Taking of Marine Mammals Incidental to Specified Activities; On-ice Seismic Operations in the Beaufort Sea, 26336-26340 [E6-6768]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26336-26340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6768]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041306A]


Taking of Marine Mammals Incidental to Specified Activities; On-
ice Seismic Operations in the Beaufort Sea

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice of issuance of an incidental harassment authorization.

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SUMMARY:  In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization (IHA) to take small numbers of marine mammals, 
by harassment, incidental to conducting on-ice vibroseis seismic 
operations in the Harrison Bay portion of the western U.S. Beaufort Sea 
has been issued to Kuukpik Veritas DGC (Kuukpik) for a period of 1 
year.

DATES:  Effective from April 30, 2006 through April 29, 2007.

ADDRESSES:  The authorization and application containing a list of the 
references used in this document may be obtained by writing to this 
address or by telephoning the contact listed here. The application is 
also available at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.

FOR FURTHER INFORMATION CONTACT:  Shane Guan, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 137 or Brad Smith, Alaska Region, 
NMFS, (907) 271-5006.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    Permission may be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s), will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses, and that the permissible methods of 
taking and requirements pertaining to the mitigation, monitoring and 
reporting of such takings are set forth. NMFS has defined ``negligible 
impact'' in 50 CFR 216.103 as ''...an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals by harassment. 
Except for certain categories of activities not pertinent here, the 
MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [Level A harassment]; or (ii) has the potential to disturb a 
marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
[Level B harassment].
    Section 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
marine mammals. Within 45 days of the close of the comment period, NMFS 
must either issue or deny issuance of the authorization.

Summary of Request

    On October 24, 2005, NMFS received an application from ASRC Energy 
Services, Lynx Enterprises, Inc. (AES Lynx) on behalf of Kuukpik for 
the taking, by harassment, of two species of marine mammals incidental 
to conducting an on-ice seismic survey program. The seismic operations 
will be conducted in the Harrison Bay portion of the western U.S. 
Beaufort Sea. The proposed survey would be conducted

[[Page 26337]]

from through May 20, 2006. The operation will consist of laying seismic 
cables with geophones on the frozen sea ice, employing the vibroseis 
method of energy (sound source) production, and recording the seismic 
signals. Water depths in the majority of the planned survey area are 
less than 3 m (9.8 ft).
    The purpose of the project is to gather information about the 
subsurface of the earth by measuring acoustic waves, which are 
generated on or near the surface. The acoustic waves reflect at 
boundaries in the earth that are characterized by acoustic impedance 
contrasts.

Description of the Activity

    The seismic surveys use the ``reflection'' method of data 
acquisition. Seismic exploration uses a controlled energy source to 
generate acoustic waves that travel through the earth, including sea 
ice and water, as well as sub-sea geologic formations, and then uses 
ground sensors to record the reflected energy transmitted back to the 
surface. When acoustic energy is generated, compression and shear waves 
form and travel in and on the earth. The compression and shear waves 
are affected by the geological formations of the earth as they travel 
in it and may be reflected, refracted, diffracted or transmitted when 
they reach a boundary represented by an acoustic impedance contrast. 
Vibroseis seismic operations use large trucks with vibrators that 
systematically put variable frequency energy into the earth. At least 
1.2 m (4 ft) of sea ice is required to support the various equipment 
and vehicles used to transport seismic equipment offshore for 
exploration activities. These ice conditions generally exist from 1 
January until 31 May in the Beaufort Sea. Several vehicles are normally 
associated with a typical vibroseis operation. One or two vehicles with 
survey crews move ahead of the operation and mark the energy input 
points. Crews with wheeled vehicles often require trail clearance with 
bulldozers for adequate access to and within the site. Crews with 
tracked vehicles are typically limited by heavy snow cover and may 
require trail clearance beforehand.
    With the vibroseis technique, activity on the surveyed seismic line 
begins with the placement of sensors. All sensors are connected to the 
recording vehicle by multi-pair cable sections. The vibrators move to 
the beginning of the line and begin recording data. The vibrators begin 
vibrating in synchrony via a simultaneous radio signal to all vehicles. 
In a typical survey, each vibrator will vibrate four times at each 
location. The entire formation of vibrators subsequently moves forward 
to the next energy input point (e.g. 67 m, or 220 ft, in most 
applications) and repeats the process. In a typical 16- to 18-hour day, 
a surveys will complete 6-16 km (4 to 10 linear miles) in 2-dimensional 
seismic operations and 24 to 64 km (15 to 40 linear miles) in a 3-
dimensional seismic operation.

