Taking of Marine Mammals Incidental to Specified Activities; On-ice Seismic Operations in the Beaufort Sea, 17066-17068 [05-6612]
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17066
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices
Franklin Court Building, 1099 14th
Street, NW, Washington, D.C.
Docket Number: 05–005.
Applicant: University of Vermont,
Burlington Vermont, 05405.
Instrument: Excimer Laser.
Manufacturer: TuiLaser AG, Germany.
Intended Use: See notice at 70 FR
9046, February 24, 2005.
Comments: None received.
Decision: Approved. No instrument of
equivalent scientific value to the foreign
instrument, for such purposes as it is
intended to be used, is being
manufactured in the United States.
Reasons: The foreign instrument
provides: (1) 300 mJ/pulse at 100 Hz at
248 nm, (2) a power level above the
laser ablation threshold and (3) very fast
rise time.
The National Institute of Standards
and Technology and a university
research laboratory advise that (1) these
capabilities are pertinent to the
applicant’s intended purpose and (2)
they know of no domestic instrument or
apparatus of equivalent scientific value
to the foreign instrument for the
applicant’s intended use.
We know of no other instrument or
apparatus of equivalent scientific value
to the foreign instrument which is being
manufactured in the United States.
Gerald A. Zerdy,
Program Manager, Statutory Import Programs
Staff.
[FR Doc. E5–1492 Filed 4–1–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 122304A]
Taking of Marine Mammals Incidental
to Specified Activities; On-ice Seismic
Operations in the Beaufort Sea
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
AGENCY:
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
on-ice vibroseis seismic operations from
Milne Point to the eastern channel of
the Colville River in the U.S. Beaufort
Sea to a distance offshore of 2.3 nautical
VerDate jul<14>2003
15:19 Apr 01, 2005
Jkt 205001
miles (nm)(4.3 kilometers (km)) has
been issued to ConocoPhillips Alaska
(CPA) for a period of one year.
DATES: Effective from March 29, 2005
through March 28, 2006.
ADDRESSES: The authorization and
application containing a list of the
references used in this document may
be obtained by writing to this address or
by telephoning the contact listed here.
The application is also available at:
https://www.nmfs.noaa.gov/protlres/
PR2/SmalllTake/
smalltakelinfo.htm#applications.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hollingshead, Office of
Protected Resources, NMFS, (301) 713–
2289, ext 128 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 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
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
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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 26, 2004, NMFS
received an application from CPA for
the taking, by harassment, of two
species of marine mammals incidental
to conducting an on-ice seismic survey
program. The seismic operations will be
conducted from Milne Point to the
eastern channel of the Colville River in
the Alaskan Beaufort Sea to a distance
offshore of 2.3 nm (4.3 km), an area
encompasing approximately 51 mi2
(132.1 km2). Water depths in most
(greater than 95 percent) of the planned
survey area are less than 10 ft (3 m).
The purpose of the project is to gather
information about the subsurface of the
earth by measuring acoustic waves,
which are generated on or near the
surface. The acoustic waves reflect at
boundaries in the earth that are
characterized by acoustic impedance
contrasts.
Description of the Activity
The seismic surveys use the
‘‘reflection’’ method of data acquisition.
Seismic exploration uses a controlled
energy source to generate acoustic
waves that travel through the earth,
including sea ice and water, as well as
sub-sea geologic formations, and then
uses ground sensors to record the
reflected energy transmitted back to the
surface. When acoustic energy is
generated, compression and shear waves
form and travel in and on the earth. The
compression and shear waves are
affected by the geological formations of
the earth as they travel in it and may be
reflected, refracted, diffracted or
transmitted when they reach a boundary
represented by an acoustic impedance
contrast. Vibroseis seismic operations
use large trucks with vibrators that
systematically put variable frequency
energy into the earth. At least 1.2 m (4
ft) of sea ice is required to support the
various equipment and vehicles used to
transport seismic equipment offshore for
exploration activities. These ice
conditions generally exist from 1
January until 31 May in the Beaufort
Sea. Several vehicles are normally
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices
associated with a typical vibroseis
operation. One or two vehicles with
survey crews move ahead of the
operation and mark the energy input
points. Crews with wheeled vehicles
often require trail clearance with
bulldozers for adequate access to and
within the site. Crews with tracked
vehicles are typically limited by heavy
snow cover and may require trail
clearance beforehand.
