to span five years includes: 30 days of 2D seismic survey, 45-
60 days of 3D seismic survey, geohazard surveys in the Outer Continenal 
Shelf (OCS) (30 days), middle Cook Inlet subseawall area (14 days), and 
Trading Bay (30 days), exploratory wells in the OCS (40-60 days per 
well, 2-4 wells annually for three years) and Trading Bay (120-150 
days), Iniskin Peninsula exploration and development (180 days annually 
for two years), platform and pipeline maintenance (180 days annually 
for five years), middle Cook Inlet well abandonment (90 days), and 
Drift River terminal decommissioning (120 days). Eleven species of 
marine mammal are known to occur in Cook Inlet: Eight cetacean species 
and three pinniped species. Of those species, the Northeastern Pacific 
stock of fin whale, Western North Pacific stock of humpback whale, Cook 
Inlet stock of beluga whale, and Western Distinct Population of Steller 
sea lion are listed as Endangered under the Endangered Species Act.

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: October 22, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-23405 Filed 10-25-18; 8:45 am]
 BILLING CODE 3510-22-P