Comments and Responses

    A notice of receipt and request for 30-day public comment on the 
application and proposed authorization was published on February 27, 
2006 (71 FR 9782). During the 30-day public comment period, NMFS 
received the following comments from the Marine Mammal Commission 
(Commission).
    Comment 1: As noted in the Commission's previous letters on similar 
requests, the Commission believes that the effects of the activities 
proposed, by themselves, are likely to be negligible. However, the 
Commission continues to be concerned that the cumulative impacts of (1) 
many such activities in the Beaufort Sea (see National Academy of 
Sciences report entitled Cumulative Environmental Effects of Oil and 
Gas Activities on Alaska's North Slope), and (2) predicted climate 
change in this region may, at some point, have more than negligible 
impacts on marine mammal populations.
    Response: NMFS is unaware of any other wintertime seismic 
operations in the U.S. Beaufort Sea. The only other potential ice-road 
construction activity is by Northstar operations near Prudhoe Bay (70 
FR 17066, April 4, 2005), which is about 100 miles (1,610 km) from the 
proposed action in the Coleville Delta/Harrison Bay region of the 
Beaufort Sea. No ice-roads have been constructed in recent years due to 
use of hovercraft for transportation. As for the cumulative impacts:
    (1) The report Cumulative Environmental Effects of Oil and Gas 
Activities on Alaska's North Slope (Report) released by the National 
Academy of Science lists industrial noise and oil spill as major 
impacts to marine mammals from oil and gas development. So far the 
prevalent human induced mortalities on marine mammals (bowhead whales, 
seals, and polar bears) in this region are from subsistent hunting. The 
Report further predicts that ``if climate warming and substantial oil 
spills did not occur, cumulative effects on ringed seals and polar 
bears in the next 25 years would likely be minor and not accumulate''. 
In its findings, the Report concludes that ``industrial activity in 
marine waters of the Beaufort Sea has been limited and sporadic and 
likely has not caused serious accumulating effects on ringed seals or 
polar bears''; and ``careful mitigation can help to reduce the effects 
of North Slope oil and gas development and their accumulation, 
especially if there is no major oil spill''. The proposed activity 
would have no potential for oil spill, neither would it produce noise 
that is high enough to cause any harm to marine mammals.
    (2) Although climate warming should be a concern for the 
sustainability of the entire ecosystem in the Alaska's North Slope 
region, it is irrelevant to the proposed action since the on-ice 
seismic activity would neither contribute nor reduce the pace of global 
warming. The melting of shore-fast ice by itself would only reduce the 
on-ice activity as it would be unsafe to employ vibroseis survey 
techniques. At least 4 ft (1.2 m) of ice thickness is required to 
support the various equipment and vehicles used to transport seismic 
equipment offshore for exploration activities.
    Comment 2: The Commission questions whether arctic cod, which are a 
primary prey of ringed seals, could be adversely affected by vibroseis 
surveys.
    Response: Most of the on-ice seismic survey would be conducted in 
areas where water depth is under 3 m (9.8 ft) with the shore-fast ice 
at 1.2 m (4 ft) thick. This is not preferred habitat for the arctic 
cod, which is commonly found at the surface of the sea close to shore 
among ice floes.
    Comment 3: The Commission reiterates its recommendation that 
monitoring programs for the proposed activities be expanded to collect 
more general data on changes in density and abundance of potentially 
affected marine mammals, reproductive rates, prey availability, 
foraging patterns, distribution, and contaminant levels where oil and 
gas exploration, development, and production occur. The Commission 
considers such information essential for ensuring that subtle changes 
occurring over short periods (i.e., seasonally or annually) have 
negligible cumulative effects over longer periods.
    Response: Under section 101(a)(5)(D) of the MMPA, NMFS must 
prescribe a monitoring program that the applicant must implement to 
provide information on marine mammal takings and impacts on affected 
species and stocks. As provided in the Federal Register notice of 
receipt of this IHA application (71 FR 9782, February 27, 2006), seal 
density and structure survey would be conducted before selection of 
transit routes, and a second seal structure survey would be performed 
shortly after

