Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization, 51584-51600 [2014-20618]
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R7–ES–2014–0031;
FF07CAMM00–FX–FR133707SEA00]
Marine Mammals; Incidental Take
During Specified Activities; Proposed
Incidental Harassment Authorization
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of application
and proposed incidental harassment
authorization; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
applications from Apache Alaska
Corporation (Apache), SAExploration,
Inc., LLC (SAE), and BlueCrest Energy,
Inc. (BlueCrest), formerly Buccaneer
Alaska Operations, LLC, for
authorization under the Marine
Mammal Protection Act of 1972
(MMPA), as amended, to take small
numbers of northern sea otters from the
Southcentral stock by harassment
incidental to proposed oil and gas
exploration activities in Cook Inlet,
Alaska. In accordance with provisions
of the MMPA, we request comments on
our proposed authorization for the
applicant to incidentally take, by
harassment, small numbers of northern
sea otters from the Southcentral stock
for a period of 1 year. We anticipate no
take by injury or death and include
none in this proposed authorization,
which would be for take by harassment
only.
DATES: Comments and information must
be received by September 29, 2014.
ADDRESSES: Document availability: The
incidental harassment authorization
applications, associated environmental
assessments, and supporting
documentation, such as Literature Cited,
are available for viewing at https://
www.fws.gov/alaska/fisheries/mmm/
iha.htm or at www.regulations.gov at
Docket No. FWS–R7–ES–2014–0031.
Comment submission: You may
submit comments on the proposed
Incidental Harassment Authorization
and associated environmental
assessments by one of the following
methods:
• U.S. mail or hand-delivery: Public
Comments Processing, ATTN: FWS–R7–
ES–2014–0031, U.S. Fish and Wildlife
Service Headquarters, MS: BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803; or
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R7–ES–2014–0031.
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SUMMARY:
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Please indicate to which document,
the proposed Incidental Harassment
Authorization, or the environmental
assessments, your comments apply. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Request for Public Comments section
below for more information).
To
request copies of the application, the list
of references used in the notice, and
other supporting materials, contact
Craig Perham, 1–800–362–5148; Marine
Mammals Management, U.S. Fish and
Wildlife Service, 1011 East Tudor Road,
Anchorage, AK 99503; or by email at
craig_perham@fws.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA, as amended (16 U.S.C. 1371
(a)(5)(A) and (D)), authorize the
Secretary of the Interior 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, provided that we
make certain findings and either issue
regulations or, if the taking is limited to
harassment, provide a notice of a
proposed authorization to the public for
review and comment.
We may grant authorization to
incidentally take marine mammals if we
find that the taking will have a
negligible impact on small numbers of
the species or stock(s), and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses. As part of the
authorization process, we prescribe
permissible methods of taking, and
other means of effecting the least
practicable impact on the species or
stock and its habitat, and requirements
pertaining to the monitoring and
reporting of such takings.
The term ‘‘take,’’ as defined by the
MMPA, means to harass, hunt, capture,
or kill, or to attempt to harass, hunt,
capture, or kill any marine mammal.
Harassment, as defined by the MMPA,
means ‘‘any act of pursuit, torment, or
annoyance which (i) has the potential to
injure a marine mammal or marine
mammal stock in the wild [the MMPA
calls this 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,
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feeding, or sheltering [the MMPA calls
this Level B harassment].’’
The terms ‘‘small numbers,’’
‘‘negligible impact,’’ and ‘‘unmitigable
adverse impact’’ are defined in 50 CFR
18.27, the Service’s regulations
governing take of small numbers of
marine mammals incidental to specified
activities. ‘‘Small numbers’’ is defined
as ‘‘a portion of a marine mammal
species or stock whose taking would
have a negligible impact on that species
or stock.’’ However, we do not rely on
that definition here, as it conflates the
terms ‘‘small numbers’’ and ‘‘negligible
impact,’’ which we recognize as two
separate and distinct requirements.
Instead, in our small numbers
determination, we evaluate whether the
number of marine mammals likely to be
taken is small relative to the size of the
overall population. ‘‘Negligible impact’’
is defined 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.’’
‘‘Unmitigable adverse impact’’ is
defined as ‘‘an impact resulting from the
specified activity (1) that is likely to
reduce the availability of the species to
a level insufficient for a harvest to meet
subsistence needs by (i) causing the
marine mammals to abandon or avoid
hunting areas, (ii) directly displacing
subsistence users, or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) that cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.’’
Section 101(a)(5)(D) of the MMPA
establishes an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals where the take will be
limited to harassment. Section
101(a)(5)(D)(iii) establishes a 45-day
time limit for Service 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, we must either
issue or deny issuance of the
authorization. We refer to these
authorizations as Incidental Harassment
Authorizations (IHAs).
The Service has issued IHAs for sea
otters in the past. These include: three
IHAs incidental to airport construction
on Akun Island and hovercraft
operation between Akun Island and
Akutan, Alaska (August 27, 2008 [73 FR
50634]; June 8, 2010 [75 FR 32497];
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April 1, 2011 [76 FR 18232]); and one
IHA incidental to construction activities
associated with a tidal wetlands
restoration project on the Elkhorn
Slough National Estuarine Research
Reserve in Monterey County, CA (July
20, 2010 [75 FR 42121].
Summary of Requests
Apache Corporation
On April 15, 2014, the Service
received an application from Apache
Corporation (Apache) to take, by
harassment, northern sea otters from the
Southcentral stock (Enhydra lutris
kenyoni; hereafter referred to as sea
otter) incidental to a three-dimensional
(3D) nodal or ocean-bottom node
seismic survey program in State waters
of lower Cook Inlet, Alaska. Apache
plans to conduct the seismic surveys,
south of Ninilchik, starting in midOctober 2014 during open water periods
at slack tides. The proposed seismic
surveys would take place on Apache’s
leases, which encompass approximately
4,882 square kilometers (km) (1,885
square miles (mi)) in water depths of 0
to 128 meters (m) (0 to 420 feet (ft)) of
onshore, transition (intertidal), and
offshore zones (Figure 1). These areas
are identified in Apache’s application as
Area 2.
SAExploration, Inc.
On October 28, 2013, the Service
received an application from
SAExploration, Inc. (SAE) for the taking,
by harassment, of sea otters from the
Southcentral stock incidental to a 3D
nodal or ocean-bottom node seismic
survey program in State and Federal
waters in lower Cook Inlet starting on
December 1, 2014. The surveys will
conclude before the IHA expires. The
proposed seismic survey would occur in
the marine waters of both upper and
lower Cook Inlet. The survey area is
divided into two units: (1) Upper Cook
Inlet, an area of 2,126 square km (821
square mi) beginning at Point
Possession, to a line approximately 10
km (6 mi) south of both the West
Foreland and East Foreland; and (2)
lower Cook Inlet, a 1,808-square-km
(698-square-mi) area beginning east of
Kalgin Island and running along the east
side of lower Cook Inlet to Anchor
Point. We focused on the lower Cook
Inlet area because sea otters do not
occur in upper Cook Inlet (Figure 1).
BlueCrest
On April 15, 2014, Buccaneer/
BlueCrest Alaska Operations, LLC
(BlueCrest) submitted an IHA
application to the Service requesting
take of small numbers of sea otters from
the Southcentral stock during the
Cosmopolitan exploratory drilling
program in lower Cook Inlet during the
November 1, 2014, through October 31,
2015, period. These two well locations
(Cosmopolitan State #1 and
Cosmopolitan State #2; Figure 1) are
within the State of Alaska Division of
Land Oil and Gas Lease 384403.
These applications are available as
specified above in ADDRESSES.
Prior to issuing IHAs in response to
these three requests, we must evaluate
the level of industrial activities
described in the applications, their
associated potential impacts to sea
otters, and their effects on the
availability of this species for
subsistence use. The information
provided by the applicants indicates
that oil and gas activities projected over
the next year will encompass onshore
and offshore exploration activities. The
Service is tasked with analyzing the
impact that lawful industrial activities
will have on sea otters during normal
operating procedures.
Description of the Specified Activities
Apache Corporation
Apache will perform the proposed
seismic survey operations from multiple
vessels starting in mid-October 2014.
Two source vessels will be used, both
equipped with compressors and 2,400cubic-inch airgun arrays. One source
vessel also will be equipped with a 440cubic-inch shallow-water airgun array,
which can be deployed at high tide in
the intertidal area in less than 1.8 m (5.9
ft) of water. Three shallow draft vessels
and one mitigation vessel will support
cable/nodal deployment and retrieval
operations. One vessel will house and
recharge the receiver nodes, and two
smaller jet boats will be used for
personnel transport and node support in
the extremely shallow water of the
intertidal area. For additional
information, such as vessel
specifications, see Apache’s application
(https://alaska.fws.gov/fisheries/mmm/
itr.htm).
Apache anticipates conducting inwater survey operations 24 hours per
day. During each 24-hour period,
seismic operations will be active;
however, in-water airgun activity can
occur only during slack tides because of
the strong currents. In general, there are
four slack tides in a 24-hour period and
airguns can typically operate for 2–3
hours around each slack tide, yielding a
maximum of 8–12 hours of airgun
operations in a given day.
The 2,400-cubic-inch airgun arrays
and the 440-cubic-inch airgun array will
be used to obtain geological data during
the survey. The acoustic source level of
the 2,400-cubic-inch airgun array was
predicted using an airgun array source
model developed by JASCO Applied
Sciences. The 190, 180, and 160 dBrms
re 1 mPa (standard industry reference for
sound pressure levels) isopleths were
estimated at three different water depths
(5 m, 25 m, and 45 m; 16.4 ft, 82 ft,
147.6 ft) for nearshore surveys and at 80
m (262.5 ft) for channel surveys. The
distances to these thresholds for the
nearshore survey locations are provided
in Table 1 and correspond to the three
transects modeled at each site in the
onshore, nearshore, and parallel-toshore directions.
TABLE 1—DISTANCES TO SOUND THRESHOLDS FOR NEARSHORE SURVEYS FOR THE 2014 APACHE SEISMIC SURVEY,
LOWER COOK INLET, ALASKA
Water depth at
source
location
(m)
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Sound level threshold
(dB re 1 μPa)
Distance in the
onshore
direction
(km)
Distance in the
offshore
direction
(km)
Distance in the
parallel-toshore direction
(km)
5
25
45
5
25
45
0.85
4.70
5.57
0.28
0.35
0.10
3.91
6.41
4.91
0.33
0.36
0.10
1.48
6.34
6.10
0.33
0.44
0.51
160 ...................................................................................................................
190 ...................................................................................................................
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An acoustical positioning (or pinger)
system will be used to determine the
geo-referenced positions of the nodes
after they have been placed on the
seafloor. One device, the Scout UltraShort Baseline Transceiver, operates at
frequencies of 33–55 kilohertz (kHz) at
a maximum source level of 188 dB re 1
mPa at 1 m. The other device, an LR
Ultra-Short Baseline Transponder,
operates at frequencies of 35–50 kHz at
a source level of 185 dB re 1 mPa at 1
m. With respect to these two sound
sources, the Service will rely on the
distance to the Level B harassment
threshold for sea otters estimated for the
higher sound pressure level of the two
devices as provided by Apache.
Therefore, assuming a simple spreading
loss of 20 log R (where R is radius) with
a source level of 188 dB, the distances
to the 190 and 160 dB isopleths would
be 1 m and 25 m (3.2 ft and 82 ft),
respectively. Another technique for
locating the nodes in deeper water is
called Ocean Bottom Receiver Location,
which uses a small volume airgun (10
cubic inches) firing parallel to the node
line.
Apache will also conduct seismic
survey activities in onshore and
intertidal areas that will be surveyed
using nodal technology and explosives
as the sound source. To access the
onshore drill sites, Apache will use a
combination of helicopter portable and
tracked vehicle drills. In September
2011, Apache conducted sound source
verification to characterize the
underwater received sound levels
resulting from land-based explosives.
Shot locations for the land-based
explosives were acoustically monitored
to determine if underwater received
sound levels exceeded the harassment
threshold of 160 dB re 1 mPa. Received
levels detected by the real-time vesselbased data logging systems located 3 km
(1.86 mi) from the nearest shot hole
were well below the harassment
threshold criterion of 160 dB re 1 Pa
rms. A detailed description of the
proposed seismic survey activities in
onshore and intertidal areas can be
found in Apache’s Environmental
Assessment (EA).
SAExploration, Inc.
SAExploration plans to conduct 3D
nodal or ocean-bottom node seismic
surveys in State and Federal waters
within both upper and lower Cook Inlet.
The seismic acquisition in the lower
Cook Inlet unit would initially begin in
December 2014, and start in the
northern half of their action area to
avoid encounters with summering
marine mammals near Anchor Point.
Completing this work in the lower Cook
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Inlet unit is estimated to take 60 to 80
days.
Two source vessels will be used with
multiple jet-driven shallow draft vessels
for deployment and retrieval of offshore
recording equipment. There will also be
a housing vessel with a crew transfer
and mitigation vessels (see SAE’s EA for
more details regarding specifications of
these vessels). The components of the
project include laying nodal recording
sensors (nodes) on the ocean floor,
operating seismic source vessels towing
active airgun arrays, and retrieval of
nodes.
SAExploration’s seismic surveys will
primarily utilize a 1,760-cubic-inch
sleeve airgun array, although 440- or
880-cubic-inch arrays may be used in
shallow water locations. The
configuration of each array is outlined
in SAE’s application (https://
alaska.fws.gov/fisheries/mmm/itr.htm).
The arrays will be centered
approximately 15 m (50 ft) behind the
source vessel, at a depth of 4 m (12 ft),
and towed along predetermined source
lines at speeds between 7.4 and 9.3 km
per hour (4 and 5 knots). SAE proposes
to operate two vessels with full arrays,
operating simultaneously in an
alternating shot mode; one vessel
shooting while the other is recharging.
Shot intervals are expected to be about
8 to 10 seconds for each array, resulting
in an overall shot interval of 4 to 5
seconds, considering the two
simultaneous arrays. Actual daily
shooting will be confined to 2 to 3 hours
at each slack tide occurring during
daylight hours, or about 8 to 10 hours
at most in a given day. Based on the
manufacturer’s specifications, the 1,760cubic-inch array has a peak-to-peak
estimated sound source of 254.55 dB re
1 mPa at1 m.
SAExploration’s marine seismic
operations will be based on a ‘‘recording
patch’’ or similar approach. Patches will
contain groups of 6 receiver lines and 32
source lines. Each receiver line has
submersible marine nodes tethered
equidistant (50 m; 165 ft) from each
other along the length of the line. Each
node will contain three velocity sensors
and a hydrophone. The receiver lines
will be approximately 8 km (5 mi) in
length, and spaced approximately 402 m
(1,320 ft) apart. Each receiver patch will
cover approximately 19.4 square km (7.5
square mi) in area. The receiver patches
will be oriented such that the receiver
lines run parallel to the shoreline.
Source lines, 12 km (7.5 mi) long and
spaced 502 m (1,650 ft) apart, will run
perpendicular to the receiver lines and,
where possible, will extend
approximately 5 km (3 mi) beyond the
outside receiver lines and
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approximately 4 km (2.5 mi) beyond
each of the ends of the receiver lines.
The outside dimensions of the
maximum shot area during a patch
shoot will be 12 km by 16 km (7.5 mi
by 10 mi) and all shot areas will be
wholly contained within the 1,808square-km (698-square-mi) survey box.
Shot intervals along each source line
will be 50 m (165 ft).
It may take a period of 3 to 5 days to
deploy, shoot, and record a single
receiver patch. During recording of one
patch, nodes from the previously
surveyed patch will be retrieved,
recharged, and data downloaded prior
to redeployment of the nodes to the next
patch. As patches are recorded, receiver
lines are moved side to side or end to
end to the next patch.
Autonomous recording nodes lack
cables but will be tethered together
using thin rope for ease of retrieval. This
rope and nodes will lay on the seabed
surface. A GPS will be attached to the
airgun array for the primary vessel
positioning. Nodes will be positioned
using pingers deployed from the node
vessels. Patch geometry may be
modified during operations to improve
sampling and operational efficiency.
As mentioned above, an acoustical
positioning (or pinger) system will be
used to position the nodes. A vesselmounted transceiver calculates the
position of the nodes by measuring the
range and bearing from the transceiver
to a small acoustic transponder fitted to
every third node. The transceiver uses
sonar to interrogate the transponders,
which respond with short pulses that
are used in measuring the range and
bearing. The system provides a precise
location of every node as needed for
accurate interpretation of the seismic
data. The transceiver to be used is the
Sonardyne Scout USBL, while
transponders will be the Sonardyne TZ/
OBC Type 7815–000–06. Because the
transceiver and transponder
communicate via sonar, they produce
underwater sound levels. The Scout
USBL transceiver has a transmission
source level of 197 dB re 1 mPa at 1 m
and operates at frequencies between 35
and 55 kHz. The transponder produces
short pulses of 184 to 187 dB re 1 mPa
at 1 m at frequencies also between 35
and 55 kHz.
