Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 49568-49576 [05-16843]
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Notices
investigating authority, that are set out
in the Complaints filed in the panel
review and the procedural and
substantive defenses raised in the panel
review.
Dated: August 18, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05–16769 Filed 8–23–05; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 030905A]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application
for an incidental take authorization;
request for comments and information.
SUMMARY: NMFS has received a request
from the Minerals Management Service
(MMS), for authorization to harass small
numbers of marine mammals incidental
to explosive severance activities at
offshore oil and gas structures in the
Gulf of Mexico (GOM) outer continental
shelf (OCS). As a result of this request,
NMFS is considering whether to
promulgate rulemaking, that if
implemented, would govern the
incidental taking of marine mammals
under individual Letters of
Authorization (LOAs) issued to
participants in this industry to take
marine mammals by Level A and Level
B harassment. In order to promulgate
regulations and issue LOAs thereunder,
NMFS must determine that these
takings will have a negligible impact on
the affected species and stocks of
marine mammals. NMFS invites
comment on MMS’ application, and
suggestions on the content of the
regulations.
DATES: Comments and information must
be received no later than September 23,
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
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contact listed here. The mailbox address
for providing email comments is
PR1.030905A@noaa.gov. 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/protlres/PR2/
SmalllTake/
smalltakelinfo.htm#applications.
A copy of MMS’ Programmatic
Environmental Assessment (PEA) is
available on-line at:https://
www.gomr.mms.gov/homepg/regulate/
environ/nepa/2005–013.pdf
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, NMFS, 301–
713–2055, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D)
of the Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.)(MMPA) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of small
numbers of marine mammals by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and
regulations are issued.
An authorization may be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses, and if 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.’’
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].
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Summary of Request
On February 28, 2005, NMFS received
an application from MMS (MMS, 2005a)
requesting, on behalf of the offshore oil
and gas industry, authorization under
section 101(a)(5)(A) of the Marine
Mammal Protection Act (MMPA) to
harass marine mammals incidental to
explosive severance activities at
offshore oil and gas structures in the
GOM OCS.
Description of the Activity
During exploration, development, and
production operations for mineral
extraction in the GOM OCS, the seafloor
around activity areas becomes the
repository of temporary and permanent
equipment and structures. In
compliance with OCS Lands Act
(OCSLA) regulations and MMS
guidelines, operators are required to
remove or ‘‘decommission’’ seafloor
obstructions from their leases within
one year of lease termination or after a
structure has been deemed obsolete or
unusable. To accomplish these
removals, a host of activities is required
to (1) mobilize necessary equipment and
service vessels, (2) prepare the
decommissioning targets (e.g., piles,
jackets, conductors, bracings, wells,
pipelines, etc.), (3) sever the target from
the seabed and/or sever it into
manageable components, (4) salvage the
severed portion(s), and (5) conduct final
site-clearance verification work.
There are two primary methodologies
used in the GOM for cutting
decommissioning targets; nonexplosive
and explosive severance. Nonexplosive
methods include abrasive cutters (sand
and abrasive-water jets), mechanical
cutters (e.g., carbide or rotary), diamond
wire cutting devices, and cutting
facilitated by commercial divers using
arc/gas torches. Though relatively timeconsuming and potentially harmful to
human health and safety (primarily for
diver severances), nonexplosiveseverance activities have little or no
impact on the marine environment and
would not result in an incidental take of
marine mammals (MMS, 2005bProgrammatic Environmental
Assessment (PEA)). A description of
non-explosive severing tools and
methods can be found in MMS’
application and the PEA (section
1.4.7.1)(see ADDRESSES).
Explosive-severance activities use
specialized charges to achieve target
severance. Severance charges can be
deployed on multiple targets and
detonated nearly-simultaneously (i.e.,
staggered at an interval of 900 msec)
effecting rapid severances. Coupled
with safe-handling practices, the
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reduced ‘‘exposure time’’ and omission
of diver cutting also makes explosive
severance safer for offshore workers.
However, since the underwater
detonation of cutting charges generates
damaging pressure waves and acoustic
energy, explosive-severance activities
have the potential to result in an
incidental take of nearby marine
mammals. For this reason, MMS has
requested an incidental take
authorization governing explosiveseverance activities that could be
conducted under OCSLA structure
decommissionings. Decommissioning
operations conducted under OCSLA
authority can occur on any day of a
given year. Operators often schedule
most of their decommissionings from
June to December (approximately 80
percent) to take advantage of the often
calm seas and good weather and the
time period when structure installations
tend to decrease since both
commissioning and decommissioning
operations compete for the same
management groups, equipment,
vessels, and labor force (TSB and CES,
LSU, 2004).
Depending upon the target, a
complete decommissioning operation
may span several days or weeks;
however, the explosive-severance
activity or ‘‘detonation event’’ for most
removal targets (even those with
multiple severances) last for only
several seconds because of charge
staggering. For complex targets or in
instances where the initial explosiveseverance attempts are unsuccessful,
more than one detonation event may be
necessary per decommissioning
operation. Even though hours or days
may pass to allow for necessary
mitigation measures and redeployment
of new charges, each detonation event
would similarly last only for a few
seconds.
During the past 10 years (1994–2003),
there has been an average of 156
platform decommissionings per year,
with over 60 percent involving
explosive-severance activities (see Table
4 in MMS (2005a)). In addition to
historical activity averages, many of the
older, nominally-producing structures
in the mature GOM oil fields are nearing
decommissioning age; this will result in
an increase in removal operations in
future years. Despite advancements in
nonexplosive-severance methods and
the additional requisite marine
protected species mitigations, MMS
expects explosive-severance activities to
continue in at least 63 percent of all
platform removals for the foreseeable
future. (See Appendix A of MMS
(2005b)) for additional forecasting
information).
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In addition to platform removals,
based upon a review of the historical
trends, industry projections, and recent
forecast modeling, MMS estimates that
between 170 and 273 explosive wellseverance activities would occur
annually over the next 5 years (see
Table 7 in MMS, 2005a).
Description of Habitat and Marine
Mammals Affected by the Activity
The proposed explosive severance
activities could occur in all water
depths of the offshore areas designated
by MMS as the GOM Central and
Western Planning Areas (CPA and
WPA) and a portion of the Eastern
Planning Area (EPA) offered under
Lease Sale 181/189 (see Figure 2 or 3 in
MMS, 2005a). Water depths in the areas
of the proposed action range from 4 to
3,400 m (13–11,155 ft), with the
majority of existing facilities and wells
found within the CPA, concentrated on
the upper shelf waters (greater than 200
m (656 ft) water depth) off of Louisiana.
A detailed description of the northern
GOM area and its associated marine
mammals can be found in the MMS
application and PEA and in a number of
documents referenced in the
application. Detailed information on the
marine mammals in the GOM can also
be found in the NMFS status of stocks
reports (Waring et al., 2004) which is
available for downloading or reading at:
https://www.nefsc.noaa.gov/nefsc/
publications/tm/tm182/
A total of 21 cetacean species and one
species of sirenian (West Indian
manatee) are known to occur in the
GOM. These species are the sperm
whale, pygmy sperm whale, dwarf
sperm whale, Cuvier’s beaked whale,
Sowerby’s beaked whale (extralimital),
Gervais’ beaked whale, Blainville’s
beaked whale, rough-toothed dolphin,
bottlenose dolphin, pantropical spotted
dolphin, Atlantic spotted dolphin,
spinner dolphin, Clymene dolphin,
striped dolphin, Fraser’s dolphin,
Risso’s dolphin, melon-headed whale,
pygmy killer whale, false killer whale,
killer whale, short-finned pilot whale,
North Atlantic right whale
(extralimital), humpback whale (rare),
minke whale (rare), Bryde’s whale, sei
whale (rare), fin whale (rare), and the
blue whale (extralimital).
A description of the status,
distribution, and seasonal distribution
of the affected species and stocks of
marine mammals that might be affected
by explosive severance activities is
provided in MMS’ application.
Potential Impacts to Marine Mammals
Underwater explosions are the
strongest manmade point sources of
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sound in the sea (Richardson et al.,
1995). The underwater pressure
signature of a detonating explosion is
composed of an initial shock wave,
followed by a succession of oscillating
bubble pulses (if the explosion is deep
enough not to vent through the surface)
(Richardson et al., 1995). The shock
wave is a compression wave that
expands radially out from the
detonation point of an explosion.
Although the wave is initially
supersonic, it is quickly reduced to a
normal acoustic wave. The broadband
source levels of charges weighing 0.5–20
kg (1.1–44 lb) are in the range of 267–
280 dB re 1 microPa (at a nominal 1–
m distance), with dominant frequencies
below 50 Hz (Richardson et al., 1995;
CSA, 2004). The following sections
discuss the potential impacts of
underwater explosions on marine
mammals, including mortality, injury,
hearing effects, and behavioral effects.
Mortality or Injury
It has been demonstrated that nearby
underwater blasts can injure or kill
marine mammals (Richardson et al.,
1995). Injuries from high-velocity
underwater explosions result from two
factors: (1) The very rapid rise time of
the shock wave; and (2) the negative
pressure wave generated by the
collapsing bubble, which is followed by
a series of decreasing positive and
negative pressure pulses (CSA, 2004).
