[Federal Register: January 22, 2007 (Volume 72, Number 13)]
[Notices]
[Page 2653-2656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja07-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 122106A]
Taking of Marine Mammals Incidental to Specified Activities; On-
ice Geotechnical Operations 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 incidental take
authorization; request for comments.
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SUMMARY: NMFS has received an application from ConocoPhillips Alaska,
Inc (CPAI) for an Incidental Harassment Authorization (IHA) to take
marine mammals, by harassment, incidental to conducting on-ice
geotechnical operations on the Outer Continental Shelf (OCS) and State
of Alaska leases in the U.S. Beaufort Sea in spring 2007. Pursuant to
the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on
its proposal to issue an authorization to CPAI to incidentally take, by
harassment, small numbers of ringed seals for a limited period during
the proposed project period.
DATES: Comments and information must be received no later than
February 21, 2007.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225, or by telephoning one
of the contacts listed here. The mailbox address for providing email
comments is PR1.122106A@noaa.gov. Comments sent via e-mail, including
all attachments, must not exceed a 10-megabyte file size. A copy of the
application containing a list of the references used in this document
may be obtained by writing to this address or by telephoning the first
contact person listed here and is also available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext 137 or Brad Smith, Alaska Region,
NMFS, (907) 271-5006.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct 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 shall 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 that the permissible methods of
taking and requirements pertaining to the mitigation, monitoring, and
reporting of such takings are set forth. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ''...an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except for certain categories of activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny issuance of the authorization.
Summary of Request
On November 29, 2006, NMFS received an application from CPAI for
the taking, by harassment, of small number of ringed seals (Phoca
hispida) incidental to conducting geotechnical portions of a site
clearance survey just
[[Page 2654]]
north of Cross Island, in spring 2007. The site clearance location will
be on the OCS and State of Alaska leases of the U.S. Beaufort Sea. The
proposed operation will be active 24 hours per day and use a
conventional geotechnical drilling rig. The project is anticipated to
require about two weeks to complete between February and April, 2007,
depending on weather and other operational factors.
The purpose of the site clearance is to confirm that the seafloor
has soil and surface characteristics that will support the safe set-
down of a drill rig, and long-term occupation of the site by such a
vessel.
Description of the Activity
The proposed geotechnical operation will use a small drill rig that
runs either 5-ft (1.5-m) long augers for soil samples or 10-ft (3-m)
jointed pipe to recover core samples. The drill rig will use cone
penatrometers for cone penetration tests. Sea water circulation and
occasionally mud systems will be used on the drill rig to stabilize the
hole. This work is part of an overall shallow hazards investigation of
the project.
The proposed geotechnical program will consist the following
components:
Soil Borings: Four soil borings will be drilled in the area of the
exploration well location. One of these borings will be 100 - 120 ft
(30.5 - 36.6 m) deep, and centered a proposed rig set-down location.
Three additional borings, all 60 ft (18.3 m) in depth, will be phased
120o around the primary boring, and located on radials of 100 m (328
ft). Soil samples will be taken in all borings at 3-ft (0.9-m)
intervals down to 30 ft (9 m), and at 5-ft (1.5-m) intervals between 30
and 60 ft (9 - 18 m).
Cone Penetration Test (CPT): CPTs will be taken at up to 6
locations within a proposed rig footprint, and at up to 10 additional
locations outside the footprint. The CPTs will be advanced at
approximately 4 ft (1.2 m) per minute. It is anticipated that the CPTs
will not be advanced beyond 20 ft (6.1 m), in the event refusal is not
encountered prior to the point.
Seafloor Video: Seafloor video will be recorded from a camera
lowered through holes drilled in the ice at selected locations. This
coverage will be directed mainly at a proposed rig footprint area.
Support and Logistics: The geotechnical field program will be
supported by rolligons, which has minimum impact on the sea ice and
does not require building an ice road. The rolligon option is further
preferred, as on-site work can be carried out continuously using 2 12-
hour shifts per day, and the work period is not daylight or
particularly weather dependant.