With the vibroseis technique, activity
on the surveyed seismic line begins
with the placement of sensors. All
sensors are connected to the recording
vehicle by multi-pair cable sections. The
vibrators move to the beginning of the
line and begin recording data. The
vibrators begin vibrating in synchrony
via a simultaneous radio signal to all
vehicles. In a typical survey, each
vibrator will vibrate four times at each
location. The entire formation of
vibrators subsequently moves forward to
the next energy input point (e.g. 67 m,
or 220 ft, in most applications) and
repeats the process. In a typical 16- to
18–hour day, a surveys will complete 6–
16 km (4 to 10 linear miles) in 2–
dimensional seismic operations and 24
to 64 km (15 to 40 linear miles) in a 3–
dimensional seismic operation.
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 did not receive
any comments.
Description of Habitat, Marine
Mammals Affected by the Activity, and
the Impact on Affected Marine
Mammals
A detailed description of the seismic
survey activities, its associated marine
mammals and the potential impacts on
both the affected marine mammals and
subsistence uses of those mammals can
be found in the CPA application, a
number of documents referenced in the
CPA application (see ADDRESSES), and
in the proposed IHA notice (70 FR 6626,
February 8, 2005). That information is
not repeated here.
Mitigation and Monitoring
The following mitigation measures
will be implemented for the subject
surveys: (1) All activities will be
conducted as far as practicable from any
observed ringed or bearded seal lair and
no energy source will be placed over a
ringed or bearded seal lair; (2) only
vibrator-type energy-source equipment
shown to have similar or lesser effects
will be used; and (3) CPA will provide
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15:19 Apr 01, 2005
Jkt 205001
training for the seismic crews so they
can recognize potential areas of ringed
seal lairs and adjust the seismic
operations accordingly.
Ringed seal pupping occurs in ice
lairs from late March to mid-to-late
April (Smith and Hammill, 1981). Prior
to commencing on-ice seismic surveys
in mid-March, a survey using
experienced field personnel and trained
dogs will be conducted along the
planned on-ice seismic transmission
routes in areas where water depths
exceed 3 m (9.8 ft) to identify and
determine the status of potential seal
structures along the planned on-ice
transit routes. The seal structure survey
will be conducted before selection of
precise transit routes to ensure that
seals, particularly pups, are not injured
by equipment. The locations of all seal
structures will be recorded by Global
Positioning System (GPS), staked, and
flagged with surveyor’s tape. Surveys
will be conducted 150 m (492 ft) to each
side of the transit routes. Actual width
of route may vary depending on wind
speed and direction, which strongly
influence the efficiency and
effectiveness of dogs locating seal
structures. Few, if any, seals inhabit icecovered waters shallower than 3 m (9.8
ft) due to water freezing to the bottom
or poor prey availability caused by the
limited amount of ice-free water.
The level of take, while anticipated to
be negligible, will be assessed by
conducting a second seal structure
survey shortly after the end of the
seismic surveys. A single on-ice survey
will be conducted by biologists on snow
machines using a GPS to relocate and
determine the status of seal structures
located during the initial survey. The
status (active vs. inactive) of each
structure will be determined to assess
the level of incidental take by seismic
operations. The number of active seal
structures abandoned between the
initial survey and the final survey will
be the basis for enumerating harassment
takes. If dogs are not available for the
initial survey, takings will be
determined by using observed densities
of seals on ice reported by Moulton et
al. (200I) for the Northstar development,
which is approximately 24 nm (46 km)
from the eastern edge of the proposed
activity area.
