Small Takes of Marine Mammals Incidental to Specified Activities; Movement of Barges through the Beaufort Sea between West Dock and Cape Simpson or Point Lonely, Alaska, 34064-34067 [E6-9215]
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34064
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
Administrative Procedure Act/
Regulatory Flexibility Act
Prior notice and an opportunity for
public comment are not required by the
Administrative Procedure Act or any
other law for rules concerning public
property, loans, grants, benefits, and
contracts (5 U.S.C. 553(a)(2)). Because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Dated: June 7, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E6–9205 Filed 6–12–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[I.D. 051806G]
Marine Mammals and Endangered
Species; National Marine Fisheries
Service File No. 31–1741; U.S. Fish and
Wildlife Service File No. MA081663
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA);
U.S. Fish and Wildlife Service (FWS),
Interior.
ACTION: Notice; receipt of application
for amendment.
SUMMARY: Notice is hereby given that
the Wildlife Conservation Society
(WCS), 2300 Southern Blvd., Bronx, NY
10460 (Dr. Howard C. Rosenbaum,
Principal Investigator) has requested an
amendment to scientific research Permit
No. 31–1741/MA081663.
DATES: Written or telefaxed comments
must be received on or before July 13,
2006.
ADDRESSES: The application request and
related documents are available for
review upon written request or by
appointment in the following office(s):
U.S. Fish and Wildlife Service,
Division of Management Authority,
4401 North Fairfax Drive, Room 700,
Arlington, VA 22203; phone (800) 358–
2104; fax (703) 358–2281; and
Permits, Conservation and Education
Division, Office of Protected Resources,
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NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 713–2289; fax (301) 427–2521.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Branch
of Permits, Division of Management
Authority, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Room
700, Arlington, VA 22203. Those
individuals requesting a hearing should
set forth the specific reasons why a
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (703) 358–2281, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
managementauthority@fws.gov; include
in the subject line of the e-mail
comment the following document
identifier: File No. 31–1741/MA081663.
FOR FURTHER INFORMATION CONTACT:
Monica Farris, Division of Management
Authority, US Fish and Wildlife
Service, (703) 358–2104.
SUPPLEMENTARY INFORMATION: The
subject permit amendment is requested
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et
seq.) and the regulations governing the
taking and importing of marine
mammals (50 CFR parts 18).
The WCS Conservation Genetics
Program, a collaboration between WCS
and the American Museum of Natural
History, maintains one of the largest
collections of marine mammal tissues
and specimens in the world. WCS
wishes to amend their current permit to
obtain, import and export/re-export
specimens and materials from polar
bears (Ursus maritimus), including shed
hair, feces, and DNA and tissue samples
from the wild, tissue banks, and
collaborators. Such tissues would be
obtained by co-investigators or other
named individuals and institutions
working under their own permits.
Export of specimens or tissues,
irrespective of their source, would be
made on temporary loan basis only to
bona fide institutions for the sole
purpose of exhibit or scientific research.
The permit would be amended for the
remainder of the 5–year period of the
currently authorized permit.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activities proposed are categorically
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excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register, FWS
is forwarding copies of this application
to the Marine Mammal Commission and
its Committee of Scientific Advisors.
Dated: June 7, 2006.
Charlie R. Chandler,
Chief, Branch of Permits, Division of
Management Authority, U.S. Fish and
Wildlife Service.
Dated: June 7, 2006.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–9208 Filed 6–12–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 050406A]
Small Takes of Marine Mammals
Incidental to Specified Activities;
Movement of Barges through the
Beaufort Sea between West Dock and
Cape Simpson or Point Lonely, Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application
and proposed incidental harassment
authorization; request for comments.
SUMMARY: NMFS has received a request
to authorize FEX L.P. (FEX), a
subsidiary of Talisman Energy, Inc. to
take small numbers of marine mammals
by harassment incidental to conducting
a barging operation within the U.S.
Beaufort Sea. Under the Marine
Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal
to authorize FEX to incidentally take, by
harassment, small numbers of bowhead
whales, beluga whales, ringed seals,
bearded seals, and spotted seals in the
above mentioned area between
approximately July 1 and November 30,
2006.
DATES: Comments and information must
be received no later than July 13, 2006.
ADDRESSES: Comments on the
application should be addressed to P.
