[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Notices]
[Pages 47809-47813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16060]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040805A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Movement of Barges Through the Beaufort Sea Between West Dock and Cape
Simpson, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) to take small numbers of marine mammals,
by harassment, incidental to conducting a barging operation within the
U.S. Beaufort Sea has been issued to FEX L.P. (FEX), a subsidiary of
Talisman Energy, Inc., for a period of 1 year.
DATES: Effective from August 8, 2005 through August 7, 2006.
ADDRESSES: The authorization and application containing a list of the
references used in this document may be obtained by writing to Steve
Leathery, 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 the
contact listed here. The application is also available at:http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm#applications. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at this address.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2289, ext 128, or Brad Smith,
Alaska Region, NMFS, (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,
[[Page 47810]]
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.
An authorization may 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 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 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].
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 March 29, 2005, NMFS received an application from FEX for the
taking of several species of marine mammals incidental to the movement
of two tugs towing barges from West Dock, Prudhoe Bay, Alaska to Cape
Simpson in the U.S. Beaufort Sea. The Kavik River (1100 horsepower
(h.p.)) and the Sag River (1100 h.p.) or comparable class tugs, will
each tow a single barge to Cape Simpson. Approximately eight round-
trips will be required for project mobilization. Actual barging would
be completed in an approximate 20-day period depending on ice
conditions and sea states. Two barges would make the initial run to
Cape Simpson, and one would be left at one of those locations to serve
as a temporary dock-head. The other barge would then make approximately
six round trips. At the end of the barging operation, the barge serving
as a temporary dockhead and the second barge would return to West Dock.
FEX will make every effort to avoid periods of whale migration and
subsistence activities by completing barging by August 15\th\, but no
later than September 1st. If necessary, a late season barging effort
may be required between October 15 and November 30, 2005.
Marine barge transit of a drilling rig, consumables, fuel,
essential construction equipment and supplies from West Dock to Cape
Simpson will be conducted. Equipment will be staged and stored in
preparation for the upcoming winter on-shore oil and gas drilling and
testing season. All drilling activities and bottom hole locations will
be located on Federal Northwest National Petroleum Reserve Oil and Gas
Leases.
Comments and Responses
A notice of receipt and request for 30-day public comment on the
application and proposed authorization was published on February 8,
2005 (70 FR 6626). During the 30-day public comment period, NMFS
received comments from the Marine Mammal Commission (Commission), the
Alaska Eskimo Whaling Commission (AEWC) and ASRC Energy Services/Lynx
Enterprises (Lynx), on behalf of FEX.
Comment 1: Lynx notes that since the submission of the original IHA
application on March 25, 2005, full details of FEX's planned barging
operations have become clearer. These clarifications do not
significantly change either the scope or timing of barging operations.
Response: NMFS has incorporated these minor modifications (e.g.,
clarification that the terminus of the barging operation will be at
Cape Simpson and not Point Lonely), into this document and the IHA.
Comment 2: The Commission believes that NMFS' preliminary
determinations are reasonable provided that (1) all reasonable measures
will be taken to ensure the least practicable impact on the subject
species; and (2) the required mitigation and monitoring activities be
carried out as described in NMFS' May 6, 2005 Federal Register notice
and subject application.
Response: The mitigation and monitoring measures described in the
earlier Federal Register notice and this document will be carried out
as described. NMFS has determined that the FEX barging operations will
result in only small numbers of marine mammals being affected, 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.
Comment 3: The AEWC notes that it has agreed to prepare a Conflict
Avoidance Agreement (CAA) to cover the tug/barge operation. It is the
AEWC's intention to have a CAA ready for signature prior to departure
for the International Whaling Commission meetings.
Response: Signing the CAA supports NMFS' determination that the
proposed barging operation between West Dock and Cape Simpson will not
have an unmitigable adverse impact on subsistence uses of marine
mammals. NMFS anticipates that this agreement will be signed shortly.
