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, 43715-43718 [E6-12476]
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
Dated: July 26, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–12470 Filed 8–1–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 072706C]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of an
application for an exempted fishing
permit; request for comments.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: NMFS announces the receipt
of an application for an exempted
fishing permit (EFP) from Scott Baker on
behalf of the North Carolina Sea Grant
Extension Program. If granted, the EFP
would authorize the applicant, with
certain conditions, to collect limited
numbers of black sea bass in South
Atlantic Federal waters off the coast of
North Carolina. The purpose of the
study is to quantify fish size selectivity
by sea bass pot type and determine
regulatory discard mortality rates.
DATES: Comments must be received no
later than 5 p.m., eastern standard time,
on September 18, 2006.
ADDRESSES: Comments on the
application may be sent via fax to 727–
824–5308 or mailed to: Mark Sramek,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701. Comments may also be
submitted by E-mail. The mailbox
address for providing E-mail comments
is Black.Sea.Bass@noaa.gov. Include in
the subject line of the E-mail document
the following text: Comment on NC Sea
Grant EFP Application. The application
and related documents are available for
review upon written request to the
address above or the E-mail address
below.
FOR FURTHER INFORMATION CONTACT:
Mark Sramek, 727–824–5311; fax 727–
824–5308; E-mail:
Mark.Sramek@noaa.gov.
SUPPLEMENTARY INFORMATION: The EFP is
requested under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), and regulations at
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50 CFR 600.745(b) concerning exempted
fishing.
According to the applicant, the North
Carolina Sea Grant Extension Program
receives federal funding through the
National Sea Grant College Program, as
well as state appropriations. Through
research, education and outreach
programs, North Carolina Sea Grant
works with individuals, groups,
government agencies and businesses to
develop an understanding of the state’s
coastal environment and promote the
sustainable use of marine resources.
The proposed collection for scientific
research involves activities otherwise
prohibited by regulations implementing
the Fishery Management Plan for the
Snapper-Grouper Fisheries of the South
Atlantic Region (FMP).
The applicant requires authorization
to harvest and possess black sea bass for
scientific research activities during the
period from October 1, 2006, through
March 31, 2007. Specimens would be
collected from Federal waters off the
coast of North Carolina during the
specified sampling period. Fish would
be captured using standard and
experimental modification designs to
Council-approved sea bass pots used for
the harvest of black sea bass in the
South Atlantic region.
Three types of sea bass pots would be
employed during the study: One
standard-type pot constructed of 1.5–
inch (3.8–cm) mesh with a 2–inch (5.1–
cm) mesh back panel; a second,
experimental-type pot constructed
entirely of 2–inch mesh (5.1–cm) (both
pot types are currently approved by the
South Atlantic Fishery Management
Council (Council) for commercial
fishing for black sea bass); the third,
control-type pot constructed entirely of
1.5–inch (3.8–cm) mesh with no escape
vents. The purpose of the control-type
pot is to provide an indication of the
number and range of size classes of
black sea bass present at each sample
location. To avoid continued fishing
activity and subsequent fish mortality in
the event of lost pots, all three pot types
will include a wire panel affixed with
degradable fasteners. Control-type pots,
as outlined above, will only be
employed as part of this study and will
not be utilized during normal
commercial fishing operations. The
study will employ a randomized fishing
location design, or block, of three sea
bass pots per block (one control-type, an
experimental-type, and standard-type
pots) within 10 blocks per trip.
Individual pots will be randomly placed
approximately 10 to 30 meters apart
within each block; a total of 13 sampling
trips will be performed from October 1,
2006, through March 31, 2007. All
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captured fish will be identified by
species, measured, and released if
undersized. Prior to release, the
presence of barotraumatic effects on
black sea bass will be recorded. No
undersized fish will be retained in this
study.
NMFS finds that this application
warrants further consideration. Based
on a preliminary review, NMFS intends
to issue an EFP. Possible conditions the
agency may impose on this permit, if it
is indeed granted, include but are not
limited to: Reduction in the number of
sea bass pots to be employed;
restrictions on the placement of sea bass
pots; prohibition of the harvest of any
fish with visible external tags; and
specification of locations, dates, and/or
seasons allowed for collection of
particular fish species. A final decision
on issuance of the EFP will depend on
a NMFS review of public comments
received on the application,
consultations with the affected states,
the Council, and the U.S. Coast Guard,
and a determination that it is consistent
with all applicable laws. The applicant
requests a 6-month effective period for
the EFP.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 28, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–12411 Filed 8–1–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 071906A]
Small Takes of Marine Mammals
Incidental to Specified Activities;
Movement of Barges through the
Beaufort Sea between West Dock and
Cape Simpson or Point Lonely, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
AGENCY:
SUMMARY: In accordance with
regulations implementing 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 a
barging operation within the U.S.
Beaufort Sea has been issued to FEX
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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L.P. (FEX), a subsidiary of Talisman
Energy, Inc., for a period of 1 year.