Michael Payne, 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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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
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contact listed here. The mailbox address
for providing e-mail comments is
PR1.050406A@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/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at this
address.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 713–2289, ext
137, or Brad Smith, Alaska Region,
NMFS, (907) 271–3023.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of 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 either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization shall 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
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
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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 April 5, 2006, NMFS received an
application from ASRC Energy Services,
Lynx Enterprises, Inc. (AES Lynx) on
behalf of FEX for the taking of several
species of marine mammals incidental
to the movement of two tugs towing
barges in the U.S. Beaufort Sea. Marine
barges would be transporting drilling
rig(s), consumables, fuel, essential
construction equipment and supplies
from the West Dock Causeway to Cape
Simpson or Point Lonely. Equipment
would be staged and stored in
preparation for the upcoming winter onshore oil and gas drilling and testing
season. Barges proposed for the marine
lift from the West Dock Causeway
include but are not limited to: Crowley
Marine Kavik River and the Sag River
(1,100 horsepower each) tugs, and
Bowhead Stryker or Garrett (two engines
x 220 horsepower each) barges or
comparable class vessels. Additional
barges and support vessels may be
utilized as available and needed. Barges
would be moving at a speed at about 5
- 6 knots. From West Dock Causeway, it
would take approximately 17.5 hours
one way for a barge to reach Point
Lonely and 22 hours to Cape Simpson.
FEX plans to start barging activities in
the early summer of 2006, would make
every effort to avoid periods of bowhead
whale fall westward migration and
subsistence activities, and would
complete the barging by September 1,
2006. Ice, weather conditions, and other
possible operational considerations may
affect the timing of the barge activity,
resulting in some activities taking place
beyond the scheduled target dates. If
necessary, a late season barging effort
may be required after September 1,
2006. FEX has entered a Conflict
Avoidance Agreement (CAA) with the
Alaska Eskimo Whaling Commission
(AEWC) to obtain approvals from AEWC
if barging activities occur during the
September 1 - October 15 subsistence
whaling period. Operations to support
winter on-shore drilling operations may
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include a winter trail on landfast sea
ice. FEX has determined that this
operation will not result in incidental
takes of marine mammals.
Description of Marine Mammals
Affected by the Activity
The Beaufort Sea supports many
marine mammals under NMFS
jurisdiction, including Western Arctic
bowhead whales (Balaena mysticetus),
Beaufort Sea stock of beluga whales
(Delphinapterus leucas), ringed seals
(Phoca hispida), bearded seals
(Erignathus barbatus) and spotted seals
(Phoca largha). Only the bowhead
whale is listed as endangered under the
Endangered Species Act (ESA) and
designated as ‘‘depleted’’ under the
MMPA. The Western Arctic stock of
bowhead whales has the largest
population size among all 5 stocks of
this species (Angliss and Lodge, 2004).
A brief description of the distribution,
movement patterns, and current status
of these species can be found in the FEX
application. More detailed descriptions
can be found in NMFS Stock
Assessment Reports (SARs). Please refer
to those documents for more
information on these species. The SARs
can be downloaded electronically from:
https://www.nmfs.noaa.gov/pr/sars/
species.htm. The FEX application is also
available on-line (see ADDRESSES).
Potential Effects of Tug/Barge
Operations and Associated Activities
on Marine Mammals
Level B harassment of marine
mammals may result from the noise
generated by the operation of towing
vessels during barge movement. The
physical presence of the tugs and barges
could also lead to disturbance of marine
mammals by visual or other cues. The
potential for collisions between vessels
and whales will be essentially zero due
to the slow tow speed (5 - 6 knots) and
visual monitoring by on-board marine
mammal observers.
Marine mammal species with the
highest likelihood of being harassed
during the tug and barge movements
are: beluga whales, ringed seals, and
bearded seals.
Bowhead whales are not expected to
be encountered in more than very small
numbers during the planned period of
time for the tug/barge movement
because the most of them will be on
their summer feeding grounds in the
eastern Beaufort Sea and Amundsen
Gulf of the Canadian waters (Fraker and
Bockstoce, 1980; Shelden and Rugh,
1995). A few transitory whales may be
encountered during the transits. Beluga
whales occur in the Beaufort Sea during
the summer, but are expected to be
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
found near the pack ice edge north of
the proposed movement route.