The geographic region of the proposed geotechnical activity
encompasses 2 13 km\2\ (5 mi\2\) areas in the south central Alaska
Beaufort Sea on the fast ice. The region is about 3 miles (4.8 km)
north of Cross Island at approximately 147[deg]57' W and 70[deg]32' N.
There will also be a sea ice route directly from Deadhorse to the site,
which will be about 24 km (15 miles) long and 0.01 km (35 ft) wide. The
closest Eskimo village to the site clearance location is Nuiqsut, which
is over 60 miles (97 km) away. Water depths in the proposed project
area are typically less than 60 ft (18.2 m).
Field operations may begin on February 1, 2007, and be completed no
later than April 30, 2007. However, CPAI will try to complete work
prior to the ringed seals pupping season, which starts around March 15.
It is estimated that approximately 14 working days on site will be
required to complete the geotechnical operations.
Description of the Marine Mammals Potentially Affected by the Activity
Ringed seals are the only species of marine mammal that may be
present in the proposed project area during the site clearance period.
Ringed seals are not listed under the Endangered Species Act (ESA) or
designated as depleted under the MMPA. Other marina mammal species
under NMFS' jurisdiction that seasonally inhabit the Beaufort Sea, but
are not anticipated to occur in the project area during site clearance
operations, include the bowhead whales (Balaena mysticetus), beluga
whales (Delphinapterus leucas), bearded seals (Erignathus barbatus),
and spotted seals (Phoca largha). While some of these species begin to
enter Beaufort Sea off Point Barrow from the Chukchi Sea during April,
the project area is over 160 nm (296 km) east of Point Barrow, thereby
making it highly unlikely these species would occur in the project area
during the proposed operations. Polar bears (Ursus maritimus) also
frequent in the Beaufort Sea, but they are not addressed in this
application because they are managed by the U.S. Fish and Wildlife
Service (FWS). CPAI is applying for an IHA for the incidental take of
polar bears from the FWS.
Ringed seals are widely distributed throughout the Arctic basin,
Hudson Bay and Strait, and the Bering and Baltic seas. There is no
reliable worldwide population assessment for ringed seals, however, it
is estimated to be in the millions (Reeves et al., 1992).
Ringed seals inhabiting northern Alaska belong to the subspecies P.
h. hispida, and they are year-round residents in the Beaufort Sea. A
reliable estimate for the entire Alaska stock of ringed seals is
currently not available. A minimum estimate for the eastern Chukchi and
Beaufort Sea is 249,000 seals, including 18,000 for the Beaufort Sea
(Angliss and Outlaw, 2005). The actual numbers of ringed seals are
substantially higher, since the estimate did not include much of the
geographic range of the stock, and the estimate for the Alaska Beaufort
Sea has not been corrected for animals missed during the surveys used
to derive the abundance estimate (Angliss and Outlaw, 2005). Estimates
could be as high or approach the past estimates of 1 - 3.6 million
ringed seals in the Alaska stock (Frost, 1985; Frost et al., 1988).
During winter and spring, ringed seals inhabit landfast ice and
offshore pack ice. Seal densities are highest on stable landfast ice
but significant numbers of ringed seals also occur in pack ice (Wiig et
al., 1999). Seals congregate at holes and along cracks or deformations
in the ice (Frost et al., 1999). Breathing holes are established in
landfast ice as the ice forms in autumn and are maintained by seals
throughout winter. Adult ringed seals maintain an average of 3.4 holes
per seal (Hammill and Smith, 1989). Some holes may be abandoned as
winter advances, probably in order for seals to conserve energy by
maintaining fewer holes (Brueggeman and Grialou, 2001). As snow
accumulates, ringed seals excavate lairs in snowdrifts surrounding
their breathing holes, which they use for resting and for the birth and
nursing of their single pups in late March to May (McLaren, 1958; Smith
and Stirling, 1975; Kelly and Quakenbush, 1990). Pups have been
observed to enter the water, dive to over 10 m (33 ft), and return to
the lair as early as 10 days after birth (Brendan Kelly, pers comm to
CPA, June 2002), suggesting pups can survive the cold water
temperatures at a very early age. Mating occurs in late April and May.