The extent of injury largely depends on
the intensity of the shock wave and the
size and depth of the animal (Yelverton
et al., 1973; Craig, 2001).
The greatest damage occurs at
boundaries between tissues of different
densities because different velocities are
imparted that can lead to their physical
disruption; effects are generally greatest
at the gas-liquid interface (Landsberg,
2000; CSA, 2004). Gas-containing
organs, especially the lungs and
gastrointestinal tract, are the most
susceptible to this type of damage. Lung
injuries (including lacerations and the
rupture of the alveoli and blood vessels)
can lead to hemorrhage, air embolisms,
and breathing difficulties. The lungs
and other gas-containing organs (nasal
sacs, larynx, pharynx, and trachea) may
also be damaged by compression/
expansion caused by oscillations of the
blast gas bubble (Reidenberg and
Laitman, 2003). Intestinal walls can
bruise or rupture, which may lead to
hemorrhage and the release of gut
contents. Less severe injuries include
contusions, slight hemorrhaging, and
petechia (Yelverton et al., 1973; CSA,
2004). Ears are the organs most sensitive
to pressure and, therefore, to injury
(Ketten, 2000; CSA, 2004). Severe
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damage to the ears can include rupture
of the tympanic membrane, fracture of
the ossicles, cochlear damage,
hemorrhage, and cerebrospinal fluid
leakage into the middle ear. By
themselves, tympanic membrane
rupture and blood in the middle ear can
result in partial, permanent hearing loss.
Permanent hearing loss can also occur
when the hair cells are damaged by loud
noises (ranging from single, very loud
events to chronic exposure).
Hearing Effects
Mammalian hearing functions over a
wide range of sound intensities, or
loudness. The sensation of loudness
increases approximately as the
logarithm of sound intensity
(Richardson and Malme, 1993). Sound
intensity is usually expressed in
decibels (dB), units for expressing the
relative intensity of sounds on a
logarithmic scale. Because sound
pressure is easier to measure than
intensity and intensity is proportional to
the square of sound pressure, sound
pressure level is usually reported in
units of decibels relative to a standard
reference pressure.
Temporary Threshold Shift
The mildest form of hearing damage,
temporary threshold shift (TTS), is
defined as the temporary elevation of
the minimum hearing sensitivity
threshold at particular frequency(s)
(Kryter, 1985; CSA, 2004). TTS may last
from minutes to days. Although few
data exist on the effects of underwater
sound on marine mammal hearing, in
terrestrial mammals, and presumably in
marine mammals, received levels must
exceed an animal’s hearing threshold
(i.e., maximum sensitivity) for TTS to
occur (Richardson et al., 1995; Kastak et
al., 1999; Wartzok and Ketten, 1999).
Most studies involving marine
mammals have measured exposure to
noise in terms of sound pressure level
(SPL), measured in dBrms or dBpeak
pressure re 1 microPa. Exposure to
underwater sound can also be expressed
in terms of energy, also called sound
exposure level (SEL), or acoustic energy
(measured in dB re 1 µPa2–s), which
considers both intensity and duration of
the sound. There appears to be a linear
relationship between energy and the
level of TTS, with duration and
frequency seemingly unimportant (CSA,
2004). If TTS is defined as a measurable
threshold shift of 6 dB or more
(Finneran et al., 2000, 2002), the onset
of TTS (for white whales and bottlenose
dolphins) was associated with an energy
level of about 184 dB re 1 µPa2–s (CSA,
2004). However, the data are very
limited, and Finneran (2003) has noted
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that they should be interpreted with
caution (CSA, 2004).
Permanent Threshold Shift (PTS)
PTS is a permanent decrease in the
functional sensitivity of an animal’s
hearing system at some or all
frequencies (CSA, 2004). The principal
factors involved in determining whether
PTS will occur include sound impulse
duration, peak amplitude, and rise time.
The criteria are location and speciesspecific (Ketten, 1995) and are also
influenced by the health of the
receiver’s ear.
At least in terrestrial animals, it has
been demonstrated that the received
level from a single exposure must be far
above the TTS threshold for there to be
a risk of PTS (Kryter, 1985, Richardson
et al., 1995; CSA, 2004). Sound signals
with sharp rise times (e.g., from
explosions) produce PTS at lower
intensities than do other types of sound
(Gisiner, 1998; CSA, 2004).
For explosives, Ketten (1995)
estimated that greater than 50–percent
PTS would occur at peak pressures of
237–248 dB re 1 microPa and that TTS
would occur at 211–220 dB re 1
microPa. The ‘‘safe’’ peak pressure level
to avoid physical injury recommended
by Ketten (1995) is 100 psi (237 dB re
1 µPa, or about 212 dB re 1 µPa2–s). PTS
is assumed to occur at received levels 30
dB above TTS-inducing levels. Studies
have shown that injuries at this level
involve the loss of sensory hair cells
(Ahroon et al., 1996; CSA, 2004).
Behavioral Effects
Based on the information presented in
Richardson et al. (1995), the possible
behavioral effects of noise from
underwater explosions on marine
mammals may be categorized as follows:
(1)The noise may be too weak to be
heard at the location of the animal (i.e.,
below the local ambient noise level,
below the hearing threshold of the
animal at the relevant frequencies, or
both);
(2)The noise may be audible, but not
loud enough to elicit an overt behavioral
reaction;
(3)The noise may elicit behavioral
reactions, which may vary from subtle
effects on respiration or other behaviors
(detectable only statistically) to active
avoidance behavior;
(4)With repeated exposure,
habituation (diminishing
responsiveness) to the noise may occur.
Continued disturbance effects are most
likely with sounds that are highly
variable in their characteristics,
unpredictable in occurrence, and
associated with situations perceived by
the animal as threatening;
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(5) Any anthropogenic noise that is
strong enough to be heard has the
potential to reduce (mask) the ability of
a marine mammal to hear natural
sounds at similar frequencies, including
calls from conspecifics, and underwater
environmental sounds such as surf
noise.
(6) If mammals remain in an area
because it is important for feeding,
breeding or some other biologically
important purpose even though there is
chronic exposure to noise, it is possible
that there could be noise-induced
physiological stress; this might in turn
have negative effects on the well-being
or reproduction of the animals involved;
and
(7) Very strong sounds have the
potential to cause temporary or
permanent reduction in hearing
sensitivity. In terrestrial mammals, and
presumably marine mammals, received
sound levels must far exceed the
animal’s hearing threshold for there to
be any temporary threshold shift (TTS)
in its hearing ability. For transient
sounds, the sound level necessary to
cause TTS is inversely related to the
duration of the sound. Received sound
levels must be even higher for there to
be risk of permanent hearing
impairment. In addition, intense
acoustic or explosive events may cause
trauma to tissues associated with organs
vital for hearing, sound production,
respiration and other functions. This
trauma may include minor to severe
hemorrhage.
Behavioral reactions of marine
mammals to sounds such as those
produced by underwater explosives are
difficult to predict. Whether and how an
animal reacts to a given sound depends
on factors such as the species, hearing
acuity, state of maturity, experience,
current activity, reproductive state, time
of day, and weather. If a marine
mammal reacts to a sound by changing
its behavior or moving a short distance,
the impacts may not be significant to the
individual, stock, or species as a whole.
However, if a sound displaces marine
mammals from an important feeding or
breeding area for a prolonged period,
impacts could be significant (CSA,
2004).
Richardson et al. (1995) summarized
available information on the reported
behavioral reactions of marine mammals
to underwater explosions. Observations
following the use of seal bombs as scare
charges indicate that pinnipeds rapidly
habituate to and, in general, appear
quite tolerant of noise pulses from
explosives. Klima et al. (1988) reported
that small charges were not consistently
effective in moving bottlenose dolphins
away from blast sites in the GOM. Since
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dolphins may be attracted to the fish
killed by such a charge, rather than
repelled, scare charges are not used in
the GOM platform removal program (G.
Gitschlag, personal communication, in
Richardson et al., 1995).
There are few data on the reactions of
baleen whales to underwater
explosions. Gray whales were
apparently unaffected by 9– to 36–kg
(20– to 97–lb) charges used for seismic
exploration (Fitch and Young, 1948).
However, Gilmore (1978) felt that
similar underwater blasts within a few
kilometers of the gray whale migration
corridor did ‘‘sometimes’’ interrupt
migration.
Humpback whales have generally not
been observed to exhibit behavioral
reactions (including vocal ones) to
explosions, even when close enough to
suffer injury (hearing or other) (Payne
and McVay, 1971; Ketten et al., 1993;
Lien et al., 1993; Ketten, 1995; Todd et
al., 1996). In Newfoundland,
humpbacks displayed no overt reactions
within about 2 km of 200– to 2,000–kg
explosions. Whether habituation and/or
hearing damage occurred was unknown,
but at least two whales were injured
(and probably killed) (Ketten et al.,
1993). Other humpback whales in
Newfoundland, foraging in an area of
explosive activity, showed little
behavioral reaction to the detonations in
terms of decreased residency, overall
movements, or general behavior,
although orientation ability appeared to
be affected (Todd et al., 1996). Todd et
al. (1996) suggested caution in
interpretation of the lack of visible
reactions as indication that whales are
not affected or harmed by an intense
acoustic stimulus; both long- and shortterm behavior as well as anatomical
evidence should be examined. The
researchers interpreted increased
entrapment rate of humpback whales in
nets as the whales being influenced by
the long-term effects of exposure to
deleterious levels of sound.