Depending on seasonal ice conditions, it
is possible that belugas may be
encountered during the transits.
Based on past surveys, ringed seals
should represent the vast majority of
marine mammals encountered during
the transits. Ringed seals are expected to
be present all along the tug/barge transit
routes. There is the possibility that
bearded and spotted seals would also be
taken by Level B harassment during
transit. Spotted seals may be present in
the West Dock/Prudhoe Bay area, but it
is likely that they may be closer to shore
and, therefore, are not expected to be
harassed during transit phase.
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Numbers of Marine Mammals Expected
to Be Taken
The number of marine mammals that
may be taken as a result of the tug/
barging operation is unpredictable.
Operations are scheduled to occur prior
to the westward migration and
associated subsistence bowhead whale
hunts to purposely avoid any take of
this species. Noise disturbance from
vessels might qualify as harassment to
marine mammals, but previous surveys
have indicated little behavioral reaction
from these animals to slow-moving
vessels.
Effects on Subsistence Needs
Residents of the village of Barrow are
the primary subsistence users in the
activity area. The subsistence harvest
during winter and spring is primarily
ringed seals, but during the open-water
period both ringed and bearded seals are
taken. Barrow hunters may hunt year
round; however in more recent years
most of the harvest has been in the
summer during open water instead of
the more difficult hunting of seals at
holes and lairs (McLaren 1958, Nelson
1969). The Barrow fall bowhead
whaling grounds, in some years,
includes the Cape Simpson and Point
Lonely areas (e.g. the 1990 season, when
a large aggregation of feeding bowheads
were pursued by Barrow hunters).
The most important area for Nuiqsut
hunters is off the Colville River Delta in
Harrison Bay, between Fish Creek and
Pingok Island (149° 40′ W). Seal hunting
occurs in this area by snow machine
before spring break-up and by boat
during summer. Subsistence patterns
are reflected in harvest data collected in
1992 where Nuiqsut hunters harvested
22 of 24 ringed seals and all 16 bearded
seals during the open water season from
July to October (Fuller and George,
1997). Harvest data for 1994 and 1995
show 17 of 23 ringed seals were taken
from June to August, while there was no
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record of bearded seals being harvested
during these years (Brower and Opie,
1997).
Due to the transient and temporary
nature of the barge operation, impacts
upon these seals are not expected to
have an unmitigable adverse impact on
subsistence uses of ringed and bearded
seals because: (1) Transient operations
would temporarily displace relatively
few seals; (2) displaced seals would
likely move only a short distance and
remain in the area for potential harvest
by native hunters; (3) studies at the
Northstar development found no
evidence of the development activities
affecting the availability of seals for
subsistence hunters; however, the
Northstar vicinity is outside the areas
used by subsistence hunters (Williams
and Moulton, 2001); (4) the area where
barge operations would be conducted is
small compared to the large Beaufort
Sea subsistence hunting area associated
with the extremely wide distribution of
ringed seals; and (5) the barging, as
scheduled, will be completed prior to
beginning of the fall westward migration
of bowhead whales and the associated
subsistence activities by the local
whalers.
In order to further minimize any effect
of barge operations on the availability of
seals for subsistence, the tug boat
owners/operators will follow U.S. Coast
Guard rules and regulations near coastal
water, therefore avoiding hunters and
the locations of any seals being hunted
in the activity area, whenever possible.
While no impact is anticipated on the
availability of marine mammal species
and stocks for subsistence uses, FEX has
entered a CAA with the AEWC for any
of the barging activities that may occur
during the subsistence whaling period
from September 1 - October 15. The
FEX’s activities will comply with the
CAA prior to the autumn bowhead hunt
by the residents of Kaktovik (Barter
Island), Nuiqsut (Cross Island) and
Barrow Native villages. Ice, bad weather
conditions, and other possible
operational considerations may affect
the timing of the barge activity and may
require that some activities take place
beyond the scheduled target dates.
Mitigation and Monitoring
FEX proposes to mitigate any
potential negative impacts from its
barging operation by conforming with
the CAA with native whalers and
operations as per the Plan of Operations.
