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, 45740-45744 [E7-16011]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Notices]
[Pages 45740-45744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16011]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB57


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 L.P. 
(FEX) for a period of 1 year.

DATES:  Effective from August 9, 2007 through August 8, 2008.

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 the authorization.

Summary of Request

    On April 26, 2007, NMFS received an application from FEX to take 
several species of marine mammals incidental to the movement of two 
tugs towing barges in the U.S. Beaufort Sea. Marine barges would be 
used to either resupply or demobilize from their ongoing drilling 
activities on the Northwest National Petroleum Reserve-Alaska Oil and 
Gas Leases. For a resupply operation, consumables, fuel, and essential 
pad construction equipment would be marine lifted from West Dock 
(Prudhoe Bay) to the Cape Simpson operational staging area, where it 
would be stored in preparation of the 2007-2008 winter exploration 
season. A detailed description of the barging activities is provided in 
the June 7, 2007, Federal Register notice (72 FR 31550) and is not 
repeated here.

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), Eastern North Pacific gray whale (Eschrichius robustus), 
Beaufort Sea and Eastern Chuchi Sea stocks 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 Outlaw, 2007). 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/pdfs/sars/
ak2006.pdf. The FEX application is also available on-line (see 
ADDRESSES).

Comments and Responses

    A notice of receipt and request for 30-day public comment on the 
application and proposed authorization was published on June 7, 2007 
(72 FR 31550). During the 30-day public comment period, NMFS received 
comments from the Marine Mammal Commission (the Commission), the

[[Page 45741]]

North Slope Borough (NSB), and a private citizen.
    Comment 1: 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 7, 2007, Federal Register 
notice (72 FR 32550) and the application.
    Response: NMFS agrees with the Commission's recommendation and has 
incorporated these mitigation and monitoring measures in the IHA.
    In its comments, the Commission commends FEX for seeking 
authorization to take marine mammals incidental to the proposed 
activities and for consulting with Alaska Native groups whose 
subsistence use could be affected.
    Comment 2: A private citizen is concerned that barges may kill 
whales and recommends that barges only go out when the sea is calm and 
the vessels can be safely maneuvered to avoid hitting anything.
    Response: NMFS does not believe that these barges moving at a speed 
of 4--5 knots would cause any marine mammal strikes. In addition, 
marine mammal observers (MMOs) will be placed on each vessel for marine 
mammal monitoring during the barging activities. Therefore, as stated 
in this document, no Level A harassment or mortality will occur as a 
result of this barging activity in the U.S. Beaufort Sea.
    Comment 3: The NSB inquires about the number of barges that would 
be involved, and the number of trips that the barges would make.
    Response: As stated in the June 7, 2007, Federal Register notice 
(72 FR 31550), approximately 2 tugs and 2 barges would be involved in 
the proposed activity. There will be a total of up to 16 barge trips 
expected for the 2007 activity.
    Comment 4: The NSB states that it is unacceptable for estimates of 
potential harassment of marine mammals to be based on marine observer 
results from two previous years of data, especially when one of the two 
years encountered no marine mammals. The NSB further states that the 
lack of data for one of those years shows that the data has the 
potential to be extremely variable. Therefore, NSB recommends that the 
potential effects from the barging operations should be calculated in 
the same manner in which effects are calculated for seismic and 
drilling activities and sound radii should be determined from barges 
both under load and not under load, as well as from barges with 
propellers in different conditions. And that the estimated mammal 
densities should then be applied to these radii to estimate take.
    Response: As stated in the previous Federal Register notice (72 FR 
31550, June 7, 2007) the number of marine mammals that may be taken as 
a result of the tug/barging operation is unpredictable since there is a 
lack of abundance estimate data for these species within the transit 
route. Therefore, the marine mammal sighting data during the 2005 and 
2006 barging operations were used to proximate the estimated take, as 
stated in the June 7, 2007, Federal Register notice (72 FR 31550). NMFS 
considered this to be the best available data to be used in estimation 
of marine mammal takes. The NSB is mistaken when stating that one of 
the two years encountered no marine mammals. In fact, as described in 
the June 7, 2007 Federal Register notice (72 FR 31550), marine mammals 
were sighted during both 2005 and 2006 barging operations. Numbers and 
behavioral reaction of these marine mammals sighted in the 2005 and 
2006 barging operations were provided in detail in the previous Federal 
Register notice (FR 72 31550, June 7, 2007). Given that marine mammal 
abundance data is limited for the proposed project area, NMFS believes 
that using the sighting data from the previous barging activities, 
which occurred in the same area as the proposed action, is the best way 
to estimate numbers of Level B harassment of marine mammals that could 
be incidentally taken by barging activities.
    Comment 5: The NSB states that the statement made in the previous 
Federal Register notice (FR 72 31550, June 7, 2007) that studies at 
Northstar found no evidence of development activities affecting the 
availability of seals for subsistence hunters is misleading, because 
NMFS acknowledges that the Northstar vicinity is outside the areas used 
by subsistence hunters. The NSB states that there is little to no 
information available about the effects that the proposed barging would 
have on subsistence hunting.
    Response: The Northstar example in the previous Federal Register 
notice (FR 72 31550, June 7, 2007) is based on research in the vicinity 
of Northstar that long-term oil and gas activities did not show any 
significant impacts on the distribution and abundance of ringed seals 
(Williams et al., 2001; 2006). NMFS believes that such evidence is a 
good indication that the proposed barging operations, which would occur 
in a smaller scale for a much shorter period, would not have an 
unmitigable effect on subsistence uses of marine mammals. In addition, 
FEX and the Alaska Eskimo Whaling Commission (AEWC) signed the Conflict 
Avoidance Agreement (CAA) on June 11, 2007. FEX will continue to work 
with Alaskan Natives to ensure that the proposed barging operations 
would not have unmitigable impacts to subsistence use of marine mammal 
species and stocks.
    Comment 6: The NSB requests that FEX conduct sound signature tests 
(SSTs). The NSB states that last year's test indicated that pushing 
heavy barge loads produced greater sound levels than unloaded barges. 
The NSB states that they understand that FEX will not be loading the 
barges to full capacity, the information gleaned from tests of barges 
running at even half capacity would be valuable. The NSB further 
requests that SSTs should measure down to the 120 dB level. The NSB 
states that using a model to estimate the 120 dB level is not 
appropriate because last year the models underestimated distances by 2 
- 3 times.
    Response: FEX states that they met with representative of the NSB 
on June 21, 2007, and discussed the SST. FEX explained that while the 
report from JASCO Research noted that the barges were ``partially 
loaded,'' in fact they were fully loaded to meet the draft restrictions 
of getting into Cape Simpson. FEX states that the one time a vessel was 
listed as fully loaded, it was actually fully loaded by volume, not by 
weight. FEX further states that the reason for the noise increase was 
due to a damaged propellor.FEX states that it has discussed the SST 
with the NSB regarding the SST, and that some good data on vessel noise 
were collected in 2006 for the same barges that would be used for the 
proposed operations. NMFS agrees with FEX that since extensive acoustic 
measures were obtained from these barges a year earlier, there is no 
need to conduct additional measurement.

