Small Takes of Marine Mammals Incidental to Specified Activities; Oil and Gas Exploration Drilling Activities in the Beaufort Sea

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 070197A]

Small Takes of Marine Mammals Incidental to Specified Activities;

Oil and Gas Exploration Drilling Activities in the Beaufort Sea

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application and proposed authorization for

a small take exemption; request for comments.

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

SUMMARY: NMFS has received a request from ARCO Alaska, Inc., (ARCO) for

an authorization to take small numbers of marine mammals by harassment

incidental to exploration drilling activities in Camden Bay, Beaufort

Sea in waters off Alaska. Under the Marine Mammal Protection Act

(MMPA), NMFS is requesting comments on its proposal to authorize ARCO

to incidentally take, by harassment, small numbers of ringed, bearded,

and spotted seals and possibly, bowhead and beluga whales, in the above

mentioned area between August 1997 and August 1998.

DATES: Comments and information must be received no later than August

14, 1997.

[[Page 37882]]

ADDRESSES: Comments on the application should be addressed to Michael

Payne, Chief, Marine Mammal Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. A copy of

the application, an environmental assessment (EA) and a list of

references used in this document may be obtained by writing to this

address or by telephoning one of the contacts listed below.

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

Protected Resources, NMFS, (301) 713-2055, Brad Smith, 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 for

activities in Arctic waters, including requirements for peer-review of

a monitoring program and a plan of cooperation between the applicant

and affected subsistence users. For additional information on the

procedures to be followed for this authorization, please refer to that

document.

Summary of Request

On May 30, 1997, NMFS received an application from ARCO requesting

a 1-year authorization for the possible harassment of small numbers of

several species of marine mammals incidental to moving a Concrete

Island Drilling System (CIDS) from Prudhoe Bay to Camden Bay, Alaska

and drilling an oil exploration well at that location during the

winter, 1997/98. Essentially, the project has several stages as

summarized below:

(a) Deballast the bottom-founded Global Marine Drilling Co.

``Glomar Beaufort Sea #1'' CIDS and move it to the well site in Camden

Bay on or about August 15, 1997;

(b) Transport drilling supplies, materials and other equipment to

the CIDS. Transport fuel from Canada to the site;

(c) Warm shutdown mode until such time as ice in Camden Bay is

fully formed (estimated to be around November 1, 1997). Crew change via

helicopter during this and succeeding times;

(d) Drilling operations after ice formation on or around November

1, 1997. Drilling and well testing operations may occur from that date

through mid-May 1998;

(e) Cold shutdown mode from completion of drilling and well testing

operations until around July 1, 1998; and

(f) Towing CIDS from Camden Bay by tug boats to Prudhoe Bay or

another location.

A more detailed description of the work planned is contained in the

application (ARCO 1997) and is available upon request (see ADDRESSES).

Description of Habitat and Marine Mammals Affected by the Activity

A detailed description of the Beaufort Sea ecosystem and its

associated marine mammals can be found in several documents (NMFS 1996,

Minerals Management Service (MMS) 1992, 1996; NMFS 1989) and need not

be repeated here.

Marine Mammals

The Beaufort/Chukchi Seas support a diverse assemblage of marine

mammals including bowhead whales (Balaena mysticetus), gray whales

(Eschrichtius robustus), beluga (Delphinapterus leucas), ringed seals

(Phoca hispida), spotted seals (Phoca largha) and bearded seals

(Erignathus barbatus). Descriptions of the biology and distribution of

these species, and others, can be found in several other documents (LGL

and Greeneridge 1996, 1997, Lentfer 1988, MMS 1992, NMFS 1989, 1990 and

1996, Small and DeMaster 1995). Please refer to those documents for

information on the biology, distribution and abundance of these

species.

Potential Impacts on Marine Mammals

Disturbance by noise is the principal means for potential takings

by harassment by this activity. Vessels, aircraft, and drilling

activities all provide potential sources for the harassment of marine

mammals by noise at the activity site. These are summarized below.

