Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of Offshore Oil and Gas Platforms in the Beaufort Sea

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 990204042-9042-01; I.D.123198B]

RIN 0648-AM09

Taking and Importing Marine Mammals; Taking Marine Mammals

Incidental to Construction and Operation of Offshore Oil and Gas

Platforms in the Beaufort Sea

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of a petition for rulemaking and an

application for a small take exemption; request for comment and

information.

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

SUMMARY: NMFS has received a request for two Letters of Authorization

(LOAs) from BP Exploration (Alaska), 900 East Benson Boulevard,

Anchorage, AK 99519 (BPXA) for the take of small numbers of marine

mammals by harassment incidental to construction and operation of

offshore oil and gas platforms at the Northstar and Liberty

developments in the Beaufort Sea in state and Federal waters. BPXA has

also petitioned NMFS for regulations to govern that take. In order to

promulgate these regulations, NMFS must determine that these takings

will have a negligible impact on the affected species and stocks of

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

availability of the species or stock(s) for subsistence uses. NMFS

invites comment on the application, and suggestions on the content of

the regulations.

DATES: Comments and information must be postmarked no later than March

31, 1999.

ADDRESSES: Comments should be addressed to the Chief, Marine Mammal

Division, Office of Protected Resources, National Marine Fisheries

Service, 1315 East-West Highway, Silver Spring, MD 20910-3226. A copy

of the application may be obtained by writing to this address or by

telephoning one of the contacts listed here (see FOR FURTHER

INFORMATION CONTACT). A copy of the draft environmental impact

statement (DEIS) for Northstar 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) of the Marine Mammal Protection Act (16 U.S.C.

1361 et seq.) (MMPA) 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 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 Request

On November 30, 1998, NMFS received an application requesting a

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

to take marine mammals incidental to the construction and operation of

offshore oil and gas platforms at the Northstar and Liberty

developments in the Beaufort Sea in state and Federal waters.

BPXA proposes to produce oil from two offshore oil developments,

Northstar and Liberty. These two developments will be the first in the

Beaufort Sea that use a subsea pipeline to transport oil to shore and

then into the Trans-Alaska Pipeline System.

The Northstar Unit 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. During

1998-1999 (year 1), a gravel island will be constructed this winter and

spring, followed by construction work on the island during the 1999

open-water season. Incidental takes of whales and seals during this

period are expected to be authorized under an Incidental Harassment

Authorization (IHA) issued under section 101(a)(5)(D) of the MMPA (see

63 FR 57096, October 26, 1998). However, because of the possibility

that construction might be delayed until after expiration of the IHA,

work described in the cited Federal Register document may be conducted

during the effectiveness period of these regulations. Following is a

brief description of the proposed scope of work for Northstar and

Liberty projects. For more detailed descriptions please refer to either

the BPXA application or to the DEIS, both of which are available upon

request (see ADDRESSES).

Northstar

The proposed construction activity includes the construction of

several ice roads, one from West Dock and the Pt McIntyre drill site to

the Northstar gravel mine and one from the mine site to Seal Island. In

the second year of construction an ice road will be constructed

parallel to the coast from Pt. McIntyre to the location of the pipeline

crossing and then along the pipeline route to Seal Island. Construction

of a gravel island work surface for drilling and oil production

facilities will take place during the first winter and into the open

water season. The transport and installation of the drill rig and

associated equipment via the ice road, and the construction and

installation of two 10 in (0.25 m) pipelines, one to transport crude

oil and one for gas for field injection, will all occur during year 2.

The two pipelines will be buried together in a single trench.

It is estimated that during the winter 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.

During the summer approximately 90 to 100 barge trips from Prudhoe Bay

or Endicott are expected to support construction.

The operational phase will begin with drilling, which will continue

for 2 years. Drilling is scheduled to begin in February 2000, using

power supplied by diesel generators. This phase of drilling will

continue until the power plant is operational in November 2000.

Drilling will continue until February 2002, when all 23 development

wells (15 production, 7 gas injection) are expected to be drilled.

