[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12734-12735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AY63


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. 
Beaufort Sea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from BP Exploration (Alaska) Inc. 
(BP) for authorization for the take of marine mammals incidental to 
operation of offshore oil and gas facilities in the U.S. Beaufort Sea, 
AK, for the period April 2011 - April 2016. Pursuant to the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of BP's 
request for the development and implementation of new 5-year 
regulations governing the incidental taking of marine mammals and 
inviting information, suggestions, and comments on BP's application and 
request.

DATES: Comments and information must be received no later than April 
16, 2010.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. The mailbox address for providing e-
mail comments is [email protected]. NMFS is not responsible for e-
mail comments sent to addresses other than the one provided here. 
Comments sent via e-mail, including all attachments, must not exceed a 
10-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 156.

[[Page 12735]]


SUPPLEMENTARY INFORMATION:

Availability

    A copy of BP's application may be obtained by writing to the 
address specified above (ADDRESSES), calling the contact listed above 
(FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

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, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings 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 (where 
relevant), and if 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.''
    Except with respect to certain 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].

Summary of Request

    On November 6, 2009, NMFS received an application from BP 
requesting authorization for the take of six marine mammal species 
incidental to operation of the Northstar development in the Beaufort 
Sea, AK, over the course of 5 years, which would necessitate the 
promulgation of new five-year regulations. Construction of Northstar 
was completed in 2001. The proposed activities for 2011-2016 include a 
continuation of drilling, production, and emergency training operations 
but no construction or activities of similar intensity to those 
conducted between 1999 and 2001. The likely or possible impacts of the 
planned offshore oil developments at Northstar on marine mammals 
involve both non-acoustic and acoustic effects. Potential non-acoustic 
effects could result from the physical presence of personnel, 
structures and equipment, construction or maintenance activities, and 
the occurrence of oil spills. Petroleum development and associated 
activities in marine waters introduce sound into the environment, 
produced by island construction, maintenance, and drilling, as well as 
vehicles operating on the ice, vessels, aircraft, generators, 
production machinery, gas flaring, and camp operations. BP requests 
authorization to take individuals of three cetacean and three pinniped 
species by Level B Harassment. Further, BP requests authorization to 
take five individual ringed seals by serious injury or mortality 
annually over the course of the 5-year rule.

Specified Activities

    In the application submitted to NMFS, BP requests authorization to 
take marine mammals incidental to operation of offshore oil and gas 
facilities in the U.S. Beaufort Sea. Activities include: the 
transportation of personnel, equipment, and supplies; production 
operations; drilling operations; pipeline design, inspection, and 
maintenance; routine repair and maintenance; and emergency and oil 
spill response training. Sections 1 and 2 of BP's application describe 
the full suite of activities, as well as the location and duration of 
activity.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning BP's request (see ADDRESSES). All information, 
suggestions, and comments related to BP's request and NMFS' potential 
development and implementation of regulations governing the incidental 
taking of marine mammals by BP's activities will be considered by NMFS 
in developing, if appropriate, the most effective regulations governing 
the issuance of letters of authorization.

    Dated: March 11, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-5835 Filed 3-16-10; 8:45 am]
BILLING CODE 3510-22-S