Other mitigation measures include use
of native subsistence advisor/marine
mammal observers trained by qualified
marine biologists and communications
with subsistence whaling activities so as
to avoid deflection or other disturbances
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to migrating mammals and subsistence
hunting activities.
During all tug/barging operations,
FEX will have on-board marine mammal
monitors throughout the transit. As part
of its application, FEX proposes to
conduct a visual monitoring program for
assessing impacts to marine mammals
during the barge transits. FEX proposes
to initiate a comprehensive training
program for all potential marine
mammal observers that includes
learning the identification and behavior
of all local species known to use the
areas where FEX will be operating. This
training would be conducted by
professional marine biologists and
experienced Native observers
participating in the monitoring program.
The observer protocol would be to scan
the area around vessels with binoculars
of sufficient power. Range finding
equipment will be supplied to observers
in order to better estimate distances.
Observers would collect data on the
presence, distribution, and behavior of
marine mammals relative to FEX
activities as well as climatic conditions
at the time of marine mammal sightings.
Observations would be made on a
nearly 24–hour basis.
Reporting
All monitoring data collected would
be reported to NMFS on a weekly basis.
FEX must provide a final report on 2006
activities to NMFS within 90 days of the
completion of the activity. This report
will provide dates and locations of all
barge movements and other operational
activities, weather conditions, dates and
locations of any activities related to
monitoring the effects on marine
mammals, and the methods, results, and
interpretation of all monitoring
activities, including numbers of each
species observed, location (distance) of
animals relative to the barges, direction
of movement of all individuals, and
description of any observed changes or
modifications in behavior.
ESA Consultation
The effects of oil and gas exploration
activities in the U.S. Beaufort Sea on
listed species, which includes barging
transportation activity, were analyzed as
part of a consultation on oil and gas
leasing and exploration activities in the
Beaufort Sea, Alaska, and authorization
of incidental takes under the MMPA. A
biological opinion on these activities
was issued on May 25, 2001. The only
species listed under the ESA that might
be affected during these activities are
bowhead whales. The effects of this
proposed IHA on bowhead whales will
be compared with the analysis
contained in the 2001 biological
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opinion. NMFS will determine whether
the effects of the proposed activity are
consistent with the findings of that
biological opinion, and, accordingly,
NMFS will decide whether an
Incidental Take Statement under section
7 of the ESA will be issued prior to
making a final determination of issuing
the IHA.
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National Environmental Policy Act
(NEPA)
On February 5, 1999 (64 FR 5789), the
Environmental Protection Agency (EPA)
noted the availability of a Final
Environmental Impact Statement (Final
EIS) prepared by the U.S. Army Corps
of Engineers under NEPA on Beaufort
Sea oil and gas development at
Northstar. NMFS was a cooperating
agency on the preparation of the Draft
and Final EISs, and subsequently, on
May 18, 2000, adopted the Corps’ Final
EIS as its own document. That Final EIS
described impacts to marine mammals
from Northstar construction activities,
which included vessel traffic similar to
the currently proposed action by FEX.
Because the barging activity discussed
in the Final EIS is not substantially
different from the proposed action by
FEX, and because no significant new
scientific information or analyses have
been developed in the past several years
significant enough to warrant new
NEPA documentation, no additional
NEPA analysis is required.
Preliminary Conclusions
NMFS has preliminarily determined
that the short-term impact of conducting
a barging operation between West Dock,
Prudhoe Bay and either Cape Simpson
or Point Lonely, in the U.S. Beaufort
and associated activities will result, at
worst, in a temporary modification in
behavior by certain species of whales
and pinnipeds. While behavioral
modifications may be made by these
species to avoid the resultant noise or
visual cues from the barging operation,
this behavioral change is expected to
have a negligible impact on the survival
and recruitment of marine mammal
stocks.
While the number of potential
incidental harassment takes will depend
on the year-to-year distribution and
abundance of marine mammals in the
area of operations, due to the
distribution and abundance of marine
mammals during the projected period of
activity and the location of the proposed
activity, the number of potential
harassment takings is estimated to be
small. In addition, no take by injury
and/or death is anticipated, and there is
no potential for temporary or permanent
hearing impairment as a result of the
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activities. No rookeries, mating grounds,
areas of concentrated feeding, or other
areas of special significance for marine
mammals occur within or near the barge
transit route.
