Small Takes of Marine Mammals Incidental to Specified Activities; Construction of an Offshore Platform in the Beaufort Sea

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092898C]

Small Takes of Marine Mammals Incidental to Specified Activities;

Construction of an Offshore Platform 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.

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SUMMARY: NMFS has received a request from the BP Exploration (Alaska),

900 East Benson Boulevard, Anchorage, AK 99519 (BPXA) for an

authorization to take small numbers of marine mammals by harassment

incidental to construction of an offshore oil platform and subsea

pipeline at Northstar in the Beaufort Sea in state waters. Under the

Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its

proposal to authorize BPXA to incidentally take, by harassment, small

numbers of marine mammals in the above mentioned area between December

1, 1998, and November 30, 1999.

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

25, 1998.

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 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 here. A copy of the draft environmental impact

statement (DEIS) may be obtained by contacting the U.S. Army Engineer

District, Alaska, Regulatory Branch, P.O. Box 898, Anchorage, AK 99506-

0898.

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

2055, Brad Smith, (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, a 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) and will not have an

unmitigable adverse impact on the availability of the species or

stock(s) for subsistence uses and that the permissible methods of

taking and requirements pertaining to the

[[Page 57097]]

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 (IHAs) under section 101(a)(5)(D) of the MMPA

for activities in Arctic waters. For additional information on the

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

document.

Summary of Request

On August 14, 1998, NMFS received an application from BPXA

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

of several species of marine mammals incidental to construction of the

Northstar development in the Alaskan Beaufort Sea. While a brief

description of the proposed activity is provided here, a more detailed

description of the activity and the expected impact can be found in the

application and DEIS (see ADDRESSES).

BPXA proposes to produce crude oil from the Northstar Unit, which

is located between 2 and 8 miles (mi)(3.2 and 12.9 kilometers (km))

offshore from Pt. Storkersen, AK. This unit is adjacent to the Prudhoe

Bay industrial complex and is approximately 54 mi (87 km) northeast of

Nuiqsut, a Native Alaskan community. The proposed construction activity

during the period of the proposed incidental harassment authorization

includes the construction of three ice roads, one from either West Dock

or Pt. McIntyre to a gravel mine site, a second from a gravel mine site

to Seal Island and a third from the shore crosisng of the pipeline

following the pipeline route to Seal Island; the construction of a

gravel island work surface for drilling and oil production facilities;

and two pipelines, one to transport crude oil and one for gas for field

injection. NMFS anticipates that this 1-year authorization will not be

continued into a second year (if necessary to complete construction)

but will instead be followed by a set of regulations and a Letter of

Authorization, under section 101(a)(5)(A) of the MMPA, governing

incidental takes of marine mammals from construction and operations of

the Northstar Development and other offshore oil and gas developments

in the U.S. Beaufort Sea. An application for a small take authorization

under section 101(a)(5)(A) of the MMPA is under development by BPXA.

Ice-covered Season: Ice road construction will take place during

the winter, 1998/99. Ice roads constructed inside the barrier islands

will be bottom-fast while ice roads offshore will be on artificially

thickened floating ice. Island construction will be at the location of

the existing man-made Seal Island. It is estimated that approximately

16,800 large-volume haul trips between the onshore mine site and a

reload area in the vicinity of Egg Island and 28,500 lighter dump truck

trips from Egg Island to Seal Island will be necessary to transport

construction gravel to Seal Island. An additional 300 truck trips will

be necessary to transport concrete-mat slope protection materials to

the island.

Two 10-inch (0.25 m)pipelines are planned. The offshore portions

will each be 6 mi (9.5 km) in length and will be constructed between

January and April, 1999. Both pipelines will be buried together in a

common trench and backfilled. Trenching will be done from thickened ice

using excavation and construction equipment. This work is expected to

be completed by the end of April.