Potential Harassment by Vessel Noise

No specific acoustic characterization of the CIDS under tow has

been undertaken. However, the tow is performed by three ocean-going

tugs of a type that are commonly used for transport activities in the

Beaufort (e.g., the various sealifts to the oil fields, re-supply of

offshore drilling operations, annual barge lifts to coastal

communities).

Detailed information about noise levels produced by marine traffic

employing comparable vessels in the Beaufort Sea is available elsewhere

(Malme et al. 1989, Richardson and Malme 1993, Richardson et al.

(1995)) and is incorporated here by reference. In summary, bowheads

show avoidance reactions, at times being displaced by as much as a few

kilometers (km) (Richardson et al. 1993), to ships and boats that

proceed directly toward them but then frequently return to whatever was

their behavior aspect (swimming, feeding, resting, etc), once the

source of the disturbance has passed (Richardson and Malme 1993).

Bowheads that are actively engaged in social interactions or mating may

be less responsive to boats (Wartzok et al. 1989, Richardson and Malme

1993). Wartzok et al. (1989) also found that bowheads >1,640 ft (>500

m) to the side of or behind a small ship seemed unaffected and that

bowheads often approached within 329-1640 ft (100-500 m) when the ship

was not maneuvering toward the whales. Approximately 1 percent of

bowheads (based on subsistence harvested animals) show scars from

collisions with vessel propellers (George et al. 1994).

In addition to tugs moving the CIDS, additional vessel traffic will

consist of barges transporting drilling supplies from Prudhoe Bay and

fuel from a port in the Canadian Arctic. An estimated ten barge loads

(two barges at five loads per barge) of material will travel after the

CIDS to the well location from Prudhoe Bay, AK. These barges will

contain the drilling supplies and other materials needed to support the

operation through the 1997/98 winter drilling season. After offloading

at the CIDS on or about September 1, 1997, they will return to Prudhoe

Bay area. This activity is expected to occur from about August 27, 1997

to about September 9, 1997, weather permitting.

[[Page 37883]]

In addition to the above barges, there will be two barge loads (one

barge/two loads) traveling from the Canadian Beaufort Sea area westward

to the CIDS to provide fuel for the upcoming drilling operations. The

barge will offload the fuel at the CIDS and return to Canada area as

soon as fuel transfer operations are completed. This activity is

expected to occur from about August 27 through September 9, 1997,

weather permitting.

There is no evidence from past monitoring programs in the Beaufort

Sea that marine traffic of the type discussed above causes avoidance

reactions in those seal species which may be present in the area.

Beluga whales, which migrate through the Beaufort Sea, but far to the

north of the activity, have shown strong avoidance at great distances

from tugboats, especially in spring (Richardson et al. 1995).

Potential Harassment by Aircraft Noise

Crew changes and supplies of fresh food will be handled by

helicopter(s) based in Deadhorse, AK. Helicopters have the potential to

harass marine mammals. However, because these flights will fly mostly

over land, any potential harassment is expected to be limited to seals

inhabiting shore-fast ice. Ringed and bearded seals hauled out on ice

often dive when approached by low flying aircraft or helicopters (Harbo

1972, Burns and Frost 1979, and Allison 1981 as reported in Richardson

et al. 1995) but do not always do so (e.g., Burns et al. 1982).

As detailed in Richardson et al. (1995), reactions of ringed seals

concealed in subnivean lairs (below snow on ice) varied with aircraft

altitude and lateral distance (Kelly et al. 1986). Radiotelemetry

showed that some seals left the ice when a helicopter was at an

altitude 1,000 ft (Pa @ 1 m) at a range of 912 ft (278

m) with running generators as the only significant source of man-made

sounds from the operations during this period (Hall and Francine 1991).

Hall and Francine (1989) report that 13 bowhead whales approached to

within 656 ft (200 m) of a stationary drilling platform in 1989 while

it was in a quiet mode.