Comment 4: The AEWC notes that ceasing barging operations in this
area of the U.S. Beaufort Sea by August 15\th\ and resuming barging
operations later in the fall, as proposed by FEX, is an appropriate
mitigation measure. Tug/barge operations during the open water season
tend to take longer than expected, usually because of unpredictable
weather, ice conditions, or logistical problems. As a result, these
types of operations regularly continue past their planned completion
dates, creating the risk that they will interfere with the fall bowhead
whale migration and subsistence hunt. The FEX planned tug/barge
operation this year between Deadhorse (Prudhoe Bay) and Cape Simpson is
especially risky because it is within the area used by Barrow hunters
for the fall bowhead hunt. A similar tug/barge operation by a different
company in 2003 is thought to have been a factor leading to a
substantial deflection of bowheads offshore of Barrow that year. As a
result, halting barge traffic from August 15, 2005 until the villages
of Barrow, Nuiqsut, and Kaktovik have completed their fall bowhead
subsistence hunt is a principal mitigation measure contained in the CAA
between the AEWC and FEX this year.
Response: NMFS has incorporated this recommended mitigation measure
into the IHA for FEX.
Comment 5: Lynx notes that since the submission of the original IHA
[[Page 47811]]
application on March 25, 2005, full details of FEX's planned marine
mammal monitoring has become clearer. For example, while the marine
mammal monitoring program remains the same as originally proposed, the
marine mammal observers will only be allowed aboard the UIC/Bowhead
Transportation self-propelled barge (i.e., Bowhead Transportation is a
barging company). The Crowley Marine tug/barge unit cannot accommodate
observers due to U.S. Coast Guard (USCG) crew berthing restrictions.
The Bowhead Transportation barge will precede all vessels during
transit, thus providing the observers opportunity to survey the route
from a lead position. The Crowley unit will follow a short distance
astern the Bowhead Transportation barge.
Response: NMFS appreciates the update on the monitoring plan and
has amended the mitigation/monitoring section in this document.
Description of Marine Mammals Affected by the Activity
The Beaufort Sea supports many marine mammals under NMFS
jurisdiction, including bowhead whales, beluga whales, ringed seals,
bearded seals and spotted seals. A brief description of the biology,
distribution, and current status of these species can be found in the
FEX application. More detailed descriptions can be found in NMFS Stock
Assessment Reports. Please refer to those documents for more
information on these species. The latter document can be downloaded
electronically from: http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html#Stock Assessment Reports. The FEX
application is also available on-line (see ADDRESSES).
Potential Effects of Tug/Barge Operations and Associated Activities on
Marine Mammals
Potential harassment of marine mammals will result from the noise
generated by the operation of towing vessels during barge movement. The
physical presence of the tugs and barges could also lead to disturbance
of marine mammals by visual or other cues. The potential for collisions
between tug vessels and whales will be essentially zero due to 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 tug and barge movements are: beluga whales, ringed seals,
and bearded seals. Spotted seals are less likely to be harassed during
the tug/barge movement because they normally reside closer to the
shore. Bowhead whales are the only species listed under the Endangered
Species Act (ESA) that could potentially be affected by these
activities. However, they are not expected to be encountered in more
than very small numbers during the planned period of time for the tug/
barge movement because the majority of bowhead whales will be on their
summer feeding grounds in Canadian waters. A few transitory whales may
be encountered during the transits. 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 movement route. Depending on seasonal ice
conditions, it is possible that belugas may be encountered during the
transits.
Based on past surveys, ringed seals should represent the vast
majority of marine mammals encountered during the transits. Ringed
seals are expected to be present all along the tug/barge transit
routes. There is the possibility that bearded and spotted seals will
also be harassed during transit. Spotted seals may be present in the
West Dock/Prudhoe Bay, but it is likely that they may be closer to
shore and therefore are not expected to be harassed during transit
phase.
Numbers of Marine Mammals Expected to Be Taken
The number of marine mammals that may be taken as a result of the
tug/barging 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 might qualify as harassment to seals, but
previous surveys have indicated little behavioral reaction from these
animals to slow-moving vessels.