[[Page 26338]]

the end of the seismic surveys. A detailed description of the survey is 
provided in that Federal Register notice (71 FR 9782, February 27, 
2006) and is not repeated here. However, an expanded program to collect 
information on prey availability, foraging patterns, and contaminant 
levels of marine mammals is beyond the scope of the proposed action.
    Comment 4: The Commission believes that the use of trained dogs is 
the only reliable method for locating ringed seal lairs and other 
structures. Thus, if trained dogs are not available for the initial 
survey, the Commission does not believe that the NMFS should accept 
monitoring by humans as an alternative until it has been demonstrated 
that such monitoring is as effective as that carried out using dogs.
    Response: While NMFS believes the use of trained dogs to locate 
ringed seal lairs during on-ice surveys conducted in areas with water 
depth less than 3 m (9.8 ft) is the best method to detect ringed seals 
in winter, NMFS also believes that the use of experienced subsistence 
hunters should be an alternative only if no dogs are available. In such 
cases, NMFS requires the applicant to provide certifications from 
owners of trained dogs stating that no dogs are available for the 
purposed surveys during the survey days. The applicant points out it 
has certain concerns over the required dogs, including the biasing of 
locating abandoned versus active holes, the potential of attracting 
polar bears, potential takes of seals by dogs, and the opposition from 
the native groups.
    Comment 5: The Commission also notes that the probability of 
physical damage to seal lairs and holes or individual seals is related 
to the total area affected, and it suggests that vehicles stay on the 
actual shot lines to the maximum extent possible.
    Response: The majority of the areas (> 95 percent) that would be 
subject to on-ice seismic survey would be under 3 m (9.8 ft) deep, 
therefore are not ringed seal habitat. Nevertheless, NMFS is requiring 
the applicant to have survey vehicles stay on the actual shot lines to 
the maximum extent possible.
    Comment 6: The Commission further recommends that the authorization 
specify that operations be suspended if a mortality or serious injury 
of a seal occurs. The suspension would provide an opportunity for NMFS 
to determine whether steps can be taken to avoid further injuries or 
mortalities and whether an incidental take authorization is needed 
under section 101(a)(5)(A) of the MMPA.
    Response: NMFS agrees, and the IHA condition will specify that 
operations be suspended if a mortality or serious injury of a seal is 
detected.
    Comment 7: The Commission noted that the application indicates that 
a brief portion of the proposed project may be conducted over open 
water if on-ice studies are inadequate and further resolution is 
needed. Such open-water work would involve the use of small airgun 
arrays. If it has not already done so, the Commission asks NMFS to 
request additional information from the applicant on this portion of 
the proposed activities (e.g., sizes of airguns, zones of influence, 
etc.).
    Response: The application NMFS received on February 7, 2006, 
indicates that open-water surveys would only be necessary if on-ice 
seismic surveys indicate that there may be a dead zone from where 
inadequate or jumbled seismic signals were recorded. Under such 
circumstances when open-water seismic surveys become necessary, the 
applicant will be required to submit a new IHA application for open-
water surveys providing detailed information on this proposed activity. 
Open-water seismic surveys are not authorized under this IHA.
    Comment 8: The application states that the applicant will seek a 
Letter of Authorization (LOA) from U.S. Fish and Wildlife Service 
(USFWS) for intentional take of polar bears. NMFS should advise the 
applicant that it will need to obtain appropriate authorizations from 
FWS for any taking of polar bears.
    Response: Both intentional and unintentional, incidental take of 
marine mammals is prohibited under the MMPA, unless the take has been 
authorized by the appropriate agency. NMFS encourages the applicant to 
contact the FWS regarding appropriate authorizations for any 
intentional or unintentional, incidental taking of polar bears that may 
occur as a result of their activities.

