Small Takes of Marine Mammals Incidental to Specified Activities; Movement of Barges through the Beaufort Sea between West Dock and Cape Simpson or Point Lonely, Alaska, 24002-24005 [05-9127]
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Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices
established in Title 15 Code of Federal
Regulations Part 10, Procedures for the
Development of Voluntary Product
Standards, and administered by NIST,
the American Lumber Standard
Committee acts as the Standing
Committee for PS 20–99, American
Softwood Lumber Standard, responsible
for maintaining, revising, and
interpreting the standard. The
Committee is comprised of producers,
distributors, users, and others with an
interest in the standard.
Voluntary Product Standard (PS) 20–
05 establishes standard sizes and
requirements for developing and
coordinating the lumber grades of the
various species of lumber, the
assignment of design values, and the
preparation of grading rules applicable
to each species. Its provisions include
implementation of the standard through
an accreditation and certification
program; establishment of principal
trade classifications and lumber sizes
for yard, structural, and factory/shop
use; classification, measurement,
grading, and grade-marking of lumber;
definitions of terms and procedures to
provide a basis for the use of uniform
methods in the grading inspection,
measurement, and description of
softwood lumber; commercial names of
the principal softwood species;
definitions of terms used in describing
standard grades of lumber; and
commonly used industry abbreviations.
The standard also includes the
organization and functions of the
American Lumber Standard Committee,
the Board of Review, and the National
Grading Rule Committee.
In addition to format, terminology,
updates and general clarification, this
revision makes the following major
recommendations: (1) Section 2.2, Board
measure, adds calculation of board feet
for pieces of lumber less than 1″ in
thickness; (2) Section 2.12, Heat treated
(HT), adds a definition for heat treated
lumber; (3) Table 3, Nominal and
minimum-dressed sizes of boards,
dimensions, and timbers, adds dry
timber sizes as shown in amended Table
3; (4) Sections 6.2.3.1, and 6.2.5.1, on
dry and green size requirements,
respectively, adds language that
recognizes that lumber shrinks or
expands depending on its moisture
content; (5) Section 7.3.3, concerning
grade marking, defines bundled lumber;
(6) Section 10, Board of Review, is
reformatted; (7) Section 11.3,
Composition of National Grading Rule
Committee, deletes old building code
organizations and adds new building
code organizations represented on the
Committee and adds membership to the
Committee as indicated; and (8)
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Appendix A, Commercial Names of the
Principal Softwood Species, deletes
species groups and adds additional
species.
All public comments will be reviewed
and considered. The American Lumber
Standard Committee and NIST will
revise the standard accordingly.
Dated: April 28, 2005.
Hratch G. Semerjian,
Acting Director.
[FR Doc. 05–9115 Filed 5–5–05; 8:45 am]
BILLING CODE 3510–13–P
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 or Point Lonely, Alaska
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.
AGENCY:
SUMMARY: NMFS has received a request
from FEX L.P. (FEX), a subsidiary of
Talisman Energy, Inc for an
authorization to take small numbers of
marine mammals by harassment
incidental to conducting a barging
operation within the U.S. Beaufort Sea.
Under the Marine Mammal Protection
Act (MMPA), NMFS is requesting
comments on its proposal to authorize
FEX to incidentally take, by harassment,
small numbers of bowhead whales,
beluga whales, ringed seals, bearded
seals, and spotted seals in the above
mentioned area between approximately
July 1 and November 30, 2005.
DATES: Comments and information must
be received no later than June 6, 2005.
ADDRESSES: Comments on the
application should be addressed to
Steve Leathery, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. The mailbox address
for providing email comments is
PR1.040805A@noaa.gov. 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
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exceed a 10–megabyte file size. A copy
of the 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
and is also available at: https://
www.nmfs.noaa.gov/protlres/PR2/
SmalllTake/
smalltakelinfo.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,
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
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].
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Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices
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 or Point
Lonely 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 or Pt.