BlueCrest Alaska Operations, LLC
BlueCrest proposes to conduct
exploratory and delineation drilling
operations at two well locations in the
Cosmopolitan Unit in Cook Inlet during
the 2014 summer drilling season until
October 31, 2014. These plans include
exploratory gas-only drilling operations
at Cosmopolitan State #2, possible
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delineation well drilling at either
Cosmopolitan State #1 or #2, and
possible deeper drilling for oil at either
well depending on permitting
schedules.
Cosmopolitan #1 is located just off
Cape Starichkof about 12.9 km (8 mi)
north of Anchor Point (59°53′12.87″ N/
¥151°52′57.71″ W; Figure 1) in
approximately 24 m (78 ft) of water at
4.8 km (3 mi) from shore. Cosmopolitan
#2 is located 11.3 km (7 mi) north of
Anchor Point (59°52′17.37’’ N/
¥151°51′55.09″ W; Figure 1) in about
16.5 m (54 ft) of water at 3.2 km (2 mi)
from shore. BlueCrest’s project area also
includes two routes between the Port of
Homer and Cosmopolitan.
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Drill Rig
BlueCrest will conduct its exploratory
drilling using the Endeavour, an
independent leg, cantilevered jack-up
drill rig of the Marathon LeTourneau
Class 116–C that is capable of drilling to
7,620 m (25,000 ft) in water depths from
4.6 to 91 m (15 to 300 ft).
The Endeavour will be mobilized
from Port Graham, Alaska, to the
Cosmopolitan State #2 well site, a
distance of about 50 km (31 mi), for
drilling operations. Cosmopolitan #2
and #1 are located 1.6 km (1.0 mi) apart,
and any subsequent moves between the
two sites will be limited. The rig will be
towed between locations by ocean-going
tugs. Rig moves will be conducted in a
manner to minimize any potential risk
regarding safety as well as cultural or
environmental impact.
Rig Support
Helicopters (twin turbine Bell 212 or
equivalent) will be used to transport
personnel, groceries, and supplies to
and from the rig. The helicopter will be
based at the Kenai Airport to support rig
crew changes and cargo handling.
Fueling will take place at these
facilities. No helicopter refueling will
take place on the rig.
Helicopter flights to and from the rig
are expected to average two per day.
Flight routes will follow a direct route
to and from the rig location, and flight
heights will be maintained 300 to 450 m
(1,000 to 1,500 ft) above ground level to
avoid harassment of marine mammals
(Richardson et al. 1995). The helicopter
will be dedicated to the drilling
operation and will be available for
service 24 hours per day. A replacement
helicopter will be available when major
maintenance items are scheduled.
Supplies (fuel, drilling water, mud
materials, cement, casing, and well
service equipment) will be staged
onshore at the Offshore Systems Dock.
Required supplies and equipment will
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be moved from the staging area by
contracted supply vessels and loaded
aboard the rig when the rig is
established on a drilling location.
Rig equipment will use diesel fuel or
electricity. Personnel associated with
fuel delivery, transfer, and handling will
be knowledgeable of Industry Best
Management Practices related to fuel
transfer and handling, drum labeling,
secondary containment guidelines, and
the use of liners/drip trays. The jack-up
rig will take on a maximum fuel load
prior to operations to reduce fuel
transfers during drilling. Commercial
tank farms in the Nikiski or Kenai area
will supply fuel transported by barge as
needed. The rig barge master will be in
charge of refueling and fluid transfers
between the rig and fuel barge, and
subsequent transfers between tanks on
the rig.
Drilling Program and Well Operations
BlueCrest proposes to drill at each
well to bottom-hole depths of
approximately 2,100 to 4,900 m (7,000
to 16,000 ft). Drilling will take
approximately 30 to 75 days per well.
Well testing will take another 7 to 15
days per well. When planned operations
are completed, the wells will be plugged
and abandoned according to Alaska Oil
and Gas Conservation Commission
regulations.
Blowout Prevention Program and
Equipment
All operating procedures on the rig,
whether automated or controlled by
company or contractor personnel, are
specifically designed to prevent a loss of
well control. The primary method of
well control utilizes the hydrostatic
pressure exerted by a column of drilling
mud of sufficient density to prevent an
undesired flow of formation fluid into
the well bore. In the unlikely event that
primary control is lost, surface blowout
prevention equipment would be used
for secondary control. BlueCrest will
use a 5,000-pounds-of-pressure-persquare-inch (psi) blowout prevention
stack for shallow wells, and a 10,000- or
15,000-psi blowout prevention stack for
drilling deeper wells in higher pressure
formations known to exist in Cook Inlet.
Drilling Fluids and Cuttings
Drilling wastes include drilling fluids,
known as mud, rock cuttings, and
formation waters. Drilling wastes (nonhydrocarbon) will be discharged into
the waters of Cook Inlet under the
approved Alaska Pollution Discharge
Elimination System (APDES) general
permit. Hydrocarbon drilling wastes
will be delivered to an onshore
permitted location for disposal.
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BlueCrest will follow best management
practices to ensure that a sufficient
inventory of barite and lost circulation
materials are maintained on the drilling
vessel to minimize the possibility of a
well upset and the likelihood of a
release of pollutants to Cook Inlet
waters. In accordance with the APDES
general permit for discharges of drilling
muds and cuttings, BlueCrest will
conduct an Environmental Monitoring
Study of relevant hydrographic,
sediment hydrocarbon, and heavy metal
data before, during, and at least 1 year
after drilling operations cease.
Non-drilling wastewater will also be
discharged into Cook Inlet or delivered
to an onshore permitted location for
disposal per the approved APDES
general permit. Non-drilling wastewater
includes deck drainage, sanitary waste,
domestic waste, blowout preventer
fluid, boiler blowdown, fire control test
water, bilge water, non-contact cooling
water, and uncontaminated ballast
water.
Solid waste (e.g., packaging, domestic
trash) will be classified, segregated, and
labeled as general, universal, and
Resource Conservation and Recovery
Act exempt or nonexempt waste. It will
be stored in containers at designated
accumulation areas until it is packaged
and palletized for transport to an
approved onshore disposal facility. No
hazardous wastes should be generated
as a result of this project. However, if
any hazardous wastes are generated,
they would be temporarily stored in an
onboard satellite accumulation area and
then transported offsite for disposal at
an approved facility.
Dates and Duration of Proposed
Activity and Specific Geographical
Region
Apache plans to conduct seismic
surveys south of Ninilchik from
approximately the middle of October
2014 through March or April 2015,
during open water periods at slack tides.
SAExploration, Inc.’s seismic surveys
in lower Cook Inlet will begin in
December 2014 and start in the northern
half of their action area to avoid
encounters with summering marine
mammals near Anchor Point.
Completing this work in the lower Cook
Inlet is estimated to take 60 to 80 days.
BlueCrest’s exploratory drilling at
Cosmopolitan State #2 (north of Anchor
Point) is expected to begin in November
2014 and conclude in October 2015.
Distribution, Abundance, and Use of
Sea Otters in the Area of Specified
Activity
Lower Cook Inlet is within the range
of the Southcentral stock of the northern
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sea otter (Figure 2). The estimated
abundance of the Southcentral sea otter
stock is approximately 18,000 sea otters.
Approximately 6,900 otters from this
stock are presumed to use Cook Inlet
(USFWS 2014). The approximate range
of sea otters within the proposed area of
specified activity extends from
Ninilchik along the eastern side of Cook
Inlet to the southeastern edge of the area
near Anchor Point. Sea otters are found
within all water depths and distances
from shore in the proposed project areas
in lower Cook Inlet. During Kenai
Peninsula and Lower Cook Inlet sea
otter aerial surveys, Bodkin et al. (2003)
found that sea otters predominantly use
the nearshore areas (≥ 40 m; 131.2 ft)
due to increased foraging opportunities
(Riedman and Estes 1990; Schneider
1976). However, in waters of Cook Inlet
and Bristol Bay further from the
nearshore area, numerous otters have
been observed rafting together transiting
through the area (BlueCrest 2013;
Schneider 1976). Sea otters do not
regularly occur within the upper Cook
Inlet; thus, this area is not addressed in
these proposed IHAs.
Within their range, sea otters do not
use intertidal areas when void of open
water and onshore use is extremely
limited. The survey activities that will
be conducted in the intertidal areas will
occur only when those areas contain
residual water (i.e., slack tide) and thus
the Service has determined that the
onshore and intertidal portions of
Apache’s and SAE’s seismic surveys
will not likely interact with, or impact,
northern sea otters. Therefore, those
seismic activities and related operations
are not addressed in these proposed
IHAs.
Biological Information for the
Southcentral stock of northern sea otters
can be found in the Service’s Stock
Assessment Report (USFWS 2014)
(https://www.fws.gov/alaska/fisheries/
mmm/seaotters/reports.htm).
Potential Impacts of the Activities on
Sea Otters
Understanding of the effects of sound
from oil and gas exploration and drilling
activities (i.e., seismic, drilling, pile
driving) on sea otters is important for
the health of sea otters and the
development of parameters by which
sea otter takes can be established and
monitored. The three proposed actions
from Apache, SAE, and BlueCrest have
the potential to disturb sea otters,
particularly in protected waters in
nearshore habitats, which are used for
resting, pup rearing, and foraging.
Acoustic noise disturbance from
underwater sound sources will be the
primary concern for sea otters. For
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Apache and SAE, the main acoustic
source of disturbance will be the airguns
that will be deployed from the source
vessels. Other underwater sound
sources associated with the seismic
surveys that could impact sea otters
include the pingers and transponders
associated with positioning and locating
receiver nodes, and propeller noise from
the vessel fleet. For BlueCrest, airborne
sound sources include rig towing, noise
generated from routine rig activities,
and periodic air traffic. Routine boat
traffic noise produced by all operators
will also generate airborne sound. The
Service believes that airborne sound
sources will not exceed 160 dB (Level
B harassment) and will not affect sea
otters (Richardson 1995). Adherence to
specified operating conditions for
vessels and aircraft will ensure that
these airborne sound sources do not
take sea otters.
When disturbed by noise, otters may
respond behaviorally (e.g., escape
response) or physiologically (e.g.,
increased heart rate, hormonal response;
Harms et al. 1997, Tempel and Gutierrez
2003). Either response results in a
diversion from one biological activity to
another. That diversion may cause stress
(Goudie and Jones 2004), and it
redirects energy away from fitnessenhancing activities such as feeding and
mating (Frid and Dill 2002). Other
changes in activities as a result of
anthropogenic noise can include:
Increased alertness; vigilance; agonistic
behavior; escape behavior; temporary or
permanent abandonment of an area;
weakened reflexes; and lowered
learning responses (van Polanen Petel et
al. 2006). Chronic stress can lead to loss
of immune function, decreased body
weight, impaired reproductive function,
and abnormal thyroid function.
Despite the importance of
understanding the effects of sound on
sea otters, very few controlled
experiments or field observations have
been conducted to address this topic.
Those studies that have been conducted
have concluded that sea otters are
generally quite resistant to the effects of
sound, and that change to presence,
distribution, or behavior resulting from
acoustic stimuli are rare (Ghoul et al.
2012a and b; Reichmuth and Ghoul
2012; Riedman 1984). Additionally,
when sea otters have displayed
behavioral disturbance to acoustic
stimuli, they quickly become habituated
and resume normal activity (Ghoul et al.
2012b).
Disturbance From Vessel Traffic and
General Operations
Sea otters generally show a high
degree of tolerance and habituation to
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shoreline activities and vessel traffic
(Gill, USFWS, Marine Mammals
Management, pers. obs.), but
disturbance may cause animals to
disperse from the local area.
Populations of sea otters in Alaska have
been known to avoid areas with heavy
boat traffic but return to those same
areas during seasons with less traffic
(Garshelis and Garshelis 1984). Sea
otters in Alaska have shown signs of
disturbance (escape behaviors) in
response to the presence and approach
of survey vessels, including: Diving
and/or actively swimming away from a
boat; hauled-out otters entering the
water; and groups of otters disbanding
and swimming in multiple different
directions (Udevitz et al. 1995).
However, sea otters off the California
coast showed only mild interest in boats
passing within hundreds of meters, and
sea otters in California appear to have
habituated to boat traffic (Riedman
1983; Curland 1997). Their behavior is
suggestive of a dynamic response to
disturbance, abandoning areas when
disturbed persistently and returning
when the disturbance ceased. From the
above research it is likely that some
degree of disturbance from vessel traffic
associated with the proposed actions
will occur. Sea otters reacting to vessels
they encounter may consume energy
and divert time and attention from
biologically important behaviors, such
as feeding. However, these disturbances
are expected to be short term in
duration, and this potential short-term
displacement is not anticipated to affect
the overall fitness of any individual
animal. We also anticipate that
individual otters will habituate to the
presence of project vessels and
associated noise. Boat traffic,
commercial and recreational, is constant
in Cook Inlet. Some sea otters in the
area of activity are likely to become
habituated to vessel traffic and noise
caused by vessels due to the existing
continual traffic in the area. The
additional vessel activity that will occur
related to these three projects is not
expected to substantially increase vessel
noise or activity in the action area above
that which is already occurring.
Sea otter collisions with vessels
associated with the proposed project are
unlikely. Tugs and barges are slow
moving and pose little risk of colliding
with otters. Collisions between fastmoving vessels do occur but are
infrequent and are usually associated
with impaired animals (Gill, USFWS,
Marine Mammals Management, pers.
comm.). No fast boat use is proposed,
and it is unlikely that housing and crew
transfer vessels will impact otters.
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Vessels proposed for use to transfer
housing and crew can produce noises
exceeding 190 or 180 dB re 1 mPa when
traveling at higher speeds. However, the
influence of this sound is limited to a
distance of 2 to 4 m (6.6 to 13.1 ft) from
the vessel. Adherence to operating
conditions will ensure that these vessels
do not take sea otters.
Disturbance From Noise
Effects of noise on marine mammals
are highly variable and can be
categorized as: Tolerance; masking of
natural sounds; behavioral disturbance;
temporary or permanent hearing
impairment; and non-auditory effects,
such as female-pup separations
(Richardson et al. 1995). Whether a
specific noise source will cause harm
and/or disturbance to a sea otter
depends on several factors, including
the distance between the animal and the
sound source, the sound intensity,
background noise levels, the noise
frequency (cycles per second; Hz (hertz)
or kHz), duration, if the noise is pulsed
or continuous, and whether the noise
source originates in the aquatic or
terrestrial environment. For otters,
behavioral reactions may be shown as:
Changing durations of surfacing and
dives; changing direction and/or speed;
reduced/increased vocal activities;
changing/cessation of socializing or
feeding; visible startle response;
avoidance of areas where noise sources
are located; and/or flight response (e.g.,
otters flushing into water from
haulouts). The consequences of
behavioral modification have the
potential to be biologically significant if
the change affects growth, survival, and
reproduction.
Information regarding the northern
sea otter’s hearing abilities is limited;
however, the closely related southern
sea otter (Enhydra lutris nereis) has
some information showing this
subspecies’ range of hearing. Reichmuth
and Ghoul (2012) tested the aerial (from
airborne sound sources) hearing
capabilities of one male southern sea
otter believed to have typical hearing.
The study revealed an upper frequency
hearing limit extending to at least 32
kHz and a low frequency limit below
0.125 kHz. These results are generally
consistent with comparable data for
other carnivores, including terrestrial
mustelids. This range is also similar to
that of harbor seals (Phoca vitulina;
Pinnipedia) (0.075 to 30 kHz) (Kastak
¨
and Schusterman 1998, Hemila et al.
2006, Southall et al. 2007), which
suggests pinnipeds may be a good proxy
for sea otters. Additionally, sea otters
and harbor seals both exhibit
amphibious hearing and spend a
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considerable amount of time above
water, where they are not disturbed by
airborne sound sources; southern sea
otters spend about 80 percent of their
time at the sea surface, whereas harbor
seals may spend up to 60 percent of
their time hauled out of the water (Frost
et al. 2001).
Riedman (1983) examined changes in
the behavior, density, and distribution
of southern sea otters at Soberanes
Point, California, that were exposed to
recorded noises associated with oil and
gas activity. The underwater sound
sources were played at a level of 110 dB
and a frequency range of 50–20,000 Hz
and included production platform
activity, drillship, helicopter, and semisubmersible sounds. Riedman (1983)
also observed the sea otters during
seismic airgun shots fired at decreasing
distances from the nearshore
environment (50, 20, 8, 3.8, 3, 1, and 0.5
nautical miles) at a firing rate of 4 shots
per minute and a maximum air volume
of 4,070 cubic inches. Riedman (1983)
observed no changes in the presence,
density, or behavior of sea otters as a
result of underwater sounds from
recordings or airguns, even at the closest
distance of 0.5 nm (<1 km). Otters did,
however, display slight reactions to
airborne engine noise. Riedman (1983)
concluded that seismic activities had no
measurable effect on sea otter behavior.
The experiment was repeated the
following year (Riedman 1984) with the
same results.