Description of Habitat, Marine Mammals Affected by the Activity, and 
the Impact on Affected Marine Mammals

    A detailed description of the Beaufort Sea ecosystem can be found 
in several documents (Corps of Engineers, 1999; NMFS, 1999; Minerals 
Management Service (MMS), 1992, 1996, 2001). A more detailed 
description of the seismic survey activities and affected marine 
mammals can be found in the AES Lynx application (see ADDRESSES). Four 
marine mammal species are known to occur within the proposed study 
area: ringed seal (Phoca hispida), bearded seal (Erignathus barbatus), 
spotted seal (Phoca largha), and polar bear (Ursus maritimus). The 
applicant reached an arrangement with the USFWS for the intentional 
taking of polar bears because USFWS has management authority for this 
species. Spotted seals are not known winter users of the project area, 
therefore, no incidental take is expected for this species. A more 
detailed description of ringed and bearded seals can be found in the 
proposed IHA notice (71 FR 9782, February 27, 2006). That information 
is not repeated here.
    Mitigation and Monitoring
    The following mitigation measures will be implemented for the 
subject surveys. All activities will be conducted as far as practicable 
from any observed ringed or bearded seal lair and no energy source will 
be placed over a ringed or bearded seal lair. Only vibrator-type 
energy-source equipment shown to have similar or lesser effects than 
proposed will be used. Kuukpik will provide training for the seismic 
crews so they can recognize potential areas of ringed seal lairs and 
adjust the seismic operations accordingly.
    Ringed seal pupping occurs in ice lairs from late March to mid-to-
late April (Smith and Hammill, 1981). Prior to commencing on-ice 
seismic surveys in areas where water depth is less than 3 m (9.8 ft) in 
mid-March, trained dogs will be used to screen for lairs along the 
planned on-ice seismic transmission routes. In case that no dogs are 
available for the scheduled survey, experienced Inupiat subsistence 
hunters will be hired to look for seal lairs. The seal structure survey 
will be conducted before selection of precise transit routes to ensure 
that seals, particularly pups, are not injured by equipment. The 
locations of all seal structures will be recorded by Global Positioning 
System (GPS), staked, and flagged with surveyor's tape. Surveys will be 
conducted 150 m (492 ft) to each side of the transit routes. Actual 
width of route may vary depending on wind speed and direction, which 
strongly influence the efficiency and effectiveness of dogs at locating 
seal structures. Few, if any, seals inhabit ice-covered waters 
shallower than 3 m (9.8 ft) due to water freezing to the bottom or poor 
prey availability caused by the limited amount of ice-free water.
    Kuukpik will also continue to work with NMFS, other Federal 
agencies, the State of Alaska, Native communities of Barrow and 
Nuiqsut, and the Inupiat Community of the Arctic Slope (ICAS) to assess 
measures to further minimize any impact from seismic activity. A Plan 
of Cooperation was developed between Kuukpik and Nuiqsut to ensure that

[[Page 26339]]

seismic activities do not interfere with subsistence harvest of ringed 
or bearded seals.
    The level of impacts, while anticipated to be negligible, will be 
assessed by conducting a second seal structure survey shortly after the 
end of the seismic surveys. A single on-ice survey will be conducted by 
biologists on snow machines using a GPS to relocate and determine the 
status of seal structures located during the initial survey. The status 
(active vs. inactive) of each structure will be determined to assess 
the level of incidental take by seismic operations. The number of 
active seal structures abandoned between the initial survey and the 
final survey will be the basis for enumerating possible harassment 
takes. If dogs are not available for the initial survey, takings will 
be estimated by using observed densities of seals on ice reported by 
Moulton et al. (2001) for the Northstar development, which is 
approximately 24 nm (46 km) from the eastern edge of the proposed 
activity area.
    Seal structures take estimates will be determined for the portion 
of the activity area exposed to seismic surveys in water depths of 3 m 
(9.8 ft) or less. Take for this area will be estimated by using the 
observed density (13/100 km\2\) reported by Moulton et al. (2001) for 
water depths between 0 to 3 m (0 to 9.8 ft) in the Northstar project 
area, which is the only source of a density estimate stratified by 
water depth for the Beaufort Sea. This will be an overestimation 
requiring a substantial downward adjustment to better reflect the 
likely take of seals using lairs, since few if any of the structures in 
these water depths would be used for birthing, and the Moulton et al. 
(2001) estimate includes all seals.

Reporting

    An annual report must be submitted to NMFS within 90 days of 
completing the year's activities.

Endangered Species Act (ESA)

    NMFS has determined that no species listed as threatened or 
endangered under the ESA will be affected by issuing an incidental 
harassment authorization under section 101(a)(5)(D) of the MMPA to 
Kuukpik for this on-ice seismic survey.