The principal measures undertaken to
ensure that the barging operation will
not have an adverse impact on
subsistence activities are a CAA
between FEX, the AEWC and the
Whaling Captains Association; a Plan of
Cooperation; and an operation schedule
that avoids barging operations during
the traditional bowhead whaling season
as much as possible.
Proposed Authorization
NMFS proposes to issue an IHA for
the harassment of marine mammals
incidental to FEX conducting a barging
operation from West Dock Causeway,
Prudhoe Bay Alaska, through the U.S.
Beaufort Sea to either Cape Simpson or
Point Lonely. This proposed IHA is
contingent upon incorporation of the
previously mentioned mitigation,
monitoring, and reporting requirements.
NMFS has preliminarily determined
that the proposed activity would result
in the harassment of small numbers of
bowhead whales, beluga whales, ringed
seals, bearded seals and spotted seals;
would have no more than a negligible
impact on these marine mammal stocks;
and would not have an unmitigable
adverse impact on the availability of
marine mammal stocks for subsistence
uses.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed IHA and the
application for regulations request (see
ADDRESSES).
Dated: June 8, 2006.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–9215 Filed 6–12–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 060706E]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
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34067
SUMMARY: The Gulf of Mexico Fishery
Management Council will convene one
public meeting of the Ad Hoc Shrimp
Effort Working Group (SEWG).
DATES: The SEWG meeting will convene
at 9 a.m. on Wednesday June 28, 2006
and conclude no later than 3 p.m. on
Thursday, June 29, 2006.
ADDRESSES: The meeting will be held at
the National Marine Fisheries Service
Galveston Laboratory, Building 216,
4700 Avenue U, Galveston, TX;
telephone: (409) 766–3500.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Assane Diagne, Economist, telephone:
(813) 348–1630.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) will convene meetings of the
Ad Hoc Shrimp Effort Working Group
(SEWG) to begin evaluating shrimp
effort in the Exclusive Economic Zone
(EEZ) of the Gulf of Mexico. The
working group, appointed by the
Council during its March 2006, regular
meeting, is charged with providing the
Council with alternatives for
determining the appropriate level of
effort in the shrimp fishery in the EEZ.
The group also will discuss the level of
effort necessary to achieve optimum
yield in the shrimp fishery and what
level of effort would derive the
maximum benefits of that fishery. The
SEWG includes fishery biologists,
economists and others knowledgeable
about shrimp effort in the Gulf of
Mexico.
Although other non-emergency issues
not on the agenda may come before the
SEWG for discussion, in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), those issues
may not be the subject of formal action
during these meetings. Actions of the
SEWG will be restricted to those issues
specifically identified in the agenda and
any issues arising after publication of
this notice that require emergency
action under Section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take action to address the
emergency.
Copies of the agenda can be obtained
by calling (813) 348–1630.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Tina
Trezza at the Council (see ADDRESSES) at
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34064-34067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9215]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050406A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Movement of Barges through the Beaufort Sea between West Dock and Cape
Simpson or Point Lonely, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization; request for comments.
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SUMMARY: NMFS has received a request to authorize FEX L.P. (FEX), a
subsidiary of Talisman Energy, Inc. to take small numbers of marine
mammals by harassment incidental to conducting a barging operation
within the U.S. Beaufort Sea. Under the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to authorize FEX to
incidentally take, by harassment, small numbers of bowhead whales,
beluga whales, ringed seals, bearded seals, and spotted seals in the
above mentioned area between approximately July 1 and November 30,
2006.
DATES: Comments and information must be received no later than July
13, 2006.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, 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
[[Page 34065]]
contact listed here. The mailbox address for providing e-mail comments
is PR1.050406A@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/
pr/permits/incidental.htm. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at this address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext 137, or Brad Smith, Alaska Region,
NMFS, (907) 271-3023.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of 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 either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization shall 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 with respect to certain activities not pertinent here, the MMPA
defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny issuance of the authorization.