In another controlled study using
prerecorded sounds, Davis et al. (1988)
exposed both northern sea otters in
Simpson Bay, Alaska, and southern sea
otters in Morro Bay, California, to a
variety of aerial (airborne) and
underwater sounds, including a warble
tone, sea otter pup calls, killer whale
calls, airhorns, and an underwater
acoustic harassment system designed to
drive marine mammals away from crude
oil spills. The sounds were projected at
a variety of frequencies, decibel levels,
and intervals. The authors noted that
certain acoustic stimuli could cause a
startle response and result in dispersal.
However, the disturbance effects were
limited in range (no responses were
observed for otters approximately 100–
200 m (328–656 ft) from the source of
the stimuli), and habituation to the
stimuli was generally very quick (within
hours or, at most, 3–4 days).
The National Marine Fisheries Service
(NMFS) has developed noise thresholds
used to measure injury for pinnipeds
(i.e., on Temporary Threshold Shift
(TTS) and Permanent Threshold Shift
(PTS)). Sea otter specific thresholds
have not been determined; however,
because of their biological similarities,
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51589
we assume that noise thresholds
developed by NMFS for injury for
pinnipeds will be a surrogate for sea
otter impacts as well. When PTS occurs,
there is physical damage to the sound
receptors in the ear. Severe cases can
result in total or partial deafness. In
other cases, the animal has an impaired
ability to hear sounds in specific
frequency ranges (Kryter 1985).
The noise thresholds established by
NMFS for preventing injury to
pinnipeds were developed as
precautionary estimates of exposures
below which physical injury would not
occur. There is no empirical evidence
that exposure to pulses of airgun sound
can cause PTS in any marine mammal,
even with large arrays of airguns
(Southall et al. 2007). However, given
the possibility that mammals close to an
airgun array might incur at least mild
TTS in the absence of appropriate
mitigation measures, researchers have
speculated about the possibility that
some individuals occurring very close to
airguns might incur PTS (e.g.,
Richardson et al. 1995).
Single or occasional occurrences of
mild TTS are not indicative of
permanent auditory damage, but
repeated or (in some cases) single
exposures to a level well above that
causing TTS onset might elicit PTS. By
means of preventing the onset of TTS,
it is highly unlikely that marine
mammals could receive sounds strong
enough (and over a sufficient duration)
to cause permanent hearing impairment.
These thresholds estimate that take in
the form of PTS may occur when
pinnipeds are exposed to sound
pressure levels above 190 dB (Level A
take; injury). NMFS thresholds indicate
that take in the form of TTS can occur
at levels above 160 dB (Level B;
harassment) (all decibel (dB) levels
given herein are re: 1 mPa RMS). Until
specific sea otter thresholds are
developed for both Level A and Level B
harassment and injury, the use of NMFS
thresholds for pinnipeds as a proxy for
otters remains the best available
information. NMFS’s thresholds are
further described and justified in NOAA
(2005), NOAA (2006), NOAA (2008),
and Southall et al. (2007) for our
analysis.
In conclusion, using information
available for other marine mammals as
a surrogate, and taking into
consideration what is known about sea
otters, the Service has set the received
sound level under water of 160 dB re 1
mPa (rms) as a threshold for Level B take
by disturbance for sea otters for this
proposed IHA (Ghoul and Reichmuth
2012a and b, McShane et al. 1995,
NOAA 2005, Riedman 1983, Richardson
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et al. 1995). Exposure to unmitigated
noise levels in the water greater than
160 dB re 1 mPa (rms) will be considered
by the Service as potentially injurious
Level A take; and levels above 190 dB
re 1 mPa (rms) are defined as the Level
A take threshold for sea otters. Level A
take will not be authorized and will be
avoided through mitigation measures.
Seismic Operations
Sound reception studies by Ghoul and
Reichmuth (2012b) determined that sea
otters effectively hear between 125 Hz
and 32 kHz, or above the range where
most seismic energy is produced. Thus,
sea otters appear to have limited hearing
of seismic airguns (especially compared
to humans with effective hearing down
to 20 Hz). To the extent that sea otters
can detect seismic noise, the potential
effects of Apache’s and SAE’s proposed
activities are described below.
Apache’s seismic survey has the
potential to affect sea otters with sound
generated by the seismic airguns, active
acoustic sources for surveys (i.e.,
pingers), and vessel transit. The seismic
airguns used by Apache are two 2,400cubic-inch airgun arrays. The acoustic
source level of the 2,400-cubic-inch
airgun arrays was predicted using the
JASCO Applied Science air array source
model. Two general survey environment
scenarios were considered for the
modeling study: A nearshore (from
shore out to 18 km (11 mi) offshore) and
a channel survey scenario (more than 18
km (11 mi) from shore). Results from
this study can be found in Apache’s EA.
Mitigation measures are in place to
reduce the acoustic impacts to sea
otters. Vessel-based Protected Species
Observers will monitor sea otters during
all daylight airgun operations. To
prevent Level A take of sea otters,
airgun activity will shut down if a sea
otter approaches within 500 m (1,640 ft)
from the source vessel.
The seismic airguns that will be used
during SAE’s Cook Inlet operation have
the potential to acoustically injure
marine mammals at close proximity. As
no sound levels have been effectively
measured to establish the threshold
where injury caused by an acoustic
source exists, the 190-dB criterion for
seals applies most closely to sea otters
given their more similar natural history
than compared to cetaceans. To avoid
exposing marine mammals to these
received noise levels, safety zones will
be established based on the zones of
impact (the area ensonified by a specific
sound level) for the 440- (221.1 dB
source), 880- (226.86 dB source) and
1,760- (236.55 dB source) cubic-inch
airgun arrays. Based on the transmission
losses empirically measured for similar
arrays by Collins et al. (2007) in Cook
Inlet (18.4 Log (R) + 0.00188R), the
distances to the 190- and 180-dB
isopleths (safety zone radii) are
described in Table 2. Qualified
protected species observers will be
deployed aboard the seismic vessels to
monitor the safety zones (see SAE’s EA
for a more detailed description) and
alert operations to shut down at the
approach of a marine mammal to these
safety zones, (including a sea otter to the
190-dB safety zone 315-m radius (1,033
ft)).
Warner and McCrodan (2011)
modeled the distances to the 190- and
180-dB isopleths from the same vessels
to be used in this project while they
were towing a 2,400-cubic-inch array in
Cook Inlet. The maximum safety radii
were 360 m (1,181 ft; 190 dB) and 1,070
m (3,510 ft; 180 dB), which correspond
well to the numbers in Table 2 given
that the 2,400-cubic-inch array is larger
than the 1,760-cubic-inch array. Sound
source verification of the 1,760-cubicinch array will be conducted soon after
operations begin, and the safety radii
adjusted as needed.
TABLE 2—SAFETY ZONE RADII FOR PINNIPEDS (190 dB) AND CETACEANS (180 dB) FOR EACH AIRGUN ARRAY
Array
(cubic inch)
Source level
(dB)
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440 .............................................................................................................................
880 .............................................................................................................................
1,760 ..........................................................................................................................
While the pingers and transponders to
be used by SAE will be used to relocate
nodes, their generated source sound
levels (185 to 193 dB) exceed Level A
criteria, but only at a very limited radius
distance of 0 to 6 m (0 to 20 ft). Marine
mammal observers and operators will,
however, ensure that no marine
mammals are in the immediate vicinity
before deploying active pingers and
transponders.
Both the transceiver and the
transponders for Apache’s and SAE’s
projects produce noise levels just above
the most sensitive hearing range of sea
otters (0.125 to 32 kHz) (Ghoul and
Reichmuth 2012a and b). Further, given
the low acoustical output of the
transceiver and the transponders, the
range of acoustical harassment to
marine mammals is measured to be
approximately 100 m (328 ft), which is
significantly less than the output from
the airgun arrays. In addition, the noise
produced is not loud enough to reach
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236.55
injury levels in sea otters beyond 9 m
(30 ft). Sea otters are likely to respond
to transceiver and transponder
transmission similar to airgun pulses,
but only when underwater and very
close (a few meters away) to the sources,
which is very unlikely to occur given
the boat activity involved.
Acoustic noise can also result from
explosive charges used for seismic
activity. Marine mammals close to
underwater detonations of high
explosives can be killed or severely
injured, where the auditory organs are
especially susceptible to injury (Ketten
et al. 1993, Ketten 1995). No underwater
detonations are expected to occur in the
action area, although Apache plans to
use explosives in the nearshore
intertidal area during slack tides. No sea
otters are expected to occur in this
intertidal area, and the Service does not
anticipate sea otters to interact with this
portion of Apache’s activity.
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190 dB radius
(m)
49
99
315
180 dB radius
(m)
165
327
948
Seismic operations could also cause
behavioral effects on sea otters. For
example, severe disturbance from
seismic noise or activities could cause
female-pup separations, male territory
abandonment, male territory shifts and
conflicts between territories, breakup of
rafts of nonbreeding males, and or
movement by individual otters out of
nearshore areas into deeper water.
These types of displacement events, if
they occurred, could have repercussions
on breeding success and/or survival due
to increased risk of predation or other
adverse conditions. However, because
sea otters spend relatively large amounts
of time above the water surface
compared to other marine mammals, sea
otters’ potential exposure to the
underwater acoustic stimuli, such as
those associated with seismic surveys
(Greene and Richardson 1988), may be
lower than that of other marine mammal
species (Richardson et al. 2011). As
previously stated, studies have not
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shown these kinds of dramatic
responses when otters were exposed to
seismic operations, and, therefore, we
have no reason to believe that otters will
exhibit any of these reactions during
these activities.
The Service has never documented a
stranding related to sound exposure for
sea otters in Cook Inlet (Gill, USFWS
Marine Mammals Management, pers.
comm.). More directly, no strandings or
sea otters in distress were observed
during the 2D test survey conducted by
Apache in March 2011 or reported by
Cook Inlet inhabitants. To date, there is
no evidence that serious injury, death,
or stranding of sea otters can occur from
exposure to airgun pulses, even in the
case of large airgun arrays. As a result,
the Service does not expect any sea
otters to incur serious injury (Level A
harassment) or mortality in Cook Inlet
or strand as a result of the proposed
seismic survey.
Drilling Operations
For BlueCrest’s drilling operation, two
project components have the potential
to disturb sea otters: Driving the
conductor pipe at each well prior to
drilling; and vertical seismic profiling
(VSP) operations that may occur at the
completion of each well drilling.
As described in BlueCrest’s
application, the conductor pipe driving
and VSP are impulsive noise activities.
Here the Level B disturbance exposure
to sound levels greater than 160 dB re
1 mPa-m (rms) applies, and ‘‘take’’ is
addressed relative to noise levels
exceeding 160 dB, above which
disturbance can occur until 190 dB,
after which potential injury can occur.
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Conductor Pipe Driving
A conductor pipe is a relatively short,
large-diameter pipe driven into the
sediment prior to the drilling of oil
wells. This section of tubing serves to
support the initial sedimentary part of
the well, preventing the looser surface
layer from collapsing and obstructing
the wellbore. The pipe also facilitates
the return of cuttings from the drill
head. Conductor pipes are usually
installed using drilling, pile driving, or
a combination of these techniques. In
offshore wells, the conductor pipe is
also used as a foundation for the
wellhead. BlueCrest proposes to drive
approximately 90 m (300 ft) of 76.2-cm
(30-inch) conductor pipe at
Cosmopolitan #2 (and any associated
delineation wells) prior to drilling using
a Delmar D62–22 impact hammer. This
hammer has impact weight of 6,200 kg
(13,640 pounds) and reaches maximum
impact energy of 224 kilonewton-m
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(165,215 foot-pounds) at a drop height
of 3.6 m (12 ft).
Blackwell (2005) measured the noise
produced by a Delmar D62–22 driving
91.4-cm (36-inch) steel pipe in Cook
Inlet and found sound pressure levels to
exceed 190 dB re 1mPa-m (rms) at about
60 m (200 ft), 180 dB re 1mPa-m (rms)
at about 250 m (820 ft), and 160 dB re
1mPa-m (rms) at just less than 1.9 km
(1.2 mi). Each conductor pipe driving
event is expected to last 1 to 3 days,
although actual noise generation
(pounding) would occur only
intermittently during this period. It is
anticipated that sea otters will move
away from any sound disturbance
caused by the pipe driving or become
habituated by it.
Vertical Seismic Profiling (VSP)
Once a well is drilled, accurate
followup seismic data can be collected
by placing a receiver at known depths
in the borehole and shooting a seismic
airgun at the surface near the borehole.
This gathered data provides not only
high-resolution images of the geological
layers penetrated by the borehole, called
vertical seismic profiling (VSP), but it
can also be used to accurately correlate
(or correct) the original surface seismic
data.
BlueCrest intends to conduct VSP
operations at the end of drilling each
well using an array of airguns with total
volumes of between 9.83 and 14.42
liters (600 and 880 cubic inches). Each
VSP operation is expected to last less
than 1 or 2 days. Assuming a 1-m source
level of 227 dB re 1mPa (based on
manufacturer’s specifications) for a
14.42-liter (880-cubic-inch) array and
using Collins et al.’s (2007) transmission
loss model for the Cook Inlet (18.4
Log(R)—0.00188R), the 190-dB radius
(Level A take threshold for pinnipeds
and surrogate for sea otters) from source
was estimated at 100 m (330 ft), and the
160-dB radius (Level B disturbance take
threshold for all sea otters) at 2.46 km
(1.53 mi). These were the initial injury
and safety zones established for
monitoring during a VSP operation
conducted by Buccaneer at
Cosmopolitan State #1 during July 2013.
Illingworth and Rodkin (2013) measured
the underwater noise levels associated
with the July 2013 VSP operation using
an 11.8-liter (720-cubic-inch) array and
found the noise exceeding 160 dB re 1
mPa (rms) extended out 2.47 km (1.56
mi) or virtually identical to the modeled
distance. The measured radius to the
190-dB level was 75 m (246 ft) and to
the 180-dB level was 240 m (787 ft). The
best fit model for the empirical data was
227 –19.75 log(R)—0.0R (Illingworth
and Rodkin 2013).
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Exploratory Drilling and Standard
Operation
The jack-up drilling rig, Endeavour, is
not expected to impact otters. Latticelegged jack-up drill rigs are relatively
quiet because the lattice legs limit
transfer of noise generated from the
drilling table to the water (Richardson et
al. 1995, Spence et al. 2007). Further,
the drilling platform and other noisegenerating equipment are located above
the ocean surface, so there is very little
surface contact with the water compared
to drill ships and semi-submersible drill
rigs. For example, the Spartan 151, the
only other jack-up drilling rig operating
in the Cook Inlet, was hydroacoustically measured by Marine
Acoustics, Inc. (2011) while operating in
2011. The survey results showed that
continuous noise levels exceeding 120
dB re 1mPa extended out only 50 m (164
ft), and that this noise was largely
associated with the diesel engines used
as power generators. The Endeavour
was hydro-acoustically tested during
drilling activities by Illingworth and
Rodkin (2013) in May 2013, while the
rig was operating at Cosmopolitan State
#1. The results from the sound source
verification indicated that noise
generated from drilling or generators
were below ambient noise. The
generators used on the Endeavour are
mounted on pedestals specifically to
reduce noise transfer through the
infrastructure, and they are enclosed in
an insulated engine room. In addition,
the submersed deep-well pumps that
cool the generators and charge the firesuppression system also generate noise
levels exceeding 120 dB re 1mPa out a
distance of approximately 300 m (984
ft). However, the Service does not
anticipate that this level of noise will
impact sea otters. Thus, neither actual
drilling operations nor running
generators on the Endeavour drill rig
generates underwater noise levels
exceeding 120 dB re 1mPa.
For this IHA analysis, acoustical
injury to sea otters can occur if received
noise levels exceed 190 dB re 1 mPa
(rms). This is classified as a Level A take
(injury), which is not authorized by
IHAs. The towing, drilling, and pump
operations to be used during BlueCrest’s
program do not have the potential to
acoustically injure marine mammals
(see Section 6 of the BlueCrest
application). Therefore, no shutdown
safety zones will be established for these
activities. However, the conductor pipe
driving and VSP operations do generate
impulsive noises exceeding 190 dB re 1
mPa (rms). Based on the estimated
distances to the 190-dB isopleth
addressed above, a 60-m (200-foot)
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shutdown safety zone will be
established and monitored during
conductor pipe driving (at least until the
noise levels are empirically verified),
while a 75-m (246-ft) shutdown safety
zone will be monitored during VSP
operations. Sea otters may be disturbed
at noise levels between 160 dB to 190
dB, where disturbance can occur (Level
B harassment) out to approximately 0.75
km (2.5 mi). If these takes occur, they
are likely to result in nothing more than
short-term changes in behavior.
Estimated Take of Sea Otters
As described earlier, the Service
anticipates that incidental take will
occur during Cook Inlet oil and gas
activities conducted by Apache, SAE,
and BlueCrest. In the sections below, we
estimate take by harassment of the
numbers of sea otters from the
Southcentral stock that are likely to be
affected during the proposed activities.