CPA will also continue to work with
NMFS, other Federal agencies, the State
of Alaska, Native communities of
Barrow and Nuiqsut, and the Inupiat
Community of the Arctic Slope (ICAS)
to assess measures to further minimize
any impact from seismic activity. A Plan
of Cooperation will be developed
between CPA and Nuiqsut to ensure that
seismic activities do not interfere with
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Fmt 4703
Sfmt 4703
17067
subsistence harvest of ringed or bearded
seals.
In the event that seismic surveys can
be completed in that portion of the
activity area with water depths greater
than or equal to 3 m (9.8 ft) before midMarch, no field surveys would be
conducted of seal structures. Under this
scenario, surveys would be completed
before pups are born and disturbance
would be negligible. Therefore, take
estimates would be determined for only
that portion of the activity area exposed
to seismic surveys after mid-March,
which would be in water depths of 3 m
(9.8 ft) or less. Take for this area would
be estimated by using the observed
density (13/100 km2) reported by
Moulton et al. (2001) for water depths
between 0 to 3 m (0 to 9.8 ft) in the
Northstar project area, which is the only
source of a density estimate stratified by
water depth for the Beaufort Sea. This
would be an overestimation requiring a
substantial downward adjustment to
reflect the actual take of seals using
lairs, since few if any of the structures
in these water depths would be used for
birthing, and Moulton et al. (2001)
estimate includes all seals.
This monitoring program was
reviewed at the fall 2002 on-ice meeting
sponsored by NMFS’ National Marine
Mammal Laboratory in Seattle and
found acceptable.
Reporting
An annual report must be submitted
to NMFS within 90 days of completing
the year’s activities.
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 CPA for this on-ice
seismic survey.
National Environmental Policy Act
(NEPA)
The information provided in
Environmental Assessments (EAs)
prepared in 1993 and 1998 for winter
seismic activities led NOAA to conclude
that implementation of either the
preferred alternative or other
alternatives identified in the EA would
not have a significant impact on the
human environment. Therefore, an
Environmental Impact Statement was
not prepared. The proposed action
discussed in this document is not
substantially different from the 1992
and 1998 actions, and a reference search
has indicated that no significant new
scientific information or analyses have
been developed in the past several years
E:\FR\FM\04APN1.SGM
04APN1
17068
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices
that would warrant new NEPA
documentation. Accordingly, this action
is categorically excluded from further
review under NOAA Administrative
Order 216–6.
Determinations
The anticipated impact of winter
seismic activities on the species or stock
of ringed and bearded seals is expected
to be negligible for the following
reasons:
(1) The activity area supports a small
proportion (<1 percent) of the ringed
and bearded seal populations in the
Beaufort Sea.
(2) Most of the winter-run seismic
lines will be on ice over shallow water
where ringed seals are absent or present
in very low abundance. Over 90 percent
of the activity area is near shore and/or
in water less than 3 m (9.8 ft) deep,
which is generally considered poor seal
habitat. Moulton et al. (2001) reported
that only 6 percent of 660 ringed seals
observed on ice in the Northstar project
area were in water between 0 to 3 m (0
to 9.8 ft) deep.
(3) For reasons of safety and because
of normal operational constraints,
seismic operators will avoid moderate
and large pressure ridges, where seal
and pupping lairs are likely to be most
numerous.
(4) Many of the on-ice seismic lines
and connecting ice roads will be laid
out and explored during January and
February, when many ringed seals are
still transient, and considerably before
the spring pupping season.
(5) The sounds from energy produced
by vibrators used during on-ice seismic
programs typically are at frequencies
well below those used by ringed seals to
communicate (1000 Hz). Thus, ringed
seal hearing is not likely to be very good
at those frequencies and seismic sounds
are not likely to have strong masking
effects on ringed seal calls. This effect
is further moderated by the quiet
intervals between seismic energy
transmissions.
(6) There has been no major
displacement of seals away from on-ice
seismic operations (Frost and Lowry,
1988). Further confirmation of this lack
of major response to industrial activity
is illustrated by the fact that there has
been no major displacement of seals
near the Northstar Project. Studies at
Northstar have shown a continued
presence of ringed seals throughout
winter and creation of new seal
structures (Williams et al., 2001).