From mid-May through July, ringed seals haul out in the open air at
holes and along cracks to bask in the sun and molt.
The seasonal distribution of ringed seals in the Beaufort Sea is
affected by a number of factors but a consistent pattern of seal use
has been documented since aerial survey monitoring began over 20 years
ago. Recent studies indicated that ringed seals showed a strong
seasonal and habitat component to structure use (Williams et al.,
2006), and habitat, temporal, and weather factors all had significant
effects on seal densities (Moulton et al., 2005). The studies also
showed that effects of oil and gas development on local distribution of
seals and seal lairs are no
[[Page 2655]]
more than slight, and are small relative to the effects of natural
environmental factors (Moulton et al., 2005; Williams et al., 2006).
Potential Effects on Marine Mammals and Their Habitat
The proposed on-ice geotechnical operations have the potential to
disturb and temporarily displace some ringed seals within the proposed
project area. Incidental take may result from short-term disturbances
by noise and physical activities associated with soil borings, CPT, and
rolligon supported support and logistics activities. Pup mortality
could occur if any of these animals were nursing and displacement were
protracted. However, it is unlikely that a nursing female would abandon
her pup given the normal levels of disturbance from the proposed
activities, potential predators, and the typical movement patterns of
ringed seal pups among different holes. Seals also use as many as four
lairs spaced as far as 3,437 m (11,276 ft) apart. In addition, seals
have multiple breathing holes. Pups may use more holes than adults, but
the holes are generally closer together than those used by adults. This
indicates that adult seals and pups can move away from site clearance
activity.
All anticipated takes would be Level B harassment, involving short
term, temporary changes in behavior or displacement by ringed seals.
The number of seals estimated to be taken is calculated based on the
most recent density data obtained during ringed seal surveys conducted
within the geographic area of the planned operation. Moulton et al.
(2002) reported that ringed seal densities on landfast ice of Alaskan
Beaufort area range from 0.39 - 0.63 seal/km\2\.
The size of the proposed project area is 26 km\2\ plus 0.32 km\2\
for the travel corridor between the site and Deadhorse with water
depths greater than 3 m (9.8 ft) below the sea ice. Area where water
depths less than 3 m (9.8 ft) below sea ice was excluded from the
calculation since ringed seals typically do not occur in these shallow
areas (Moulton et al., 2002). The length of the travel corridor
associated is about 16 km (10 mi) and the calculation for its width was
doubled (70 ft or 200 m) to account for adjustment of the corridor
during the program due to any changes in ice condition. Therefore, it
is estimated that between 10 - 17 ringed seals could be taken by Level
B harassment as a result of the proposed geotechnical operations. This
estimated take number represents less than 0.004 - 0.007 percent of the
ringed seal population (estimated minimum 249,000 seals) in the eastern
Chukchi and Beaufort seas area. The actual take is likely to be lower
as NMFS proposes to require mitigation and monitoring measures to be
incorporated in the proposed action. No take by Level A harassment
(injury) or death is expected or authorized.
The proposed geotechnical operation is not expected to cause any
permanent impact on habitat and the prey used by ringed seals. All
surface activities will be on sea ice, which will breakup and drift
away following spring breakup. Any spills on the ice would be small in
size and cleaned up before completing the operations. Similarly, all
materials from the camp and drilling activities will be removed from
the site before completion of operations. Drilling will have a
negligible impact on the seafloor, since the bore holes will be small
and widely spaced, and they will naturally fill in over time due to
sediment movement by currents. The operation should have no effect on
ringed seal prey species since most disturbances will be on sea ice.
Areas containing ice conditions suitable for lairs will be avoided by
the rolligons to prevent any destruction of the habitat.
Potential Effects on Subsistence
The primary subsistence village in the region is Nuiqsut, which is
over 60 miles (97 km) away from the proposed project area. Most seal
hunting by the village is off the Colville river Delta, between Fish
Creek to the west and Pingok Island to the east (Fuller and George,
1997). Seal hunting predominately occurs in the open water during
summer, when seals are more readily accessible from small boats (Fuller
and George, 1997). In addition, almost all subsistence seal hunts occur
during June through August. If a subsistence hunter is encountered in
the project area, action will be taken to divert the rolligon away from
the hunter.