As mentioned previously, Finneranet
al. (2000) exposed captive bottlenose
dolphins and belugas to single,
simulated sounds of distant explosions.
The broad-band received levels were
155–206 dB; pulse durations were 5.4–
13 ms. This was equivalent to a
maximum spectral density of 102–142
dB re 1 µPa2/Hz at a 6.1 Hz bandwidth.
Although pulse durations differed, the
source levels required to induce these
reactions were similar to those found by
Ridgway et al. (1997) and Schlundt et
al. (2000).
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Estimates of Take by Harassment
During Explosive Severance Activities
in the GOM
The MMS has requested NMFS to
issue authorizations, under section
101(a)(5)(A) of the MMPA, to cover any
potential take by Level A or Level B
harassment for the 21 species of marine
mammals listed previously in this
document, incidental to the oil and gas
industry conducting explosiveseverance operations regulated by the
MMS. Explosive severance operations
have the potential to take marine
mammals by contact with shock wave
and acoustic energy released from
underwater detonations and the
resultant injury, hearing damage, and
behavioral effects as defined by NMFS.
For this activity, MMS has adopted,
without modification, NMFS’ take
thresholds and criteria for explosives
used in the incidental take authorization
for shock trials for the U.S. Navy’s
Winston Churchill (USDON, 2001).
While these criteria remain a subject for
discussion (see 69 FR 21816, April 22,
2004), the Churchill criteria (12 pounds/
in2 (psi) peak-pressure and 182 dB (re 1
µPa2–sec)) remain conservative because
Finneran et al. (2003) did not find
masked TTS in the single bottlenose
dolphin tested at the highest exposure
conditions: peak pressure of 207 kPa (30
psi), 228 dB re 1 microPa pk-pk
pressure, and 188 dB re 1 microPa2–s
total energy flux.
The criteria for nonlethal, injurious
impacts (Level A harassment) are
currently defined as the incidence of
50–percent tympanic-membrane (TM)
rupture and the onset of slight lung
hemorrhage for a 12.2–kg (27 lb)
dolphin calf. Level A harassment take is
assumed to occur:
1. At an energy flux density value of
1.17 in-lb/in2 (which is about 205 dB re
1 µPa2–s); and
2. If the peak pressure exceeds 100 psi
for an explosive source; i.e., the ‘‘safe’’
peak pressure level to avoid physical
injury recommended by Ketten (1995).
The horizontal distance from the
explosive to each threshold is
determined and the maximum distance
at which either is exceeded is
considered to be the distance at which
Level A harassment would occur
(USDON, 2001).
NMFS recognizes two levels of
noninjurious acoustical impacts (Level
B harassment). One criterion for Level B
harassment is defined by the onset of
TTS. Two thresholds are applied. TTS
is assumed to be induced:
1. At received energies greater than
182 dB re 1 µPa2–s within any 1/3–
octave band; and
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49571
2. If, for an explosive source, the peak
pressure at the animal exceeds 12 psi.
As with Level A harassment, the
horizontal distance to each threshold is
determined and the maximum distance
at which either is exceeded is
considered the distance at which Level
B harassment (TTS) would occur
(USDON, 1998 and 2001; CSA, 2004).
Sub-TTS behavioral effects may also
be considered to constitute a take by
Level B harassment if a marine mammal
reacts to an activity in a manner that
would disrupt some behavioral pattern
in a biologically significant way. NMFS
does not believe that single, minor
reactions (such as startle or ‘‘heads-up’’
alert displays, short-term changes in
breathing rates, or modified single dive
sequences) that have no biological
context qualify as takes (66 FR 22450,
May 4, 2001). This would include minor
or momentary strictly behavioral
responses to single events such as
underwater explosions. Since explosive
severance activities result in single,
almost instantaneous detonations, with
no repetitive detonations, NMFS does
not believe that marine mammals would
be subject to behavioral harassment
other than behavioral modifications
incurred as a result of TTS.
In order to obtain potential incidentaltake numbers for explosive severance
activities, fundamental modeling
components require: (1) predictive
modeling of detonation pressure/energy
propagation, (2) propagation model
verification and utilization, (3)
predictive modeling of marine mammal
take estimates, and (4) take-estimate
calculation. These calculations are
explained in detail in MMS’ application
and PEA.
Based on MMS calculations for all
explosive severance scenarios, Level A
harassment takes would be limited to
less than one bottlenose dolphin and
between three and five bottlenose
dolphins, one Atlantic spotted, and one
pantropical spotted dolphins over the
five-year period of the proposed
regulations.
Based on MMS calculations for all
explosive severance scenarios, Level B
harassment takes would be limited 148–
227 bottlenose dolphins, 35–65 Atlantic
spotted dolphins, 33–77 pantropical
spotted dolphins, 11–27 Clymene
dolphins, 8–12 rough-toothed dolphins,
6–14 striped dolphins, 6–15 melonheaded whales, 4–10 pilot whales, 2–5
spinner dolphins, 1–3 Risso’s dolphins,
and 1–2 sperm whales. It should be
noted that these estimates are made
without consideration of the
implementation of mitigation measures
to protect marine mammals, so actual
harassment numbers would likely be
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lower. Post-activity monitoring
conducted by NMFS observers since
about 1989 has not resulted in any
sightings of distressed marine mammals.
Mitigation and Monitoring
Based upon the analysis found in the
Structure-Removal PEA, MMS believes
that implementation of the mitigation
measures listed in this section will
prevent any significant impacts from
occurring.
Charge Criteria
The charge criteria discussed here
(e.g., charge size, detonation staggering,
and explosive material) are applicable
for all of the explosive-severance
scenarios conducted under the proposed
action.
Charge Size
The options available under the
multiple explosive-severance scenarios
allow for the development of any size
charge between 0 and 500 lb (226.8 kg).
Most often determined in the early
planning stages, the final/actual charge
weight establishes the specific
mitigation scenario that must be
adhered to as a permit condition.
However, increasing charge size results
in increasing levels of mitigation/
monitoring. Using explosives greater
than 500 lb (226.8 kg) are not proposed
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to be authorized for taking marine
mammals under the MMPA. Use of
explosives greater than 500 lb (226.8 kg)
would require additional National
Environmental Policy Act (NEPA)
analyses, Endangered Species Act (ESA)
consultations and MMPA authorization
prior to usage. As a result, no marine
mammal takings will be authorized for
charge weights greater than 500 lbs
(226.8 kg).
Detonation Staggering
Multiple-charge detonations will be
staggered at an interval of 0.9 sec (900
msec) between blasts to prevent an
additive pressure event. For
decommissioning purposes, a
‘‘multiple-charge detonation’’ refers to
any configuration where more than one
charge is required in a single detonation
‘‘event.’’
Explosive Material
There are many important properties
(i.e., velocity, brisance, specific-energy,
etc.) related to the explosive material(s)
used in developing severance charges.
Material needs vary widely depending
upon target characteristics, marine
conditions, and charge placement. Since
specific material and personnel safety
requirements must be established and
followed, MMS believes that all
decisions on explosive composition,
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configuration, and usage should be
made by the qualified (i.e., licensed and
permitted) explosive contractors in
accordance with the applicable
explosive-related laws and regulations.
Specific Mitigation/Monitoring
Requirements
Explosive-severance activities, as
described in the MMS application and
PEA, have been grouped into five
blasting categories (very small, small,
standard, large, and specialty). Since the
level of detonation pressure and energy
is primarily related to the amount of the
explosives used, these categories were
developed cooperatively by MMS,
NMFS and industry based upon the
specific range of charge weights needed
to conduct current and future GOM OCS
decommissionings. Depending on the
design of the target and other variable
marine conditions, the severance
charges developed under each of these
categories could be designed for use in
either a below-mudline (BML) or above
mudline (AML) configuration. These
factors, combined with an activity
location within either the shelf (less
than 200 m (656 ft)) or slope (greater
than 200 m (656 ft)) species-delineation
zone, result in 20 separate severance
scenarios, as shown in Table 1.
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there are six different types of marine
mammal/sea turtle monitoring surveys
that could be conducted before and after
all detonation events. The specific
monitoring requirements, survey times,
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and impact zone radii for all explosiveseverance scenarios are summarized in
Table 2.