(7) Although seals may abandon
structures near seismic activity, studies
have not demonstrated a cause and
effect relationship between
abandonment and seismic activity or
VerDate jul<14>2003
15:19 Apr 01, 2005
Jkt 205001
biologically significant impact on ringed
seals. Studies by Williams et al. (2001),
Kelley et al. (1986, 1988) and Kelly and
Quakenbush (1990) have shown that
abandonment of holes and lairs and
establishment or re-occupancy of new
ones is an ongoing natural occurrence,
with or without human presence. Link
et al. (1999) compared ringed seal
densities between areas with and
without vibroseis activity and found
densities were highly variable within
each area and inconsistent between
areas (densities were lower for 5 days,
equal for 1 day, and higher for 1 day in
vibroseis area), suggesting other factors
beyond the seismic activity likely
influenced seal use patterns.
Consequently, a wide variety of natural
factors influence patterns of seal use
including time of day, weather, season,
ice deformation, ice thickness,
accumulation of snow, food availability
and predators as well as ring seal
behavior and population dynamics.
In winter, bearded seals are restricted
to cracks, broken ice, and other
openings in the ice. On-ice seismic
operations avoid those areas for safety
reasons. Therefore, any exposure of
bearded seals to on-ice seismic
operations would be limited to distant
and transient exposure. Bearded seals
exposed to a distant on-ice seismic
operation might dive into the water.
Consequently, no significant effects on
individual bearded seals or their
population are expected, and the
number of individuals that might be
temporarily disturbed would be very
low.
As a result, CPA and NMFS believe
the effects of on-ice seismic are
expected to be limited to short-term and
localized behavioral changes involving
relatively small numbers of seals. NMFS
has 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 species
or stocks of ringed and bearded seals.
Also, the potential effects of the on-ice
seismic operations during 2005 are
unlikely to result in more than small
numbers of seals being affected and will
not have an unmitigable adverse impact
on subsistence uses of these two
species.
Authorization
NMFS has issued an IHA to CPA for
conducting seismic surveys from Milne
Point to the eastern channel of the
Colville River in the U.S. Beaufort Sea,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
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Sfmt 4703
Dated: March 29, 2005.
Laurie K. Allen,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–6612 Filed 4–1–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 032905B]
Caribbean Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The Caribbean Fishery
Management Council (Council) and its
Administrative Committee will hold
meetings.
The meetings will be held on
May 3 and 4, 2005. The Council will
convene on Tuesday, May 3, 2005, from
9 a.m. to 5 p.m., and the Administrative
Committee will meet from 5:15 p.m. to
6 p.m. The Council will reconvene on
Wednesday, May 4, 2005, from 8:30 a.m.
to 5 p.m., approximately.
ADDRESSES: The meetings will be held at
Frenchman’s Reef and Morning Star
Marriott Beach Resort, #5 Estate
Bakkeroe, St. Thomas, USVI.
FOR FURTHER INFORMATION CONTACT:
Caribbean Fishery Management Council,
´
268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–1920,
telephone (787) 766–5926.
SUPPLEMENTARY INFORMATION: The
Council will hold its 118th regular
public meeting to discuss the items
contained in the following agenda:
May 3, 2005
9 a.m.–5 p.m.
Call to Order
Adoption of Agenda
Consideration of 117th Council
Meeting Verbatim Minutes
Executive Director’s Report
R/V Nancy Foster USVI Survey
Update
Proposed rule for Acropora palmata/
Acropora cervicornis
SFA Document–Final Action
CFMC Research Needs
5:15 p.m.– 6 p.m.