In addition, CPAI will meet with Nuiqsut representatives before
commencing geotechnical operations in 2007. The meeting(s) will serve
to fulfill the MMPA Plan of Cooperation requirement. The proposed
operations will be modified, where possible and practical, to reflect
the concerns of the villages and hunters. Therefore, the proposed
geotechnical operations should have no significant affect on
subsistence hunting.
Mitigation and Monitoring
All activities will be conducted as far as practicable from any
observed ringed seal lairs. Upon commencement of the on-ice
geotechnical project, CPAI will establish a route along the proposed
travel corridor and work areas to discourage ringed seals from building
lairs within the corridor later. An experienced Inupiat hunter will be
hired to serve as a marine mammal observer (MMO). The MMO would be used
to visually locate potential lairs and breathing holes in the travel
corridor and work areas where water depth exceeds 3 m (9.8 ft) under
the ice. The MMO will ride in the lead rolligon. Locations will be
flagged, Global Positioning System (GPS) coordinates taken and then
delineated on a map.
On subsequent trips, rolligon drivers will use the map, pre-
programmed GPS coordinates and/or flags to avoid potential lair habitat
and breathing holes when traveling the corridor and work areas. The
completed map will be provided to NMFS.
Reporting
If activities are conducted during the IHA coverage period, then a
final report will be submitted to NMFS within 90 days of completing the
geotechnical project.
Endangered Species Act (ESA)
NMFS has determined that no species listed as threatened or
endangered under the ESA will be affected by issuing an incidental
harassment authorization under section 101(a)(5)(D) of the MMPA to CPAI
for this on-ice geotechnical project.
National Environmental Policy Act (NEPA)
The information provided in Environmental Assessment (EA) on the
Proposed OCS Lease Sale 202: Beaufort Sea Planning Area prepared by the
Mineral Management Service (MMS) in August 2006 led NMFS to conclude
that overall oil and gas related seismic surveys within the lease sale
area, where the proposed action is located, would not have a
significant impact on the human environment. Therefore, an
Environmental Impact Statement was not prepared. The proposed on-ice
geotechnical operations discussed in this document are not
substantially different from activities analyzed in the MMS 2006 EA,
and a reference search has indicated that no significant new scientific
information or analyses have been developed in the past year that would
warrant new NEPA documentation.
Preliminary Conclusions
The anticipated impact of winter geotechnical operations on ringed
seals is expected to be negligible for the following reasons:
[[Page 2656]]
(1) The proposed activity would only occur in a small area which
supports a small proportion (< 0.01 percent) of the ringed seal
populations in the Beaufort Sea.
(2) Geotechnical operators will avoid moderate and large pressure
ridges, where seal and pupping lairs are likely to be present.
(3) Mitigation and monitoring procedures such as using an
experienced native hunter to conduct pre-operational survey and
monitoring of ringed seal lairs and breathing holes within the proposed
action area and travel corridor, mapping the travel corridor and work
areas that are free of ringed seal lairs with GPS coordination, and
establishing a rollingon traveling route prior to the seal pupping
season to discourage the use of these areas by seals during the pupping
season, will be implemented.
As a result, NMFS believes the effects of on-ice geotechnical
operations are expected to be limited to short-term and localized
behavioral changes involving relatively small numbers of ringed seals.
NMFS has preliminarily determined, based on information in the
application and supporting documents, that these changes in behavior
will have no more than a negligible impact on the affected ringed seal
population within the proposed action area. Also, the potential effects
of the proposed on-ice geotechnical operations during 2007 will not
have an unmitigable adverse impact on subsistence uses of this species.
Proposed Authorization
NMFS proposes to issue an IHA to CPAI for conducting on-ice
geotechnical operations in the U.S. 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 small numbers of ringed
seals; would have no more than a negligible impact on the affected
ringed seal stock; and would not have an unmitigable adverse impact on
the availability of ringed seals for subsistence uses.
Dated: January 16, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E7-812 Filed 1-19-07; 8:45 am]
BILLING CODE 3510-22-S