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Sound Levels
As noted earlier, there is a lack of
information available regarding the
impacts of noise disturbance on sea
otters. However, by using information
available for other marine mammals as
a surrogate, and taking into
consideration what is known about sea
otters, the Service has set the received
sound level under water of 160 dB re 1
mPa (rms) as a threshold for Level B take
by disturbance for sea otters for this
proposed IHA (Ghoul and Reichmuth
2012a and b, McShane et al. 1995,
NOAA 2005, Riedman 1983, Richardson
et al. 1995). Exposure to unmitigated
noise levels in the water greater than
190 dB re 1 mPa (rms) will be considered
by the Service as potentially injurious
Level A take threshold for sea otters.
Level A take will not be authorized and
will be avoided through mitigation
measures, such as ramp-down or shutdown procedures when sea otters are
observed in a designated mitigation
zone.
Population Size Estimate
The current estimate for the
Southcentral Alaska stock of northern
sea otters is 18,297 (USFWS 2014).
Aerial surveys in Kachemak Bay in
2002, 2007, and 2008, indicated that the
sea otter population is increasing. The
rate of increase for the Cook Inlet
portion of the population is unknown
because surveys have not been repeated;
however, it is assumed to be similar to
that in Kachemak Bay. The estimated
sea otter population for Cook Inlet was,
therefore, adjusted to allow for
population growth between 2002 and
2014 at the same rate as Kachemak Bay.
This rate was calculated by estimating
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least squares linear and exponential
trends for the 2002, 2007, 2008, and
2012 population estimates. The linear
model was selected based on model fit
(R-squaredlinear 0.98 vs. R-squaredexp
0.92). This model predicted an annual
population growth of 495 animals and
an estimated 2014 population size of
6,904 animals for Cook Inlet.
Density
The density of sea otters has been
reported as either otters per area or
otters per length of linear coastline.
Because sea otters primarily forage
nearshore in shallow water and rely on
coastal habitat, we calculated density
per linear kilometer of coastline. The
length of the 2002 USGS survey
coastline from which the Cook Inlet
population was estimated was 539.98
km. Using the estimated 2014
population size and applying that to the
length of coastline; the Service
calculated a density of 12.79 (95 percent
CI 6.5–19.08) otters per kilometer of
coastline (6,904/539.98 = 12.79). For the
offshore activities proposed by Blue
Crest, we used observational data from
2013 to estimate the number of sea
otters per day within the area that could
be observed from the drill rig. The
estimate was based on the number of sea
otters observed from the Endeavor
drilling rig during Buccaneer gas
exploration activities in 2013 by marine
mammal monitors in the same area and
during the same proposed timeframe
(BlueCrest 2013).
Estimation of Take for Seismic
Programs
Incidental take of otters is estimated
as the number of otters that may be
exposed to Level B harassment during
the entire duration of the project, as it
has been described. No lethal take is
expected, and all take will be by
harassment; therefore, individual
animals may be taken multiple times
over the course of the project. The total
estimated number of takes is the number
of otters multiplied by the number of
times each animal could potentially be
taken. It does not account for animals
that may remove themselves from the
impact area and thus avoid repeated
exposures. It also does not subtract
animals that are harassed early during
the project but then become habituated
to seismic sound at levels below injury
thresholds. The Service has no
information on which to base such
adjustments to the calculation of total
number of takes. However, larger
estimates of the total number of takes
are expected for projects with a larger
impact area or longer duration. For
these reasons, the estimated total
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number of takes should be considered as
a useful metric for comparison rather
than a precise measure of the project’s
overall potential for impact. Our
determination of small numbers is based
on the number of sea otters taken and
not the number of times a sea otter may
be taken.
Method
The northern end of the seismic
project areas extends beyond the range
of the sea otter. To determine the most
northern range for sea otters, all
observations in middle and upper Cook
Inlet proper (as defined by areas north
of Point Pogibshi and east of Chinitna
Point) reported during sea otter surveys
or as incidental sightings during
Steller’s eider (Larned 2004, 2006) and
beluga whale surveys (Rugh et al. 2006,
Goetz et al. 2012) were compiled. To
reduce the influence of extralimital
sightings, a minimum convex polygon
containing 95 percent of sea otter
sightings was created, excluding 5
percent of sightings with the greatest
distance to the centroid. A buffer area
was expanded outside the project areas
to show the farthest distances at which
the two seismic surveys could ensonify
areas in the range of sea otters at the
160-dB level. The buffer areas differed
for Apache and SAE based on the size
of their gun arrays. Apache proposed to
use a 2,400-cubic-inch array, while SAE
proposed to use a 1,760-cubic-inch
array. The estimated buffer for Apache’s
project area was 9.5 km (5.9 mi), while
SAE’s buffer area was 4.75 km (2.9 mi).
Apache
The length of coastline that
intersected the Apache project area and
the corresponding buffer were measured
to estimate the length of coastline along
which otters are expected to occur and
may be affected by the seismic surveys.
Applying the estimated density of 12.79
otters per km of coastline to the length
of the coastline (27.5 km; 17.1 mi) yields
a final estimate of approximately 351
otters that could be taken (12.79 × 27.5
= 351; estimated 95 percent CI from 178
to 524 otters).
In addition, we estimated the total
number of incidental takes of otters
based on Apache’s description of survey
time that would be spent in each
quadrant of the survey area. We
calculated that approximately 19.25
percent of these surveys would occur
within the probable range of sea otters
in Cook Inlet and within 9.5 km (5.9 mi)
of the coast, where sea otters are most
likely to be found and could be affected
by the seismic surveys. The estimated
total time spent in these areas was
approximately 3.27 survey days.
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Allowing one take per otter, per survey
day, yields 1,150 takes (3.27 × 351 =
1,150; estimated 95 percent confidence
interval [CI] 584–1,715).
SAExploration, Inc.
The length of coastline that
intersected the SAE project area, but did
not overlap with Apache seismic
surveys, was buffered 4.75 km (2.95 mi)
based on farthest distances at which
seismic surveys are predicted to
ensonify an area using a model
developed for Cook Inlet by Collins et
al. (2007). SAE’s estimated total length
of Cook Inlet coastline where sea otters
may be affected by the seismic surveys
was 55.72 km (34.6 mi). Applying the
estimated density of 12.79 otters per km
of coastline to the length of the coastline
for SAE’s longer length of coastline than
Apache’s yields an estimated 713 otters
that could possibly be taken (55.72 ×
12.79 = 712.5; estimated 95 percent CI
from 362 to 1,064 otters).
We further estimated the total number
of takes for the duration of SAE’s project
based on SAE’s description of surveys.
For this project we calculated
approximately 31.6 percent of SAE’s
surveys would occur in the sea otter
range in Cook Inlet and within 4.75 km
(2.95 mi) of the coast. We estimated the
total time the seismic project would
spend in the calculated otter range was
approximately 10.1 survey days. Due to
the slow rate of vessel speed and the
planned layout of survey transects, the
length of the coastline affected each day
would be less than the total length of
coastline within the SAE project area.
To calculate the maximum number of
otters that could be taken per day, we
calculated the maximum length of
impacted shoreline per day, times
density of otters per linear km of
shoreline. The maximum shoreline
impact in a day would occur from a 12km (7.46-mi) transect parallel to shore.
With buffers to allow for sound
attenuation, a total of 21.5 km (13.4 mi)
maximum could be affected each day
(4.75 + 12 + 4.75 = 21.5 km). An
adjustment was made for the length of
the coastline ensonified each day by
SAE because, unlike the Apache seismic
project, the SAE survey area is large
enough that seismic ensonification
would not affect the entire section of
coastline within the SAE project area
and would ensonify only a portion of
the coastline at one time. For SAE,
allowing one take per otter per survey
day and an estimated density of 12.76
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otters per km, the maximum estimated
daily take of otters is 275 (21.5 × 12.79
= 275). We estimated that the total
number of takes after 10.1 survey days
would be 2,778 takes (10.1 × 275 =
2,778; estimated 95 percent CI 1,412–
4,145) would occur.
Estimation of Take for the Drilling
Program
BlueCrest
The Service determined that the
BlueCrest activities most likely to result
in the take of sea otters, as defined
under the MMPA, are conductor pipe
driving (CPD) and vertical seismic
profiling (VSP). These activities will
generate noise levels in the water that
may cause short-term, temporary,
nonlethal, but biologically significant
changes in behavior to sea otters that the
Service considers to be Level B take by
disturbance under the MMPA. Other
proposed activities, such as rig towing,
noise generated from routine rig
activities, routine boat traffic, and
periodic air traffic were considered to
have a limited potential for disturbance
leading to Level B take. Adherence to
specified operating conditions will
ensure that take does not occur. The
Service made these determinations, in
part, based on information provided in
the application materials provided by
BlueCrest, including the application’s
Marine Mammal Monitoring and
Mitigation Plan.
The proposed BlueCrest activities,
previously discussed in detail, will
primarily occur in a limited area around
the Endeavor jack-up drilling rig at the
Cosmopolitan #1 site. The Service used
the number of sea otters observed from
the Endeavor drilling rig during
Buccaneer gas exploration activities in
2013 in the same area and during the
same proposed timeframe as a basis for
estimating the maximum number of
otters likely to be in the area per day
(BlueCrest 2013).
In 2013, an area of 210 m2 (2260 ft2)
on the surface of the water around the
deep water pump was intensively
observed for the presence of sea otters
(BlueCrest 2013). Given the high
probability of detection of sea otters in
such a small area in direct proximity to
the rig, the Service used these
observations as the basis for estimating
the presence of sea otters in the area for
the 2014 operations. From May to
August (103 observation days), an
average of 2.54 sea otters were observed
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51593
in the 210-m2 (2,260-ft2) area around the
deepwater pump.
The Service estimated the number of
sea otters per day in a Zone of Impact
(ZOI) by multiplying the number of sea
otters observed per day in the deepwater
pump observation area by the relative
size of the 160 dB re 1 mPa (rms) ZOI
of the CPD and VSP. For example, the
VSP ZOI is 19.2 km2 or 91.42 times
larger than the deepwater pump
observation area: The otters per day is
91.42 × 2.54 = 232.23. We multiplied
the estimated number of sea otters per
day by the number of days the activity
is proposed to occur and then, because
the otters are rafting through rather than
foraging, we adjusted the number of
otters potentially exposed to these noise
levels to account for the time sea otters
spend on the surface, which is
approximately 70 percent and based on
observational surveys (Bodkin et al
2004, Estes et al 1986, Riedman and
Estes 1990, Walker et al. 2008, Yeates et
al. 2007). The estimate of potential
Level A takes of sea otters is zero.
Conductor Pipe Driving
BlueCrest will use a Delmar D62–22
diesel impact hammer to drive the 76.2centimeter (30-inch) conductor pipe that
was acoustically measured earlier in
Cook Inlet (Blackwell 2005). These
measurements found that noise in the
water of approximately 190 dB re 1 mPa
extended to about 60 meters (200 feet)
from the source, and noise in the water
of approximately 180 dB re 1 mPa
extended to about 250 meters (820 feet)
from the source. Noise in the water of
approximately 160 dB re 1 mPa extended
to just less than 1.9 kilometers (1.2
miles). Based on this, the associated
Zone of Impact (ZOI) (area ensonified by
noise >160 dB re 1 mPa) is 11.3 square
kilometers (4.4 square miles) for the
CPD estimate.
Vertical Seismic Profiling
Noise levels during Buccaneer VSP
operations at the Cosmopolitan #1 site
were measured in July 2013 (Illingworth
and Rodkin 2013). Measurements
indicated that the 11.8-liter (720-cubicinch) airgun array used during the
operation produced noise levels
exceeding 160 dB re 1 mPa out to a
distance of approximately 2,470 meters
(8,100 feet). Based on these results, the
associated ZOI for this VSP estimate is
19.2 square kilometers (7.4 square
miles).
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TABLE 3—ESTIMATED NUMBER OF LEVEL B TAKES OF SEA OTTERS FROM THE SOUTHCENTRAL STOCK BY PROPOSED
BLUECREST ACTIVITIES
BlueCrest activity
Activity ZOI
(Km2)
Activity days
Estimated sea
otters per day
Estimated sea
otters exposed
Sea otter surface
time adjustment
(70%)
CPD .......................................................
VSP ........................................................
3
3
11.3
19.2
136.68
232.23
410
697
123
209
Total ................................................
6
30.5
368.91
1107
332
This method for estimating take
differs from that used for activities
proposed by Apache and SAE. Due to
the relatively stationary nature of the
BlueCrest activities, as well as the
distance from shore, the Service
determined that utilizing an estimated
density of sea otters based on linear
coastline, or based on density of otters
in the overall area, did not provide a
reasonable estimate of potential takes
for the BlueCrest project. Both of those
methods provided what the Service
considered to be unreasonably low
estimates of take. The method the
Service adopted for this proposed IHA
is most likely an overestimate of take.
In conclusion, for the two seismic
operations occurring in Cook Inlet,
Apache is estimated to have
approximately 1,150 takes of 351 otters,
while SAE is estimated to have
approximately 2,778 takes of 713 otters;
there may be some overlap of impact
areas. In addition, Level B take from the
BlueCrest activities is estimated to be
332. The total number of otters affected
is likely to be 351 + 713 + 332 = 1,396
or less. The Service believes all
anticipated takes would be nonlethal
harassment involving short-term,
temporary changes in behavior (Level B
harassment). The Service considers
1,396 sea otters, approximately 8
percent of the 18,297 sea otters
estimated to occur in the Southcentral
Alaska stock (USFWS 2014), to be a
small number. See Table 4 for summary
of takes.
TABLE 4—SUMMARY OF ESTIMATED TAKES
Number of takes
(Level B harassment)
Applicants
Number of sea otters
taken
Apache .................................................................................................................................
BlueCrest .............................................................................................................................
SAE ......................................................................................................................................
1,150
2,778
332
351
713
332
Total ..............................................................................................................................
4,260
1,396
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Potential Effects on Sea Otter Habitat
Potential Impacts to Prey
As described in greater detail
previously, the oil and gas exploration
activities associated with these
proposed IHAs are two seismic surveys
and one drilling operation. The primary
potential impacts to sea otters, and other
marine species, are associated with
high-energy impulsive sound levels
produced by these activities. However,
other potential impacts are also possible
to the surrounding habitat from physical
disturbance, discharges, or an oil spill.
Since sea otters typically inhabit
nearshore marine areas, shoreline length
is a readily available metric that can be
used to quantify sea otter habitat. The
total length of shoreline within the
range of the Southcentral Alaska stock
of northern sea otters is approximately
2,575 km (1,600 mi), of which 540 km
(335.5 mi) are located within Cook Inlet.
Of that, the total length of shoreline for
the proposed activities is approximately
84 km (52.2 mi), which is a small
percentage of the total shoreline habitat
available to the Southcentral sea otter
stock.
In addition to the disturbances
outlined above to sea otter habitat from
noise, these activities could affect sea
otter habitat in the form of impacts to
prey species. The primary prey species
for sea otters are sea urchins, abalone,
clams, mussels, crabs, and squid (Tinker
and Estes 1999). When preferential prey
are scarce, otters will also eat kelp crabs,
clams, turban snails, octopuses,
barnacles, sea stars, scallops, rock
oysters, fat innkeeper worms, and
chitons (Riedman and Estes 1990).
Thus, the nearshore habitats where sea
otters forage and support these species
are of utmost importance to Cook Inlet
sea otters.
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From Seismic Surveys
Little research has been conducted on
the effects of seismic operations on
invertebrates (Normandeau Associates,
Inc. 2012). Christian et al. (2003)
concluded that there were no obvious
effects from seismic signals on crab
behavior and no significant effects on
the health of adult crabs. Pearson et al.
(1994) had previously found no effects
of seismic signals upon crab larvae for
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exposures as close as 1 m (3.3 ft) from
the array, or for mean sound pressure as
high as 231 dB re 1 mPa. Squid and other
invertebrate species have complex
statocysts (Nixon and Young 2003) that
resemble the otolith organs of fish that
may allow them to detect sounds
(Budelmann 1992). Normandeau
Associates, Inc. (2012) concluded that
invertebrates are sensitive to local water
movements and to low-frequency
particle accelerations generated by
sources in their close vicinity.
From Drill Rig Presence
The potential direct habitat impact by
the BlueCrest drilling operation is
limited to the actual drill-rig footprint
defined as the area occupied and
enclosed by the drill-rig legs. The jackup rig will temporarily disturb up to
two offshore locations in upper Cook
Inlet, where the wells are proposed to be
drilled. Bottom disturbance would
occur in the area where the three legs of
the rig would be set down and where
the actual well would be drilled. The
jack-up drill rig footprint would occupy
three steel piles at 14 m (46 ft) diameter.
The well casing would be a 76-cm (30in) diameter pipe extending from the
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seafloor to the rig floor. The casing
would be in place only during drilling
activities at each potential well location.