Summary of Request
On April 5, 2006, NMFS received an application from ASRC Energy
Services, Lynx Enterprises, Inc. (AES Lynx) on behalf of FEX for the
taking of several species of marine mammals incidental to the movement
of two tugs towing barges in the U.S. Beaufort Sea. Marine barges would
be transporting drilling rig(s), consumables, fuel, essential
construction equipment and supplies from the West Dock Causeway to Cape
Simpson or Point Lonely. Equipment would be staged and stored in
preparation for the upcoming winter on-shore oil and gas drilling and
testing season. Barges proposed for the marine lift from the West Dock
Causeway include but are not limited to: Crowley Marine Kavik River and
the Sag River (1,100 horsepower each) tugs, and Bowhead Stryker or
Garrett (two engines x 220 horsepower each) barges or comparable class
vessels. Additional barges and support vessels may be utilized as
available and needed. Barges would be moving at a speed at about 5 - 6
knots. From West Dock Causeway, it would take approximately 17.5 hours
one way for a barge to reach Point Lonely and 22 hours to Cape Simpson.
FEX plans to start barging activities in the early summer of 2006,
would make every effort to avoid periods of bowhead whale fall westward
migration and subsistence activities, and would complete the barging by
September 1, 2006. Ice, weather conditions, and other possible
operational considerations may affect the timing of the barge activity,
resulting in some activities taking place beyond the scheduled target
dates. If necessary, a late season barging effort may be required after
September 1, 2006. FEX has entered a Conflict Avoidance Agreement (CAA)
with the Alaska Eskimo Whaling Commission (AEWC) to obtain approvals
from AEWC if barging activities occur during the September 1 - October
15 subsistence whaling period. Operations to support winter on-shore
drilling operations may include a winter trail on landfast sea ice. FEX
has determined that this operation will not result in incidental takes
of marine mammals.
Description of Marine Mammals Affected by the Activity
The Beaufort Sea supports many marine mammals under NMFS
jurisdiction, including Western Arctic bowhead whales (Balaena
mysticetus), Beaufort Sea stock of beluga whales (Delphinapterus
leucas), ringed seals (Phoca hispida), bearded seals (Erignathus
barbatus) and spotted seals (Phoca largha). Only the bowhead whale is
listed as endangered under the Endangered Species Act (ESA) and
designated as ``depleted'' under the MMPA. The Western Arctic stock of
bowhead whales has the largest population size among all 5 stocks of
this species (Angliss and Lodge, 2004). A brief description of the
distribution, movement patterns, and current status of these species
can be found in the FEX application. More detailed descriptions can be
found in NMFS Stock Assessment Reports (SARs). Please refer to those
documents for more information on these species. The SARs can be
downloaded electronically from: https://www.nmfs.noaa.gov/pr/sars/
species.htm. The FEX application is also available on-line (see
ADDRESSES).
Potential Effects of Tug/Barge Operations and Associated Activities on
Marine Mammals
Level B harassment of marine mammals may result from the noise
generated by the operation of towing vessels during barge movement. The
physical presence of the tugs and barges could also lead to disturbance
of marine mammals by visual or other cues. The potential for collisions
between vessels and whales will be essentially zero due to the slow tow
speed (5 - 6 knots) and visual monitoring by on-board marine mammal
observers.
Marine mammal species with the highest likelihood of being harassed
during the tug and barge movements are: beluga whales, ringed seals,
and bearded seals.
Bowhead whales are not expected to be encountered in more than very
small numbers during the planned period of time for the tug/barge
movement because the most of them will be on their summer feeding
grounds in the eastern Beaufort Sea and Amundsen Gulf of the Canadian
waters (Fraker and Bockstoce, 1980; Shelden and Rugh, 1995). A few
transitory whales may be encountered during the transits. Beluga whales
occur in the Beaufort Sea during the summer, but are expected to be
[[Page 34066]]
found near the pack ice edge north of the proposed movement route.
Depending on seasonal ice conditions, it is possible that belugas may
be encountered during the transits.
Based on past surveys, ringed seals should represent the vast
majority of marine mammals encountered during the transits. Ringed
seals are expected to be present all along the tug/barge transit
routes. There is the possibility that bearded and spotted seals would
also be taken by Level B harassment during transit. Spotted seals may
be present in the West Dock/Prudhoe Bay area, but it is likely that
they may be closer to shore and, therefore, are not expected to be
harassed during transit phase.
