Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. Beaufort Sea, 3347-3348 [2014-00997]

Download as PDF Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices Notice is hereby given that a permit has been issued to Bruce R. Mate, Ph.D., Hatfield Marine Science Center, Oregon State University, Newport, OR 97365 to conduct research on 78 species of marine mammals for scientific research. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following offices: See SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Kristy Beard, (301) 427–8401. SUPPLEMENTARY INFORMATION: On June 1, 2012, notice was published in the Federal Register (77 FR 32571) that a request for a permit to conduct research on marine mammals had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.). Dr. Mate has been issued a permit that authorizes the take of 66 species of cetaceans and 12 species of pinnipeds in U.S. and international waters worldwide. The purposes of the research are to: (1) Identify migration routes; (2) identify specific feeding and breeding grounds for each species; (3) characterize local movements and dive habits in both feeding and breeding grounds, and during migration; (4) examine the relationships between movements/dive habits and prey distribution, time of day, geographic location, or physical and biological oceanographic conditions; (5) characterize whale vocalizations; and (6) characterize sound pressure levels to which whales are exposed. Researchers are authorized to conduct aerial and vessel surveys to perform a suite of research activities including: observations, biopsy sampling, implantable and suction-cup tagging, photo-identification, behavioral observation, passive acoustic recording, post-tag monitoring, and/or import, receive or export parts. Sixteen threatened or endangered marine mammals may be targeted for research or incidentally harassed during surveys. The request to attach implantable tags to minke (Balaenoptera acutorostrata) and tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:42 Jan 17, 2014 Jkt 232001 killer whales (Orcinus orca) was denied. The permit expires December 31, 2018. An environmental assessment (EA) was prepared analyzing the effects of the permitted activities on the human environment in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Based on the analyses in the EA, NMFS determined that issuance of the permit would not significantly impact the quality of the human environment and that preparation of an environmental impact statement was not required. That determination is documented in a Finding of No Significant Impact, signed on December 16, 2013. As required by the ESA, issuance of this permit was based on a finding that such permit: (1) Was applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Documents may be reviewed in the following locations: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907) 586–7221; fax (907) 586–7249; West Coast Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562) 980–4005; fax (562) 980–4027; Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814–4700; phone (808) 944–2200; fax (808) 973–2941; Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930; phone (978) 281–9328; fax (978) 281– 9394; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727) 824–5312; fax (727) 824–5309. Dated: January 15, 2014. P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–01023 Filed 1–17–14; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 3347 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD067 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. Beaufort Sea National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of a Letter of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to BP Exploration (Alaska) Inc. (BP) to take marine mammals, by harassment, incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea, Alaska. DATES: Effective from January 13, 2014, through January 14, 2019. ADDRESSES: The LOA and supporting documentation may be obtained by writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East West Highway, Silver Spring, MD 20910, calling the contact listed under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours at the above address. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 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 regulations are issued. Under the MMPA, the term ‘‘take’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture, or kill any marine mammal. Authorization for incidental takings may be granted for periods up to 5 E:\FR\FM\21JAN1.SGM 21JAN1 tkelley on DSK3SPTVN1PROD with NOTICES 3348 Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices years, after notification and opportunity for public comment, 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 (where relevant), and if 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.’’ Regulations governing the take of six species of marine mammals, by Level B harassment, and the take of one species by Level A harassment, serious injury, or mortality incidental to operation of the Northstar development in the Beaufort Sea, Alaska, were issued on December 12, 2013 (78 FR 75488). These regulations are effective from January 13, 2014, through January 14, 2019 (78 FR 75488, December 12, 2013). The species which are authorized for taking by Level B harassment are: Bowhead, gray, and beluga whales and ringed, bearded, and spotted seals. BP is also authorized to take five individual ringed seals by injury or mortality annually over the course of the 5-year rule. For detailed information on this action, please refer to the final rule (78 FR 75488, December 12, 2013). These regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during operation and maintenance activities at the BP Northstar development facility. This LOA is effective from January 13, 2014, through January 14, 2019, and authorizes the incidental take of the six marine mammal species listed above that may result from operations, including maintenance activities, at the BP Northstar development in the U.S. Beaufort Sea. Potential effects of BP’s operation of the Norsthar development involve both acoustic and non-acoustic effects. Potential non-acoustic effects could result from the physical presence of personnel, structures and equipment, construction or maintenance activities, and the occurrence of oil spills. Ice road construction may also impact ringed seals. A major oil spill is unlikely. Potential acoustic effects could result from island construction, maintenance, and drilling, as well as vehicles operating on the ice, vessels, aircraft, generators, production machinery, gas flaring, and camp operations. Marine VerDate Mar<15>2010 16:42 Jan 17, 2014 Jkt 232001 mammals may experience masking and behavioral disturbance. Take of marine mammals will be minimized through the implementation of the following mitigation measures: (1) Surveying with specially-trained dogs if any ice road or construction activities occur after March 1 in previously undisturbed areas in waters deeper than 10 ft (3 m) in order to identify and avoid ringed seal structures by a minimum of 492 ft (150 m); (2) scheduling all nonessential boat, hovercraft, barge, and air traffic to avoid periods when whales (especially bowhead whales) are migrating through the area; (3) maintaining a minimum altitude of 1,000 ft (305 m) and specific corridor from Seal Island to the mainland for all helicopter flights, except when limited by weather or personnel safety or during takeoffs and landings; (4) establishing exclusion zones for cetaceans and pinnipeds of 180 and 190 dB re 1 mPa (rms), respectively, when impact pile driving activities will occur; (5) shutting down impact pile driving activities if marine mammals enter the applicable exclusion zones; and (6) no new drilling into oil-bearing strata during either open-water or spring-time broken ice conditions. In addition to these mitigation measures, BP has an oil spill prevention and contingency plan in place, which was developed and approved by the Alaska Department of Environmental Conservation, U.S. Department of Transportation, U.S. Coast Guard, and the former Minerals Management Service. Additionally, the rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. Through this LOA, BP is required to monitor for marine mammals using both visual observers and passive acoustic monitoring systems. BP is required to submit an annual report to NMFS by June 1 of each year. The report will include data collected from the visual and acoustic monitoring program during the period of November 1 through October 31 each year. Additional information on the mitigation, monitoring, and reporting requirements can be found in the final rule (78 FR 75488, December 12, 2013). BP is also required to submit a comprehensive report, which shall provide full documentation of methods, results, and interpretation of all monitoring during the period of effectiveness of this LOA. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Dated: January 14, 2014. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–00997 Filed 1–17–14; 8:45 am] BILLING CODE 3510–22–P BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB–2014–0002] Agency Information Collection Activities: Submission for OMB Review; Comment Request Bureau of Consumer Financial Protection. ACTION: Notice and request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is proposing to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, ‘‘Fair Credit Reporting Act (Regulation V) 12 CFR 1022’’. DATES: Written comments are encouraged and must be received on or before February 20, 2014 to be assured of consideration. ADDRESSES: You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods: • Electronic: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail/Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. In general, all comments received will be posted without change to regulations.gov, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included. FOR FURTHER INFORMATION CONTACT: Documentation prepared in support of this information collection request is available at www.reginfo.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435–9575, or email: PRA@cfpb.gov. Please do not submit comments to this email box. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\21JAN1.SGM 21JAN1