The total area of disturbance was
calculated by BlueCrest as 0.54 acres.
The collective 2-acre footprint of the
wells represents a very small fraction of
the entire Cook Inlet. Potential damage
to the Cook Inlet benthic community
will be limited to the actual surface area
of the three spud cans (1,585 square ft
each or 4,755 square ft total) that form
the ‘‘foot’’ of each leg. Given the high
tidal energy at the well site locations,
drilling footprints are not expected to
support benthic communities equivalent
to shallow lower energy sites found in
nearshore waters. The presence of the
drill rig is not expected to result in any
direct loss of sea otter habitat.
From Drilling Discharges
The drill rig will operate under an
APDES general permit for wastewater
discharges. This permit authorizes
discharges from oil and gas extraction
facilities engaged in exploration under
the Offshore and Coastal Subcategories
of the Oil and Gas Extraction Point
Source Category (40 CFR part 435).
Twelve effluents are authorized for
discharge into Cook Inlet once discharge
limits set by the Alaska Department of
Environmental Conservation have been
met. The authorized discharges include
drilling fluids and drill cuttings, deck
drainage, sanitary waste, domestic
waste, blowout preventer fluid, boiler
blowdown, fire control system test
water, uncontaminated ballast water,
bilge water, excess cement slurry, mud
cuttings cement at sea floor, and
completion fluids. The drill rig will also
be authorized under the Environmental
Protection Agency’s (EPA’s) Vessel
General Permit for deck washdown and
runoff, gray water, and gray water mixed
with sewage discharges. Drilling wastes
include drilling fluids, known as mud,
rock cuttings, and formation waters.
Drilling wastes (non-hydrocarbon) will
be discharged to the Cook Inlet under
the approved APDES general permit.
Drilling wastes (hydrocarbon) will be
delivered to an onshore permitted
location for disposal. BlueCrest will
conduct an Environmental Monitoring
Study of relevant hydrographic,
sediment hydrocarbon, and heavy metal
data from surveys conducted before and
during drilling mud disposal and at
least 1 year after drilling operations
cease in accordance with the APDES
general permit for discharges of drilling
muds and cuttings.
Non-drilling wastewater includes
deck drainage, sanitary waste, domestic
waste, blowout preventer fluid, boiler
blowdown, fire control test water, bilge
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water, noncontact cooling water, and
uncontaminated ballast water. Nondrilling wastewater will be discharged
into Cook Inlet under the approved
APDES general permit or delivered to an
onshore permitted location for disposal.
Mud cuttings will be constantly tested.
Hydrocarbon-contaminated muds will
be hauled offsite. Solid waste (e.g.,
packaging, domestic trash) will be
classified, segregated, and labeled as
general, universal, and Resource
Conservation and Recovery Act exempt
or nonexempt waste. Solid waste will be
stored in containers at designated
accumulation areas until it can be
packaged and transported to an
approved onshore disposal facility.
Hazardous wastes should not be
generated as a result of this project.
However, if any hazardous wastes are
generated, they will be temporarily
stored in an onboard satellite
accumulation area and then transported
offsite for disposal at an approved
facility.
Discharging drill cuttings or other
liquid waste streams generated by the
drilling rig—even in permitted
amounts—could potentially affect
marine mammal habitat. Toxins could
persist in the water column, which
could have an impact on marine
mammal prey species. However, despite
a considerable amount of investment in
research on exposures of marine
mammals to organochlorines or other
toxins, no marine mammal deaths in the
wild can be conclusively linked to the
direct exposure to such substances
(O’Shea 1999).
Drilling muds and cuttings discharged
to the seafloor can lead to localized
increased turbidity and increase in
background concentrations of barium
and occasionally other metals in
sediments and may affect lower trophic
organisms. Drilling muds are composed
primarily of bentonite (clay), and the
toxicity is, therefore, low. Heavy metals
in the mud may be absorbed by benthic
organisms, but studies have shown that
heavy metals do not bio-magnify in
marine food webs (Neff et al. 1989).
Effects on benthic communities are
nearly always restricted to a zone within
about 100 to 150 m (328 to 492 ft) of the
discharge, where cuttings
accumulations are greatest. Discharges
and drill cuttings could impact fish by
displacing them from the affected area.
No water quality impacts are anticipated
from permitted discharges that would
negatively affect habitat for Cook Inlet
sea otters.
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Potential Impacts From an Oil Spill or
Unpermitted Discharge
The probability of an oil spill from the
proposed activities is low. Potential
sources would be a release from a
support vessel or an incident associated
with BlueCrest’s exploratory drilling
(while the target of that drilling is
natural gas, there is still a remote
possibility of an oil spill). An oil spill
or unpermitted discharge is an illegal
act; IHAs do not authorize takes of sea
otters caused by illegal or unpermitted
activities.
If an oil spill did occur, the most
likely impact upon sea otters would be
mortality due to exposure to and
ingestion of spilled oil. Also,
contamination of sea otter habitat, their
invertebrate prey, and prey habitat
would most likely result in a range of
impacts ranging from sublethal to lethal,
depending on a wide variety of factors.
Spill response activities are not likely to
disturb the prey items of sea otters
sufficiently to cause more than minor
effects. Spill response activities could
cause sea otters to avoid contaminated
habitat that is being cleaned.
Based on the preceding discussion of
potential types and likelihood of
impacts to sea otters, their prey, and
habitat, the Service anticipates that the
proposed activities are not likely to
cause more than negligible, short-term,
and temporary impacts to a small
number of sea otters and to a small
fraction of sea otter habitat.
Potential Impacts on Subsistence Needs
According to the IHA applications,
Apache, SAE, and BlueCrest have
contacted all potentially affected
subsistence communities, and the
communities have expressed no
concerns regarding the potential
impacts upon the availability of sea
otters for subsistence use (see proposed
EAs at https://alaska.fws.gov/fisheries/
mmm/itr.htm). Data from the Service’s
Marine Mammal Marking, Tagging, and
Reporting Program (MTRP) indicates
that the mean reported annual
subsistence take from 2009 through
2013 from communities that reported
harvest of sea otters in or near the
proposed project areas was 124 animals
(USFWS MTRP unpub. data). The
number of sea otters harvested for
subsistence in Cook Inlet is relatively
small compared to other areas. In
addition, meetings with affected
communities held by the companies
that discussed these proposed activities
did not reveal concern that these
activities would impact sea otters.
Therefore, the Service anticipates no
impacts on subsistence uses of sea otters
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will result from any of the proposed
activities or from the issuance of the
proposed IHAs.
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Proposed Mitigation Measures
Holders of an IHA must use methods
and conduct activities in a manner that
minimizes to the greatest extent
practicable adverse impacts on sea
otters, their habitat, and on the
availability of sea otters for subsistence
uses. Adaptive management approaches,
such as temporal or spatial limitations
in response to the presence of sea otters
in a particular place or time or the
occurrence of sea otters engaged in a
particularly sensitive activity (such as
feeding), must be used to avoid or
minimize interactions with sea otters,
and subsistence users of these resources.
We require holders of an IHA to
cooperate with the Service and other
designated Federal, State, and local
agencies to monitor the impacts of oil
and gas exploration activities on sea
otters. The following mitigation
measures are proposed to be included in
the individual IHAs.
Operating conditions for operational
and support vessels:
• Operational and support vessels
must be staffed with trained and
qualified observers to alert crew of the
presence of sea otters and initiate
adaptive mitigation responses.
• Vessel operators must take every
precaution to avoid harassment to sea
otters when a vessel is operating near
these animals.
• Vessels must reduce speed and
maintain a distance of 100 m (328 ft)
from all sea otters when practicable.
• Vessels may not be operated in such
a way as to separate members of a group
of sea otters from other members of the
group.
• When weather conditions require,
such as when visibility drops, vessels
should adjust speed accordingly to
avoid the likelihood of injury to sea
otters.
• All vessels must avoid areas of
active or anticipated subsistence
hunting for sea otters as determined
through community consultations.
• We may require a monitor on the
site of the activity or onboard drillships,
drill rigs, support vessels, aircraft, or
vehicles to monitor the impacts of an
activity on sea otters.
Operating conditions for aircraft:
• Operators of support aircraft must,
at all times, conduct their activities at
the maximum distance possible from
sea otters.
• Fixed-wing aircraft must operate at
an altitude no lower than 91 m (300 ft)
in the vicinity of sea otters.
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• Rotary winged aircraft (helicopters)
must operate at an altitude no lower
than 305 m (1,000 ft) in the vicinity of
sea otters.
• When weather conditions do not
safely allow the required minimum
altitudes stipulated above, such as
during severe storms or when cloud
cover is low, aircraft may be operated at
lower altitudes.
• When aircraft are operated at
altitudes below the required minimum
altitudes, the operator must avoid
known sea otter locations and should
take precautions to avoid flying directly
over these areas.
• Aircraft routes must be planned to
minimize any potential conflict with
active or anticipated sea otter
subsistence hunting activity as
determined through community
consultations.
Offshore seismic surveys:
Any offshore exploration activity
expected to include the production of
pulsed underwater sounds with sound
source levels ≥160 dB re 1 mPa will be
required to establish and monitor
acoustic exclusion and disturbance
zones and implement adaptive
mitigation measures as follows:
• Monitor zones. Establish and
monitor with trained and qualified
observers an acoustically verified
disturbance zone surrounding seismic
source arrays where the received level
will be ≥ 180 dB re 1 mPa and an
acoustically verified exclusion zone
surrounding seismic source arrays
where the received level will be ≥ 190
dB re 1 mPa.
• Ramp-up procedures. For all
seismic surveys, including airgun
testing, use the following ramp-up
procedures to allow marine mammals to
depart the disturbance zone before
seismic surveying begins.
Æ Visually monitor the disturbance
zone and adjacent waters for sea otters
for at least 30 minutes before initiating
ramp-up procedures. If no sea otters are
detected, you may initiate ramp-up
procedures. Do not initiate ramp-up
procedures at night or when you cannot
visually monitor the disturbance zone
for marine mammals.
Æ Initiate ramp-up procedures by
firing a single airgun. The preferred
airgun to begin with should be the
smallest airgun, in terms of energy
output (dB) and volume (cubic inches).
Æ Continue ramp-up by gradually
activating additional airguns over a
period of at least 20 minutes, but no
longer than 40 minutes, until the
desired operating level of the airgun
array is obtained.
• Power down/Shutdown.
Immediately power down or shutdown
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the seismic source array and/or other
acoustic sources whenever one or more
sea otters are sighted close to or within
the area delineated by the 180 dB re 1
mPa disturbance zone. If the power
down operation cannot reduce the
received sound pressure level to 160 dB
re 1 mPa or less, the operator must
immediately shut down the seismic
airgun array and/or other acoustic
sources.
• Emergency shutdown. If
observations are made or credible
reports are received that one or more sea
otters are within the area of the seismic
survey and are indicating acute distress,
such as any injury due to seismic noise,
the seismic airgun array will be
immediately shutdown and the Service
contacted. The airgun array will not be
restarted until review and approval by
the Service.
Monitoring and Reporting
Requirements
Monitoring Requirements
Holders of an IHA will be required to:
• Maintain trained and qualified
onsite observers to carry out monitoring
programs for sea otters necessary for
initiating adaptive mitigation responses.
• Place trained and qualified
observers on board all operational and
support vessels to alert crew of the
presence of sea otters to initiate
adaptive mitigation responses and to
carry out specified monitoring activities
identified in the marine mammal
monitoring and mitigation plan
necessary to evaluate the impact of
authorized activities on sea otters and
the subsistence use of sea otters.
• Cooperate with the Service and
other designated Federal, State, and
local agencies to monitor the impacts of
oil and gas exploration activities on sea
otters.
Reporting Requirements
Holders of an IHA must keep the
Service informed on the progress of
authorized activities by:
• Notifying the Service at least 48
hours prior to the onset of activities.
• Providing weekly progress reports
of authorized activities noting any
significant changes in operating state
and or location.
• Notifying the Service within 48
hours of ending activity.
Weekly Observation Reports
Holders of an IHA must report, on a
weekly basis, observations of sea otters
during project activities. Information
within the observation report will
include, but is not limited to:
• Date, time, and location of each
sighting.
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• Number, sex, and age (if
determinable).
• Observer name, company name,
vessel name or aircraft number, letter of
authorization number, and contact
information.
• Weather, visibility, and sea
conditions at the time of observation.
• Estimated distance from the animal
or group when initially sighted, at
closest approach, and end of the
encounter.
• Industry activity at time of sighting
and throughout the encounter. If a
seismic survey, record the estimated
ensonification zone where animals are
observed.
• Behavior of animals at initial
sighting, any change in behavior during
the observation period, and distance
from Industry activity associated with
those behavioral changes.
• Detailed description of the
encounter.
• Duration of the encounter.
• Duration of any behavioral response
(e.g., diving, swimming, splashing, etc.).
• Mitigation actions taken.
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Notification of Incident Report
Holders of an IHA must report to the
Service within 24 hours:
• Any incidental lethal take or injury
of a sea otter due to project activities;
and
• Observations of sea otters within
prescribed disturbance mitigation
monitoring zones.
After-Action Monitoring Reports
The results of monitoring efforts
identified in the marine mammal
monitoring and mitigation plan must be
submitted to the Service for review
within 90 days of the expiration date of
the IHA.
The report must include, but is not
limited to, the following information:
• A summary of monitoring effort
including: Total hours, areas/distances,
and distribution of sea otters through
the project area of each rig, vessel, and
aircraft.
• Analysis of factors affecting the
visibility and detectability of sea otters
by specified monitoring.
• Analysis of the distribution,
abundance, and behavior of sea otter
sightings in relation to date, location,
sea conditions, and operational state.
• Estimates of take based on the
number of animals encountered/km of
vessel and aircraft operations by
behavioral response (no response,
moved away, dove, etc.), and animals
encountered per day by behavioral
response for stationary drilling
operations.
• Raw data in electronic format (i.e.,
Excel spreadsheet) as specified by the
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Service in consultation with Industry
representatives.
• Sighting rates of marine mammals
during periods with and without airgun
activities (and other variables that could
affect detectability).
• Initial sighting distances versus
airgun activity state (firing, powered
down, or shut-down).
• Closest point of approach versus
airgun activity state.
• Observed behaviors and types of
movements versus airgun activity state.
• Numbers of sightings/individuals
seen versus airgun activity state.
Findings
The Service proposes the following
findings regarding this action:
Small Numbers Determination and
Estimated Take by Incidental
Harassment
For small take analysis, the statute
and legislative history do not expressly
require a specific type of numerical
analysis, leaving the determination of
‘‘small’’ to the agency’s discretion.
Factors considered in our small
numbers determination include the
following:
(1) The number of northern sea otters
inhabiting the proposed impact area is
small relative to the size of the northern
sea otter population. The total number
of sea otters that could potentially be
taken by harassment in association with
the proposed activity is 1,396, which is
less than ten percent of the estimated
population size of 18,297 (USFWS
2014).
(2) The area where the proposed
activities would occur is a relatively
small fraction of the available habitat of
the Southcentral Alaska stock of
northern sea otters. Since sea otters
typically inhabit nearshore marine
areas, shoreline length is a readily
available metric that can be used to
quantify sea otter habitat. The total
length of shoreline within the range of
the Southcentral Alaska stock of
northern sea otters is approximately
2,575 km (1,600 mi), of which 540 km
(335.5 mi) are located within Cook Inlet.
Of that, the total length of shoreline for
the proposed activities is approximately
84 km (52.2 mi), which is a small
percentage of the total shoreline habitat
available to the Southcentral sea otter
stock. Any potential impacts to prey
caused by the proposed activities would
occur in the limited area of the
shoreline habitat.
(3) Monitoring requirements and
mitigation measures are expected to
limit the number of incidental takes.
Level A harassment (harassment that
has the potential to injure sea otters) is
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not authorized. If a sea otter was
observed within or approaching the 180
dB re 1 mPa exposure area of the
various gun arrays, avoidance measures
would be taken, such as decreasing the
speed of the vessel and/or implementing
a power down or shutdown of the
airguns. All nearshore vessel operations
associated with marine geophone
placements would be monitored by
onsite observers. Power-up and ramp-up
procedures would prevent Level A
harassment and limit the number of
incidental takes by Level B harassment
by affording time for sea otters to leave
the area. Monitoring and mitigation
measures are thus expected to prevent
any Level A harassment and to
minimize Level B harassment. Further,
monitoring and reporting of sea otter
activity in proximity to activities will
allow the Service to reanalyze and
possibly refine and adjust future take
estimates as exploration activities
continue in sea otter habitat into the
future.
The mitigation measures outlined
above are intended to minimize the
number of sea otters that may be
disturbed by the proposed activity. Any
impacts on individuals are expected to
be limited to Level B harassment and to
be of short-term duration. No take by
injury or death is anticipated or
authorized. Should the Service
determine, based on the monitoring and
reporting to be conducted throughout
the survey activities, that the effects are
greater than anticipated, the
authorization may be modified,
suspended, or revoked.