Open-water Season: During the summer 1999, open water season, BPXA

expects to transport the drill rig(s) and some of the process and

production modules to Seal Island via ocean-going barges. In addition,

barges will also be used to support construction during the summer, and

helicopters will support drill rig installation until ice roads are

constructed next winter. Up to 75 barge trips are expected between

Prudhoe Bay and/or Endicott to Seal Island during the open water season

(July to September, 1999). By August 31, 1999, all island and pipeline

construction and sheet pile and slope protection installation

operations are expected to be completed. Operations during September

will be limited, and barge transport will be limited to waters west of

Cross Island, minimizing the possibility for interference with

subsistence hunting.

Some process and camp modules are scheduled to arrive from

Anchorage or the Prudhoe Bay area via sealift or local barge service on

approximately August 15, 1999, with offloading completed by August 21,

1999. A drill rig is scheduled to be moved by local barge to the island

for arrival by September 7, 1999, with offloading completed by

September 30, 1999. Construction activities may continue on the island

through the autumn and early winter of 1999. Activities on and near the

island during the period October through December will depend upon

progress up to that time. Some of the construction activities planned

for earlier months may need to continue during the autumn.

Description of Habitat and Marine Mammal Affected by the Activity

A detailed description of the Beaufort Sea ecosystem and its

associated marine mammals can be found in the DEIS prepared for this

authorization (Corps of Engineers (Corps), 1998). This information is

not repeated here but will be considered part of the record of decision

for this application. A copy of the DEIS is available upon request (see

ADDRESSES).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 of others can be found in several documents (e.g.,

Hill et al., 1997) including the BPXA application and the DEIS. Please

refer to those documents for information on these species. For the

purpose of making a determination that the taking by this activity will

have no more than a negligible impact on the species or stock(s) of

marine mammals and will not have an unmitigable adverse impact on the

availability of the species or stock(s) of marine mammals for

subsistence uses, NMFS adopts the information contained in these

documents as part of its record of decision. In addition to the species

mentioned in this paragraph, Pacific walrus and polar bears also have

the potential to be taken. Appropriate applications for taking these

species under the MMPA have been submitted to the U.S. Fish and

Wildlife Service by BPXA.

Potential Effects on Marine Mammals

Sounds and non-acoustic stimuli will be generated by vehicle

traffic, ice-cutting, pipeline construction, offshore trenching, gravel

dumping, sheet pile driving, and vessel and helicopter operations. The

sounds generated from the construction operations and associated

transportation activities will be detectable underwater and/or in air

some distance away from the area of the activity, depending upon the

nature of the sound source, ambient noise conditions, and the

sensitivity of the receptor. At times, some of these sounds are likely

to be strong enough to cause an avoidance or other behavioral

disturbance reaction by small numbers of marine mammals or to cause

masking of signals important to marine mammals. The type and

significance of behavioral reaction is likely to depend

[[Page 57098]]

on the species and season, and the behavior of the animal at the time

of reception of the stimulus, as well as the distance and level of the

sound relative to ambient conditions.

In winter and spring, on-ice travel and construction activities

will displace some ringed seals along the ice road and pipeline

construction corridors. BPXA plans to begin winter construction

activities prior to female ringed seals establishing birthing lairs

beginning in late March. The noise and general human activity will

displace female seals away from activity areas that could negatively

affect the female and young, if birth lairs were contstructed there. If

construction activities are initiated in previously undisturbed areas

after March 20, BPXA will be required to survey the area(s) to identify

and avoid ringed seal lairs by a minimum of 50 m (164 ft). Due to

mitigation and monitoring, it is not expected that any ringed seals

will be killed or seriously injured during this time.

During the open-water season, all six species of whales and seals

could potentially be exposed to vessel or construction noise and to

other stimuli associated with the planned operations. Vessel traffic is

known to cause avoidance reactions by whales at certain times

(Richardson et al., 1995). Pile driving, helicopter operations, and

possibly other activities may also lead to disturbance of small numbers

of seals or whales. In addition to disturbance, some limited masking of

whale calls or other low-frequency sounds potentially relevant to

bowhead whales could occur.

BPXA estimates that up to 219 ringed seals and 1 bearded seal may

be incidentally harassed during the ice-covered period. During the

open-water season, BPXA estimates that up to 319 ringed seals, 10

spotted seals, 26 bearded seals, 23 bowhead whales, 10 gray whales, and

250 beluga whales may be incidentally harassed. Because of residency,

some ringed seals may be taken by harassment more than once during this

period. Please refer to the application for the rationale supporting

these estimated harassment takes of individual animals.

