Taking and Importing of Marine Mammals; Offshore Seismic Activities in the Beaufort Sea

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050196A]

Taking and Importing of Marine Mammals; Offshore Seismic

Activities in the Beaufort Sea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of issuance of an incidental harassment authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection

Act (MMPA) as amended, notification is hereby given that an Incidental

Harassment Authorization to take small numbers of bowhead whales and

other marine mammals by harassment incidental to conducting seismic

surveys in the Northstar Unit and nearby waters, in the Beaufort Sea in

state and federal waters has been issued to BP Exploration (Alaska) 900

East Benson Boulevard, Anchorage, AK 99519 (BPXA).

EFFECTIVE DATE: This authorization is effective from July 18, 1996,

until November 1, 1996, unless extended.

ADDRESSES: The application, authorization, revised monitoring plan, and

environmental assessment (EA) are available by writing to the Chief,

Marine Mammal Division, Office of Protected Resources, National Marine

Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-

3225, by telephoning one of the contacts listed below or by leaving a

voice mail request at (301) 713-4070.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of

Protected Resources, NMFS, (301) 713-

[[Page 38716]]

2055, Ron Morris, Western Alaska Field Office, NMFS, (907) 271-5006.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)

directs the Secretary of Commerce to allow, upon request, the

incidental, but not intentional taking 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, notice of a proposed authorization is provided to the

public for review.

Permission may 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, and the permissible methods of taking

and requirements pertaining to the monitoring and reporting of such

taking are set forth.

On April 10, 1996 (61 FR 15884), NMFS published an interim rule

establishing, among other things, procedures for issuing incidental

harassment authorizations under section 101(a)(5)(D) of the MMPA in

Arctic waters. For additional information on the procedures to be

followed for this authorization, please refer to that document.

Summary of Request

On March 18, 1996, NMFS received an application from BPXA

requesting an authorization for the harassment of small numbers of

several species of marine mammals incidental to conducting seismic

surveys during the open water season in waters in the Northstar Unit

and in nearby waters, located in the U.S. Beaufort Sea. The survey is

expected to take place between approximately July 20 and October 20,

1996, but would continue longer if ice conditions permit. A detailed

description of the work planned is contained in the application and is

available upon request (see ADDRESSES).

Comments and Responses

On May 20 and 21, 1996, NMFS met in Seattle, WA, with the

applicant, the North Slope Borough, Minerals Management Service, and

the Alaska Eskimo Whaling Commission (AEWC) to discuss the proposed

monitoring plan. As a result of those discussions, the monitoring plan

that was submitted with the application was revised. The revised

monitoring plan that was submitted to NMFS and participants on June 11,

1996 was reviewed by a peer-review committee on or about June 1, 1996.

This document is available upon request (see ADDRESSES).

A notice of receipt of the application and proposed authorization

was published on May 28, 1996 (61 FR 26501) and a 30-day public comment

period was provided on the application and proposed authorization.

During the comment period, the comments received were from the

applicant, the Marine Mammal Commission (MMC), the peer-review

committee for the monitoring plan, and from one scientist retained by

the AEWC. The comments of the applicant pertained to minor corrections

to the proposed authorization notice, most notably that the survey is

an ocean bottom cable survey, not a seismic streamer survey, and that

ramp-up of the source, as proposed, was not technologically feasible.

As a result, the ramp-up requirement has been modified to mandate that

the procedure begin by firing the smallest gun first, and then adding

additional guns in sequence until the full array is firing. Comments by

the reviewers mentioned above that discuss issues pertaining to the

contents of the monitoring plan, and the composition of the peer-review

monitoring team, are not discussed further because these comments are

limited either to procedures for conducting surveys and processing

data, or events that have been completed, and not on the potential

impact on marine mammals from the survey. Comments by the MMC

concerning impacts and assessments of marine mammal takes are addressed

below. Additional information on the activity and authorization request

can be found in the proposed authorization notice and is not repeated

here.

Comment 1: Noise from the seismic source may not be the sole source

for marine mammal harassment. Noise from seismic and support vessels

and aircraft may also result in noise.

Response: Noise from these identified sources is recognized as a

secondary source for potential harassment of marine mammals. These

sources are authorized under the incidental harassment authorization.

The monitoring program addresses monitoring for this source of

potential taking.

Comment 2: The documents seem to assume that there is no risk of

marine mammals being hit and killed or injured by any of the vessels or

becoming entangled and killed or injured in the airgun arrays. The MMC

recommends that the authorization is automatically suspended if a

marine mammal is hit and killed by vessels.

