[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36542-36545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15408]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 061203I]
Small Takes of Marine Mammals Incidental to Specified Activities;
Movement of Steel Drilling Caisson through the Beaufort Sea from Cross
Island, McCovey Prospect to Herschel Island, Yukon Territory
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization; request for comments.
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SUMMARY: NMFS has received a request from EnCana Oil and Gas (USA) Inc.
(EnCana) for an authorization to take small numbers of marine mammals
by harassment incidental to movement of a Steel Drilling Caisson (SDC)
from Cross Island, McCovey Prospect, AK through the Beaufort Sea to
Herschel Island in the Yukon Territory and for associated activities in
the Beaufort Sea. If there is a problem with this location for the SDC,
the U.S. Outer Continental Shelf waters north of West Dock has been
named as the backup location. Under the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to authorize EnCana
to incidentally take, by harassment, small numbers of bowhead whales,
beluga whales, ringed seals, bearded seals, and spotted seals in the
above mentioned areas during August 2003 through January 2004 for SDC
preparation, movement, refueling, and removal of equipment. The
incidental take of polar bears and walrus from EnCana's planned
activities are not covered by this proposed incidental harassment
authorization, as these species are under jurisdiction of the U.S. Fish
and Wildlife Service (USFWS). EnCana is applying for a Letter of
Authorization from the USFWS for potential takes of polar bear and
Pacific walrus.
DATES: Comments and information must be received no later than July 18,
2003.
ADDRESSES: Comments on the application should be addressed to Kaja
Brix, Acting Chief, Marine Mammal Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910-3225. A copy of the application used in this document may be
obtained by writing to this address or by telephoning one of the
contacts listed here.
FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, (301) 713-2322, ext
163 or Brad Smith, (907) 271-3023.
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 small numbers 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 for incidental takings may be granted if NMFS finds that
the taking will have no more than 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
monitoring and reporting of such taking 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.
Subsection 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. 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''].
Subsection 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
small numbers 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 May 14, 2003, NMFS received an application from EnCana
requesting an authorization for the harassment of
[[Page 36543]]
small numbers of five species of marine mammals incidental to movement
of the SDC from Cross Island, McCovey Prospect, AK through the Beaufort
Sea to Herschel Island, Yukon Territory and associated activities
beginning on or about August 1, 2003 to ice-up later in the year. The
SDC will lift-off from its current location and will be towed to the
new set down location. Once the SDC reaches Herschel Island, it will go
into cold stack mode. Helicopter supported one-day reconnaissance trips
to the SDC may occur to check on winterization conditions on-board the
SDC. A detailed description of these activities proposed for 2003-2004
is contained in the application (Lynx Enterprises, Inc., 2003), which
is available upon request (see ADDRESSES)
Description of Marine Mammals Affected by the Activity
The Beaufort Sea supports many marine mammals under NMFS
jurisdiction, including bowhead whales (Balaena mysticetus), beluga
whales(Delphinapterus leucas), ringed seals (Phoca hispida), bearded
seals (Erignathus barbatus) and spotted seals (Phoca largha).
Descriptions of the biology, distribution, and current status of these
species can be found in NMFS Stock Assessment Reports (2000, 1999, and
1997). Please refer to those documents for more information on these
species. These documents can be downloaded electronically from: http://www.nmfs.noaa.gov/pr/PR2/Stock_Assessment_Program/individual_sars.html
Potential Effects of SDC Mobilization and Associated Activities on
Marine Mammals
Potential harassment of marine mammals will result from the noise
generated by the operation of towing vessels during SDC mobilization
between Cross Island and Herschel Island and the noise generated during
equipment removal of the SDC. The physical presence of the SDC tow
vessels and helicopter could also lead to disturbance of marine mammals
by visual or other cues. The potential for collisions between tug
vessels and whales will be reduced by the slow tow speed (2 knots) and
visual monitoring by on-board marine mammal observers.
Marine mammal species with the highest likelihood of being harassed
during the SDC mobilization phase (August) are: beluga whales, ringed
seals, and bearded seals. Spotted seals are less likely to be harassed
during the SDC mobilization phase because they reside closer to the
shore. Bowhead whales are the only species listed under the ESA that
could potentially be affected by these activities. However, they are
not expected to be encountered during the mobilization phase because
the majority of the whales will be at their summer feeding grounds in
Canada. However, a few transitory whales may be encountered along the
routes. Beluga whales occur in the Beaufort Sea during the summer, but
are expected to be found near the pack ice edge north of the proposed
SDC relocation routes. Depending on seasonal ice conditions, it is
possible that belugas may be encountered during the transit.