Impacts on Affected Species

For a discussion on the anticipated effects of ships, boats,

aircraft, and construction activities at Northstar on marine mammals,

please refer to the application (BPXA, 1998). NMFS proposes to adopt

this information as a summarization of the best scientific information

available on this subject.

Effects of Activities on Habitat

The Northstar Development area is not known to be an area of

concentrated mating or feeding of any marine mammal species.

Anticipated impacts by Northstar construction on the habitat include

temporarily elevated noise levels, potential bottom disturbance due to

additional gravel placement on Seal Island and pipeline trenching

activities, and the permanent loss of approximately 86,130

m2 (926,250 ft2) of habitat due to island

reconstruction. These effects will be localized at the site of the

project.

Effects of Activities on Subsistence Needs

The disturbance and potential displacement of bowhead whales and

other marine mammals by sounds from vessel traffic and/or on-island

construction activities (e.g., impact hammering) are the principle

concerns related to subsistence use of the area. The harvest of marine

mammals (mainly bowhead whales, ringed seals, and bearded seals) is

central to the culture and subsistence economies of the coastal North

Slope communities (BPXA, 1998). In particular, if elevated noise levels

are displacing migrating bowhead whales farther offshore, this could

make the harvest of these whales more difficult and dangerous for

hunters. The harvest could also be affected if bowheads become more

skittish when exposed to vessel or impact-hammering noise (BPXA, 1998).

Construction activities and associated vessel and aircraft

(helicopter) support are expected to begin in December and continue

into October 1999, depending upon ice conditions. Few bowhead whales

approach the Northstar area before the end of August, and subsistence

whaling generally does not begin until after September 1 and occurs in

areas well east of the construction site. Therefore, a substantial

portion of the Northstar development will be completed when no bowhead

whales are nearby and when no whaling is underway. Insofar as possible,

vessel and aircraft traffic near areas of particular concern for

whaling will be completed by BPXA before the end of August. No impact

hammering will occur during the period when subsistence hunting of

migrating bowhead whales is underway.

Nuiqsut is the community closest to the area of the proposed

activity, and it harvests bowhead whales only during the fall whaling

season. In recent years, Nuiqsut whalers typically take zero to four

whales each season (BPXA, 1998). Nuiqsut whalers concentrate their

efforts on areas north and east of Cross Island, generally in water

depths greater than 20 m (65 ft). Cross Island, the principle field

camp location for Nuiqsut whalers, is located approximately 28.2 km

(17.5 mi) east of the Northstar construction activity area.

Whalers from the village of Kaktovik search for whales east, north,

and west of their village. Kaktovik is located approximately 200 km

(124.3 mi) east of Seal Island. The westernmost reported harvest

location was about 21 km (13 mi) west of Kaktovik, near

70o10'N, 144oW (Kaleak, 1996). That site is

approximately 180 km (112 mi) east of Seal Island.

Whalers from the village of Barrow search for bowhead whales much

further from the Northstar area, >250 km (>175 mi) west.

Effects of Northstar construction on migrating bowheads are not

expected to extend into the area where Nuqsut hunters usually search

for bowheads. However, it is recognized that it is difficult to

determine the maximum distance at which reactions occur (Moore and

Clark, 1992). As a result, in order to avoid any unmitigable adverse

impact on subsistence needs and to reduce potential interference with

the hunt, the timing of various construction activities at Northstar as

well as barge and aircraft traffic in the Cross Island area will be

addressed in a Communications and Avoidance Agreement between BPXA and

North Slope Borough residents. Also, NMFS believes that the monitoring

plan proposed by BPXA will provide information that will help resolve

uncertainties about the effects of construction noise on the

accessibility of bowheads to hunters.

While Northstar activity has some potential to influence

subsistence seal hunting activities, the most important sealing area

for Nuiqsut hunters is off the Colville delta, extending as far west as

Fish Creek and as far east as Pingok Island (BPXA, 1998). Pingok Island

is about 24 km (15 mi) west of Northstar. The peak season for seal

hunting is during the summer months, but some hunting is conducted on

the landfast ice in late spring. In summer, boat crews hunt ringed,

spotted and bearded seals (BPXA, 1998). Thus, it is unlikely that

construction activity will have a significant negative impact on

Nuiqsut seal hunting.

