[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11951-11952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03981]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE668
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Hilcorp Alaska, LLC 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.
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SUMMARY: NMFS has received a request from the 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 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 April
14, 2025.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and should be submitted
via email to [email protected]. An electronic copy of the
application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas. In case of problems accessing these documents, please call the
contact listed below.
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, 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/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas
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: Reny Tyson Moore, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (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 October 30, 2024, NMFS received an application from Hilcorp
requesting authorization for take of marine mammals incidental to oil
and gas exploration, development, production, and decommissioning
activities in Cook Inlet, Alaska. NMFS determined that the application
was adequate and complete on February 10, 2024. The requested
regulations would be valid for five years, from the date of issuance
through December 31, 2029. Hilcorp plans to conduct necessary work,
including tugs towing, holding, or positioning a jack-up rig, pile
driving, and pipeline replacement/installation activities. The exposure
of marine mammals occurring in the vicinity to underwater noise
generated by the activities could result in incidental take, by Level A
and Level B harassment. Therefore, Hilcorp requests authorization to
incidentally take marine mammals.
[[Page 11952]]
Specified Activities
Hilcorp plans to continue oil and gas exploration, development,
production, and decommissioning activities in Cook Inlet, Alaska, for
the reasonably foreseeable future. The work expected to span five years
includes up to 54 days of tugs towing, holding, or positioning a jack-
up rig in support of production drilling at existing platforms in
middle Cook Inlet and Trading Bay; up to 70 days of pile driving in
support of production well development at the Tyonek platform in middle
Cook Inlet; up to 6 days of tugs towing, holding, or positioning a
jack-up rig and up to 18 days of pile driving in support of exploration
drilling at two locations in the Middle Ground Shoal Unit in middle
Cook Inlet and one location between the Anna and Bruce platforms on the
northern border of Trading Bay; and up to 22 days of pipeline
replacement/installation, involving either pipe pulling or anchor
handling or a combination of both, at up to two locations in middle
Cook Inlet and/or Trading Bay. Hilcorp requests take of marine mammals
by Level B harassment for twelve marine mammal species (including Cook
Inlet beluga whales (Delphinapterus leucas)), and take by Level A
harassment of nine marine mammal species.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the 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: March 7, 2025.
Kimberly Damon-Randall
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-03981 Filed 3-12-25; 8:45 am]
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