Administrative Committee Meeting
-AP/SSC/HAP Membership
-Budget 2002, 2003, 2004/05
-Pending travel and Contracts
-Other Business
May 4, 2005
DATES:
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17066-17068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6612]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 122304A]
Taking of Marine Mammals Incidental to Specified Activities; On-
ice Seismic Operations in the Beaufort Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
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 on-ice vibroseis seismic
operations from Milne Point to the eastern channel of the Colville
River in the U.S. Beaufort Sea to a distance offshore of 2.3 nautical
miles (nm)(4.3 kilometers (km)) has been issued to ConocoPhillips
Alaska (CPA) for a period of one year.
DATES: Effective from March 29, 2005 through March 28, 2006.
ADDRESSES: The authorization and application containing a list of the
references used in this document may be obtained by writing to this
address or by telephoning the contact listed here. The application is
also available at: https://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/
smalltake_info.htm#applications.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2289, ext 128 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 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 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 26, 2004, NMFS received an application from CPA for the
taking, by harassment, of two species of marine mammals incidental to
conducting an on-ice seismic survey program. The seismic operations
will be conducted from Milne Point to the eastern channel of the
Colville River in the Alaskan Beaufort Sea to a distance offshore of
2.3 nm (4.3 km), an area encompasing approximately 51 mi2 (132.1
km\2\). Water depths in most (greater than 95 percent) of the planned
survey area are less than 10 ft (3 m).
The purpose of the project is to gather information about the
subsurface of the earth by measuring acoustic waves, which are
generated on or near the surface. The acoustic waves reflect at
boundaries in the earth that are characterized by acoustic impedance
contrasts.
Description of the Activity
The seismic surveys use the ``reflection'' method of data
acquisition. Seismic exploration uses a controlled energy source to
generate acoustic waves that travel through the earth, including sea
ice and water, as well as sub-sea geologic formations, and then uses
ground sensors to record the reflected energy transmitted back to the
surface. When acoustic energy is generated, compression and shear waves
form and travel in and on the earth. The compression and shear waves
are affected by the geological formations of the earth as they travel
in it and may be reflected, refracted, diffracted or transmitted when
they reach a boundary represented by an acoustic impedance contrast.
Vibroseis seismic operations use large trucks with vibrators that
systematically put variable frequency energy into the earth. At least
1.2 m (4 ft) of sea ice is required to support the various equipment
and vehicles used to transport seismic equipment offshore for
exploration activities. These ice conditions generally exist from 1
January until 31 May in the Beaufort Sea. Several vehicles are normally
[[Page 17067]]
associated with a typical vibroseis operation. One or two vehicles with
survey crews move ahead of the operation and mark the energy input
points. Crews with wheeled vehicles often require trail clearance with
bulldozers for adequate access to and within the site. Crews with
tracked vehicles are typically limited by heavy snow cover and may
require trail clearance beforehand.
With the vibroseis technique, activity on the surveyed seismic line
begins with the placement of sensors. All sensors are connected to the
recording vehicle by multi-pair cable sections. The vibrators move to
the beginning of the line and begin recording data. The vibrators begin
vibrating in synchrony via a simultaneous radio signal to all vehicles.
In a typical survey, each vibrator will vibrate four times at each
location. The entire formation of vibrators subsequently moves forward
to the next energy input point (e.g. 67 m, or 220 ft, in most
applications) and repeats the process. In a typical 16- to 18-hour day,
a surveys will complete 6-16 km (4 to 10 linear miles) in 2-dimensional
seismic operations and 24 to 64 km (15 to 40 linear miles) in a 3-
dimensional seismic operation.
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 did
not receive any comments.
Description of Habitat, Marine Mammals Affected by the Activity, and
the Impact on Affected Marine Mammals
A detailed description of the seismic survey activities, its
associated marine mammals and the potential impacts on both the
affected marine mammals and subsistence uses of those mammals can be
found in the CPA application, a number of documents referenced in the
CPA application (see ADDRESSES), and in the proposed IHA notice (70 FR
6626, February 8, 2005). That information is not repeated here.