Lonely. Approximately 8 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/Point
Lonely, and one would be left at one of
those locations to serve as a temporary
dock-head. The other barge would then
make approximately 6 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 and to complete
the barging by August 15th, 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 or Pt.
Lonely is proposed. 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.
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). A brief description of
the biology, distribution, and current
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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: https://
www.nmfs.noaa.gov/protlres/PR2/
StocklAssessmentlProgram/
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.
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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°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
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Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices
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
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 proposes to 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 is working
with the AEWC, North Slope Borough,
and other whaling communities to
complete a new CAA to eliminate
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impacts to subsistence hunting of
bowheads and thereby on bowheads
themselves.
Monitoring
During all tug/barging operations,
FEX will have on-board marine mammal
monitors throughout the transit. As part
of its application, FEX proposes to
conduct a visual monitoring program for
assessing impacts to marine mammals
during the barge transits. 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
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proposed IHA on bowhead whales will
be compared with the analysis
contained in the 2001 biological
opinion. If NMFS determines that the
effects of the current activity are
consistent with the findings of that
biological opinion, and 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
(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.
NMFS is currently reviewing this Final
EIS and will make a final NEPA
determination on this action prior to
making a determination on the issuance
of the IHA to FEX.
Preliminary Conclusions
NMFS has preliminarily determined
that the short-term impact of conducting
a barging operation between West Dock,
Prudhoe Bay and either Cape Simpson
or Point Lonely, 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
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
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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 are 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.
Proposed Authorization
NMFS proposes to issue 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 either
Cape Simpson or Point Lonely. This
proposed IHA 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 is
submitted to NMFS and the previously
described CAA is signed.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed IHA and the
application for regulations request (see
ADDRESSES).
Dated: May 2, 2005.
P. Michael Payne,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–9127 Filed 5–5–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
SUMMARY: The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Research Steering Committee in May,
2005. Recommendations from the
committee will be brought to the full
Council for formal consideration and
action, if appropriate.
The meeting will held on
Wednesday, May 25, 2005, at 9:30 a.m.
DATES:
The meeting will be held at
the Sheraton Colonial, One Audubon
Road, Wakefield, MA 01880; telephone:
(781) 245–9300.
ADDRESSES:
Paul
J. Howard, Executive Director, New
England Fishery Management Council
(978) 465–0492. Requests for special
accommodations should be addressed to
the New England Fishery Management
Council, 50 Water Street, Newburyport,
MA 01950; telephone: (978) 465–0492.
FOR FURTHER INFORMATION CONTACT:
There will
be a committee review of several
cooperative research project final
reports and the development of any
associated advice for use by the Council.
There will be an update on NOAA
Fisheries Service plans to issue a
Request for Proposals for short-term
research projects; and review of the
status of projects affected by the policy
to use ‘‘A’’ days-at-sea to account for
catch and associated fishing mortality
during cooperative research efforts.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard (see ADDRESSES) at least 5
days prior to the meeting dates.
National Oceanic and Atmospheric
Administration
[I.D. 050305A]
New England Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce
AGENCY:
18:03 May 05, 2005
Public meeting
Special Accommodations
DEPARTMENT OF COMMERCE
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ACTION:
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Dated: May 3, 2005.
Emily Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–2209 Filed 5–5–05; 8:45 am]
BILLING CODE 3510–22–S
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Patent and Trademark Office
[Docket No. 2005–P–059]
Changes to the Transitional
Procedures for Limited Examination
After Final Rejection in Certain
Applications Filed Before June 8, 1995
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Uruguay Round
Agreements Act (URAA) provided for a
transitional procedure for the limited
examination after final rejection in
certain applications filed before June 8,
1995. The United States Patent and
Trademark Office (Office) is changing its
final action practice for the Office action
immediately following a submission
under the URAA transitional limited
examination procedure. The Office is
changing this final action practice to
conform with the intent of the URAA
and to facilitate the completion of
prosecution of applications to which the
URAA transitional limited examination
procedure applies.