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

[[Page 45742]]

to the slow tow speed (approximately 5 knots) and visual monitoring by 
on-board MMOs.
    Marine mammal species with the highest likelihood of being harassed 
during the tug and barge movements are: beluga whales, ringed seals, 
spotted 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. 
Most summering gray whales congregate in the northern Bering Sea, 
particularly off St. Lawrence Island and in the Chirikov Basin (Moore 
et al., 2000), and in the southern Chukchi Sea. In August 2001, 
Williams and Coltrane (2002) reported a single sighting of a gray whale 
near the Northstar production facility, indicating that small numbers 
do travel through the waters offshore from the Prudhoe Bay region 
during some summers, however, given their rare occurrence in the 
eastern portion of the Beaufort Sea in summer, no more than a few are 
expected during the summer and early fall.
    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.

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 since there is a lack of 
abundance estimate data for these species within the transit route. 
However, based on prior barging activities in 2005 and 2006, it is 
expected that a small number of marine mammals could be exposed to 
barging noise levels at 120 dB re 1 microPa and above.
    Based on the fact that bowhead whales, gray whales, and beluga 
whales were all observed during the 2005 operations (although no 
cetaceans were observed during 2006), harassment of cetaceans is 
possible by the 2007 planned barging operations. Gray whales in 2005 
were observed near Pt. Barrow, outside the West Dock/Cape Simpson 
operating lane, during periods the vessels traveled to Elson Lagoon to 
avoid foul weather. No gray whales have been observed between West Dock 
and Cape Simpson, and are not expected to be encountered unless weather 
conditions dictate the safety need of the vessels anchoring at Elson 
Lagoon.
    Beluga distribution is difficult to predict. Sightings are always 
possible, especially if the pack ice is nearby.
    The barging travel route between West Dock and Cape Simpson 
approximately follows the 7.5-m (25-ft) isobath. This nearshore depth 
zone represents the southern edge of the bowhead fall migration route. 
Aerial surveys conducted by Treacy (2002) between 1982 and 2001 found 
bowheads migrating in water this shallow in only 5 of the 20 years of 
survey (25 percent). Thus, given the shallow water barging travel 
route, and the inter-annual differences in whale use of these waters, 
the number of whale sightings expected to be encountered might vary 
from 0 (as in 2006) to 9 (in 2005).
    Some of the whales observed in 2005 may have briefly occurred 
within the 120-dB sonification zone (l km or 0.62 mi radius), 
therefore, Level B harassment of bowhead whales is possible. However, 
given the shallow water travel route, the low whale use of this shallow 
water area, the presence of marine mammal observers onboard the barges 
to detect whales early and help direct the barge away from the whales, 
the relatively short distances to the 120-dB isopleths, especially for 
the half the time the vessel are traveling unloaded, and based on 
cetacean encountering rates during the 2005 barding activity, NMFS 
expects that at maximum 9 bowhead whales, 8 beluga whales, and 4 gray 
whales could be exposed to sound levels greater than 120 dB during the 
2007 barging season. These take numbers would represent approximately 
0.09 percent of the Western Arctic bowhead whales (population estimated 
at 10,545), 0.02 percent of the Beaufort Sea beluga whales (population 
estimated at 39,258) or 0.21 percent of the Eastern Chukchi Sea beluga 
(population estimated at 3,710), and 0.02 percent of the Eastern North 
Pacific gray whales (population estimated at 18,178).
    During the 2005 and 2006 barging season, 2,419 seals representing 
three species (ringed, spotted, and bearded seals) were recorded. 
Approximately 90 percent of these animals were ringed seals.
    In 2006, reactions were recorded for 1,020 of the ringed seal 
sightings. Of these, 48 percent (490) had no reaction, 37 percent (381) 
reacted mildly, and 15 percent (148) more strongly and showed startling 
behavior. The percentage of ringed seals that reacted strongly is very 
similar to the 17 percent recorded in 2005.
    Of the 23 spotted seal sightings for which reactions were recorded 
in the 2006 barging season, 30 percent (9) showed behavioral changes.