Based on past surveys, ringed seals should represent the vast
majority of marine mammals encountered during the transit. Ringed seals
are expected to be present all along the SDC mobilization routes. There
is the possibility that bearded and spotted seals will also be harassed
during transit. Spotted seals may be present in Prudhoe Bay, but it is
likely that they may be closer to shore and therefore are not expected
to be harassed during transit phase.
It is not likely that bowhead whales will be impacted by transit
operations since EnCana plans to finish the relocation operations and
shutdown (i.e., cold stack ``quiet'' mode) the SDC by late August, when
bowhead whales begin their westward fall migration in the Beaufort Sea.
According to 23 years of survey data collected by the Minerals
Management Service (MMS), North Slope Borough, the Alaska Eskimo
Whaling Commission (AEWC), and many more years of traditional knowledge
from Cross Island-based whale hunters, the annual fall migration of the
bowhead whales is normally many kilometers north of the McCovey
Prospect, where the SDC currently resides. However, because the fall
migration path of the bowhead whales is dependent on environmental
conditions (i.e., extent of ice coverage) that vary from year-to-year,
the extreme southern edge of the fall migration corridor may pass
closer to McCovey Prospect, increasing the likelihood that bowhead
whales may be harassed by activities. Transitory bowhead whales
traveling ahead of the herd may be encountered during relocation.
Beluga whales migrate along the pack ice edge north of the proposed
relocation routes and are not expected to be seen.
Potential Effects of SDC Mobilization and Associated Activities on
Habitat
The activity will not result in the disturbance of any habitat for
the affected species.
Numbers of Marine Mammals Expected to Be Taken
The number of marine mammals that may be taken as a result of the
SDC mobilization operation is unpredictable. Operations are scheduled
to occur prior to the westward migration and associated subsistence
bowhead whale hunts to purposely avoid any take of this species. Noise
disturbance from vessels and helicopters or from noise generated from
SDC might qualify as harassment to seals, but previous surveys have
indicated little behavioral reaction from these animals to slow-moving
or stationary vessels.
Effects of SDC Mobilization and Associated Activities on Subsistence
Needs
No impact is anticipated on the availability of marine mammal
species and stocks for subsistence uses since an amendment to the
existing Conflict Avoidance Agreement (CAA) and Plan of Cooperation has
been negotiated with the Alaska Eskimo Whaling Commission (AEWC) and
affected village Whaling Captains Associations. EnCana has taken steps
to disclose its project plans in initial consultation with the
Executive Director and the president of the AEWC, the Mayor of the
North Slope Borough, and village Whaling Captains. EnCana coordinated
with the AEWC and amended the existing CAA to include the 2003 SDC
relocation. The operation is scheduled to occur prior to the annual
fall bowhead whale hunt.
Mitigation
During mobilization of the SDC from Cross Island at the McCovey
Prospect through the Beaufort Sea to Herschel Island, EnCana will have
on-board marine mammal monitors throughout the transit. The program
will commence with the reoccupation of SDC at the current McCovey
deployment and will continue on a nearly 24-hour basis until the rig
exits U.S. waters and goes into cold stack mode in Canada.
EnCana proposes to mitigate the potential negative impacts from its
relocation and supply removal activities by planning the timing of
operations in such a way as to reduce the production of noise during
the fall bowhead whale migration. This includes putting the SDC into
cold stack mode during the entire bowhead migration period
(approximately late-August through mid-October). In addition to these
mitigation measures, EnCana worked with the AEWC, North Slope Borough,
and other whaling communities and amended the existing CAA to include
the 2003 relocation to eliminate impacts
[[Page 36544]]
to subsistence hunting of bowheads and thereby on bowheads themselves.
Monitoring
As part of its application, EnCana proposed a visual monitoring
program for assessing impacts to marine mammals during the SDC's
transit from Cross Island, McCovey Prospect to Herschel Island or the
backup location in Federal Waters north of West Dock near Prudhoe Bay,
Alaska.
EnCana proposes to initiate a comprehensive training program for
all potential marine mammal observers that includes learning the
identification and behavior of all local species known to use the areas
where EnCana will be operating. This training would be conducted by
professional marine biologists and experienced Native observers
participating in the monitoring program. The observer protocol would be
to scan the area around vessels and the SDC with binoculars of
sufficient power. Range finding equipment will be supplied to observers
in order to better estimate distances. Observers would collect data on
the presence, distribution, and behavior of marine mammals relative to
EnCana activities as well as climatic conditions at the time of marine
mammal sightings. Observations would be made on a nearly 24-hour basis
from the time the SDC leaves Cross Island until the SDC crosses the
Canadian border or, if the backup deployment in U.S. waters is used, is
placed in cold stack mode. If the backup deployment in U.S. waters is
used and re-supply efforts are necessary between the end of the fall
bowhead whale harvest and ice-over, observers would be re-deployed on
the SDC and supply vessels. All personnel stationed aboard the SDC
during the open water season of 2003 would also receive training on
marine mammal monitoring and utilize marine mammal reporting forms to
document any incidental takes of marine mammals.