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The charge criteria listed previously
will be standard for all
decommissionings employing
explosive-severance activities. However,
depending upon the severance scenario,
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Use of Table 2 is illustrated using the
Standard Blasting Category for shelf and
slope waters as an example:
Shelf Waters (<200 m): Scenarios C1
and C3
An operator proposing shelf-based,
explosive-severance activities
conducted under the standard blasting
category will be limited to 80–lb charge
sizes (BML or AML) and will be
required to conduct all requisite
monitoring during daylight hours out to
the associated impact-zone radii listed
here:
C1–631 m (2,069 ft)
C3–829 m (2,721 ft)
Required Observers
Generally, two NMFS observers are
required to perform marine mammal/sea
turtle detection surveys for standardblasting under shelf scenarios C1 and
C3. If necessary, the site coordinator
will determine if additional observers
are required to compensate for the
complexity of severance activities and
or structure configuration. In addition to
meeting all reporting requirements, the
NMFS observers will:
(1) Brief affected crew and severance
contractors on the monitoring
requirements and notify topsides
personnel to immediately report any
sighted marine mammal/sea turtles to
the observer or company representative;
(2) Establish an active line of
communication (i.e., 2–way radio,
visual signals, etc.) with company and
blasting personnel; and
(3) Devote the entire, uninterrupted
survey time to marine mammal/sea
turtle monitoring.
Pre-Detonation Monitoring
Before severance charge detonation,
the NMFS observers will conduct a 90–
min surface monitoring survey of the
impact zone. The monitoring will be
conducted from the highest vantage
point available from either the
decommissioning target or proximal
surface vessels. Once the surface
monitoring is complete (i.e., the impact
zone cleared of marine mammal/sea
turtles), one of the NMFS observers will
transfer to a helicopter to conduct a 30–
min (Scenario C1) or 45–min (Scenario
C3) aerial monitoring survey. As per
approved guidelines, the helicopter will
transverse the impact zone at low
speed/altitude in a specified grid
pattern. If during the aerial survey a
marine mammal/sea turtle is:
(1) Not sighted, proceed with the
detonation;
(2) Sighted outbound and
continuously tracked clearing the
impact zone, proceed with the
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detonation after the monitoring time is
complete to ensure no reentry;
(3) Sighted outbound and the marine
mammal/sea turtle track is lost (e.g., the
animal dives below the surface),
• Halt the detonation,
• Wait 30 min, and
• Reconduct the 30 min (C1) or 45
min (C3) aerial monitoring survey; or
(4) Sighted inbound,
• Halt the detonation,
• Wait 30 minutes, and
• Reconduct the 30–min (C1) or 45–
min (C3) aerial monitoring survey.
Post-Detonation Monitoring
After severance charge detonation, the
NMFS observer will conduct a 30–min
aerial monitoring survey of the impact
zone to look for impacted marine
mammal/sea turtles. If a marine
mammal/sea turtle is found shocked,
seriously injured, or dead, the
operations will cease, attempts will be
made, under the direction of the NMFS
observer, to collect/resuscitate the
animal, and the Southeast Region,
NMFS will be contacted for additional
instruction. If no marine mammal/sea
turtles are observed to be impacted by
the detonation, the NMFS observer will
record all of the necessary information
as required in MMS’s permit approval
letter and guidelines for the preparation
of a trip report.
If unforeseen conditions or events
occur during a standard-blasting
operation that may necessitate
additional monitoring, the NMFS
observer will contact the NMFS
Platform Removal Observer Program
(PROP) Coordinator in Galveston, TX
and/or MMS for additional guidance. A
flowchart of the monitoring process and
associated survey times for standard
severance-scenarios C1 and C3 is
provided in Figure 6 in MMS, 2005a.
Slope Waters (>200 m): Scenarios C2
and C4
An operator proposing slope-based,
explosive-severance activities conduced
under the standard blasting category
will be limited to 80–lb charge sizes
(BML or AML) and conduct all requisite
monitoring during daylight hours out to
the associated impact-zone radii listed
below:
C2–631 m (2,069 ft)
C4–829 m (2,721 ft)
Required Observers
Slope water scenarios propose to
require a minimum of three NMFS
observers for the coordinated surface,
aerial, and acoustic monitoring surveys,
therefore, at least two ‘‘teams’’ of
observers will be required. The PROP
Coordinator will determine each ‘‘team’’
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49575
size depending upon the complexity of
severance activities and or structure
configuration. In addition to meeting all
reporting requirements, the NMFS
observers would perform the same
functions as the observers in the Shelf
Water Scenarios C1 and C3.
Pre-Detonation Monitoring
Before severance charge detonation,
NMFS observers will begin a 90–min
surface monitoring survey and a 120–
min (Scenario C2) or 150–min (Scenario
C4) passive-acoustic monitoring survey
of the impact zone. The surface
monitoring will be conducted in the
same manner as the C1 and C3
scenarios. Once the surface monitoring
is complete (i.e., the impact zone
cleared of marine mammal/sea turtles),
the acoustic survey will continue while
one of the NMFS observers transfers to
a helicopter to conduct a 30–min
(Scenario C2) or 60–min (Scenario C4)
aerial monitoring survey. As per
approved guidelines, the helicopter will
transverse the impact zone at low
speed/altitude in a specified grid
pattern.
The proposed requirements on marine
mammal and sea turtle sighting for the
C1 and C3 scenarios would apply here
except that the wait times and aeries
survey times differ (see Table 2).
Post-Detonation Monitoring
Scenarios C2 and C4 both would
require the same post-detonation
monitoring explained for the C1 and C3
scenarios. , or
Scenario C4 also requires a post-postdetonation aerial monitoring survey to
be conducted within 2–7 days after
detonation activities conclude.
Conducted by helicopter or fixed-wing
aircraft, observations are to start at the
removal site and proceed leeward and
outward of wind and current movement.
Any injured or killed marine mammal/
sea turtle must be recorded, and if
possible, tracked after notifying NMFS.
If no marine mammal/sea turtles are
observed to be impacted during either
aerial survey, the NMFS observers will
record all of the necessary information
as detailed in MMS’s permit approval
letter and guidelines for the preparation
of a trip report.
If unforeseen conditions or events
occur during a standard-blasting
operation that may necessitate
additional monitoring, the NMFS
observer will contact the coordinator
and/or MMS for additional guidance. A
flowchart of the monitoring process and
associated survey times for standard
severance- scenarios C2 and C4 is
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ESA
provided in Figure 7 in the MMS
application (MMS, 2005a).
Reporting Requirements
All explosive-severance activities in
the GOM would be mandated to abide
by the reporting requirements listed in
this section. The information collected
will be used by MMS and NMFS to
continually assess mitigation
effectiveness and the level of marine
mammal/sea turtle impacts.
The reporting responsibilities will be
undertaken by the NMFS’ marine
mammal/sea turtle observer for
scenarios B1–E4 (Table 2) and the
collected data will be prepared and
routed in accordance with previously
established guidelines for filing times
and distribution.
For very-small blasting scenarios A1–
A4, the company observer will be
responsible for recording the data and
preparing a trip report for submittal
within 30–days of completion of the
severance activities. Trip reports for
scenarios A1–A4 will be sent to MMS
and NMFS Gulf/Southeast regional
offices.
In addition to basic operational data
(i.e., area and block, water depth,
company/platform information, etc.),
the trip reports must contain all of the
applicable information listed in Table
10 in MMS’ application. In the event
that a marine mammal or sea turtle is
shocked, injured, or killed during the
severance activities, the operations will
cease and the observer will contact
MMS and NMFS’ Southeast Regional
Office. If the animal does not revive,
efforts should be made to recover it for
necropsy in consultation with the
appropriate NMFS’ Stranding
Coordinator.
Conclusions
MMS has concluded that impacts to
marine mammals from explosiveseverance activities conducted under
the proposed action are potentially
adverse but not significant. The
projected Level A harassment takes are
very unlikely and, would be limited to
3 species. No deaths or serious injuries
to marine mammals or sea turtles are
projected. If any marine mammals are
displaced from preferred grounds, it
will be for the short term, and no critical
habitat is involved. Level B harassment
takes may disrupt behavioral patterns in
a few individuals of a few species, but
no effect is projected on annual
recruitment or survival. With proposed
mitigation measures in place, the
potential impacts on marine mammals
are expected to be negligible.
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Under section 7 of the ESA, MMS has
begun consultation on the proposed
explosive severance activtiy. NMFS will
also consult on the issuance of
regulations and LOAs under section
101(a)(5)(A) of the MMPA for this
activity. Consultation will be concluded
prior to a determination on the issuance
of regulations.
NEPA
MMS completed and released its PEA
to the public on February 28, 2005. That
document is available for review (see
ADDRESSES).
NMFS is reviewing the PEA and will
either adopt it or prepare its own NEPA
document before making a
determination on the issuance of
regulations and LOAs for this activity.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this request (see ADDRESSES).
NMFS requests commenters also read
the MMS application and PEA on this
action prior to submitting comments.
Dated: August 18, 2005.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–16843 Filed 8–23–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 081905A]
New England Fishery Management
Council; Public Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
SUMMARY: The New England Fishery
Management Council (Council) will
hold a 3-day Council meeting in
September, to consider actions affecting
New England fisheries in the exclusive
economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, September 13 through
Thursday, September 15, 2005,
beginning at 9 a.m. on Tuesday and 8:30
a.m. on Wednesday and Thursday.
ADDRESSES: The meeting will be held at
the Holiday Inn Express, 110 Middle
Street High Street, Fairhaven, MA;
telephone: (508) 997–1281.