Numbers of Marine Mammals Expected to Be Taken
The number of marine mammals that may be taken as a result of the
tug/barging operation is unpredictable. Operations are scheduled to
occur prior to the westward migration and associated subsistence
bowhead whale hunts to purposely avoid any take of this species. Noise
disturbance from vessels might qualify as harassment to marine mammals,
but previous surveys have indicated little behavioral reaction from
these animals to slow-moving vessels.
Effects on Subsistence Needs
Residents of the village of Barrow are the primary subsistence
users in the activity area. The subsistence harvest during winter and
spring is primarily ringed seals, but during the open-water period both
ringed and bearded seals are taken. Barrow hunters may hunt year round;
however in more recent years most of the harvest has been in the summer
during open water instead of the more difficult hunting of seals at
holes and lairs (McLaren 1958, Nelson 1969). The Barrow fall bowhead
whaling grounds, in some years, includes the Cape Simpson and Point
Lonely areas (e.g. the 1990 season, when a large aggregation of feeding
bowheads were pursued by Barrow hunters).
The most important area for Nuiqsut hunters is off the Colville
River Delta in Harrison Bay, between Fish Creek and Pingok Island
(149[deg] 40' W). Seal hunting occurs in this area by snow machine
before spring break-up and by boat during summer. Subsistence patterns
are reflected in harvest data collected in 1992 where Nuiqsut hunters
harvested 22 of 24 ringed seals and all 16 bearded seals during the
open water season from July to October (Fuller and George, 1997).
Harvest data for 1994 and 1995 show 17 of 23 ringed seals were taken
from June to August, while there was no record of bearded seals being
harvested during these years (Brower and Opie, 1997).
Due to the transient and temporary nature of the barge operation,
impacts upon these seals are not expected to have an unmitigable
adverse impact on subsistence uses of ringed and bearded seals because:
(1) Transient operations would temporarily displace relatively few
seals; (2) displaced seals would likely move only a short distance and
remain in the area for potential harvest by native hunters; (3) studies
at the Northstar development found no evidence of the development
activities affecting the availability of seals for subsistence hunters;
however, the Northstar vicinity is outside the areas used by
subsistence hunters (Williams and Moulton, 2001); (4) the area where
barge operations would be conducted is small compared to the large
Beaufort Sea subsistence hunting area associated with the extremely
wide distribution of ringed seals; and (5) the barging, as scheduled,
will be completed prior to beginning of the fall westward migration of
bowhead whales and the associated subsistence activities by the local
whalers.
In order to further minimize any effect of barge operations on the
availability of seals for subsistence, the tug boat owners/operators
will follow U.S. Coast Guard rules and regulations near coastal water,
therefore avoiding hunters and the locations of any seals being hunted
in the activity area, whenever possible.
While no impact is anticipated on the availability of marine mammal
species and stocks for subsistence uses, FEX has entered a CAA with the
AEWC for any of the barging activities that may occur during the
subsistence whaling period from September 1 - October 15. The FEX's
activities will comply with the CAA prior to the autumn bowhead hunt by
the residents of Kaktovik (Barter Island), Nuiqsut (Cross Island) and
Barrow Native villages. Ice, bad weather conditions, and other possible
operational considerations may affect the timing of the barge activity
and may require that some activities take place beyond the scheduled
target dates.
Mitigation and Monitoring
FEX proposes to mitigate any potential negative impacts from its
barging operation by conforming with the CAA with native whalers and
operations as per the Plan of Operations. Other mitigation measures
include use of native subsistence advisor/marine mammal observers
trained by qualified marine biologists and communications with
subsistence whaling activities so as to avoid deflection or other
disturbances to migrating mammals and subsistence hunting activities.
During all tug/barging operations, FEX will have on-board marine
mammal monitors throughout the transit. As part of its application, FEX
proposes to conduct a visual monitoring program for assessing impacts
to marine mammals during the barge transits. FEX proposes to initiate a
comprehensive training program for all potential marine mammal
observers that includes learning the identification and behavior of all
local species known to use the areas where FEX will be operating. This
training would be conducted by professional marine biologists and
experienced Native observers participating in the monitoring program.
The observer protocol would be to scan the area around vessels with
binoculars of sufficient power. Range finding equipment will be
supplied to observers in order to better estimate distances. Observers
would collect data on the presence, distribution, and behavior of
marine mammals relative to FEX activities as well as climatic
conditions at the time of marine mammal sightings. Observations would
be made on a nearly 24-hour basis.