    Eighteen (24 percent) of the 75 unidentified phocids and 2 (7 
percent) of 28 bearded seals sighted showed behavioral reactions as a 
result of the 2006 barging activity.
    Based on the 2005 and 2006 barging activities, NMFS estimates that 
approximately 530 ringed seals, 10 spotted seals, 2 bearded seals, and 
9 unidentified phocids could be taken by Level B harassment as a result 
of the 2007 barging activity. These numbers represent less than 0.02, 
0.02, and 0.0008 percent of ringed, spotted, and bearded seals in the 
proposed barging route, respectively. The population estimates for 
these animals are approximately 249,000, 59,214, and 250,000-300,000 
for ringed, spotted, and bearded seals, respectively.

Effects on Subsistence Needs

    Barrow residents 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, takes in the Cape Simpson and Point Lonely areas.
    The most important area for Nuiqsut hunters is off the Colville 
River Delta in Harrison Bay, between Fish Creek and Pingok Island. 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

[[Page 45743]]

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 operations, 
impacts on 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 et al., 2001; 2006); and (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.
    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.
    The barging, as scheduled, would be completed before the westward 
migration of bowhead whales in the fall and the associated subsistence 
activities by the local whalers. Finally, the travel route occurs west 
of Cross Island (Nuiqsut fall bowhead camp) and east of Barrow, 
therefore it does not pass by any of the whaling base camps.
    In addition, FEX and the AEWC signed the CAA on June 11, 2007. FEX 
will continue to maintain interactive dialogue to resolve conflicts and 
to notify communities of any changes in the operations.

Mitigation, Monitoring, and Reporting

    As in 2005 and 2006, FEX will conduct a marine mammal monitoring 
program as part of the 2007 program. This program will place an MMO 
onboard each vessel to conduct continuous monitoring for marine 
mammals. The MMOs will be trained by a qualified marine mammal 
biologist and be approved by NMFS.
    The observers will scan the area around tug/barge with 7 x 50 
reticule binoculars during the daylight hours, and document the 
presence, distribution, behavior, and reaction of marine mammals 
sighted from project-associated vessels. The primary purpose of the 
marine mammal monitoring program is to monitor the reaction of marine 
mammals to the presence of the vessels, and to detect early any whales 
occurring in the barge path thereby allowing the vessel captain time to 
avoid a close approach to the animals.
    Reports for each roundtrip will be prepared and provided to NMFS 
and AEWC at the end of each trip. If a coordination center is opened by 
other North Slope operators and operated during FEX's monitoring 
operations, marine mammals trip sighting reports will be provided to 
that location.
    A report documenting and analyzing any harassment or other 
``takes'' of marine mammals that occur as part of this monitoring 
program will be provided to NMFS within 90 days of completion of the 
monitoring activities. Copies will be provided to other qualified 
interested parties. 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 in 2001, and updated in 2006. 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 2006 
biological opinion. NMFS has determined that the effects of the current 
activity is not likely to jeopardize the existence of ESA-listed marine 
mammal species, and are consistent with the findings of that biological 
opinion. 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. No additional NEPA 
analysis is required for the following reasons: (1) The barging 
activity discussed in the Final EIS is not substantially different from 
the proposed action by FEX; and (2) no significant new scientific 
information had been identified that alters the affected environment.

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 a small 
number of 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. 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 and the AEWC, 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, gray

[[Page 45744]]

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.

    Dated: August 9, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-16011 Filed 8-14-07; 8:45 am]
BILLING CODE 3510-22-S