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Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950;
telephone: (978) 465–0492.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Tuesday, September 13, 2005
Following introductions, the Council
will review and approve a revised
policy concerning the election of new
officers and conduct elections for 2005–
06 officers. Reports will follow from the
Council Chairman and Executive
Director, the NMFS Regional
Administrator, Northeast Fisheries
Science Center and Mid-Atlantic
Fishery Management Council liaisons,
NOAA General Counsel and
representatives of the U.S. Coast Guard,
NMFS Enforcement and the Atlantic
States Marine Fisheries Commission.
There also will be an update on the New
England Fleet Visioning Project. During
the morning session, the Council also
will receive a briefing on a proposed
rule that will address issues related to
the management of Atlantic tunas,
swordfish, shark and billfish fisheries.
The Magnuson-Stevens Act Committee
will provide recommendations for
Council approval concerning positions
on changes to the Act. The remainder
the day will be spent on habitat and
ecosystem-related issues. There will be
a summary of the most recent activities
currently underway and associated with
development of essential fish habitat
(EFH) Omnibus Amendment 2, as well
as consideration and approval of a
Council policy on Marine Protected
Areas. There also will be an update on
the Habitat/Marine Protected Area
(MPA)/Ecosystem Committee’s progress
to develop and recommend alternatives
for Habitat Areas of Particular Concern
in the EFH Omnibus Amendment. The
day will conclude with a report on
jurisdictional issues related to wind
farm, liquified natural gas and
aquaculture projects in the Northeast
and an update on the Council’s
ecosystem project.
Wednesday, September 14, 2005
During the Wednesday morning
session, the Council receive a
presentation on the Data Quality Act.
This will be followed by an open public
comment period to address items not
listed on the agenda. The Scallop
Committee will then present its
recommendations for measures to be
included in Framework Adjustment 18
to the Sea Scallop Fishery Management
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[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Notices]
[Pages 49568-49576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16843]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 030905A]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of Offshore Structures in the Gulf
of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application for an incidental take
authorization; request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Minerals Management
Service (MMS), for authorization to harass small numbers of marine
mammals incidental to explosive severance activities at offshore oil
and gas structures in the Gulf of Mexico (GOM) outer continental shelf
(OCS). As a result of this request, NMFS is considering whether to
promulgate rulemaking, that if implemented, would govern the incidental
taking of marine mammals under individual Letters of Authorization
(LOAs) issued to participants in this industry to take marine mammals
by Level A and Level B harassment. In order to promulgate regulations
and issue LOAs thereunder, NMFS must determine that these takings will
have a negligible impact on the affected species and stocks of marine
mammals. NMFS invites comment on MMS' application, and suggestions on
the content of the regulations.
DATES: Comments and information must be received no later than
September 23, 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 PR1.030905A@noaa.gov. 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.
A copy of MMS' Programmatic Environmental Assessment (PEA) is
available on-line at:https://www.gomr.mms.gov/homepg/regulate/environ/
nepa/2005-013.pdf
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2055, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D) of the Marine Mammal
Protection Act (16 U.S.C. 1361 et seq.)(MMPA) direct the Secretary of
Commerce (Secretary) to allow, upon request, the incidental, but not
intentional taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
regulations are issued.
An authorization may be granted if NMFS finds that the taking will
have a negligible impact on the species or stock(s) and will not have
an unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses, and if 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.'' 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].
Summary of Request
On February 28, 2005, NMFS received an application from MMS (MMS,
2005a) requesting, on behalf of the offshore oil and gas industry,
authorization under section 101(a)(5)(A) of the Marine Mammal
Protection Act (MMPA) to harass marine mammals incidental to explosive
severance activities at offshore oil and gas structures in the GOM OCS.
Description of the Activity
During exploration, development, and production operations for
mineral extraction in the GOM OCS, the seafloor around activity areas
becomes the repository of temporary and permanent equipment and
structures. In compliance with OCS Lands Act (OCSLA) regulations and
MMS guidelines, operators are required to remove or ``decommission''
seafloor obstructions from their leases within one year of lease
termination or after a structure has been deemed obsolete or unusable.
To accomplish these removals, a host of activities is required to (1)
mobilize necessary equipment and service vessels, (2) prepare the
decommissioning targets (e.g., piles, jackets, conductors, bracings,
wells, pipelines, etc.), (3) sever the target from the seabed and/or
sever it into manageable components, (4) salvage the severed
portion(s), and (5) conduct final site-clearance verification work.
There are two primary methodologies used in the GOM for cutting
decommissioning targets; nonexplosive and explosive severance.
Nonexplosive methods include abrasive cutters (sand and abrasive-water
jets), mechanical cutters (e.g., carbide or rotary), diamond wire
cutting devices, and cutting facilitated by commercial divers using
arc/gas torches. Though relatively time-consuming and potentially
harmful to human health and safety (primarily for diver severances),
nonexplosive-severance activities have little or no impact on the
marine environment and would not result in an incidental take of marine
mammals (MMS, 2005b-Programmatic Environmental Assessment (PEA)). A
description of non-explosive severing tools and methods can be found in
MMS' application and the PEA (section 1.4.7.1)(see ADDRESSES).
Explosive-severance activities use specialized charges to achieve
target severance. Severance charges can be deployed on multiple targets
and detonated nearly-simultaneously (i.e., staggered at an interval of
900 msec) effecting rapid severances. Coupled with safe-handling
practices, the
[[Page 49569]]
reduced ``exposure time'' and omission of diver cutting also makes
explosive severance safer for offshore workers. However, since the
underwater detonation of cutting charges generates damaging pressure
waves and acoustic energy, explosive-severance activities have the
potential to result in an incidental take of nearby marine mammals. For
this reason, MMS has requested an incidental take authorization
governing explosive-severance activities that could be conducted under
OCSLA structure decommissionings. Decommissioning operations conducted
under OCSLA authority can occur on any day of a given year. Operators
often schedule most of their decommissionings from June to December
(approximately 80 percent) to take advantage of the often calm seas and
good weather and the time period when structure installations tend to
decrease since both commissioning and decommissioning operations
compete for the same management groups, equipment, vessels, and labor
force (TSB and CES, LSU, 2004).
Depending upon the target, a complete decommissioning operation may
span several days or weeks; however, the explosive-severance activity
or ``detonation event'' for most removal targets (even those with
multiple severances) last for only several seconds because of charge
staggering. For complex targets or in instances where the initial
explosive-severance attempts are unsuccessful, more than one detonation
event may be necessary per decommissioning operation. Even though hours
or days may pass to allow for necessary mitigation measures and
redeployment of new charges, each detonation event would similarly last
only for a few seconds.
During the past 10 years (1994-2003), there has been an average of
156 platform decommissionings per year, with over 60 percent involving
explosive-severance activities (see Table 4 in MMS (2005a)). In
addition to historical activity averages, many of the older, nominally-
producing structures in the mature GOM oil fields are nearing
decommissioning age; this will result in an increase in removal
operations in future years. Despite advancements in nonexplosive-
severance methods and the additional requisite marine protected species
mitigations, MMS expects explosive-severance activities to continue in
at least 63 percent of all platform removals for the foreseeable
future. (See Appendix A of MMS (2005b)) for additional forecasting
information).
In addition to platform removals, based upon a review of the
historical trends, industry projections, and recent forecast modeling,
MMS estimates that between 170 and 273 explosive well-severance
activities would occur annually over the next 5 years (see Table 7 in
MMS, 2005a).
Description of Habitat and Marine Mammals Affected by the Activity
The proposed explosive severance activities could occur in all
water depths of the offshore areas designated by MMS as the GOM Central
and Western Planning Areas (CPA and WPA) and a portion of the Eastern
Planning Area (EPA) offered under Lease Sale 181/189 (see Figure 2 or 3
in MMS, 2005a). Water depths in the areas of the proposed action range
from 4 to 3,400 m (13-11,155 ft), with the majority of existing
facilities and wells found within the CPA, concentrated on the upper
shelf waters (greater than 200 m (656 ft) water depth) off of
Louisiana. A detailed description of the northern GOM area and its
associated marine mammals can be found in the MMS application and PEA
and in a number of documents referenced in the application. Detailed
information on the marine mammals in the GOM can also be found in the
NMFS status of stocks reports (Waring et al., 2004) which is available
for downloading or reading at: https://www.nefsc.noaa.gov/nefsc/
publications/tm/tm182/
A total of 21 cetacean species and one species of sirenian (West
Indian manatee) are known to occur in the GOM. These species are the
sperm whale, pygmy sperm whale, dwarf sperm whale, Cuvier's beaked
whale, Sowerby's beaked whale (extralimital), Gervais' beaked whale,
Blainville's beaked whale, rough-toothed dolphin, bottlenose dolphin,
pantropical spotted dolphin, Atlantic spotted dolphin, spinner dolphin,
Clymene dolphin, striped dolphin, Fraser's dolphin, Risso's dolphin,
melon-headed whale, pygmy killer whale, false killer whale, killer
whale, short-finned pilot whale, North Atlantic right whale
(extralimital), humpback whale (rare), minke whale (rare), Bryde's
whale, sei whale (rare), fin whale (rare), and the blue whale
(extralimital).
A description of the status, distribution, and seasonal
distribution of the affected species and stocks of marine mammals that
might be affected by explosive severance activities is provided in MMS'
application.