DATES: Effective from August 8, 2006
through August 7, 2007.
ADDRESSES: The authorization and
application containing a list of the
references used in this document may
be obtained by writing 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 contact listed here. The
application 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:
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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 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 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
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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.
Comments and Responses
A notice of receipt and request for 30–
day public comment on the application
and proposed authorization was
published on June 13, 2006 (71 FR
34064). During the 30–day public
comment period, NMFS received
comments from the Marine Mammal
Commission (the Commission). The
Commission recommends issuance of
the IHA provided that
(1) All reasonable measures be taken
to ensure the least practicable impact on
the subject species, and
(2) The required mitigation and
monitoring activities (i.e., the use of
native advisors, the comprehensive
training of all marine mammal
observers, and on-board monitoring
throughout the transit operations) are
carried out as described in NMFS’ June
13, 2006, Federal Register notice (71 FR
34064) and the application.
NMFS agrees with the Commission’s
recommendation and has incorporated
these mitigation and monitoring
measures in the IHA.
In its comments, the Commission
noted that, although similar activities
occur regularly in the areas occupied by
marine mammals, not all organizations
involved in those activities make an
effort to obtain proper authorization.
The Commission commends FEX and
Talisman Energy, Inc., for seeking an
authorization. In addition, the
Commission commends the companies
for discussing the proposed activities
with Alaska native groups whose
subsistence use of marine mammals
could be affected.
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,
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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).
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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
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.
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However, due to the small size of the
area that the barging activities will
cover, it is expected that only small
numbers of marine mammals would be
affected. 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
record of bearded seals being harvested
during these years (Brower and Opie,
1997).
Due to the transient and temporary
nature of the barge operation, the
harassment of these seals is not
expected to have an unmitigable adverse
impact on the availability of ringed and
bearded seals for subsistence uses
because: (1) Transient operations would
temporarily displace relatively few
seals; (2) displaced seals would likely
move only a short distance and remain
in the area for potential harvest by
native hunters; (3) studies at the
Northstar development found no
evidence of the development activities
affecting the availability of seals for
subsistence hunters (however, the
Northstar vicinity is outside the areas
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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 will 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
proposed in its application, FEX will
conduct a visual monitoring program for
assessing impacts to marine mammals
during the barge transits. FEX will
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.
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The observer protocol will 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 will 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.
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ESA Consultation
The effects of oil and gas exploration
activities in the U.S. Beaufort Sea on
listed species, which includes the
proposed activity, were analyzed as part
of a consultation on oil and gas leasing
and exploration activities in the
Beaufort Sea, Alaska, and authorization
of 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 IHA
on bowhead whales has been compared
with the analysis contained in the 2001
biological opinion. NMFS has
determined that the effects of the
current activity are consistent with the
findings of that biological opinion, and,
accordingly, NMFS has issued an
Incidental Take Statement under section
7 of the ESA.
National Environmental Policy Act
(NEPA)
On February 5, 1999 (64 FR 5789), the
Environmental Protection Agency (EPA)
noted the availability of a Final
Environmental Impact Statement (Final
EIS) prepared by the U.S. Army Corps
of Engineers under NEPA on Beaufort
Sea oil and gas development at
Northstar. NMFS was a cooperating
agency on the preparation of the Draft
and Final EISs, and subsequently, on
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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.
Conclusions
NMFS has determined that the impact
of conducting a short-term barging
operation between West Dock, Prudhoe
Bay and 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 annual rate of 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
relocation route.
The principal measures undertaken to
ensure that the barging operation will
not have an unmitigable adverse impact
on subsistence activities is a CAA
between FEX, the AEWC and the
Whaling Captains Association, a Plan of
Cooperation, and an operation schedule
that will not permit barging operations
during the traditional bowhead whaling
season.
Determinations
NMFS has issued an IHA for the
harassment of marine mammals
incidental to FEX conducting a barging
operation from West Dock, Prudhoe Bay
Alaska, through the U.S. Beaufort Sea to
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Cape Simpson or Point Lonely. This
IHA is contingent upon incorporation of
the previously mentioned mitigation,
monitoring, and reporting requirements.
NMFS has determined that this activity
would result in the harassment of small
numbers of bowhead whales, beluga
whales, ringed seals, bearded seals and
spotted seals; would have 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.
Authorization
NMFS has issued an IHA to FEX L.P.
to take small numbers of marine
mammals incidental to conducting a
barging operation within the U.S.
Beaufort Sea, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: July 28, 2006.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–12476 Filed 8–1–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF DEFENSE
Department of the Army
Availability of the Record of Decision
for the Construction and the Operation
of a Battle Area Complex and a
Combined Arms Collective Training
Facility Within U.S. Army Training
Lands in Alaska
Department of the Army, DoD.
Notice.
AGENCY:
ACTION:
SUMMARY: The Army announces the
availability of its Record of Decision
(ROD) for the construction and
operation of a Battle Area Complex
(BAX) and a Combined Arms Collective
Training Facility (CACTF) within U.S.