Effects on Subsistence Needs
Residents of the village of Barrow are the primary subsistence
users in the activity area. The subsistence harvest during winter and
spring is primarily ringed seals, but during the open-water period both
ringed and bearded seals are taken. Barrow hunters may hunt year round;
however in more recent years most of the harvest has been in the summer
during open water instead of the more difficult hunting of seals at
holes and lairs (McLaren 1958, Nelson 1969). The Barrow fall bowhead
whaling grounds, in some years, includes the Cape Simpson and Point
Lonely areas (e.g. the 1990 season, when a large aggregation of feeding
bowheads were pursued by Barrow hunters).
The most important area for Nuiqsut hunters is off the Colville
River Delta in Harrison Bay, between Fish Creek and Pingok Island
(149[deg]40' W). Seal hunting occurs in this area by snow machine
before spring break-up and by boat during summer. Subsistence patterns
are reflected in harvest data collected in 1992 where Nuiqsut hunters
harvested 22 of 24 ringed seals and all 16 bearded seals during the
open water season from July to October (Fuller and George, 1997).
Harvest data for 1994 and 1995 show 17 of 23 ringed seals were taken
from June to August, while there was no record of bearded seals being
harvested during these years (Brower and Opie, 1997).
Due to the transient and temporary nature of the barge operation,
impacts upon these seals are not expected to have an unmitigable
adverse impact on subsistence uses of ringed and bearded seals because:
(1) transient operations would temporarily displace relatively few
seals; (2) displaced seals would likely move only a short distance and
remain in the area for potential harvest by native hunters; (3) studies
at the Northstar development found no evidence of the development
activities affecting the availability of seals for subsistence hunters;
however, the Northstar vicinity is outside the areas used by
subsistence hunters (Williams and Moulton, 2001); (4) the area where
barge operations would be conducted is small compared to the large
Beaufort Sea subsistence hunting area associated with the extremely
wide distribution of ringed seals; and (5) the barging, as scheduled,
will be completed prior to beginning of the fall westward migration of
bowhead whales and the associated subsistence activities by the local
whalers.
In order to further minimize any effect of barge operations on the
availability of seals for subsistence, the tug boat owners/operators
will follow U.S. Coast Guard rules and regulations near coastal water,
therefore avoiding hunters and the locations of any seals being hunted
in the activity area, whenever possible.
While no impact is anticipated on the availability of marine mammal
species and stocks for subsistence uses, FEX is currently discussing
its proposed barging plan with the Alaska Eskimo Whaling Commission
(AEWC). Meeting schedules are being finalized with the subsistence
communities, the AEWC and the Whaling Captains Association. FEX plans
an interactive dialogue in the communities and will provide project
details and specifications during the meetings. The meetings will be
conducted to resolve potential conflicts with either the project
operation or the
[[Page 47812]]
plan of cooperation. FEX will provide details of those meetings and
will provide a copy of the draft Plan of Cooperation to NMFS.
The FEX's activities will comply with an agreed-upon Conflict
Avoidance Agreement (CAA) prior to the autumn bowhead hunt by the
residents of Kaktovik (Barter Island), Nuiqsut (Cross Island) and
Barrow Native villages. Ice, bad weather conditions, and other possible
operational considerations may affect the timing of the barge activity
and may require that some activities take place beyond the scheduled
target dates, but not during the September 1 - October 15 period.
Mitigation
FEX will mitigate any potential negative impacts from its barging
operation 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 not operating barges during the time bowheads are
migrating and feeding in the western Beaufort Sea (approximately late-
August through mid-October). In addition to these mitigation measures,
FEX has signed a CAA with the AEWC, North Slope Borough, and other
whaling communities in order to eliminate impacts to subsistence
hunting of bowheads and, thereby, on bowheads themselves.