As required by the MMPA, this proposed monitoring plan will be
subject to review and approval by NMFS.
Reporting
All monitoring data collected would be reported to NMFS and the
USFWS on a weekly basis. EnCana must provide a final report on 2003-
2004 activities to NMFS within 90 days of the completion of the
activity. This report will provide dates and locations of the SDC
movements and other operational activities, weather conditions, dates
and locations of any activities related to monitoring the effects on
marine mammals, and the methods, results, and interpretation of all
monitoring activities, including estimates of the level and type of
take, species name and numbers of each species observed, direction of
movement of species, and any observed changes or modifications in
behavior.
Endangered Species Act (ESA) Consultation
The effects of oil and gas exploration activities in the U.S.
Beaufort Sea, which includes this proposed activity, on listed species
were analyzed as part of a consultation on oil and gas leasing and
exploration activities in the Beaufort Sea, Alaska, and authorization
of small takes under the MMPA. A biological opinion on these activities
was issued on May 25, 2001. Pursuant to section 7 of the ESA, NMFS has
begun consultation on the proposed issuance of an IHA to EnCana. The
only species listed in the ESA that could be taken during these
activities are bowhead whales. The effects of the proposed IHA on
bowhead whales will be compared with the analysis contained in the 2001
biological opinion. If an authorization to incidentally harass marine
mammals listed under the ESA is issued for this activity under the
MMPA, NMFS will issue an Incidental Take Statement under section 7 of
the ESA.
National Environmental Policy Act
In 1997, NMFS prepared and released an EA that addressed the
impacts on the human environment from issuance of an authorization for
taking marine mammals incidental to moving an oil drilling structure
through the Beaufort Sea during the summer and conducting oil
exploration activities in the eastern Beaufort Sea and the alternatives
to that proposed action. A Finding of No Significant Impact was signed
on September 25, 1997. Because the action discussed in this document is
not substantially different from the 1997 action, and because no
significant new scientific information or analyses have been developed
in the past several years significant enough to warrant new NEPA
documentation, this action is categorically excluded from further
review under NOAA Administrative Order 216-6. A copy of that EA is
available upon request (see ADDRESSES).
Preliminary Conclusions
NMFS has preliminarily determined that the short-term impact of SDC
mobilization from Cross Island, McCovey Prospect, AK through the
Beaufort Sea to Herschel Island, Yukon Territory, or mobilization to
the U.S. Outer Continental Shelf waters north of West Dock, and
associated activities will result, at worst, in a temporary
modification in behavior by certain species of whales and pinnipeds.
While behavioral modifications may be made by these species to avoid
the resultant noise or visual cues, this behavioral change is expected
to have a negligible impact on the survival and recruitment of stocks.
While the number of potential incidental harassment takes will
depend on the year-to-year distribution and abundance of marine mammals
in the area of operations, due to the distribution and abundance of
marine mammals during the projected period of activity and the location
of the proposed activity, the number of potential harassment takings is
estimated to be small. In addition, no take by injury and/or death is
anticipated, and there is no potential for temporary or permanent
hearing impairment as a result of the activities. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near the relocation
route.
The principal measures undertaken to ensure that the SDC relocation
will not have an adverse impact on subsistence activities is a Conflict
Avoidance Agreement (CAA), Plan of Cooperation, and an operation
schedule prior to the annual bowhead whale subsistence hunt, as amended
on June 3, 2003.
Proposed Authorization
NMFS proposes to issue an IHA for the harassment of marine mammals
incidental to movement of a SDC from Cross Island, McCovey Prospect, AK
through the Beaufort Sea to Herschel Island, Yukon Territory, or, as a
backup, to the U.S. Outer Continental Shelf waters north of West Dock,
and associated activities. This IHA proposal is contingent upon
incorporation of the previously mentioned mitigation, monitoring, and
reporting requirements. NMFS has preliminarily determined that the
proposed activity would result in the harassment of small numbers of
bowhead whales, beluga whales, ringed seals, bearded seals and spotted
seals; would have no more than 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 once the Plan
of Cooperation and CAA is amended.
Information Solicited
NMFS requests interested persons to submit comments, and
information, concerning this request to Kaja Brix,
[[Page 36545]]
Acting Chief, Marine Mammal Conservation Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225.
Dated: June 12, 2003.
Stephen L. Leathery,
Acting Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 03-15408 Filed 6-17-03; 8:45 am]
BILLING CODE 3510-22-S