Once freeze-up is completed, drilling operations can begin. Hall

and Francine (1991) measured the SPL from a CIDS in the Beaufort Sea at

134-137 dB (re 1 Pa @ 1 m) after freeze-up at 656 ft (200 m)

and 89 dB at 0.87 mi (1.4 km) (Richardson et al. 1995). While SPLs at

this level of intensity are considered by NMFS to be too low to be

injurious to pinnipeds, there may be some effects in the immediate

vicinity of the CIDS due either to associated sounds, human activity,

or the structure itself. Frost and Lowry (1988), for example, found in

springtime that densities of ringed seals were reduced within 2.3 mi

(3.7 km) of artificial islands, on some of which drilling was underway.

Alternatively, the creation of polynas (areas of open water) in the

wake of artificial islands, bottom founded structures, or occurring

naturally, could attract seals. This attraction could lead to increased

mortality by predating polar bears, which, by spring, could lead to a

local decrease in the seal population.

Potential Effects on Subsistence Needs

Provided the mitigation measures described below are followed, NMFS

has not identified any unmitigable adverse impacts on the availability

of the species or stock(s) for subsistence needs. The CIDS will be

placed on location by September 1, 1997, prior to the beginning of the

annual bowhead whaling season. Also, since no drilling operations will

be conducted until after freeze-up, there will be only minimal noise

generated from the rig that could influence, or otherwise impact,

subsistence whaling operations. It should be noted that the CIDS

location is approximately 35 mi (56.3 km) west of the Kaktovik and 100

mi (161 km) east of the Nuiqsut communities.

Potential Effect on Habitat

The CIDS is a mobile offshore drilling unit that has a

``footprint'' of 295 ft (90 m) X 312.5 ft (95.25 m). The temporary loss

of this area is negligible when compared to the size of the nearshore

Beaufort Sea. When drilling and well-testing operations are completed,

the well will be plugged and abandoned in accordance with MMS and

Alaska Oil and Gas Conservation Commission regulations. This

abandonment will leave the project area in essentially an unmodified

condition, since there will be no wellhead or other structures

remaining above the ocean floor. In the unlikely event that there is a

significant oil spill, ARCO has prepared an oil discharge prevention

and contingency plan (ODPCP) specifically for the Warthog #1

exploration well. The ODPCP is an extensive document that addresses

spill response, several spill scenarios, cleanup activities, and

numerous other aspects of oil spill prevention and response.

Potential Impacts on Polar Bears and Walrus

ARCO believes that small numbers of polar bears (Ursus maritimus)

and Pacific walrus (Odobenus rosmarus) may be present at various times

in the drilling area. As a result, ARCO applied for a Letter of

Authorization from the U.S. Fish and Wildlife Service (USFWS) for the

taking of these two species incidental to the Warthog #1 drilling

project. This authorization was granted by the USFWS on May 21, 1997,

under 50 CFR Part 18, subpart J.

Mitigation

Several mitigation measures to reduce the potential for marine

mammal harassment will be implemented by ARCO as part of their proposed

activity. These include:

(a) Moving the CIDS from Prudhoe Bay to Camden Bay prior to the

westward migration period for bowhead whales;

(b) Completion of supply and construction of the CIDS prior to the

start of the Kaktovik subsistence bowhead hunt;

(c) Maintaining the CIDS in a warm shutdown mode until such time as

ice in Camden Bay is fully formed (e.g., during the time period for

bowhead whale migration);

(d) Using the CIDS platform instead of a floating platform, or

semisubmersible platform eliminating the need for icebreaker vessels;

[[Page 37884]]

(e) Conducting drilling operations during winter months instead of

during the open water season as done in previous years;

(f) Maintaining the CIDS in a cold shutdown mode after completion

of drilling in May 1998; and

(g) Not moving the CIDS to Prudhoe Bay during the spring bowhead

migration period.

In addition to mitigation proposed by ARCO as part of their

application, NMFS will caution ARCO from conducting any activities

relating to the operation of the CIDS, to the extent practicable, in

the vicinity of ice pressure ridges or other areas where ringed seal

lairs may be present.