DATES: Effective Date: The change in
practice in this notice applies to any
submission under 37 CFR 1.129(a) filed
on or after June 8, 2005.
FOR FURTHER INFORMATION CONTACT:
Robert W. Bahr, Senior Patent Attorney,
Office of the Deputy Commissioner for
Patent Examination Policy, by telephone
at (571) 272–8800, by mail addressed to:
Mail Stop Comments—Patents,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450, or by
facsimile to (571) 273–7735, marked to
the attention of Robert W. Bahr.
SUPPLEMENTARY INFORMATION: The
URAA provided (among other things)
for the Office to prescribe regulations to
provide further limited (re)examination
after final rejection of applications that
have been pending for two years or
longer as of June 8, 1995, taking into
account any reference made in such
application to any earlier filed
applications under 35 U.S.C. 120, 121,
or 365(c). See Pub. L. 103–465,
§ 532(a)(2)(A), 108 Stat. 4809, 4985
(1994). The Statement of Administration
Action that accompanied the URAA
indicated that the purpose of this
transitional procedure for the limited
examination of certain applications filed
before June 8, 1995, was to facilitate the
completion of the prosecution of
applications pending in the Office as of
June 8, 1995. See Uruguay Round
Agreements Act: Statement of
Administrative Action, H.R. Doc. No.
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]]>Agencies
[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24002-24005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9127]
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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 or Point Lonely, Alaska
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 FEX L.P. (FEX), a subsidiary
of Talisman Energy, Inc for an authorization to take small numbers of
marine mammals by harassment incidental to conducting a barging
operation within the U.S. Beaufort Sea. Under the Marine Mammal
Protection Act (MMPA), NMFS is requesting comments on its proposal to
authorize FEX to incidentally take, by harassment, small numbers of
bowhead whales, beluga whales, ringed seals, bearded seals, and spotted
seals in the above mentioned area between approximately July 1 and
November 30, 2005.
DATES: Comments and information must be received no later than June 6,
2005.
ADDRESSES: Comments on the application should be addressed 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 mailbox address for providing email comments
is PR1.040805A@noaa.gov. 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. A copy of the 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 and is also available at: https://
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, 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 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].
[[Page 24003]]
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 or Point Lonely 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 or Pt. Lonely.
Approximately 8 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/Point Lonely, and one would be left at one
of those locations to serve as a temporary dock-head. The other barge
would then make approximately 6 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 and to complete
the barging by August 15th, 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 or Pt. Lonely is proposed. 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.
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). 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: https://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
[[Page 24004]]
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 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 proposes to 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 is working with the AEWC, North Slope Borough, and other
whaling communities to complete a new CAA to eliminate impacts to
subsistence hunting of bowheads and thereby on bowheads themselves.
Monitoring
During all tug/barging operations, FEX will have on-board marine
mammal monitors throughout the transit. As part of its application, FEX
proposes to conduct a visual monitoring program for assessing impacts
to marine mammals during the barge transits. 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 will be compared with the
analysis contained in the 2001 biological opinion. If NMFS determines
that the effects of the current activity are consistent with the
findings of that biological opinion, and 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 (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. NMFS is currently
reviewing this Final EIS and will make a final NEPA determination on
this action prior to making a determination on the issuance of the IHA
to FEX.
Preliminary Conclusions
NMFS has preliminarily determined that the short-term impact of
conducting a barging operation between West Dock, Prudhoe Bay and
either Cape Simpson or Point Lonely, 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 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
[[Page 24005]]
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 are
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.
Proposed Authorization
NMFS proposes to issue 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 either Cape Simpson or Point Lonely. This proposed IHA 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 is submitted to NMFS and the previously described CAA is
signed.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this proposed IHA and the application for regulations
request (see ADDRESSES).
Dated: May 2, 2005.
P. Michael Payne,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-9127 Filed 5-5-05; 8:45 am]
BILLING CODE 3510-22-S