Agencies

[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3347-3348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00997]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD067


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. 
Beaufort Sea

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

ACTION: Notice of issuance of a Letter of Authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to BP Exploration 
(Alaska) Inc. (BP) to take marine mammals, by harassment, incidental to 
operation of offshore oil and gas facilities in the U.S. Beaufort Sea, 
Alaska.

DATES: Effective from January 13, 2014, through January 14, 2019.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits 
and Conservation Division, Office of Protected Resources, NMFS, 1315 
East West Highway, Silver Spring, MD 20910, calling the contact listed 
under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at: 
https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
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 regulations are issued. Under the MMPA, the term ``take'' 
means to harass, hunt, capture, or kill or to attempt to harass, hunt, 
capture, or kill any marine mammal.
    Authorization for incidental takings may be granted for periods up 
to 5

[[Page 3348]]

years, after notification and opportunity for public comment, 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 (where 
relevant), and if 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.''
    Regulations governing the take of six species of marine mammals, by 
Level B harassment, and the take of one species by Level A harassment, 
serious injury, or mortality incidental to operation of the Northstar 
development in the Beaufort Sea, Alaska, were issued on December 12, 
2013 (78 FR 75488). These regulations are effective from January 13, 
2014, through January 14, 2019 (78 FR 75488, December 12, 2013). The 
species which are authorized for taking by Level B harassment are: 
Bowhead, gray, and beluga whales and ringed, bearded, and spotted 
seals. BP is also authorized to take five individual ringed seals by 
injury or mortality annually over the course of the 5-year rule. For 
detailed information on this action, please refer to the final rule (78 
FR 75488, December 12, 2013). These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during operation and maintenance activities at the BP 
Northstar development facility.
    This LOA is effective from January 13, 2014, through January 14, 
2019, and authorizes the incidental take of the six marine mammal 
species listed above that may result from operations, including 
maintenance activities, at the BP Northstar development in the U.S. 
Beaufort Sea.
    Potential effects of BP's operation of the Norsthar development 
involve both acoustic and non-acoustic effects. Potential non-acoustic 
effects could result from the physical presence of personnel, 
structures and equipment, construction or maintenance activities, and 
the occurrence of oil spills. Ice road construction may also impact 
ringed seals. A major oil spill is unlikely. Potential acoustic effects 
could result from island construction, maintenance, and drilling, as 
well as vehicles operating on the ice, vessels, aircraft, generators, 
production machinery, gas flaring, and camp operations. Marine mammals 
may experience masking and behavioral disturbance.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation measures: (1) Surveying with specially-
trained dogs if any ice road or construction activities occur after 
March 1 in previously undisturbed areas in waters deeper than 10 ft (3 
m) in order to identify and avoid ringed seal structures by a minimum 
of 492 ft (150 m); (2) scheduling all non-essential boat, hovercraft, 
barge, and air traffic to avoid periods when whales (especially bowhead 
whales) are migrating through the area; (3) maintaining a minimum 
altitude of 1,000 ft (305 m) and specific corridor from Seal Island to 
the mainland for all helicopter flights, except when limited by weather 
or personnel safety or during takeoffs and landings; (4) establishing 
exclusion zones for cetaceans and pinnipeds of 180 and 190 dB re 1 
[mu]Pa (rms), respectively, when impact pile driving activities will 
occur; (5) shutting down impact pile driving activities if marine 
mammals enter the applicable exclusion zones; and (6) no new drilling 
into oil-bearing strata during either open-water or spring-time broken 
ice conditions. In addition to these mitigation measures, BP has an oil 
spill prevention and contingency plan in place, which was developed and 
approved by the Alaska Department of Environmental Conservation, U.S. 
Department of Transportation, U.S. Coast Guard, and the former Minerals 
Management Service. Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate.
    Through this LOA, BP is required to monitor for marine mammals 
using both visual observers and passive acoustic monitoring systems. BP 
is required to submit an annual report to NMFS by June 1 of each year. 
The report will include data collected from the visual and acoustic 
monitoring program during the period of November 1 through October 31 
each year. Additional information on the mitigation, monitoring, and 
reporting requirements can be found in the final rule (78 FR 75488, 
December 12, 2013). BP is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.

    Dated: January 14, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-00997 Filed 1-17-14; 8:45 am]
BILLING CODE 3510-22-P
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