Taking and Importing Marine Mammals; Taking Ringed Seals Incidental to On-Ice Seismic Activities

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 970725179-7179-01; I.D. 071497A]

RIN 0648-AK33

Taking and Importing Marine Mammals; Taking Ringed Seals

Incidental to On-Ice Seismic Activities

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; receipt of a petition

for regulations and an application for a small take exemption; request

for comment and information.

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

SUMMARY: NMFS has received an application for renewal of a small take

exemption and implementing regulations from BP Exploration (Alaska)

(BPXA), on behalf of itself and several other oil exploration

companies, for a small take of marine mammals incidental to winter

seismic operations in the Beaufort Sea, Alaska. As a result of that

application, NMFS is considering whether to propose regulations that

would renew an authorization for the incidental taking of a small

number of marine mammals. In order to decide whether to promulgate

these regulations, NMFS must determine that the takings will have a

negligible impact on the affected species and stocks of marine mammals.

NMFS invites comment on the application and suggestions on the

structure and content of regulations, if the application is accepted.

DATES: Comments and information must be postmarked no later than

September 8, 1997.

ADDRESSES: Comments should be addressed to Chief, Marine Mammal

Division, Office of Protected Resources, NMFS, 1315 East-West Highway,

Silver Spring, MD 20910-3226. A copy of the application may be obtained

by writing to the above address, or by telephoning one of the persons

below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-2055

or Brad Smith, Western Alaska Field Office, NMFS, (907) 271-5006.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C.

1361 et seq.) (MMPA) directs the Secretary of Commerce (Secretary) 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 regulations are issued.

Permission may be granted for periods of 5 years or less if the

Secretary 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

regulations are prescribed setting forth the permissible methods of

taking and the requirements pertaining to the monitoring and reporting

of such taking.

Summary of Application

On July 11, 1997, NMFS received an application for an incidental,

small take exemption under section 101(a)(5)(A) of the MMPA from BPXA,

on behalf of itself, ARCO Alaska, Inc., Northern Geophysical of

America, Inc. and Western Geophysical Co. to renew the incidental take

regulations found in 50 CFR part 216, subpart J, that govern the taking

of ringed seals (Phoca hispida) incidental to seismic activities on the

ice, offshore Alaska, for a period of 5 years. The applicants state

that these activities are not likely to result in physical injuries to,

and/or death of, any individual seals. Because seals are expected to

avoid the immediate area around seismic operations, they are not

expected to be subject to potential hearing damage from exposure to

underwater or in-air sounds from the operations. Any takings of ringed

seals are anticipated to result from short-term disturbance by noise

and physical activity associated with the seismic operations.

The scope of the petition is limited to pre-lease and post-lease

seismic exploration activities in state waters and the Outer

Continental Shelf in the Beaufort Sea, offshore Alaska, during the ice-

covered seasons. Operations are usually confined to January through

May. These seismic surveys will be conducted using two types of energy

sources: (1) Vibroseis, which uses large trucks with vibrators mounted

on them, that systematically put variable frequency energy into the

earth and (2) waterguns or airguns carried by a sleigh or other

vehicle. Over the next 5-year period, the applicants expect that on-ice

seismic activity will cover approximately 22,500 line miles (4,500 line

miles/year). This compares to 13,247 line miles in the aggegate, during

the past 5-year period.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning the application for a small take exemption

and the structure and content of regulations if the application is

accepted. NMFS will consider this information in determining whether to

accept the application and, if so, in developing proposed regulations

to authorize the taking. If NMFS proposes regulations to allow this

take, interested parties will be given ample time and opportunity to

comment.

Dated: August 4, 1997.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97-20926 Filed 8-7-97; 8:45 am]

BILLING CODE 3510-22-F