Mitigation

Several mitigation measures have been proposed by BPXA to reduce

harassment takes to the lowest level practicable. These include:

[[Page 57099]]

(1) BPXA will begin winter construction activities prior to female

ringed seals establishing the birthing lair in late March to early

April in order to displace seals away from activities that could

negatively affect the female and young.

(2) If construction activities are initiated in previously

undisturbed areas after March 20, BPXA will survey the area(s) to

identify and avoid ringed seal lairs by a minimum of 50 m (164 ft).

(3) BPXA will establish and monitor a 190 dB re 1 Pa

safety range for seals around the island for those noisier activities.

(4) While whales are unlikely to approach the island during impact

hammering or other noisy activities, a 180 dB re 1 Pa safety

zone will be established and monitored around the island.

(5) If any marine mammals are observed within their respective

safety range, operations will cease until such time as the observed

marine mammals have left the safety zone.

(6) Project scheduling indicates that impact hammering will not

occur during the period for subsistence hunting of westward migrating

bowhead whale.

(7) Helicopter flights to support Northstar construction will be

limited to a corridor from Seal Island to the mainland, and, except

when limited by weather, will maintain a minimum altitude of 1,000 ft

(305 m).

Monitoring

Monitoring will employ both marine mammal observations and

acoustics measurements and recordings. During the open-water period,

monitoring will consist of (1) acoustic measurements of sounds produced

by construction activities through hydrophones, seaborne sonobuoys and

bottom recorders, and (2) observations of marine mammals from an

elevated platform on Seal Island will be made during periods with and

without construction underway (see page 94 of application).

During the ice-covered season, BPXA proposes to continue an ongoing

(since the spring, 1997) Before-After/Control-Impact Study on the

distribution and abundance of ringed seals in relation to development

of the offshore oil and gas resources in the central Beaufort Sea.

Collection and analysis of data before and after construction is

expected to provide a reliable method for assessing the impact of oil

and gas activities on ringed seal distribution in the Northstar

construction area. Other winter/spring monitoring will include (1) on-

ice searches for ringed seal lairs in areas where construction starts

in the mid-March through April period, (2) assessment of abandonment

rates for seal holes, and (3) acoustic measurements of sounds and

vibrations from construction.

The monitoring plan will be subject to review by NMFS biologists

and revised appropriately prior to implementation. Independent peer

review is not warranted on the on-ice portion of the plan. This work

has been underway since the winter 1997/98 and on-ice monitoring was

reviewed during the May, 1998 workshop held in Seattle, WA. The open-

water season monitoring plan however will be reviewed next spring at

the annual peer-review workshop held in Seattle.

Reporting

BPXA will provide two initial reports on 1998 activities to NMFS

within 90 days of completion of each phase of the activity. The first

report will be due 90 days after the ice roads are no longer usable or

spring aerial surveys are completed, whichever is later. The second

report will be forwarded to NMFS 90 days after the formation of ice in

the central Alaskan Beaufort Sea. These reports will provide summaries

of the dates and locations of construction activities, details of

marine mammal sightings, estimates of the amount and nature of marine

mammal takes, and any apparent effects on accessibility of marine

mammals to subsistence hunters.

A draft final technical report will be submitted to NMFS by April

1, 2000. The final technical report will contain a full description of

the methods, results, and interpretation of all monitoring tasks. The

draft final report will be subject to peer review before finalized by

BPXA.