After drilling is completed, only production-related site activities

will occur. In order to support operations at Northstar, the proposed

operations activity includes the annual construction of an ice road

from Pt. McIntyre to the shore crossing of the

[[Page 9966]]

pipeline and along the pipeline route to Seal Island. Ice roads will be

used to resupply needed equipment, parts, foodstuffs, and products, and

for hauling wastes back to existing facilities. During the summer,

barge trips will be required between West Dock or Endicott and the

island for resupply.

Year-round helicopter access to Northstar is planned for movement

of personnel, foodstuffs and emergency movement of supplies and

equipment. Helicopters will fly at an altitude of at least 1,000 ft

(305 m), except for takeoffs, landings, and safe-flight operations.

Liberty

The BPXA Liberty development will be a self-contained offshore

drilling/production facility located on a man-made gravel island with

pipelines to shore. The facility will be constructed in Foggy Island

Bay in approximately 22 ft (7 m) of water.

The proposed construction and production activities are similar to

those for the Northstar development described previously, except that

Liberty involves construction of a new island, located south of the

barrier islands whereas Northstar is to be constructed on the existing

remains of Seal Island, north of the barrier islands. Liberty

construction will begin in December, 1999, ending in summer, 2001, with

planned production startup in November, 2001. Construction may take 2

years or may be compressed into a single year. Well drilling is

expected to be completed by February, 2003.

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 the

Northstar development (Corps of Engineers (Corps), 1998) and in the

BPXA application. This information is not repeated here but will be

considered part of the record of decision for this rulemaking. A copy

of the DEIS is available from the Corps 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.

Summary of Impacts

Although the potential impacts to the several marine mammal species

known to occur in these areas is expected to be limited to harassment,

a small number of marine mammals may incur lethal and serious injury.

The applicant also requests that in the unlikely event that a small

number of marine mammals might be contacted by oil from an oil spill,

that these takes also be covered by the regulations.

Sounds and non-acoustic stimuli are expected to be generated by

vehicle traffic, ice cutting, pipeline construction, offshore

trenching, gravel dumping, pile driving, vessel and helicopter

operations, and general operations of oil and gas facilities (e.g.,

generator sounds and gas flaring). The sounds generated from

construction operations and associated transportation activities will

be detectable underwater and/or in air some distance away from the area

of activity. The distance will depend on the nature of the sound

source, ambient noise conditions, and the sensitivity of the animal

receiving the sound. At times, some of these sounds are likely to be

strong enough to cause avoidance or other disturbance reactions by

small numbers of marine mammals. The type and significance of

behavioral reaction is likely to depend on the behavior of the animal

at the time of reception as well as the distance and level of the sound

relative to ambient conditions.

Because of the potential impact to marine mammals, BPXA has

requested NMFS to promulgate regulations under section 101(a)(5)(A) of

the MMPA and issue two LOAs that would authorize the incidental taking.

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 petition and 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.

On February 12, 1998 (63 FR 9015), the Minerals Management Service

announced its intent to prepare a DEIS on the proposed development and

production plan for the Liberty Project. That DEIS is not presently

available to the public.

NMFS proposes that these two comprehensive documents will meet its

NEPA responsibilities. These documents will be 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 respective

Final EIS (FEIS) and the comments received during rulemaking, NMFS will

(1) adopt the Corp and MMS FEISs, (2) amend the Corps and or MMS FEIS

to incorporate relevant comments, suggestions and information, or (3)

prepare supplemental NEPA documentation.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning the BPXA request and the structure and

content of the regulations to allow the taking. In particular, NMFS is

requesting comment on its plan to propose a single set of 5-year

regulations that would govern incidental takings for Northstar and

Liberty construction and operation with issuance of annual LOAs for

these activities; and provide for authorizations for additional

Beaufort Sea oil and gas development projects after notice-and-comment

rulemaking. If NMFS proposes regulations governing the taking,

interested parties will be provided an additional comment period on the

content of the proposed rule.

Dated: February 22, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-5010 Filed 2-26-99; 8:45 am]

BILLING CODE 3510-22-F