[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]
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