National Environmental Policy Act (NEPA)

On June 12, 1998 (63 FR 32207), the Environmental Protection Agency

noted the availability for public review and comment a DEIS prepared by

the Corps under NEPA on Beaufort Sea oil and gas development at

Northstar. Comments on that document were accepted by the Corps until

August 31, 1998 (63 FR 43699, August 14, 1998). NMFS is a cooperating

agency, as defined by the Council on Environmental Quality regulations

(40 CFR 1501.6), on the preparation of this document. This DEIS, which

supplements information contained in the application, is considered

part of NMFS' record of decision for determining whether the activity

proposed for receiving a small take authorization is having a

negligible impact on affected marine mammal stocks and not having an

unmitigable adverse impact on subsistence needs. Based upon a review of

the Final EIS (FEIS) and the comments received on this proposed

authorization, NMFS will (1) adopt the Corp FEIS, (2) amend the Corps

FEIS to incorporate relevant comments, suggestions and information, or

(3) based upon comments received, prepare and release for comment a

draft Environmental Assessment. NMFS will not issue an IHA until its

responsibilities under NEPA have been met.

Consultation

Under section 7 of the Endangered Species Act (ESA), NMFS will

complete formal consultation with the Corps on the Beaufort Sea oil and

gas development project at Northstar. NMFS will also consult with

itself on the issuance of an incidental harassment authorization for

this activity. If an authorization to incidentally harass listed marine

mammals is issued under the MMPA, NMFS will issue an Incidental Take

Statement under section 7 of the ESA for listed marine mammals.

Conclusions

NMFS has preliminarily determined that the impact of constructing

the Northstar Development in the U.S. Beaufort Sea will result, at

worst, in a temporary modification in behavior by certain species of

cetaceans and pinnipeds. During the ice-covered season, pinnipeds close

to the island may be subject to incidental harassment due to the

localized displacement from construction of ice roads and from

transportation activities on that road. As cetaceans will not be in the

area during the ice-covered season, they will not be affected. During

the open-water season, the principal construction-related activities

will be helicopter traffic, vessel traffic, and some construction

activity on Seal Island. Sheet-pile driving is expected to be completed

prior to whales being present in the area. Sounds from construction

activities on the island are not expected to be detectable more than

about 5-10 km (3.1-6.2 mi) offshore of the island. Disturbance to

bowhead or beluga whales by on-island activities will be limited to an

area substantially less than that distance. Helicopter traffic will be

limited to nearshore areas between the mainland and the island and is

unlikely to approach or disturb whales. Barge traffic will be located

mainly inshore of the whales and will involve vessels moving slowly, in

a straight line, and at constant speed. Little disturbance or

[[Page 57100]]

displacement of whales by vessel traffic is expected. While behavioral

modifications may be made by these species to avoid the resultant

noise, this behavioral change is expected to have no more than 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 area

of operations, because the proposed activity is in shallow waters

inshore of the main migration corridor for bowhead whales and far

inshore of the main migration corridor for belugas, 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 the

incorporation of the mitigation measures mentioned in this document. No

rookeries, areas of concentrated mating or 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 construction area in the

Canadian Beaufort Sea until late August/early September, activities at

Northstar are not expected to impact subsistence hunting of bowhead

whales prior to that date. Appropriate mitigation measures to avoid an

unmitigable adverse impact on the availability of bowhead whales for

subsistence needs will be the subject of consultation between BPXA and

subsistence users.

Also, while construction at Northstar has some potential to

influence seal hunting activities by residents of Nuiqsut, because (1)

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

summer sealing is off the Colville Delta), and (3) the zone of

influence from Northstar on belukha and seals is fairly small, NMFS

believes that Northstar construction will not have an unmitigable

adverse impact on the availability of these stocks for subsistence

uses.

Proposed Authorization

NMFS proposes to issue an IHA for the taking of marine mammals

incidental to construction of the Northstar development project in the

Alaskan Beaufort Sea, provided the previously mentioned mitigation,

monitoring, and reporting requirements are incorporated. NMFS has

preliminarily determined that the proposed activity would result in the

harassment of only small numbers of bowhead whales, gray whales,

belukha whales, ringed seals, bearded seals, and spotted (largha)

seals; would have a negligible impact on these marine mammal stocks;

and would not have an unmitigable adverse impact on the availability of

marine mammal stocks for subsistence uses.

Information Solicited

NMFS requests interested persons to submit comments and information

concerning this request (see ADDRESSES).

Dated: October 20, 1998.

Hilda Diaz-Soltero,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 98-28601 Filed 10-23-98; 8:45 am]

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