Potential Impacts to Marine Mammals
Underwater explosions are the strongest manmade point sources of
sound in the sea (Richardson et al., 1995). The underwater pressure
signature of a detonating explosion is composed of an initial shock
wave, followed by a succession of oscillating bubble pulses (if the
explosion is deep enough not to vent through the surface) (Richardson
et al., 1995). The shock wave is a compression wave that expands
radially out from the detonation point of an explosion. Although the
wave is initially supersonic, it is quickly reduced to a normal
acoustic wave. The broadband source levels of charges weighing 0.5-20
kg (1.1-44 lb) are in the range of 267-280 dB re 1 microPa (at a
nominal 1-m distance), with dominant frequencies below 50 Hz
(Richardson et al., 1995; CSA, 2004). The following sections discuss
the potential impacts of underwater explosions on marine mammals,
including mortality, injury, hearing effects, and behavioral effects.
Mortality or Injury
It has been demonstrated that nearby underwater blasts can injure
or kill marine mammals (Richardson et al., 1995). Injuries from high-
velocity underwater explosions result from two factors: (1) The very
rapid rise time of the shock wave; and (2) the negative pressure wave
generated by the collapsing bubble, which is followed by a series of
decreasing positive and negative pressure pulses (CSA, 2004). The
extent of injury largely depends on the intensity of the shock wave and
the size and depth of the animal (Yelverton et al., 1973; Craig, 2001).
The greatest damage occurs at boundaries between tissues of
different densities because different velocities are imparted that can
lead to their physical disruption; effects are generally greatest at
the gas-liquid interface (Landsberg, 2000; CSA, 2004). Gas-containing
organs, especially the lungs and gastrointestinal tract, are the most
susceptible to this type of damage. Lung injuries (including
lacerations and the rupture of the alveoli and blood vessels) can lead
to hemorrhage, air embolisms, and breathing difficulties. The lungs and
other gas-containing organs (nasal sacs, larynx, pharynx, and trachea)
may also be damaged by compression/expansion caused by oscillations of
the blast gas bubble (Reidenberg and Laitman, 2003). Intestinal walls
can bruise or rupture, which may lead to hemorrhage and the release of
gut contents. Less severe injuries include contusions, slight
hemorrhaging, and petechia (Yelverton et al., 1973; CSA, 2004). Ears
are the organs most sensitive to pressure and, therefore, to injury
(Ketten, 2000; CSA, 2004). Severe
[[Page 49570]]
damage to the ears can include rupture of the tympanic membrane,
fracture of the ossicles, cochlear damage, hemorrhage, and
cerebrospinal fluid leakage into the middle ear. By themselves,
tympanic membrane rupture and blood in the middle ear can result in
partial, permanent hearing loss. Permanent hearing loss can also occur
when the hair cells are damaged by loud noises (ranging from single,
very loud events to chronic exposure).
Hearing Effects
Mammalian hearing functions over a wide range of sound intensities,
or loudness. The sensation of loudness increases approximately as the
logarithm of sound intensity (Richardson and Malme, 1993). Sound
intensity is usually expressed in decibels (dB), units for expressing
the relative intensity of sounds on a logarithmic scale. Because sound
pressure is easier to measure than intensity and intensity is
proportional to the square of sound pressure, sound pressure level is
usually reported in units of decibels relative to a standard reference
pressure.
Temporary Threshold Shift
The mildest form of hearing damage, temporary threshold shift
(TTS), is defined as the temporary elevation of the minimum hearing
sensitivity threshold at particular frequency(s) (Kryter, 1985; CSA,
2004). TTS may last from minutes to days. Although few data exist on
the effects of underwater sound on marine mammal hearing, in
terrestrial mammals, and presumably in marine mammals, received levels
must exceed an animal's hearing threshold (i.e., maximum sensitivity)
for TTS to occur (Richardson et al., 1995; Kastak et al., 1999; Wartzok
and Ketten, 1999).
Most studies involving marine mammals have measured exposure to
noise in terms of sound pressure level (SPL), measured in dBrms
or dBpeak pressure re 1 microPa. Exposure to underwater
sound can also be expressed in terms of energy, also called sound
exposure level (SEL), or acoustic energy (measured in dB re 1
microPa\2\-s), which considers both intensity and duration of the
sound. There appears to be a linear relationship between energy and the
level of TTS, with duration and frequency seemingly unimportant (CSA,
2004). If TTS is defined as a measurable threshold shift of 6 dB or
more (Finneran et al., 2000, 2002), the onset of TTS (for white whales
and bottlenose dolphins) was associated with an energy level of about
184 dB re 1 microPa\2\-s (CSA, 2004). However, the data are very
limited, and Finneran (2003) has noted that they should be interpreted
with caution (CSA, 2004).
Permanent Threshold Shift (PTS)
PTS is a permanent decrease in the functional sensitivity of an
animal's hearing system at some or all frequencies (CSA, 2004). The
principal factors involved in determining whether PTS will occur
include sound impulse duration, peak amplitude, and rise time. The
criteria are location and species-specific (Ketten, 1995) and are also
influenced by the health of the receiver's ear.
At least in terrestrial animals, it has been demonstrated that the
received level from a single exposure must be far above the TTS
threshold for there to be a risk of PTS (Kryter, 1985, Richardson et
al., 1995; CSA, 2004). Sound signals with sharp rise times (e.g., from
explosions) produce PTS at lower intensities than do other types of
sound (Gisiner, 1998; CSA, 2004).
For explosives, Ketten (1995) estimated that greater than 50-
percent PTS would occur at peak pressures of 237-248 dB re 1 microPa
and that TTS would occur at 211-220 dB re 1 microPa. The ``safe'' peak
pressure level to avoid physical injury recommended by Ketten (1995) is
100 psi (237 dB re 1 microPa, or about 212 dB re 1 microPa\2\-s). PTS
is assumed to occur at received levels 30 dB above TTS-inducing levels.
Studies have shown that injuries at this level involve the loss of
sensory hair cells (Ahroon et al., 1996; CSA, 2004).
Behavioral Effects
Based on the information presented in Richardson et al. (1995), the
possible behavioral effects of noise from underwater explosions on
marine mammals may be categorized as follows:
(1)The noise may be too weak to be heard at the location of the
animal (i.e., below the local ambient noise level, below the hearing
threshold of the animal at the relevant frequencies, or both);
(2)The noise may be audible, but not loud enough to elicit an overt
behavioral reaction;
(3)The noise may elicit behavioral reactions, which may vary from
subtle effects on respiration or other behaviors (detectable only
statistically) to active avoidance behavior;
(4)With repeated exposure, habituation (diminishing responsiveness)
to the noise may occur. Continued disturbance effects are most likely
with sounds that are highly variable in their characteristics,
unpredictable in occurrence, and associated with situations perceived
by the animal as threatening;
(5) Any anthropogenic noise that is strong enough to be heard has
the potential to reduce (mask) the ability of a marine mammal to hear
natural sounds at similar frequencies, including calls from
conspecifics, and underwater environmental sounds such as surf noise.
(6) If mammals remain in an area because it is important for
feeding, breeding or some other biologically important purpose even
though there is chronic exposure to noise, it is possible that there
could be noise-induced physiological stress; this might in turn have
negative effects on the well-being or reproduction of the animals
involved; and
(7) Very strong sounds have the potential to cause temporary or
permanent reduction in hearing sensitivity. In terrestrial mammals, and
presumably marine mammals, received sound levels must far exceed the
animal's hearing threshold for there to be any temporary threshold
shift (TTS) in its hearing ability. For transient sounds, the sound
level necessary to cause TTS is inversely related to the duration of
the sound. Received sound levels must be even higher for there to be
risk of permanent hearing impairment. In addition, intense acoustic or
explosive events may cause trauma to tissues associated with organs
vital for hearing, sound production, respiration and other functions.
This trauma may include minor to severe hemorrhage.
Behavioral reactions of marine mammals to sounds such as those
produced by underwater explosives are difficult to predict. Whether and
how an animal reacts to a given sound depends on factors such as the
species, hearing acuity, state of maturity, experience, current
activity, reproductive state, time of day, and weather. If a marine
mammal reacts to a sound by changing its behavior or moving a short
distance, the impacts may not be significant to the individual, stock,
or species as a whole. However, if a sound displaces marine mammals
from an important feeding or breeding area for a prolonged period,
impacts could be significant (CSA, 2004).
Richardson et al. (1995) summarized available information on the
reported behavioral reactions of marine mammals to underwater
explosions. Observations following the use of seal bombs as scare
charges indicate that pinnipeds rapidly habituate to and, in general,
appear quite tolerant of noise pulses from explosives. Klima et al.
(1988) reported that small charges were not consistently effective in
moving bottlenose dolphins away from blast sites in the GOM. Since
[[Page 49571]]
dolphins may be attracted to the fish killed by such a charge, rather
than repelled, scare charges are not used in the GOM platform removal
program (G. Gitschlag, personal communication, in Richardson et al.,
1995).
There are few data on the reactions of baleen whales to underwater
explosions. Gray whales were apparently unaffected by 9- to 36-kg (20-
to 97-lb) charges used for seismic exploration (Fitch and Young, 1948).