Monitoring

The monitoring program will consist of two phases:

Phase I-Open Water Season. Arco will utilize trained personnel

onboard the various transport vessels to conduct visual observations to

locate and assess the behavior of those six species of marine mammals

that are known to use the open-water area between Prudhoe Bay and

Camden Bay. The monitoring program will commence with the movement of

the CIDS to Camden Bay in mid- to late-August 1997 and will end at the

time that freeze-up of Camden Bay is complete. Observers will be

trained by a marine biologist (approved in advance by NMFS) and an

experienced Native marine mammal subsistence hunter. Both of these

individuals will accompany the vessels transporting the CIDS and will

remain with the CIDS until freeze-up. All marine mammal observations

will be provided daily to NMFS.

NMFS proposes, as part of this Authorization, if granted, to also

require the above-mentioned monitoring program during deballasting and

movement of the CIDS back to Prudhoe Bay, or another location. NMFS,

however, will require notification if the CIDS is to be moved to a

location other than between Camden Bay and Prudhoe Bay.

Phase II-Ice Season. Although not mentioned in the application,

monitoring during the ice-drilling season will also be necessary.

However, because of the low expectation of interactions with marine

mammals that are under the jurisdiction of NMFS, dedicated observers

are not considered necessary. As a result, NMFS proposes to require as

part of the Authorization that ARCO instruct the polar bear watchperson

to maintain a sightings-and-behavior log for seals that is separate

from the Polar Bear Sightings Log. This latter reporting requirement is

mandated by 50 CFR 18.27 and the Letter of Authorization issued to ARCO

by the USFWS on May 21, 1997.

NMFS does not propose to require any seal or whale monitoring

program during the cold shutdown phase.

Reporting

In addition to daily reporting via radio during the open water

season, NMFS proposes to require ARCO to submit two reports, the first

to be submitted 60 days after starting oil drilling for the open-water

monitoring period. The second report will be required 90 days after

completion of activities authorized for marine mammal takings.

Consultation

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

consultation on the proposed issuance of an incidental harassment

authorization. Consultation will be concluded upon completion of the

comment period and consideration of those comments in the final

determination on issuance of an authorization.

National Environmental Policy Act (NEPA)

In conjunction with this notice, NMFS has released an EA that

addresses the impacts on the human environment from issuance of the

authorization and the alternatives to the proposed action. A copy of

the EA is available upon request (see ADDRESSES).

Conclusions

NMFS has preliminarily determined that the short-term impact of

exploration drilling and related activities in the Beaufort Sea will

result, at worst, in a temporary modification in behavior by certain

species of pinnipeds, and possibly some individual bowhead or beluga

whales. While behavioral modifications may be made by these species of

marine mammals to avoid the resultant noise from tugs either towing the

CIDS or transporting supplies, or due to drilling activities, this

behavioral change is expected to have a negligible impact on the

animals.

While 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

activity area, the number of potential harassment takings is estimated

to be small. In addition, no take by injury and/or death is anticipated

and takes will be at the lowest level practicable due to incorporation

of the mitigation measures mentioned above. No rookeries, mating

grounds, areas of concentrated feeding, or other areas of special

significance for marine mammals occur within or near the planned area

of operations during the season of operations.

Because bowhead whales are east of the area in the Canadian

Beaufort Sea until late August/early September, moving the CIDS during

August is not expected to impact subsistence hunting of bowhead whales.

Appropriate mitigation measures to avoid an unmitigable adverse

impact on the availability of bowhead whales for subsistence needs is

expected to be the subject of consultation between ARCO and subsistence

users.

Proposed Authorization

NMFS proposes to issue an incidental harassment authorization to

ARCO for the possible harassment of small numbers of several species of

marine mammals incidental to moving a CIDS from Prudhoe Bay to Camden

Bay, Alaska and drilling an oil exploration well at that location

during the winter 1997/98, provided the above mentioned mitigation,

monitoring and reporting requirements are incorporated. NMFS has

preliminarily determined that the proposed activities would result in

the harassment of only small numbers of ringed seals, bearded seals,

spotted seals and, possibly bowhead and beluga whales; will have a

negligible impact on these marine mammal stocks; and will not have an

unmitigable adverse impact on the availability of these stocks for

subsistence uses.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning this request (see ADDRESSES).

Dated: July 9, 1997.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97-18463 Filed 7-14-97; 8:45 am]

BILLING CODE 3510-22-F