Mitigation and Monitoring
The following mitigation measures will be implemented for the
subject surveys: (1) All activities will be conducted as far as
practicable from any observed ringed or bearded seal lair and no energy
source will be placed over a ringed or bearded seal lair; (2) only
vibrator-type energy-source equipment shown to have similar or lesser
effects will be used; and (3) CPA will provide training for the seismic
crews so they can recognize potential areas of ringed seal lairs and
adjust the seismic operations accordingly.
Ringed seal pupping occurs in ice lairs from late March to mid-to-
late April (Smith and Hammill, 1981). Prior to commencing on-ice
seismic surveys in mid-March, a survey using experienced field
personnel and trained dogs will be conducted along the planned on-ice
seismic transmission routes in areas where water depths exceed 3 m (9.8
ft) to identify and determine the status of potential seal structures
along the planned on-ice transit routes. The seal structure survey will
be conducted before selection of precise transit routes to ensure that
seals, particularly pups, are not injured by equipment. The locations
of all seal structures will be recorded by Global Positioning System
(GPS), staked, and flagged with surveyor's tape. Surveys will be
conducted 150 m (492 ft) to each side of the transit routes. Actual
width of route may vary depending on wind speed and direction, which
strongly influence the efficiency and effectiveness of dogs locating
seal structures. Few, if any, seals inhabit ice-covered waters
shallower than 3 m (9.8 ft) due to water freezing to the bottom or poor
prey availability caused by the limited amount of ice-free water.
The level of take, while anticipated to be negligible, will be
assessed by conducting a second seal structure survey shortly after the
end of the seismic surveys. A single on-ice survey will be conducted by
biologists on snow machines using a GPS to relocate and determine the
status of seal structures located during the initial survey. The status
(active vs. inactive) of each structure will be determined to assess
the level of incidental take by seismic operations. The number of
active seal structures abandoned between the initial survey and the
final survey will be the basis for enumerating harassment takes. If
dogs are not available for the initial survey, takings will be
determined by using observed densities of seals on ice reported by
Moulton et al. (200I) for the Northstar development, which is
approximately 24 nm (46 km) from the eastern edge of the proposed
activity area.
CPA will also continue to work with NMFS, other Federal agencies,
the State of Alaska, Native communities of Barrow and Nuiqsut, and the
Inupiat Community of the Arctic Slope (ICAS) to assess measures to
further minimize any impact from seismic activity. A Plan of
Cooperation will be developed between CPA and Nuiqsut to ensure that
seismic activities do not interfere with subsistence harvest of ringed
or bearded seals.
In the event that seismic surveys can be completed in that portion
of the activity area with water depths greater than or equal to 3 m
(9.8 ft) before mid-March, no field surveys would be conducted of seal
structures. Under this scenario, surveys would be completed before pups
are born and disturbance would be negligible. Therefore, take estimates
would be determined for only that portion of the activity area exposed
to seismic surveys after mid-March, which would be in water depths of 3
m (9.8 ft) or less. Take for this area would be estimated by using the
observed density (13/100 km\2\) reported by Moulton et al. (2001) for
water depths between 0 to 3 m (0 to 9.8 ft) in the Northstar project
area, which is the only source of a density estimate stratified by
water depth for the Beaufort Sea. This would be an overestimation
requiring a substantial downward adjustment to reflect the actual take
of seals using lairs, since few if any of the structures in these water
depths would be used for birthing, and Moulton et al. (2001) estimate
includes all seals.
This monitoring program was reviewed at the fall 2002 on-ice
meeting sponsored by NMFS' National Marine Mammal Laboratory in Seattle
and found acceptable.
Reporting
An annual report must be submitted to NMFS within 90 days of
completing the year's activities.
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 CPA
for this on-ice seismic survey.
National Environmental Policy Act (NEPA)
The information provided in Environmental Assessments (EAs)
prepared in 1993 and 1998 for winter seismic activities led NOAA to
conclude that implementation of either the preferred alternative or
other alternatives identified in the EA would not have a significant
impact on the human environment. Therefore, an Environmental Impact
Statement was not prepared. The proposed action discussed in this
document is not substantially different from the 1992 and 1998 actions,
and a reference search has indicated that no significant new scientific
information or analyses have been developed in the past several years
[[Page 17068]]
that would warrant new NEPA documentation. Accordingly, this action is
categorically excluded from further review under NOAA Administrative
Order 216-6.