Reporting
All monitoring data collected would be reported to NMFS on a weekly
basis. FEX must provide a final report on 2006 activities to NMFS
within 90 days of the completion of the activity. This report will
provide dates and locations of all barge movements and other
operational activities, weather conditions, dates and locations of any
activities related to monitoring the effects on marine mammals, and the
methods, results, and interpretation of all monitoring activities,
including numbers of each species observed, location (distance) of
animals relative to the barges, direction of movement of all
individuals, and description of any observed changes or modifications
in behavior.
ESA Consultation
The effects of oil and gas exploration activities in the U.S.
Beaufort Sea on listed species, which includes barging transportation
activity, were analyzed as part of a consultation on oil and gas
leasing and exploration activities in the Beaufort Sea, Alaska, and
authorization of incidental takes under the MMPA. A biological opinion
on these activities was issued on May 25, 2001. The only species listed
under the ESA that might be affected during these activities are
bowhead whales. The effects of this proposed IHA on bowhead whales will
be compared with the analysis contained in the 2001 biological
[[Page 34067]]
opinion. NMFS will determine whether the effects of the proposed
activity are consistent with the findings of that biological opinion,
and, accordingly, NMFS will decide whether an Incidental Take Statement
under section 7 of the ESA will be issued prior to making a final
determination of issuing the IHA.
National Environmental Policy Act (NEPA)
On February 5, 1999 (64 FR 5789), the Environmental Protection
Agency (EPA) noted the availability of a Final Environmental Impact
Statement (Final EIS) prepared by the U.S. Army Corps of Engineers
under NEPA on Beaufort Sea oil and gas development at Northstar. NMFS
was a cooperating agency on the preparation of the Draft and Final
EISs, and subsequently, on May 18, 2000, adopted the Corps' Final EIS
as its own document. That Final EIS described impacts to marine mammals
from Northstar construction activities, which included vessel traffic
similar to the currently proposed action by FEX. Because the barging
activity discussed in the Final EIS is not substantially different from
the proposed action by FEX, and because no significant new scientific
information or analyses have been developed in the past several years
significant enough to warrant new NEPA documentation, no additional
NEPA analysis is required.
Preliminary Conclusions
NMFS has preliminarily determined that the short-term impact of
conducting a barging operation between West Dock, Prudhoe Bay and
either Cape Simpson or Point Lonely, in the U.S. Beaufort and
associated activities will result, at worst, in a temporary
modification in behavior by certain species of whales and pinnipeds.
While behavioral modifications may be made by these species to avoid
the resultant noise or visual cues from the barging operation, this
behavioral change is expected to have a negligible impact on the
survival and recruitment of marine mammal stocks.
While the number of potential incidental harassment takes will
depend on the year-to-year distribution and abundance of marine mammals
in the area of operations, due to the distribution and abundance of
marine mammals during the projected period of activity and the location
of the proposed activity, the number of potential harassment takings is
estimated to be small. In addition, no take by injury and/or death is
anticipated, and there is no potential for temporary or permanent
hearing impairment as a result of the activities. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near the barge transit
route.
The principal measures undertaken to ensure that the barging
operation will not have an adverse impact on subsistence activities are
a CAA between FEX, the AEWC and the Whaling Captains Association; a
Plan of Cooperation; and an operation schedule that avoids barging
operations during the traditional bowhead whaling season as much as
possible.
Proposed Authorization
NMFS proposes to issue an IHA for the harassment of marine mammals
incidental to FEX conducting a barging operation from West Dock
Causeway, Prudhoe Bay Alaska, through the U.S. Beaufort Sea to either
Cape Simpson or Point Lonely. This proposed IHA is contingent upon
incorporation of the previously mentioned mitigation, monitoring, and
reporting requirements. NMFS has preliminarily determined that the
proposed activity would result in the harassment of small numbers of
bowhead whales, beluga whales, ringed seals, bearded seals and spotted
seals; would have no more than a negligible impact on these marine
mammal stocks; and would not have an unmitigable adverse impact on the
availability of marine mammal stocks for subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this proposed IHA and the application for regulations
request (see ADDRESSES).
Dated: June 8, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-9215 Filed 6-12-06; 8:45 am]
BILLING CODE 3510-22-S