Response: The potential for a marine mammal strike by seismic

vessels and support vessels is exceedingly small. As mentioned

previously, OBC surveys do not employ hydrophone arrays, therefore,

injury or death by arrays will not occur. Because: (1) few, if any,

marine mammals are expected in the area during the time of the survey,

(2) the vessels are underway at low speeds while laying or pulling OBC

cable or conducting surveys, and (3) documented observations indicate

that bowhead and gray whales avoid active seismic survey areas, a whale

strike is not likely to occur. If a whale strike occurred, NMFS would

investigate the incident and take appropriate action.

Comment 3: The MMC recommends that NMFS and the applicant ensure

that the observers will be able to see marine mammals within the

designated safety radii around the airgun whenever the arrays are

operating.

Response: Observers will monitor the safety zones and zones of

potential harassment around the source whenever visibility permits.

Harassment assessments will be made based upon percentage of time spent

observing in relation to total time for seismic operations. For the

reasons provided in comment 2 above, few, if any, marine mammals are

expected to approach the vessel and therefore, terminating surveys at

night and during inclement weather is not warranted.

Consultation

Under section 7 of the Endangered Species Act, NMFS has completed

consultation on the issuance of this authorization.

National Environmental Policy Act

In conjunction with the proposed notice, NMFS released an EA that

addressed (1) the impacts on the human environment from issuance of the

authorization, and (2) the alternatives to the proposed action. The EA

also determined that the issuance of an Incidental Harassment

Authorization would not have a significant impact on the human

environment. No comments were received on the EA during the comment

period, and, as a result, NMFS has issued a Finding of No Significant

Impact for the issuance of an Incidental Harassment Authorization to

BPXA. A copy of the EA is available upon request (see ADDRESSES).

Conclusions

NMFS has determined that the short-term impact of conducting

seismic surveys in and near the Northstar Unit

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of the Beaufort Sea will result, at worst, in a temporary modification

in behavior by certain species of cetaceans. While behavioral

modifications may be made by these species of cetaceans to avoid the

resultant noise, this behavioral change is expected to have a

negligible impact on the animals.

The number of potential incidental harassment takes will depend on

the distribution and abundance of marine mammals (which vary annually

due to variable ice conditions and other factors) in the area of

seismic operations. Due to the distribution and abundance of marine

mammals during the projected period of activity and the location of the

proposed seismic activity in waters generally too shallow and distant

from the edge of the pack ice for most marine mammals of concern, the

number of potential harassment takings is estimated to be small. In

addition, no take by injury and/or death is anticipated, and the

potential for temporary or permanent hearing impairment will be avoided

through incorporation of the mitigation measures described in the

authorization.

Because bowhead whales are east of the seismic area in the Canadian

Beaufort Sea until late August/early September, seismic activities are

not expected to impact subsistence hunting of bowhead whales prior to

that date. After September 1, 1996, BPXA will initiate aerial survey

flights for bowhead whale assessments. Appropriate mitigation measures

to avoid an unmitigable adverse impact on the availability of bowhead

whales for subsistence needs was the subject of consultation between

BPXA and subsistence users. As a result of discussions between the two

parties, a Plan of Cooperation has been concluded. This Plan consists

of three main components: (1) Communications, (2) conflict avoidance,

and (3) dispute resolution.

Summer seismic exploration in and near the Northstar Unit has a

small potential to influence seal hunting activities by residents of

Nuiqsut. However, NMFS believes that because (1) the peak sealing

season is during the winter months, (2) the main summer sealing is off

the Colville delta (west and inshore of Northstar), and (3) the zone of

influence by seismic sources on beluga and seals is fairly small, the

Northstar Unit seismic survey will not have an unmitigable adverse

impact on the availability of these stocks for subsistence uses.

Since NMFS is assured that the taking will not result in more than

the incidental harassment (as defined by the MMPA Amendments of 1994)

of small numbers of certain species of marine mammals, would have only

a negligible impact on these stocks, will not have an unmitigable

adverse impact on the availability of these stocks for subsistence

uses, and would result in the least practicable impact on the stocks,

NMFS has determined that the requirements of section 101(a)(5)(D) have

been met and the authorization can be issued.

Authorization

Accordingly, NMFS has issued an incidental harassment authorization

to BPXA for the above described seismic survey during the 1996 open

water season provided the mitigation, monitoring and reporting

requirements described in the authorization are undertaken.

Dated: July 18, 1996.

Patricia A. Montanio,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96-18896 Filed 7-24-96; 8:45 am]

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