Negligible Impact
The Service finds that any incidental
‘‘take by harassment’’ that may result
from this proposed seismic survey
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,
and would, therefore, have no more
than a negligible impact on the stock. In
making this finding, we considered the
best available scientific information,
including: (1) The biological and
behavioral characteristics of the species;
(2) the most recent information on
distribution and abundance of sea otters
within the area of the proposed activity;
(3) the potential sources of short-term
disturbance during the proposed
activity; and (4) the potential response
of sea otters to this short-term
disturbance. In addition, we conducted
a thorough review of material supplied
by the applicants, information from
other operators in Cook Inlet, our files
and datasets, data acquired from NMFS,
and published reference materials. We
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also consulted with other sea otter
experts in the Cook Inlet area, including
the Service and NMFS researchers and
local residents.
Limited evidence (Riedman 1983,
1984) suggests that sea otters are not
particularly sensitive to or adversely
affected by sound. Responses of sea
otters to disturbance would most likely
be diving and/or swimming away from
the sound source, which may entail the
temporary, but not sustained,
interruption of foraging, breeding,
resting, or other natural behaviors.
Thus, although 1,396 sea otters
(approximately 8 percent of the
population) are estimated to be
potentially taken (i.e., potentially
disturbed) by Level B harassment by
means of exposure to sound levels of
160dB re 1 mPa or greater but less than
190 dB for the duration of the project,
we do not expect that this type of
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harassment would result in adverse
effects on the species or stock through
effects on annual rates of recruitment or
survival.
Our finding of negligible impact
applies to incidental take associated
with the proposed activities as mitigated
through this authorization process.
These authorizations establish
monitoring and reporting requirements
to evaluate the potential impacts of the
proposed activities, as well as
mitigation measures designed to
minimize interactions with, and impacts
to, sea otters.
Impact on Subsistence
We find that the anticipated
harassment caused by the proposed
activities would not have an
unmitigable adverse impact on the
availability of sea otters for taking for
subsistence uses. In making this finding,
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we considered the timing and location
of the proposed activities and the timing
and location of subsistence harvest
activities and patterns, as reported
through the MTRP, in the proposed
project area, as well as the applicants’
consultation with potentially affected
subsistence communities. More
information can be found on our Web
site at https://www.fws.gov/alaska/
fisheries/mmm/iha.htm.
The Service finds that the proposed
activities will have a negligible impact
on small numbers of sea otters in
Southcentral Alaska and will not have
an unmitigable adverse impact on the
availability of the stock for subsistence
uses. Further, we have prescribed
permissible methods of take, means to
have the least practicable impact on the
stock and its habitat, and monitoring
requirements.
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Required Determinations
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National Environmental Policy Act
(NEPA)
We have prepared Environmental
Assessments (EA) in accordance with
the NEPA (42 U.S.C. 4321 et seq.). We
have concluded that approval and
issuance of these authorizations for the
nonlethal, incidental, unintentional take
by Level B harassment of small numbers
of northern sea otters (Enhydra lutris
kenyoni) in the Southcentral Alaska
stock during oil and gas industry
exploration activities in the lower Cook
Inlet of Alaska would not significantly
affect the quality of the human
environment, and that the preparation
of Environmental Impact Statements on
these actions is not required by section
102(2) of the NEPA or its implementing
regulations. For a copy of the EAs, go to
https://www.regulations.gov and search
for Docket No. FWS–R7–ES–2014–0031,
go to https://www.fws.gov/alaska/
fisheries/mmm/iha.htm, or contact the
individual identified above in FOR
FURTHER INFORMATION CONTACT.
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Endangered Species Act (ESA)
The proposed activities will occur
entirely within the range of the
Southcentral Alaska stock of the
northern sea otter, which is not listed as
threatened or endangered under the
ESA.
Government-to-Government Relations
With Native American Tribal
Governments
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government to Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, Department of the Interior
Secretarial Order 3225 of January 19,
2001 [Endangered Species Act and
Subsistence Uses in Alaska
(Supplement to Secretarial Order 3206)],
Department of the Interior Secretarial
Order 3317 of December 1, 2011 (Tribal
Consultation and Policy), Department of
the Interior Memorandum of January 18,
2001 (Alaska Government-toGovernment Policy), the Department of
the Interior’s manual at 512 DM 2, and
the Native American Policy of the U.S.
Fish and Wildlife Service, June 28,
1994, we readily acknowledge our
responsibility to communicate and work
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directly on a Government to
Government basis with federally
recognized Alaska Natives Tribes in
developing programs for healthy
ecosystems, to seek their full and
meaningful participation in evaluating
and addressing conservation concerns
for listed species, to remain sensitive to
Alaska Native culture, and to make
information available to Alaska Natives.
We have evaluated possible effects on
federally recognized Alaska Native
Tribes. Through the IHA process
identified in the MMPA, Industry
presents a communication process,
culminating in a Plan of Cooperation
(POC), if warranted, with the Native
communities most likely to be affected
and engages these communities in
numerous informational meetings.
Through various interactions and
partnerships, we have determined that
the issuance of these IHAs is
appropriate. We are open to discussing
ways to continually improve our
coordination and information exchange,
including through the IHA/POC process,
as may be requested by Tribes or other
Native groups.
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Proposed Authorization
The Service proposes to issue
BlueCrest Energy, Inc., Apache Alaska
Corporation, and SAExploration, Inc.,
LLC, individual IHAs for the nonlethal,
incidental, unintentional take by Level
B harassment of small numbers of
northern sea otters (Enhydra lutris
kenyoni) in the Southcentral Alaska
stock during industry exploration
activities in the lower Cook Inlet of
Alaska, as described in this document
and in their individual applications. We
neither anticipate nor propose
authorization for take by injury or death.
The final IHAs would be effective for 1
year after the date of issuance.
Authorization for incidental take
beyond the period specified in the final
IHA will require application for a new
IHA.
The final IHA for each applicant will
also incorporate the mitigation,
monitoring, and reporting requirements
described in this proposal. The
applicants will be expected and
required to implement and fully comply
with those requirements. These IHAs
will not authorize the intentional take of
northern sea otters, nor take by injury or
death.
If the nature or level of activity
changes or exceeds that described in
this proposal and in the individual
applications for IHAs, or the nature or
level of take exceeds that projected in
this proposal, the Service will
reevaluate its findings. The Secretary
may modify, suspend, or revoke these
authorizations if the findings are not
accurate or the mitigation, monitoring,
and reporting requirements described
herein are not being met.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Request for Public Comments
The Service requests interested
persons to submit comments and
information concerning these proposed
IHAs. Consistent with section
101(a)(5)(D)(iii) of the MMPA, we are
opening the comment period on this
proposed authorization for 30 days (see
DATES).
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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Dated: August 1, 2014.
Geoffrey L. Haskett,
Regional Director, Alaska Region.
[FR Doc. 2014–20618 Filed 8–28–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[DR.5A211.IA000413]
Renewal of Agency Information
Collection for Federal
Acknowledgment of Tribes
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Assistant Secretary—Indian Affairs is
submitting to the Office of Management
and Budget (OMB) approval for the
collection of information for Federal
Acknowledgment of Tribes. This
information collection is currently
authorized by OMB Control Number
1076–0104, which expires August 31,
2014.
SUMMARY:
Interested persons are invited to
submit comments on or before
September 29, 2014.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to: OIRA_
Submission@omb.eop.gov. Please send a
copy of your comments to R. Lee
Fleming, Director, Office of Federal
Acknowledgment, Assistant Secretary—
Indian Affairs, 1951 Constitution
Avenue NW., MS–34B SIB, Washington,
DC 20240; facsimile: (202) 219–3008;
email: Lee.Fleming@bia.gov.
FOR FURTHER INFORMATION CONTACT:
R. Lee Fleming, (202) 513–7650.
SUPPLEMENTARY INFORMATION:
DATES:
I. Abstract
The Assistant Secretary—Indian
Affairs held listening sessions in July
and August 2013 and consultation
sessions in July and August 2014 to
receive feedback on ways to improve the
Department’s process for acknowledging
an Indian tribe, as set forth in 25 CFR
83. The Assistant Secretary is currently
in the process of revising the process for
acknowledging an Indian tribe;
however, this request for extension for
this information collection request does
not include the suggestions and
feedback from the listening sessions and
consultations. To not stall or delay
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potential petitioners that may want to
submit this information, the Assistant
Secretary—Indian Affairs is requesting
an extension of the approval for the
information collection conducted under
25 CFR 83.
The information collection is
conducted under 25 CFR 83, to establish
whether a petitioning group has the
characteristics necessary to be
acknowledged as having a governmentto-government relationship with the
United States. Federal recognition
makes the group eligible for benefits
from the Federal Government. Approval
for this collection expires August 31,
2014. Three forms are used as part of
this information collection.
II. Request for Comments
The Assistant Secretary—Indian
Affairs requests your comments on this
collection concerning: (a) The necessity
of this information collection for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(b) The accuracy of the agency’s
estimate of the burden (hours and cost)
of the collection of information,
including the validity of the
methodology and assumptions used; (c)
Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
Before including your address, phone
number, email address or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
III. Data
OMB Control Number: 1076–0104.
Title: Documented Petitions for
Federal Acknowledgment as an Indian
Tribe, 25 CFR 83.
Brief Description of Collection:
Submission of this information allows
Office of Federal Acknowledgment
(OFA) to review applications for the
Federal acknowledgment of a group as
an Indian tribe. The acknowledgment
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Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Pages 51584-51600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20618]
[[Page 51584]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R7-ES-2014-0031;FF07CAMM00-FX-FR133707SEA00]
Marine Mammals; Incidental Take During Specified Activities;
Proposed Incidental Harassment Authorization
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received applications from Apache Alaska Corporation (Apache),
SAExploration, Inc., LLC (SAE), and BlueCrest Energy, Inc. (BlueCrest),
formerly Buccaneer Alaska Operations, LLC, for authorization under the
Marine Mammal Protection Act of 1972 (MMPA), as amended, to take small
numbers of northern sea otters from the Southcentral stock by
harassment incidental to proposed oil and gas exploration activities in
Cook Inlet, Alaska. In accordance with provisions of the MMPA, we
request comments on our proposed authorization for the applicant to
incidentally take, by harassment, small numbers of northern sea otters
from the Southcentral stock for a period of 1 year. We anticipate no
take by injury or death and include none in this proposed
authorization, which would be for take by harassment only.
DATES: Comments and information must be received by September 29, 2014.
ADDRESSES: Document availability: The incidental harassment
authorization applications, associated environmental assessments, and
supporting documentation, such as Literature Cited, are available for
viewing at https://www.fws.gov/alaska/fisheries/mmm/iha.htm or at
www.regulations.gov at Docket No. FWS-R7-ES-2014-0031.
Comment submission: You may submit comments on the proposed
Incidental Harassment Authorization and associated environmental
assessments by one of the following methods:
U.S. mail or hand-delivery: Public Comments Processing,
ATTN: FWS-R7-ES-2014-0031, U.S. Fish and Wildlife Service Headquarters,
MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803; or
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R7-
ES-2014-0031.
Please indicate to which document, the proposed Incidental
Harassment Authorization, or the environmental assessments, your
comments apply. We will post all comments on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Public
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: To request copies of the application,
the list of references used in the notice, and other supporting
materials, contact Craig Perham, 1-800-362-5148; Marine Mammals
Management, U.S. Fish and Wildlife Service, 1011 East Tudor Road,
Anchorage, AK 99503; or by email at craigperham@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA, as amended (16 U.S.C.
1371 (a)(5)(A) and (D)), authorize the Secretary of the Interior 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, provided that we make certain findings and either
issue regulations or, if the taking is limited to harassment, provide a
notice of a proposed authorization to the public for review and
comment.
We may grant authorization to incidentally take marine mammals if
we find that the taking will have a negligible impact on small numbers
of the species or stock(s), and will not have an unmitigable adverse
impact on the availability of the species or stock(s) for subsistence
uses. As part of the authorization process, we prescribe permissible
methods of taking, and other means of effecting the least practicable
impact on the species or stock and its habitat, and requirements
pertaining to the monitoring and reporting of such takings.
The term ``take,'' as defined by the MMPA, means to harass, hunt,
capture, or kill, or to attempt to harass, hunt, capture, or kill any
marine mammal. Harassment, as defined by the MMPA, means ``any act of
pursuit, torment, or annoyance which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild [the MMPA calls this
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 [the MMPA calls
this Level B harassment].''
The terms ``small numbers,'' ``negligible impact,'' and
``unmitigable adverse impact'' are defined in 50 CFR 18.27, the
Service's regulations governing take of small numbers of marine mammals
incidental to specified activities. ``Small numbers'' is defined as ``a
portion of a marine mammal species or stock whose taking would have a
negligible impact on that species or stock.'' However, we do not rely
on that definition here, as it conflates the terms ``small numbers''
and ``negligible impact,'' which we recognize as two separate and
distinct requirements. Instead, in our small numbers determination, we
evaluate whether the number of marine mammals likely to be taken is
small relative to the size of the overall population. ``Negligible
impact'' is defined 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.'' ``Unmitigable adverse
impact'' is defined as ``an impact resulting from the specified
activity (1) that is likely to reduce the availability of the species
to a level insufficient for a harvest to meet subsistence needs by (i)
causing the marine mammals to abandon or avoid hunting areas, (ii)
directly displacing subsistence users, or (iii) placing physical
barriers between the marine mammals and the subsistence hunters; and
(2) that cannot be sufficiently mitigated by other measures to increase
the availability of marine mammals to allow subsistence needs to be
met.''
Section 101(a)(5)(D) of the MMPA establishes an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals where the take
will be limited to harassment. Section 101(a)(5)(D)(iii) establishes a
45-day time limit for Service 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, we must either issue or deny issuance of
the authorization. We refer to these authorizations as Incidental
Harassment Authorizations (IHAs).
The Service has issued IHAs for sea otters in the past. These
include: three IHAs incidental to airport construction on Akun Island
and hovercraft operation between Akun Island and Akutan, Alaska (August
27, 2008 [73 FR 50634]; June 8, 2010 [75 FR 32497];
[[Page 51585]]
April 1, 2011 [76 FR 18232]); and one IHA incidental to construction
activities associated with a tidal wetlands restoration project on the
Elkhorn Slough National Estuarine Research Reserve in Monterey County,
CA (July 20, 2010 [75 FR 42121].
Summary of Requests
Apache Corporation
On April 15, 2014, the Service received an application from Apache
Corporation (Apache) to take, by harassment, northern sea otters from
the Southcentral stock (Enhydra lutris kenyoni; hereafter referred to
as sea otter) incidental to a three-dimensional (3D) nodal or ocean-
bottom node seismic survey program in State waters of lower Cook Inlet,
Alaska. Apache plans to conduct the seismic surveys, south of
Ninilchik, starting in mid-October 2014 during open water periods at
slack tides. The proposed seismic surveys would take place on Apache's
leases, which encompass approximately 4,882 square kilometers (km)
(1,885 square miles (mi)) in water depths of 0 to 128 meters (m) (0 to
420 feet (ft)) of onshore, transition (intertidal), and offshore zones
(Figure 1). These areas are identified in Apache's application as Area
2.
SAExploration, Inc.
On October 28, 2013, the Service received an application from
SAExploration, Inc. (SAE) for the taking, by harassment, of sea otters
from the Southcentral stock incidental to a 3D nodal or ocean-bottom
node seismic survey program in State and Federal waters in lower Cook
Inlet starting on December 1, 2014. The surveys will conclude before
the IHA expires. The proposed seismic survey would occur in the marine
waters of both upper and lower Cook Inlet. The survey area is divided
into two units: (1) Upper Cook Inlet, an area of 2,126 square km (821
square mi) beginning at Point Possession, to a line approximately 10 km
(6 mi) south of both the West Foreland and East Foreland; and (2) lower
Cook Inlet, a 1,808-square-km (698-square-mi) area beginning east of
Kalgin Island and running along the east side of lower Cook Inlet to
Anchor Point. We focused on the lower Cook Inlet area because sea
otters do not occur in upper Cook Inlet (Figure 1).
BlueCrest
On April 15, 2014, Buccaneer/BlueCrest Alaska Operations, LLC
(BlueCrest) submitted an IHA application to the Service requesting take
of small numbers of sea otters from the Southcentral stock during the
Cosmopolitan exploratory drilling program in lower Cook Inlet during
the November 1, 2014, through October 31, 2015, period. These two well
locations (Cosmopolitan State 1 and Cosmopolitan State
2; Figure 1) are within the State of Alaska Division of Land
Oil and Gas Lease 384403.
These applications are available as specified above in ADDRESSES.
Prior to issuing IHAs in response to these three requests, we must
evaluate the level of industrial activities described in the
applications, their associated potential impacts to sea otters, and
their effects on the availability of this species for subsistence use.
The information provided by the applicants indicates that oil and gas
activities projected over the next year will encompass onshore and
offshore exploration activities. The Service is tasked with analyzing
the impact that lawful industrial activities will have on sea otters
during normal operating procedures.