However, Gilmore (1978) felt that similar underwater blasts within a
few kilometers of the gray whale migration corridor did ``sometimes''
interrupt migration.
Humpback whales have generally not been observed to exhibit
behavioral reactions (including vocal ones) to explosions, even when
close enough to suffer injury (hearing or other) (Payne and McVay,
1971; Ketten et al., 1993; Lien et al., 1993; Ketten, 1995; Todd et
al., 1996). In Newfoundland, humpbacks displayed no overt reactions
within about 2 km of 200- to 2,000-kg explosions. Whether habituation
and/or hearing damage occurred was unknown, but at least two whales
were injured (and probably killed) (Ketten et al., 1993). Other
humpback whales in Newfoundland, foraging in an area of explosive
activity, showed little behavioral reaction to the detonations in terms
of decreased residency, overall movements, or general behavior,
although orientation ability appeared to be affected (Todd et al.,
1996). Todd et al. (1996) suggested caution in interpretation of the
lack of visible reactions as indication that whales are not affected or
harmed by an intense acoustic stimulus; both long- and short-term
behavior as well as anatomical evidence should be examined. The
researchers interpreted increased entrapment rate of humpback whales in
nets as the whales being influenced by the long-term effects of
exposure to deleterious levels of sound.
As mentioned previously, Finneranet al. (2000) exposed captive
bottlenose dolphins and belugas to single, simulated sounds of distant
explosions. The broad-band received levels were 155-206 dB; pulse
durations were 5.4-13 ms. This was equivalent to a maximum spectral
density of 102-142 dB re 1 microPa\2\/Hz at a 6.1 Hz bandwidth.
Although pulse durations differed, the source levels required to induce
these reactions were similar to those found by Ridgway et al. (1997)
and Schlundt et al. (2000).
Estimates of Take by Harassment During Explosive Severance Activities
in the GOM
The MMS has requested NMFS to issue authorizations, under section
101(a)(5)(A) of the MMPA, to cover any potential take by Level A or
Level B harassment for the 21 species of marine mammals listed
previously in this document, incidental to the oil and gas industry
conducting explosive-severance operations regulated by the MMS.
Explosive severance operations have the potential to take marine
mammals by contact with shock wave and acoustic energy released from
underwater detonations and the resultant injury, hearing damage, and
behavioral effects as defined by NMFS. For this activity, MMS has
adopted, without modification, NMFS' take thresholds and criteria for
explosives used in the incidental take authorization for shock trials
for the U.S. Navy's Winston Churchill (USDON, 2001). While these
criteria remain a subject for discussion (see 69 FR 21816, April 22,
2004), the Churchill criteria (12 pounds/in\2\ (psi) peak-pressure and
182 dB (re 1 microPa\2\-sec)) remain conservative because Finneran et
al. (2003) did not find masked TTS in the single bottlenose dolphin
tested at the highest exposure conditions: peak pressure of 207 kPa (30
psi), 228 dB re 1 microPa pk-pk pressure, and 188 dB re 1 microPa\2\-s
total energy flux.
The criteria for nonlethal, injurious impacts (Level A harassment)
are currently defined as the incidence of 50-percent tympanic-membrane
(TM) rupture and the onset of slight lung hemorrhage for a 12.2-kg (27
lb) dolphin calf. Level A harassment take is assumed to occur:
1. At an energy flux density value of 1.17 in-lb/in\2\ (which is
about 205 dB re 1 microPa\2\-s); and
2. If the peak pressure exceeds 100 psi for an explosive source;
i.e., the ``safe'' peak pressure level to avoid physical injury
recommended by Ketten (1995).
The horizontal distance from the explosive to each threshold is
determined and the maximum distance at which either is exceeded is
considered to be the distance at which Level A harassment would occur
(USDON, 2001).
NMFS recognizes two levels of noninjurious acoustical impacts
(Level B harassment). One criterion for Level B harassment is defined
by the onset of TTS. Two thresholds are applied. TTS is assumed to be
induced:
1. At received energies greater than 182 dB re 1 microPa\2\-s
within any 1/3-octave band; and
2. If, for an explosive source, the peak pressure at the animal
exceeds 12 psi.
As with Level A harassment, the horizontal distance to each
threshold is determined and the maximum distance at which either is
exceeded is considered the distance at which Level B harassment (TTS)
would occur (USDON, 1998 and 2001; CSA, 2004).
Sub-TTS behavioral effects may also be considered to constitute a
take by Level B harassment if a marine mammal reacts to an activity in
a manner that would disrupt some behavioral pattern in a biologically
significant way. NMFS does not believe that single, minor reactions
(such as startle or ``heads-up'' alert displays, short-term changes in
breathing rates, or modified single dive sequences) that have no
biological context qualify as takes (66 FR 22450, May 4, 2001). This
would include minor or momentary strictly behavioral responses to
single events such as underwater explosions. Since explosive severance
activities result in single, almost instantaneous detonations, with no
repetitive detonations, NMFS does not believe that marine mammals would
be subject to behavioral harassment other than behavioral modifications
incurred as a result of TTS.
In order to obtain potential incidental-take numbers for explosive
severance activities, fundamental modeling components require: (1)
predictive modeling of detonation pressure/energy propagation, (2)
propagation model verification and utilization, (3) predictive modeling
of marine mammal take estimates, and (4) take-estimate calculation.
These calculations are explained in detail in MMS' application and PEA.
Based on MMS calculations for all explosive severance scenarios,
Level A harassment takes would be limited to less than one bottlenose
dolphin and between three and five bottlenose dolphins, one Atlantic
spotted, and one pantropical spotted dolphins over the five-year period
of the proposed regulations.
Based on MMS calculations for all explosive severance scenarios,
Level B harassment takes would be limited 148-227 bottlenose dolphins,
35-65 Atlantic spotted dolphins, 33-77 pantropical spotted dolphins,
11-27 Clymene dolphins, 8-12 rough-toothed dolphins, 6-14 striped
dolphins, 6-15 melon-headed whales, 4-10 pilot whales, 2-5 spinner
dolphins, 1-3 Risso's dolphins, and 1-2 sperm whales. It should be
noted that these estimates are made without consideration of the
implementation of mitigation measures to protect marine mammals, so
actual harassment numbers would likely be
[[Page 49572]]
lower. Post-activity monitoring conducted by NMFS observers since about
1989 has not resulted in any sightings of distressed marine mammals.
Mitigation and Monitoring
Based upon the analysis found in the Structure-Removal PEA, MMS
believes that implementation of the mitigation measures listed in this
section will prevent any significant impacts from occurring.
Charge Criteria
The charge criteria discussed here (e.g., charge size, detonation
staggering, and explosive material) are applicable for all of the
explosive-severance scenarios conducted under the proposed action.
Charge Size
The options available under the multiple explosive-severance
scenarios allow for the development of any size charge between 0 and
500 lb (226.8 kg). Most often determined in the early planning stages,
the final/actual charge weight establishes the specific mitigation
scenario that must be adhered to as a permit condition. However,
increasing charge size results in increasing levels of mitigation/
monitoring. Using explosives greater than 500 lb (226.8 kg) are not
proposed to be authorized for taking marine mammals under the MMPA. Use
of explosives greater than 500 lb (226.8 kg) would require additional
National Environmental Policy Act (NEPA) analyses, Endangered Species
Act (ESA) consultations and MMPA authorization prior to usage. As a
result, no marine mammal takings will be authorized for charge weights
greater than 500 lbs (226.8 kg).
Detonation Staggering
Multiple-charge detonations will be staggered at an interval of 0.9
sec (900 msec) between blasts to prevent an additive pressure event.
For decommissioning purposes, a ``multiple-charge detonation'' refers
to any configuration where more than one charge is required in a single
detonation ``event.''
Explosive Material
There are many important properties (i.e., velocity, brisance,
specific-energy, etc.) related to the explosive material(s) used in
developing severance charges. Material needs vary widely depending upon
target characteristics, marine conditions, and charge placement. Since
specific material and personnel safety requirements must be established
and followed, MMS believes that all decisions on explosive composition,
configuration, and usage should be made by the qualified (i.e.,
licensed and permitted) explosive contractors in accordance with the
applicable explosive-related laws and regulations.
Specific Mitigation/Monitoring Requirements
Explosive-severance activities, as described in the MMS application
and PEA, have been grouped into five blasting categories (very small,
small, standard, large, and specialty). Since the level of detonation
pressure and energy is primarily related to the amount of the
explosives used, these categories were developed cooperatively by MMS,
NMFS and industry based upon the specific range of charge weights
needed to conduct current and future GOM OCS decommissionings.
Depending on the design of the target and other variable marine
conditions, the severance charges developed under each of these
categories could be designed for use in either a below-mudline (BML) or
above mudline (AML) configuration. These factors, combined with an
activity location within either the shelf (less than 200 m (656 ft)) or
slope (greater than 200 m (656 ft)) species-delineation zone, result in
20 separate severance scenarios, as shown in Table 1.