National Environmental Policy Act (NEPA)

    The information provided in Environmental Assessments (EAs) 
prepared in 1993 and 1998 for winter seismic activities led NOAA to 
conclude that implementation of either the preferred alternative or 
other alternatives identified in the EA would not have a significant 
impact on the human environment. Therefore, an Environmental Impact 
Statement was not prepared. The proposed action discussed in this 
document is not substantially different from the 1993 and 1998 actions, 
and a reference search has indicated that no significant new scientific 
information or analyses have been developed in the past several years 
that would warrant new NEPA documentation.

Determinations

    The anticipated impact of winter seismic activities on the species 
or stock of ringed and bearded seals is expected to be negligible (and 
limited to the taking of small numbers) for the following reasons:
    (1) The activity area supports a small proportion (<1 percent) of 
the ringed and bearded seal populations in the Beaufort Sea.
    (2) Most of the winter-run seismic lines will be on ice over 
shallow water where ringed seals are absent or present in very low 
abundance. Most of the activity area is near shore and/or in water less 
than 3 m (9.8 ft) deep, which is generally considered poor seal 
habitat. Moulton et al. (2001) reported that only 6 percent of 660 
ringed seals observed on ice in the Northstar project area were in 
water between 0 to 3 m (0 to 9.8 ft) deep.
    (3) For reasons of safety and because of normal operational 
constraints, seismic operators will avoid moderate and large pressure 
ridges, where seal and pupping lairs are likely to be most numerous.
    (4) The sounds from energy produced by vibrators used during on-ice 
seismic programs typically are at frequencies well below those used by 
ringed seals to communicate (1,000 Hz). Thus, ringed seal hearing is 
not likely to be very good at those frequencies and seismic sounds are 
not likely to have strong masking effects on ringed seal calls. This 
effect is further moderated by the quiet intervals between seismic 
energy transmissions.
    (5) There has been no major displacement of seals away from on-ice 
seismic operations (Frost and Lowry, 1988). Further confirmation of 
this lack of major response to industrial activity is illustrated by 
the fact that there has been no major displacement of seals near the 
Northstar Project. Studies at Northstar have shown a continued presence 
of ringed seals throughout winter and creation of new seal structures 
(Williams et al., 2001).
    (6) Although seals may abandon structures near seismic activity, 
studies have not demonstrated a cause and effect relationship between 
abandonment and seismic activity or biologically significant impact on 
ringed seals. Studies by Williams et al. (2001), Kelley et al. (1986, 
1988) and Kelly and Quakenbush (1990) have shown that abandonment of 
holes and lairs and establishment or re-occupancy of new ones is an 
ongoing natural occurrence, with or without human presence. Link et al. 
(1999) compared ringed seal densities between areas with and without 
vibroseis activity and found densities were highly variable within each 
area and inconsistent between areas (densities were lower for 5 days, 
equal for 1 day, and higher for 1 day in vibroseis area), suggesting 
other factors beyond the seismic activity likely influenced seal use 
patterns. Consequently, a wide variety of natural factors influence 
patterns of seal use including time of day, weather, season, ice 
deformation, ice thickness, accumulation of snow, food availability and 
predators as well as ring seal behavior and population dynamics.
    In winter, bearded seals are restricted to cracks, broken ice, and 
other openings in the ice. On-ice seismic operations avoid those areas 
for safety reasons. Therefore, any exposure of bearded seals to on-ice 
seismic operations would be limited to distant and transient exposure. 
Bearded seals exposed to a distant on-ice seismic operation might dive 
into the water. Consequently, no significant effects on individual 
bearded seals or their population are expected, and the number of 
individuals that might be temporarily disturbed would be very low.
    As a result, Kuukpik and NMFS believe the effects of on-ice seismic 
are expected to be limited to short-term and localized behavioral 
changes involving relatively small numbers of seals. NMFS has 
determined, based on information in the application and supporting 
documents, that these changes in behavior will have no more than a 
negligible impact on the affected species or stocks of ringed and 
bearded seals. Also, the potential effects of the on-ice seismic 
operations during 2006 are unlikely to result in more than small 
numbers of seals being affected and will not have an unmitigable 
adverse impact on subsistence uses of these two species.

Authorization

    NMFS has issued an IHA to Kuukpik for conducting seismic surveys 
from in the Harrison Bay area of the western

[[Page 26340]]

U.S. Beaufort Sea, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: April 28, 2006.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E6-6768 Filed 5-3-06; 8:45 am]
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