Army training lands in Alaska, and the
execution of routine, joint military
training at these locations. Or June 14,
2006, the Army published a notice of
availability of its Final Environmental
Impact Statement (EIS) that considered
the environmental consequences of the
proposed action and alternatives. The
ROD was signed in July 2006 and was
prepared pursuant to the National
Environmental Policy Act (NEPA). The
ROD explains and finalizes the Army’s
decision to proceed with construction
and operation of the BAX and CACTF
at Eddy Drop Zone. This decision was
based on the analysis described in the
Final EIS, supporting studies, and
comments provided during formal
comment and review periods.
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43715-43718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 071906A]
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 issuance of an incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing 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 a barging
operation within the U.S. Beaufort Sea has been issued to FEX
[[Page 43716]]
L.P. (FEX), a subsidiary of Talisman Energy, Inc., for a period of 1
year.
DATES: Effective from August 8, 2006 through August 7, 2007.
ADDRESSES: The authorization and application containing a list of the
references used in this document may be obtained by writing 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
contact listed here. The application 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 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.
Comments and Responses
A notice of receipt and request for 30-day public comment on the
application and proposed authorization was published on June 13, 2006
(71 FR 34064). During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission (the Commission). The
Commission recommends issuance of the IHA provided that
(1) All reasonable measures be taken to ensure the least
practicable impact on the subject species, and
(2) The required mitigation and monitoring activities (i.e., the
use of native advisors, the comprehensive training of all marine mammal
observers, and on-board monitoring throughout the transit operations)
are carried out as described in NMFS' June 13, 2006, Federal Register
notice (71 FR 34064) and the application.
NMFS agrees with the Commission's recommendation and has
incorporated these mitigation and monitoring measures in the IHA.
In its comments, the Commission noted that, although similar
activities occur regularly in the areas occupied by marine mammals, not
all organizations involved in those activities make an effort to obtain
proper authorization. The Commission commends FEX and Talisman Energy,
Inc., for seeking an authorization. In addition, the Commission
commends the companies for discussing the proposed activities with
Alaska native groups whose subsistence use of marine mammals could be
affected.
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,
[[Page 43717]]
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
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. However, due to the small size
of the area that the barging activities will cover, it is expected that
only small numbers of marine mammals would be affected. 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,
the harassment of these seals is not expected to have an unmitigable
adverse impact on the availability of ringed and bearded seals for
subsistence uses 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 will 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 proposed in its application,
FEX will conduct a visual monitoring program for assessing impacts to
marine mammals during the barge transits. FEX will 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.
[[Page 43718]]
The observer protocol will 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 will 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 the proposed activity,
were analyzed as part of a consultation on oil and gas leasing and
exploration activities in the Beaufort Sea, Alaska, and authorization
of 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 IHA on bowhead whales has been compared
with the analysis contained in the 2001 biological opinion. NMFS has
determined that the effects of the current activity are consistent with
the findings of that biological opinion, and, accordingly, NMFS has
issued an Incidental Take Statement under section 7 of the ESA.
National Environmental Policy Act (NEPA)
On February 5, 1999 (64 FR 5789), the Environmental Protection
Agency (EPA) noted the availability of a Final Environmental Impact
Statement (Final EIS) prepared by the U.S. Army Corps of Engineers
under NEPA on Beaufort Sea oil and gas development at Northstar. NMFS
was a cooperating agency on the preparation of the Draft and Final
EISs, and subsequently, on May 18, 2000, adopted the Corps' Final EIS
as its own document. That Final EIS described impacts to marine mammals
from Northstar construction activities, which included vessel traffic
similar to the currently proposed action by FEX. 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.
Conclusions
NMFS has determined that the impact of conducting a short-term
barging operation between West Dock, Prudhoe Bay and 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 annual rate of 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 relocation
route.
The principal measures undertaken to ensure that the barging
operation will not have an unmitigable adverse impact on subsistence
activities is a CAA between FEX, the AEWC and the Whaling Captains
Association, a Plan of Cooperation, and an operation schedule that will
not permit barging operations during the traditional bowhead whaling
season.
Determinations
NMFS has issued an IHA for the harassment of marine mammals
incidental to FEX conducting a barging operation from West Dock,
Prudhoe Bay Alaska, through the U.S. Beaufort Sea to Cape Simpson or
Point Lonely. This IHA is contingent upon incorporation of the
previously mentioned mitigation, monitoring, and reporting
requirements. NMFS has determined that this activity would result in
the harassment of small numbers of bowhead whales, beluga whales,
ringed seals, bearded seals and spotted seals; would have 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.
Authorization
NMFS has issued an IHA to FEX L.P. to take small numbers of marine
mammals incidental to conducting a barging operation within the U.S.
Beaufort Sea, provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated.
Dated: July 28, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-12476 Filed 8-1-06; 8:45 am]
BILLING CODE 3510-22-S