Description of the Specified Activities
Apache Corporation
Apache will perform the proposed seismic survey operations from
multiple vessels starting in mid-October 2014. Two source vessels will
be used, both equipped with compressors and 2,400-cubic-inch airgun
arrays. One source vessel also will be equipped with a 440-cubic-inch
shallow-water airgun array, which can be deployed at high tide in the
intertidal area in less than 1.8 m (5.9 ft) of water. Three shallow
draft vessels and one mitigation vessel will support cable/nodal
deployment and retrieval operations. One vessel will house and recharge
the receiver nodes, and two smaller jet boats will be used for
personnel transport and node support in the extremely shallow water of
the intertidal area. For additional information, such as vessel
specifications, see Apache's application (https://alaska.fws.gov/fisheries/mmm/itr.htm).
Apache anticipates conducting in-water survey operations 24 hours
per day. During each 24-hour period, seismic operations will be active;
however, in-water airgun activity can occur only during slack tides
because of the strong currents. In general, there are four slack tides
in a 24-hour period and airguns can typically operate for 2-3 hours
around each slack tide, yielding a maximum of 8-12 hours of airgun
operations in a given day.
The 2,400-cubic-inch airgun arrays and the 440-cubic-inch airgun
array will be used to obtain geological data during the survey. The
acoustic source level of the 2,400-cubic-inch airgun array was
predicted using an airgun array source model developed by JASCO Applied
Sciences. The 190, 180, and 160 dBrms re 1 [mu]Pa (standard
industry reference for sound pressure levels) isopleths were estimated
at three different water depths (5 m, 25 m, and 45 m; 16.4 ft, 82 ft,
147.6 ft) for nearshore surveys and at 80 m (262.5 ft) for channel
surveys. The distances to these thresholds for the nearshore survey
locations are provided in Table 1 and correspond to the three transects
modeled at each site in the onshore, nearshore, and parallel-to-shore
directions.
Table 1--Distances to Sound Thresholds for Nearshore Surveys for the 2014 Apache Seismic Survey, Lower Cook
Inlet, Alaska
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Distance in
Water depth at Distance in Distance in the parallel-
Sound level threshold (dB re 1 [micro]Pa) source the onshore the offshore to-shore
location (m) direction direction direction
(km) (km) (km)
----------------------------------------------------------------------------------------------------------------
160............................................. 5 0.85 3.91 1.48
25 4.70 6.41 6.34
45 5.57 4.91 6.10
190............................................. 5 0.28 0.33 0.33
25 0.35 0.36 0.44
45 0.10 0.10 0.51
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[[Page 51586]]
An acoustical positioning (or pinger) system will be used to
determine the geo-referenced positions of the nodes after they have
been placed on the seafloor. One device, the Scout Ultra-Short Baseline
Transceiver, operates at frequencies of 33-55 kilohertz (kHz) at a
maximum source level of 188 dB re 1 [mu]Pa at 1 m. The other device, an
LR Ultra-Short Baseline Transponder, operates at frequencies of 35-50
kHz at a source level of 185 dB re 1 [mu]Pa at 1 m. With respect to
these two sound sources, the Service will rely on the distance to the
Level B harassment threshold for sea otters estimated for the higher
sound pressure level of the two devices as provided by Apache.
Therefore, assuming a simple spreading loss of 20 log R (where R is
radius) with a source level of 188 dB, the distances to the 190 and 160
dB isopleths would be 1 m and 25 m (3.2 ft and 82 ft), respectively.
Another technique for locating the nodes in deeper water is called
Ocean Bottom Receiver Location, which uses a small volume airgun (10
cubic inches) firing parallel to the node line.
Apache will also conduct seismic survey activities in onshore and
intertidal areas that will be surveyed using nodal technology and
explosives as the sound source. To access the onshore drill sites,
Apache will use a combination of helicopter portable and tracked
vehicle drills. In September 2011, Apache conducted sound source
verification to characterize the underwater received sound levels
resulting from land-based explosives. Shot locations for the land-based
explosives were acoustically monitored to determine if underwater
received sound levels exceeded the harassment threshold of 160 dB re 1
[mu]Pa. Received levels detected by the real-time vessel-based data
logging systems located 3 km (1.86 mi) from the nearest shot hole were
well below the harassment threshold criterion of 160 dB re 1 Pa rms. A
detailed description of the proposed seismic survey activities in
onshore and intertidal areas can be found in Apache's Environmental
Assessment (EA).
SAExploration, Inc.
SAExploration plans to conduct 3D nodal or ocean-bottom node
seismic surveys in State and Federal waters within both upper and lower
Cook Inlet. The seismic acquisition in the lower Cook Inlet unit would
initially begin in December 2014, and start in the northern half of
their action area to avoid encounters with summering marine mammals
near Anchor Point. Completing this work in the lower Cook Inlet unit is
estimated to take 60 to 80 days.
Two source vessels will be used with multiple jet-driven shallow
draft vessels for deployment and retrieval of offshore recording
equipment. There will also be a housing vessel with a crew transfer and
mitigation vessels (see SAE's EA for more details regarding
specifications of these vessels). The components of the project include
laying nodal recording sensors (nodes) on the ocean floor, operating
seismic source vessels towing active airgun arrays, and retrieval of
nodes.
SAExploration's seismic surveys will primarily utilize a 1,760-
cubic-inch sleeve airgun array, although 440- or 880-cubic-inch arrays
may be used in shallow water locations. The configuration of each array
is outlined in SAE's application (https://alaska.fws.gov/fisheries/mmm/itr.htm). The arrays will be centered approximately 15 m (50 ft) behind
the source vessel, at a depth of 4 m (12 ft), and towed along
predetermined source lines at speeds between 7.4 and 9.3 km per hour (4
and 5 knots). SAE proposes to operate two vessels with full arrays,
operating simultaneously in an alternating shot mode; one vessel
shooting while the other is recharging. Shot intervals are expected to
be about 8 to 10 seconds for each array, resulting in an overall shot
interval of 4 to 5 seconds, considering the two simultaneous arrays.
Actual daily shooting will be confined to 2 to 3 hours at each slack
tide occurring during daylight hours, or about 8 to 10 hours at most in
a given day. Based on the manufacturer's specifications, the 1,760-
cubic-inch array has a peak-to-peak estimated sound source of 254.55 dB
re 1 [mu]Pa at1 m.
SAExploration's marine seismic operations will be based on a
``recording patch'' or similar approach. Patches will contain groups of
6 receiver lines and 32 source lines. Each receiver line has
submersible marine nodes tethered equidistant (50 m; 165 ft) from each
other along the length of the line. Each node will contain three
velocity sensors and a hydrophone. The receiver lines will be
approximately 8 km (5 mi) in length, and spaced approximately 402 m
(1,320 ft) apart. Each receiver patch will cover approximately 19.4
square km (7.5 square mi) in area. The receiver patches will be
oriented such that the receiver lines run parallel to the shoreline.
Source lines, 12 km (7.5 mi) long and spaced 502 m (1,650 ft)
apart, will run perpendicular to the receiver lines and, where
possible, will extend approximately 5 km (3 mi) beyond the outside
receiver lines and approximately 4 km (2.5 mi) beyond each of the ends
of the receiver lines. The outside dimensions of the maximum shot area
during a patch shoot will be 12 km by 16 km (7.5 mi by 10 mi) and all
shot areas will be wholly contained within the 1,808-square-km (698-
square-mi) survey box. Shot intervals along each source line will be 50
m (165 ft).
It may take a period of 3 to 5 days to deploy, shoot, and record a
single receiver patch. During recording of one patch, nodes from the
previously surveyed patch will be retrieved, recharged, and data
downloaded prior to redeployment of the nodes to the next patch. As
patches are recorded, receiver lines are moved side to side or end to
end to the next patch.
Autonomous recording nodes lack cables but will be tethered
together using thin rope for ease of retrieval. This rope and nodes
will lay on the seabed surface. A GPS will be attached to the airgun
array for the primary vessel positioning. Nodes will be positioned
using pingers deployed from the node vessels. Patch geometry may be
modified during operations to improve sampling and operational
efficiency.
As mentioned above, an acoustical positioning (or pinger) system
will be used to position the nodes. A vessel-mounted transceiver
calculates the position of the nodes by measuring the range and bearing
from the transceiver to a small acoustic transponder fitted to every
third node. The transceiver uses sonar to interrogate the transponders,
which respond with short pulses that are used in measuring the range
and bearing. The system provides a precise location of every node as
needed for accurate interpretation of the seismic data. The transceiver
to be used is the Sonardyne Scout USBL, while transponders will be the
Sonardyne TZ/OBC Type 7815-000-06. Because the transceiver and
transponder communicate via sonar, they produce underwater sound
levels. The Scout USBL transceiver has a transmission source level of
197 dB re 1 [mu]Pa at 1 m and operates at frequencies between 35 and 55
kHz. The transponder produces short pulses of 184 to 187 dB re 1 [mu]Pa
at 1 m at frequencies also between 35 and 55 kHz.
BlueCrest Alaska Operations, LLC
BlueCrest proposes to conduct exploratory and delineation drilling
operations at two well locations in the Cosmopolitan Unit in Cook Inlet
during the 2014 summer drilling season until October 31, 2014. These
plans include exploratory gas-only drilling operations at Cosmopolitan
State 2, possible
[[Page 51587]]
delineation well drilling at either Cosmopolitan State 1 or
2, and possible deeper drilling for oil at either well
depending on permitting schedules.
Cosmopolitan 1 is located just off Cape Starichkof about
12.9 km (8 mi) north of Anchor Point (59[deg]53'12.87'' N/-
151[deg]52'57.71'' W; Figure 1) in approximately 24 m (78 ft) of water
at 4.8 km (3 mi) from shore. Cosmopolitan 2 is located 11.3 km
(7 mi) north of Anchor Point (59[deg]52'17.37'' N/-151[deg]51'55.09''
W; Figure 1) in about 16.5 m (54 ft) of water at 3.2 km (2 mi) from
shore. BlueCrest's project area also includes two routes between the
Port of Homer and Cosmopolitan.
Drill Rig
BlueCrest will conduct its exploratory drilling using the
Endeavour, an independent leg, cantilevered jack-up drill rig of the
Marathon LeTourneau Class 116-C that is capable of drilling to 7,620 m
(25,000 ft) in water depths from 4.6 to 91 m (15 to 300 ft).
The Endeavour will be mobilized from Port Graham, Alaska, to the
Cosmopolitan State 2 well site, a distance of about 50 km (31
mi), for drilling operations. Cosmopolitan 2 and 1
are located 1.6 km (1.0 mi) apart, and any subsequent moves between the
two sites will be limited. The rig will be towed between locations by
ocean-going tugs. Rig moves will be conducted in a manner to minimize
any potential risk regarding safety as well as cultural or
environmental impact.
Rig Support
Helicopters (twin turbine Bell 212 or equivalent) will be used to
transport personnel, groceries, and supplies to and from the rig. The
helicopter will be based at the Kenai Airport to support rig crew
changes and cargo handling. Fueling will take place at these
facilities. No helicopter refueling will take place on the rig.
Helicopter flights to and from the rig are expected to average two
per day. Flight routes will follow a direct route to and from the rig
location, and flight heights will be maintained 300 to 450 m (1,000 to
1,500 ft) above ground level to avoid harassment of marine mammals
(Richardson et al. 1995). The helicopter will be dedicated to the
drilling operation and will be available for service 24 hours per day.
A replacement helicopter will be available when major maintenance items
are scheduled. Supplies (fuel, drilling water, mud materials, cement,
casing, and well service equipment) will be staged onshore at the
Offshore Systems Dock. Required supplies and equipment will be moved
from the staging area by contracted supply vessels and loaded aboard
the rig when the rig is established on a drilling location.
Rig equipment will use diesel fuel or electricity. Personnel
associated with fuel delivery, transfer, and handling will be
knowledgeable of Industry Best Management Practices related to fuel
transfer and handling, drum labeling, secondary containment guidelines,
and the use of liners/drip trays. The jack-up rig will take on a
maximum fuel load prior to operations to reduce fuel transfers during
drilling. Commercial tank farms in the Nikiski or Kenai area will
supply fuel transported by barge as needed. The rig barge master will
be in charge of refueling and fluid transfers between the rig and fuel
barge, and subsequent transfers between tanks on the rig.
Drilling Program and Well Operations
BlueCrest proposes to drill at each well to bottom-hole depths of
approximately 2,100 to 4,900 m (7,000 to 16,000 ft). Drilling will take
approximately 30 to 75 days per well. Well testing will take another 7
to 15 days per well. When planned operations are completed, the wells
will be plugged and abandoned according to Alaska Oil and Gas
Conservation Commission regulations.
Blowout Prevention Program and Equipment
All operating procedures on the rig, whether automated or
controlled by company or contractor personnel, are specifically
designed to prevent a loss of well control. The primary method of well
control utilizes the hydrostatic pressure exerted by a column of
drilling mud of sufficient density to prevent an undesired flow of
formation fluid into the well bore. In the unlikely event that primary
control is lost, surface blowout prevention equipment would be used for
secondary control. BlueCrest will use a 5,000-pounds-of-pressure-per-
square-inch (psi) blowout prevention stack for shallow wells, and a
10,000- or 15,000-psi blowout prevention stack for drilling deeper
wells in higher pressure formations known to exist in Cook Inlet.
Drilling Fluids and Cuttings
Drilling wastes include drilling fluids, known as mud, rock
cuttings, and formation waters. Drilling wastes (non-hydrocarbon) will
be discharged into the waters of Cook Inlet under the approved Alaska
Pollution Discharge Elimination System (APDES) general permit.
Hydrocarbon drilling wastes will be delivered to an onshore permitted
location for disposal. BlueCrest will follow best management practices
to ensure that a sufficient inventory of barite and lost circulation
materials are maintained on the drilling vessel to minimize the
possibility of a well upset and the likelihood of a release of
pollutants to Cook Inlet waters. In accordance with the APDES general
permit for discharges of drilling muds and cuttings, BlueCrest will
conduct an Environmental Monitoring Study of relevant hydrographic,
sediment hydrocarbon, and heavy metal data before, during, and at least
1 year after drilling operations cease.
Non-drilling wastewater will also be discharged into Cook Inlet or
delivered to an onshore permitted location for disposal per the
approved APDES general permit. Non-drilling wastewater includes deck
drainage, sanitary waste, domestic waste, blowout preventer fluid,
boiler blowdown, fire control test water, bilge water, non-contact
cooling water, and uncontaminated ballast water.
Solid waste (e.g., packaging, domestic trash) will be classified,
segregated, and labeled as general, universal, and Resource
Conservation and Recovery Act exempt or nonexempt waste. It will be
stored in containers at designated accumulation areas until it is
packaged and palletized for transport to an approved onshore disposal
facility. No hazardous wastes should be generated as a result of this
project. However, if any hazardous wastes are generated, they would be
temporarily stored in an onboard satellite accumulation area and then
transported offsite for disposal at an approved facility.
Dates and Duration of Proposed Activity and Specific Geographical
Region
Apache plans to conduct seismic surveys south of Ninilchik from
approximately the middle of October 2014 through March or April 2015,
during open water periods at slack tides.
SAExploration, Inc.'s seismic surveys in lower Cook Inlet will
begin in December 2014 and start in the northern half of their action
area to avoid encounters with summering marine mammals near Anchor
Point. Completing this work in the lower Cook Inlet is estimated to
take 60 to 80 days.
BlueCrest's exploratory drilling at Cosmopolitan State 2
(north of Anchor Point) is expected to begin in November 2014 and
conclude in October 2015.
Distribution, Abundance, and Use of Sea Otters in the Area of Specified
Activity
Lower Cook Inlet is within the range of the Southcentral stock of
the northern
[[Page 51588]]
sea otter (Figure 2). The estimated abundance of the Southcentral sea
otter stock is approximately 18,000 sea otters. Approximately 6,900
otters from this stock are presumed to use Cook Inlet (USFWS 2014). The
approximate range of sea otters within the proposed area of specified
activity extends from Ninilchik along the eastern side of Cook Inlet to
the southeastern edge of the area near Anchor Point. Sea otters are
found within all water depths and distances from shore in the proposed
project areas in lower Cook Inlet. During Kenai Peninsula and Lower
Cook Inlet sea otter aerial surveys, Bodkin et al. (2003) found that
sea otters predominantly use the nearshore areas (>= 40 m; 131.2 ft)
due to increased foraging opportunities (Riedman and Estes 1990;
Schneider 1976). However, in waters of Cook Inlet and Bristol Bay
further from the nearshore area, numerous otters have been observed
rafting together transiting through the area (BlueCrest 2013; Schneider
1976). Sea otters do not regularly occur within the upper Cook Inlet;
thus, this area is not addressed in these proposed IHAs.