Monitoring
During all tug/barging operations, FEX will have on-board at least
one professional marine biologist and one experienced Alaska Native
marine mammal observer throughout each transit. FEX will conduct a
visual monitoring program for assessing impacts to marine mammals
during the barge transits. As mentioned, because the Crowley Marine
tug/barge unit cannot accommodate observers due to USCG crew berthing
restrictions, the marine mammal observers will conduct monitoring from
the Bowhead Transportation self-propelled barge. Bowhead flexi-float
vessels will be dedicated to the FEX mobilization project until its
completion. In route to and from Cape Simpson, the Bowhead barges will
travel independent or in tandem with either another Bowhead barge or a
Crowley tug, or all three. Because the Crowley tug/barge cannot support
observers, all Crowley tug/barge trips under contract to FEX must be
conducted in tandem with a Bowhead vessel having two observers onboard.
Observers will conduct visual observations from the barge tugs
between West Dock and Cape Simpson. The monitoring program will
commence with barges towed from West Dock to Cape Simpson and will
continue on nearly 24-hour basis until the rig and support equipment
are placed in storage at Cape Simpson and the barges return to West
Dock.
When traveling in tandem, a Bowhead vessel will always be in the
lead and remain in direct communication with the Crowley tug/barge
vessel. The Bowhead and Crowley vessels may travel at a [frac1s2] mile
distance from each other depending upon the weather, but will follow
the same general route inside the barrier islands and remain as close
to the shore as possible.
FEX 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 FEX 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 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 FEX
activities as well as climatic conditions at the time of marine mammal
sightings. Observations would be made on a nearly 24-hour basis.
Reporting
All monitoring data collected would be reported to NMFS on a weekly
basis. FEX must provide a final report on 2005 activities to NMFS
within 90 days of the completion of the activity. This report will
provide dates and locations of all barge 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, numbers of each
species observed, direction of movement of all individuals, and any
observed changes or modifications in behavior.
ESA Consultation
The effects of oil and gas exploration activities in the U.S.
Beaufort Sea on listed species, which includes the proposed activity,
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. The only species listed under the ESA that
might be affected during these activities are bowhead whales. The
effects of the proposed IHA on bowhead whales has been compared with
the analysis contained in the 2001 biological opinion. NMFS has
determined that the effects of the current activity are consistent with
the findings of that biological opinion, and, accordingly, NMFS has
issued an Incidental Take Statement under section 7 of the ESA.
National Environmental Policy Act (NEPA)
On February 5, 1999 (64 FR 5789), the Environmental Protection
Agency (EPA) noted the availability of a Final Environmental Impact
Statement (Final EIS) prepared by the U.S. Army Corps of Engineers
under NEPA on Beaufort Sea oil and gas development at Northstar. NMFS
was a cooperating agency on the preparation of the Draft and Final
EISs, and subsequently, on May 18, 2000, adopted the Corps' Final EIS
as its own document. That Final EIS described impacts to marine mammals
from Northstar construction activities, which included vessel traffic
similar to the currently proposed action by FEX. Because the barging
activity discussed in the Final EIS is not substantially different from
the proposed action by FEX, 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.
Conclusions
NMFS has determined that the short-term impact of conducting a
barging operation between West Dock, Prudhoe Bay and Cape Simpson, in
the U.S. Beaufort 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 from the barging operation,
this behavioral change is expected to have a negligible impact on the
survival and recruitment of marine mammal 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
[[Page 47813]]
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 barging
operation will not have an adverse impact on subsistence activities is
a CAA between FEX, the AEWC and the Whaling Captains Association, a
Plan of Cooperation, and an operation schedule that will not permit
barging operations during the traditional bowhead whaling season.
Determinations
NMFS has issued an IHA for the harassment of marine mammals
incidental to FEX conducting a barging operation for approximately 20
days from West Dock, Prudhoe Bay Alaska, through the U.S. Beaufort Sea
to Cape Simpson. This IHA is contingent upon incorporation of the
previously mentioned mitigation, monitoring, and reporting
requirements. NMFS has determined that this 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 since the previously described CAA has been
signed.
Authorization
NMFS has issued an IHA to FEX L.P. to take a small number of marine
mammals incidental to conducting a barging operation within the U.S.
Beaufort Sea, provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated.
Dated: August 8, 2005.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-16060 Filed 8-12-05; 8:45 am]
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