Determinations
The anticipated impact of winter seismic activities on the species
or stock of ringed and bearded seals is expected to be negligible for
the following reasons:
(1) The activity area supports a small proportion (<1 percent) of
the ringed and bearded seal populations in the Beaufort Sea.
(2) Most of the winter-run seismic lines will be on ice over
shallow water where ringed seals are absent or present in very low
abundance. Over 90 percent of the activity area is near shore and/or in
water less than 3 m (9.8 ft) deep, which is generally considered poor
seal habitat. Moulton et al. (2001) reported that only 6 percent of 660
ringed seals observed on ice in the Northstar project area were in
water between 0 to 3 m (0 to 9.8 ft) deep.
(3) For reasons of safety and because of normal operational
constraints, seismic operators will avoid moderate and large pressure
ridges, where seal and pupping lairs are likely to be most numerous.
(4) Many of the on-ice seismic lines and connecting ice roads will
be laid out and explored during January and February, when many ringed
seals are still transient, and considerably before the spring pupping
season.
(5) The sounds from energy produced by vibrators used during on-ice
seismic programs typically are at frequencies well below those used by
ringed seals to communicate (1000 Hz). Thus, ringed seal hearing is not
likely to be very good at those frequencies and seismic sounds are not
likely to have strong masking effects on ringed seal calls. This effect
is further moderated by the quiet intervals between seismic energy
transmissions.
(6) There has been no major displacement of seals away from on-ice
seismic operations (Frost and Lowry, 1988). Further confirmation of
this lack of major response to industrial activity is illustrated by
the fact that there has been no major displacement of seals near the
Northstar Project. Studies at Northstar have shown a continued presence
of ringed seals throughout winter and creation of new seal structures
(Williams et al., 2001).
(7) Although seals may abandon structures near seismic activity,
studies have not demonstrated a cause and effect relationship between
abandonment and seismic activity or biologically significant impact on
ringed seals. Studies by Williams et al. (2001), Kelley et al. (1986,
1988) and Kelly and Quakenbush (1990) have shown that abandonment of
holes and lairs and establishment or re-occupancy of new ones is an
ongoing natural occurrence, with or without human presence. Link et al.
(1999) compared ringed seal densities between areas with and without
vibroseis activity and found densities were highly variable within each
area and inconsistent between areas (densities were lower for 5 days,
equal for 1 day, and higher for 1 day in vibroseis area), suggesting
other factors beyond the seismic activity likely influenced seal use
patterns. Consequently, a wide variety of natural factors influence
patterns of seal use including time of day, weather, season, ice
deformation, ice thickness, accumulation of snow, food availability and
predators as well as ring seal behavior and population dynamics.
In winter, bearded seals are restricted to cracks, broken ice, and
other openings in the ice. On-ice seismic operations avoid those areas
for safety reasons. Therefore, any exposure of bearded seals to on-ice
seismic operations would be limited to distant and transient exposure.
Bearded seals exposed to a distant on-ice seismic operation might dive
into the water. Consequently, no significant effects on individual
bearded seals or their population are expected, and the number of
individuals that might be temporarily disturbed would be very low.
As a result, CPA and NMFS believe the effects of on-ice seismic are
expected to be limited to short-term and localized behavioral changes
involving relatively small numbers of seals. NMFS has 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 species or stocks of ringed and bearded seals. Also, the
potential effects of the on-ice seismic operations during 2005 are
unlikely to result in more than small numbers of seals being affected
and will not have an unmitigable adverse impact on subsistence uses of
these two species.
Authorization
NMFS has issued an IHA to CPA for conducting seismic surveys from
Milne Point to the eastern channel of the Colville River in the U.S.
Beaufort Sea, provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated.
Dated: March 29, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-6612 Filed 4-1-05; 8:45 am]
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