BILLING CODE 3510-22-S
[[Page 49573]]
[GRAPHIC] [TIFF OMITTED] TN24AU05.001
The charge criteria listed previously will be standard for all
decommissionings employing explosive-severance activities. However,
depending upon the severance scenario, there are six different types of
marine mammal/sea turtle monitoring surveys that could be conducted
before and after all detonation events. The specific monitoring
requirements, survey times, and impact zone radii for all explosive-
severance scenarios are summarized in Table 2.
[[Page 49574]]
[GRAPHIC] [TIFF OMITTED] TN24AU05.002
BILLING CODE 3510-22-C
[[Page 49575]]
Use of Table 2 is illustrated using the Standard Blasting Category
for shelf and slope waters as an example:
Shelf Waters (<200 m): Scenarios C1 and C3
An operator proposing shelf-based, explosive-severance activities
conducted under the standard blasting category will be limited to 80-lb
charge sizes (BML or AML) and will be required to conduct all requisite
monitoring during daylight hours out to the associated impact-zone
radii listed here:
C1-631 m (2,069 ft)
C3-829 m (2,721 ft)
Required Observers
Generally, two NMFS observers are required to perform marine
mammal/sea turtle detection surveys for standard-blasting under shelf
scenarios C1 and C3. If necessary, the site coordinator will determine
if additional observers are required to compensate for the complexity
of severance activities and or structure configuration. In addition to
meeting all reporting requirements, the NMFS observers will:
(1) Brief affected crew and severance contractors on the monitoring
requirements and notify topsides personnel to immediately report any
sighted marine mammal/sea turtles to the observer or company
representative;
(2) Establish an active line of communication (i.e., 2-way radio,
visual signals, etc.) with company and blasting personnel; and
(3) Devote the entire, uninterrupted survey time to marine mammal/
sea turtle monitoring.
Pre-Detonation Monitoring
Before severance charge detonation, the NMFS observers will conduct
a 90-min surface monitoring survey of the impact zone. The monitoring
will be conducted from the highest vantage point available from either
the decommissioning target or proximal surface vessels. Once the
surface monitoring is complete (i.e., the impact zone cleared of marine
mammal/sea turtles), one of the NMFS observers will transfer to a
helicopter to conduct a 30-min (Scenario C1) or 45-min (Scenario C3)
aerial monitoring survey. As per approved guidelines, the helicopter
will transverse the impact zone at low speed/altitude in a specified
grid pattern. If during the aerial survey a marine mammal/sea turtle
is:
(1) Not sighted, proceed with the detonation;
(2) Sighted outbound and continuously tracked clearing the impact
zone, proceed with the detonation after the monitoring time is complete
to ensure no reentry;
(3) Sighted outbound and the marine mammal/sea turtle track is lost
(e.g., the animal dives below the surface),
Halt the detonation,
Wait 30 min, and
Reconduct the 30 min (C1) or 45 min (C3) aerial monitoring
survey; or
(4) Sighted inbound,
Halt the detonation,
Wait 30 minutes, and
Reconduct the 30-min (C1) or 45-min (C3) aerial monitoring
survey.
Post-Detonation Monitoring
After severance charge detonation, the NMFS observer will conduct a
30-min aerial monitoring survey of the impact zone to look for impacted
marine mammal/sea turtles. If a marine mammal/sea turtle is found
shocked, seriously injured, or dead, the operations will cease,
attempts will be made, under the direction of the NMFS observer, to
collect/resuscitate the animal, and the Southeast Region, NMFS will be
contacted for additional instruction. If no marine mammal/sea turtles
are observed to be impacted by the detonation, the NMFS observer will
record all of the necessary information as required in MMS's permit
approval letter and guidelines for the preparation of a trip report.
If unforeseen conditions or events occur during a standard-blasting
operation that may necessitate additional monitoring, the NMFS observer
will contact the NMFS Platform Removal Observer Program (PROP)
Coordinator in Galveston, TX and/or MMS for additional guidance. A
flowchart of the monitoring process and associated survey times for
standard severance-scenarios C1 and C3 is provided in Figure 6 in MMS,
2005a.
Slope Waters (>200 m): Scenarios C2 and C4
An operator proposing slope-based, explosive-severance activities
conduced under the standard blasting category will be limited to 80-lb
charge sizes (BML or AML) and conduct all requisite monitoring during
daylight hours out to the associated impact-zone radii listed below:
C2-631 m (2,069 ft)
C4-829 m (2,721 ft)
Required Observers
Slope water scenarios propose to require a minimum of three NMFS
observers for the coordinated surface, aerial, and acoustic monitoring
surveys, therefore, at least two ``teams'' of observers will be
required. The PROP Coordinator will determine each ``team'' size
depending upon the complexity of severance activities and or structure
configuration. In addition to meeting all reporting requirements, the
NMFS observers would perform the same functions as the observers in the
Shelf Water Scenarios C1 and C3.
Pre-Detonation Monitoring
Before severance charge detonation, NMFS observers will begin a 90-
min surface monitoring survey and a 120-min (Scenario C2) or 150-min
(Scenario C4) passive-acoustic monitoring survey of the impact zone.
The surface monitoring will be conducted in the same manner as the C1
and C3 scenarios. Once the surface monitoring is complete (i.e., the
impact zone cleared of marine mammal/sea turtles), the acoustic survey
will continue while one of the NMFS observers transfers to a helicopter
to conduct a 30-min (Scenario C2) or 60-min (Scenario C4) aerial
monitoring survey. As per approved guidelines, the helicopter will
transverse the impact zone at low speed/altitude in a specified grid
pattern.
The proposed requirements on marine mammal and sea turtle sighting
for the C1 and C3 scenarios would apply here except that the wait times
and aeries survey times differ (see Table 2).
Post-Detonation Monitoring
Scenarios C2 and C4 both would require the same post-detonation
monitoring explained for the C1 and C3 scenarios. , or
Scenario C4 also requires a post-post-detonation aerial monitoring
survey to be conducted within 2-7 days after detonation activities
conclude. Conducted by helicopter or fixed-wing aircraft, observations
are to start at the removal site and proceed leeward and outward of
wind and current movement. Any injured or killed marine mammal/sea
turtle must be recorded, and if possible, tracked after notifying NMFS.
If no marine mammal/sea turtles are observed to be impacted during
either aerial survey, the NMFS observers will record all of the
necessary information as detailed in MMS's permit approval letter and
guidelines for the preparation of a trip report.
If unforeseen conditions or events occur during a standard-blasting
operation that may necessitate additional monitoring, the NMFS observer
will contact the coordinator and/or MMS for additional guidance. A
flowchart of the monitoring process and associated survey times for
standard severance- scenarios C2 and C4 is
[[Page 49576]]
provided in Figure 7 in the MMS application (MMS, 2005a).
Reporting Requirements
All explosive-severance activities in the GOM would be mandated to
abide by the reporting requirements listed in this section. The
information collected will be used by MMS and NMFS to continually
assess mitigation effectiveness and the level of marine mammal/sea
turtle impacts.
The reporting responsibilities will be undertaken by the NMFS'
marine mammal/sea turtle observer for scenarios B1-E4 (Table 2) and the
collected data will be prepared and routed in accordance with
previously established guidelines for filing times and distribution.
For very-small blasting scenarios A1-A4, the company observer will
be responsible for recording the data and preparing a trip report for
submittal within 30-days of completion of the severance activities.
Trip reports for scenarios A1-A4 will be sent to MMS and NMFS Gulf/
Southeast regional offices.
In addition to basic operational data (i.e., area and block, water
depth, company/platform information, etc.), the trip reports must
contain all of the applicable information listed in Table 10 in MMS'
application. In the event that a marine mammal or sea turtle is
shocked, injured, or killed during the severance activities, the
operations will cease and the observer will contact MMS and NMFS'
Southeast Regional Office. If the animal does not revive, efforts
should be made to recover it for necropsy in consultation with the
appropriate NMFS' Stranding Coordinator.
Conclusions
MMS has concluded that impacts to marine mammals from explosive-
severance activities conducted under the proposed action are
potentially adverse but not significant. The projected Level A
harassment takes are very unlikely and, would be limited to 3 species.
No deaths or serious injuries to marine mammals or sea turtles are
projected. If any marine mammals are displaced from preferred grounds,
it will be for the short term, and no critical habitat is involved.
Level B harassment takes may disrupt behavioral patterns in a few
individuals of a few species, but no effect is projected on annual
recruitment or survival. With proposed mitigation measures in place,
the potential impacts on marine mammals are expected to be negligible.
ESA
Under section 7 of the ESA, MMS has begun consultation on the
proposed explosive severance activtiy. NMFS will also consult on the
issuance of regulations and LOAs under section 101(a)(5)(A) of the MMPA
for this activity. Consultation will be concluded prior to a
determination on the issuance of regulations.
NEPA
MMS completed and released its PEA to the public on February 28,
2005. That document is available for review (see ADDRESSES).
NMFS is reviewing the PEA and will either adopt it or prepare its
own NEPA document before making a determination on the issuance of
regulations and LOAs for this activity.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES). NMFS requests commenters also
read the MMS application and PEA on this action prior to submitting
comments.
Dated: August 18, 2005.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-16843 Filed 8-23-05; 8:45 am]
BILLING CODE 3510-22-S