Within their range, sea otters do not use intertidal areas when
void of open water and onshore use is extremely limited. The survey
activities that will be conducted in the intertidal areas will occur
only when those areas contain residual water (i.e., slack tide) and
thus the Service has determined that the onshore and intertidal
portions of Apache's and SAE's seismic surveys will not likely interact
with, or impact, northern sea otters. Therefore, those seismic
activities and related operations are not addressed in these proposed
IHAs.
Biological Information for the Southcentral stock of northern sea
otters can be found in the Service's Stock Assessment Report (USFWS
2014) (https://www.fws.gov/alaska/fisheries/mmm/seaotters/reports.htm).
Potential Impacts of the Activities on Sea Otters
Understanding of the effects of sound from oil and gas exploration
and drilling activities (i.e., seismic, drilling, pile driving) on sea
otters is important for the health of sea otters and the development of
parameters by which sea otter takes can be established and monitored.
The three proposed actions from Apache, SAE, and BlueCrest have the
potential to disturb sea otters, particularly in protected waters in
nearshore habitats, which are used for resting, pup rearing, and
foraging.
Acoustic noise disturbance from underwater sound sources will be
the primary concern for sea otters. For Apache and SAE, the main
acoustic source of disturbance will be the airguns that will be
deployed from the source vessels. Other underwater sound sources
associated with the seismic surveys that could impact sea otters
include the pingers and transponders associated with positioning and
locating receiver nodes, and propeller noise from the vessel fleet. For
BlueCrest, airborne sound sources include rig towing, noise generated
from routine rig activities, and periodic air traffic. Routine boat
traffic noise produced by all operators will also generate airborne
sound. The Service believes that airborne sound sources will not exceed
160 dB (Level B harassment) and will not affect sea otters (Richardson
1995). Adherence to specified operating conditions for vessels and
aircraft will ensure that these airborne sound sources do not take sea
otters.
When disturbed by noise, otters may respond behaviorally (e.g.,
escape response) or physiologically (e.g., increased heart rate,
hormonal response; Harms et al. 1997, Tempel and Gutierrez 2003).
Either response results in a diversion from one biological activity to
another. That diversion may cause stress (Goudie and Jones 2004), and
it redirects energy away from fitness-enhancing activities such as
feeding and mating (Frid and Dill 2002). Other changes in activities as
a result of anthropogenic noise can include: Increased alertness;
vigilance; agonistic behavior; escape behavior; temporary or permanent
abandonment of an area; weakened reflexes; and lowered learning
responses (van Polanen Petel et al. 2006). Chronic stress can lead to
loss of immune function, decreased body weight, impaired reproductive
function, and abnormal thyroid function.
Despite the importance of understanding the effects of sound on sea
otters, very few controlled experiments or field observations have been
conducted to address this topic. Those studies that have been conducted
have concluded that sea otters are generally quite resistant to the
effects of sound, and that change to presence, distribution, or
behavior resulting from acoustic stimuli are rare (Ghoul et al. 2012a
and b; Reichmuth and Ghoul 2012; Riedman 1984). Additionally, when sea
otters have displayed behavioral disturbance to acoustic stimuli, they
quickly become habituated and resume normal activity (Ghoul et al.
2012b).
Disturbance From Vessel Traffic and General Operations
Sea otters generally show a high degree of tolerance and
habituation to shoreline activities and vessel traffic (Gill, USFWS,
Marine Mammals Management, pers. obs.), but disturbance may cause
animals to disperse from the local area. Populations of sea otters in
Alaska have been known to avoid areas with heavy boat traffic but
return to those same areas during seasons with less traffic (Garshelis
and Garshelis 1984). Sea otters in Alaska have shown signs of
disturbance (escape behaviors) in response to the presence and approach
of survey vessels, including: Diving and/or actively swimming away from
a boat; hauled-out otters entering the water; and groups of otters
disbanding and swimming in multiple different directions (Udevitz et
al. 1995). However, sea otters off the California coast showed only
mild interest in boats passing within hundreds of meters, and sea
otters in California appear to have habituated to boat traffic (Riedman
1983; Curland 1997). Their behavior is suggestive of a dynamic response
to disturbance, abandoning areas when disturbed persistently and
returning when the disturbance ceased. From the above research it is
likely that some degree of disturbance from vessel traffic associated
with the proposed actions will occur. Sea otters reacting to vessels
they encounter may consume energy and divert time and attention from
biologically important behaviors, such as feeding. However, these
disturbances are expected to be short term in duration, and this
potential short-term displacement is not anticipated to affect the
overall fitness of any individual animal. We also anticipate that
individual otters will habituate to the presence of project vessels and
associated noise. Boat traffic, commercial and recreational, is
constant in Cook Inlet. Some sea otters in the area of activity are
likely to become habituated to vessel traffic and noise caused by
vessels due to the existing continual traffic in the area. The
additional vessel activity that will occur related to these three
projects is not expected to substantially increase vessel noise or
activity in the action area above that which is already occurring.
Sea otter collisions with vessels associated with the proposed
project are unlikely. Tugs and barges are slow moving and pose little
risk of colliding with otters. Collisions between fast-moving vessels
do occur but are infrequent and are usually associated with impaired
animals (Gill, USFWS, Marine Mammals Management, pers. comm.). No fast
boat use is proposed, and it is unlikely that housing and crew transfer
vessels will impact otters.
[[Page 51589]]
Vessels proposed for use to transfer housing and crew can produce
noises exceeding 190 or 180 dB re 1 [mu]Pa when traveling at higher
speeds. However, the influence of this sound is limited to a distance
of 2 to 4 m (6.6 to 13.1 ft) from the vessel. Adherence to operating
conditions will ensure that these vessels do not take sea otters.
Disturbance From Noise
Effects of noise on marine mammals are highly variable and can be
categorized as: Tolerance; masking of natural sounds; behavioral
disturbance; temporary or permanent hearing impairment; and non-
auditory effects, such as female-pup separations (Richardson et al.
1995). Whether a specific noise source will cause harm and/or
disturbance to a sea otter depends on several factors, including the
distance between the animal and the sound source, the sound intensity,
background noise levels, the noise frequency (cycles per second; Hz
(hertz) or kHz), duration, if the noise is pulsed or continuous, and
whether the noise source originates in the aquatic or terrestrial
environment. For otters, behavioral reactions may be shown as: Changing
durations of surfacing and dives; changing direction and/or speed;
reduced/increased vocal activities; changing/cessation of socializing
or feeding; visible startle response; avoidance of areas where noise
sources are located; and/or flight response (e.g., otters flushing into
water from haulouts). The consequences of behavioral modification have
the potential to be biologically significant if the change affects
growth, survival, and reproduction.
Information regarding the northern sea otter's hearing abilities is
limited; however, the closely related southern sea otter (Enhydra
lutris nereis) has some information showing this subspecies' range of
hearing. Reichmuth and Ghoul (2012) tested the aerial (from airborne
sound sources) hearing capabilities of one male southern sea otter
believed to have typical hearing. The study revealed an upper frequency
hearing limit extending to at least 32 kHz and a low frequency limit
below 0.125 kHz. These results are generally consistent with comparable
data for other carnivores, including terrestrial mustelids. This range
is also similar to that of harbor seals (Phoca vitulina; Pinnipedia)
(0.075 to 30 kHz) (Kastak and Schusterman 1998, Hemil[auml] et al.
2006, Southall et al. 2007), which suggests pinnipeds may be a good
proxy for sea otters. Additionally, sea otters and harbor seals both
exhibit amphibious hearing and spend a considerable amount of time
above water, where they are not disturbed by airborne sound sources;
southern sea otters spend about 80 percent of their time at the sea
surface, whereas harbor seals may spend up to 60 percent of their time
hauled out of the water (Frost et al. 2001).
Riedman (1983) examined changes in the behavior, density, and
distribution of southern sea otters at Soberanes Point, California,
that were exposed to recorded noises associated with oil and gas
activity. The underwater sound sources were played at a level of 110 dB
and a frequency range of 50-20,000 Hz and included production platform
activity, drillship, helicopter, and semi-submersible sounds. Riedman
(1983) also observed the sea otters during seismic airgun shots fired
at decreasing distances from the nearshore environment (50, 20, 8, 3.8,
3, 1, and 0.5 nautical miles) at a firing rate of 4 shots per minute
and a maximum air volume of 4,070 cubic inches. Riedman (1983) observed
no changes in the presence, density, or behavior of sea otters as a
result of underwater sounds from recordings or airguns, even at the
closest distance of 0.5 nm (<1 km). Otters did, however, display slight
reactions to airborne engine noise. Riedman (1983) concluded that
seismic activities had no measurable effect on sea otter behavior. The
experiment was repeated the following year (Riedman 1984) with the same
results.
In another controlled study using prerecorded sounds, Davis et al.
(1988) exposed both northern sea otters in Simpson Bay, Alaska, and
southern sea otters in Morro Bay, California, to a variety of aerial
(airborne) and underwater sounds, including a warble tone, sea otter
pup calls, killer whale calls, airhorns, and an underwater acoustic
harassment system designed to drive marine mammals away from crude oil
spills. The sounds were projected at a variety of frequencies, decibel
levels, and intervals. The authors noted that certain acoustic stimuli
could cause a startle response and result in dispersal. However, the
disturbance effects were limited in range (no responses were observed
for otters approximately 100-200 m (328-656 ft) from the source of the
stimuli), and habituation to the stimuli was generally very quick
(within hours or, at most, 3-4 days).
The National Marine Fisheries Service (NMFS) has developed noise
thresholds used to measure injury for pinnipeds (i.e., on Temporary
Threshold Shift (TTS) and Permanent Threshold Shift (PTS)). Sea otter
specific thresholds have not been determined; however, because of their
biological similarities, we assume that noise thresholds developed by
NMFS for injury for pinnipeds will be a surrogate for sea otter impacts
as well. When PTS occurs, there is physical damage to the sound
receptors in the ear. Severe cases can result in total or partial
deafness. In other cases, the animal has an impaired ability to hear
sounds in specific frequency ranges (Kryter 1985).
The noise thresholds established by NMFS for preventing injury to
pinnipeds were developed as precautionary estimates of exposures below
which physical injury would not occur. There is no empirical evidence
that exposure to pulses of airgun sound can cause PTS in any marine
mammal, even with large arrays of airguns (Southall et al. 2007).
However, given the possibility that mammals close to an airgun array
might incur at least mild TTS in the absence of appropriate mitigation
measures, researchers have speculated about the possibility that some
individuals occurring very close to airguns might incur PTS (e.g.,
Richardson et al. 1995).
Single or occasional occurrences of mild TTS are not indicative of
permanent auditory damage, but repeated or (in some cases) single
exposures to a level well above that causing TTS onset might elicit
PTS. By means of preventing the onset of TTS, it is highly unlikely
that marine mammals could receive sounds strong enough (and over a
sufficient duration) to cause permanent hearing impairment. These
thresholds estimate that take in the form of PTS may occur when
pinnipeds are exposed to sound pressure levels above 190 dB (Level A
take; injury). NMFS thresholds indicate that take in the form of TTS
can occur at levels above 160 dB (Level B; harassment) (all decibel
(dB) levels given herein are re: 1 [micro]Pa RMS). Until specific sea
otter thresholds are developed for both Level A and Level B harassment
and injury, the use of NMFS thresholds for pinnipeds as a proxy for
otters remains the best available information. NMFS's thresholds are
further described and justified in NOAA (2005), NOAA (2006), NOAA
(2008), and Southall et al. (2007) for our analysis.
In conclusion, using information available for other marine mammals
as a surrogate, and taking into consideration what is known about sea
otters, the Service has set the received sound level under water of 160
dB re 1 [mu]Pa (rms) as a threshold for Level B take by disturbance for
sea otters for this proposed IHA (Ghoul and Reichmuth 2012a and b,
McShane et al. 1995, NOAA 2005, Riedman 1983, Richardson
[[Page 51590]]
et al. 1995). Exposure to unmitigated noise levels in the water greater
than 160 dB re 1 [mu]Pa (rms) will be considered by the Service as
potentially injurious Level A take; and levels above 190 dB re 1 [mu]Pa
(rms) are defined as the Level A take threshold for sea otters. Level A
take will not be authorized and will be avoided through mitigation
measures.
Seismic Operations
Sound reception studies by Ghoul and Reichmuth (2012b) determined
that sea otters effectively hear between 125 Hz and 32 kHz, or above
the range where most seismic energy is produced. Thus, sea otters
appear to have limited hearing of seismic airguns (especially compared
to humans with effective hearing down to 20 Hz). To the extent that sea
otters can detect seismic noise, the potential effects of Apache's and
SAE's proposed activities are described below.
Apache's seismic survey has the potential to affect sea otters with
sound generated by the seismic airguns, active acoustic sources for
surveys (i.e., pingers), and vessel transit. The seismic airguns used
by Apache are two 2,400-cubic-inch airgun arrays. The acoustic source
level of the 2,400-cubic-inch airgun arrays was predicted using the
JASCO Applied Science air array source model. Two general survey
environment scenarios were considered for the modeling study: A
nearshore (from shore out to 18 km (11 mi) offshore) and a channel
survey scenario (more than 18 km (11 mi) from shore). Results from this
study can be found in Apache's EA. Mitigation measures are in place to
reduce the acoustic impacts to sea otters. Vessel-based Protected
Species Observers will monitor sea otters during all daylight airgun
operations. To prevent Level A take of sea otters, airgun activity will
shut down if a sea otter approaches within 500 m (1,640 ft) from the
source vessel.
The seismic airguns that will be used during SAE's Cook Inlet
operation have the potential to acoustically injure marine mammals at
close proximity. As no sound levels have been effectively measured to
establish the threshold where injury caused by an acoustic source
exists, the 190-dB criterion for seals applies most closely to sea
otters given their more similar natural history than compared to
cetaceans. To avoid exposing marine mammals to these received noise
levels, safety zones will be established based on the zones of impact
(the area ensonified by a specific sound level) for the 440- (221.1 dB
source), 880- (226.86 dB source) and 1,760- (236.55 dB source) cubic-
inch airgun arrays. Based on the transmission losses empirically
measured for similar arrays by Collins et al. (2007) in Cook Inlet
(18.4 Log (R) + 0.00188R), the distances to the 190- and 180-dB
isopleths (safety zone radii) are described in Table 2. Qualified
protected species observers will be deployed aboard the seismic vessels
to monitor the safety zones (see SAE's EA for a more detailed
description) and alert operations to shut down at the approach of a
marine mammal to these safety zones, (including a sea otter to the 190-
dB safety zone 315-m radius (1,033 ft)).
Warner and McCrodan (2011) modeled the distances to the 190- and
180-dB isopleths from the same vessels to be used in this project while
they were towing a 2,400-cubic-inch array in Cook Inlet. The maximum
safety radii were 360 m (1,181 ft; 190 dB) and 1,070 m (3,510 ft; 180
dB), which correspond well to the numbers in Table 2 given that the
2,400-cubic-inch array is larger than the 1,760-cubic-inch array. Sound
source verification of the 1,760-cubic-inch array will be conducted
soon after operations begin, and the safety radii adjusted as needed.
Table 2--Safety Zone Radii for Pinnipeds (190 dB) and Cetaceans (180 dB) for Each Airgun Array
----------------------------------------------------------------------------------------------------------------
Source level
Array (cubic inch) (dB) 190 dB radius (m) 180 dB radius (m)
----------------------------------------------------------------------------------------------------------------
440.................................................... 221.1 49 165
880.................................................... 226.86 99 327
1,760.................................................. 236.55 315 948
----------------------------------------------------------------------------------------------------------------
While the pingers and transponders to be used by SAE will be used
to relocate nodes, their generated source sound levels (185 to 193 dB)
exceed Level A criteria, but only at a very limited radius distance of
0 to 6 m (0 to 20 ft). Marine mammal observers and operators will,
however, ensure that no marine mammals are in the immediate vicinity
before deploying active pingers and transponders.
Both the transceiver and the transponders for Apache's and SAE's
projects produce noise levels just above the most sensitive hearing
range of sea otters (0.125 to 32 kHz) (Ghoul and Reichmuth 2012a and
b). Further, given the low acoustical output of the transceiver and the
transponders, the range of acoustical harassment to marine mammals is
measured to be approximately 100 m (328 ft), which is significantly
less than the output from the airgun arrays. In addition, the noise
produced is not loud enough to reach injury levels in sea otters beyond
9 m (30 ft). Sea otters are likely to respond to transceiver and
transponder transmission similar to airgun pulses, but only when
underwater and very close (a few meters away) to the sources, which is
very unlikely to occur given the boat activity involved.
Acoustic noise can also result from explosive charges used for
seismic activity. Marine mammals close to underwater detonations of
high explosives can be killed or severely injured, where the auditory
organs are especially susceptible to injury (Ketten et al. 1993, Ketten
1995). No underwater detonations are expected to occur in the action
area, although Apache plans to use explosives in the nearshore
intertidal area during slack tides. No sea otters are expected to occur
in this intertidal area, and the Service does not anticipate sea otters
to interact with this portion of Apache's activity.
Seismic operations could also cause behavioral effects on sea
otters. For example, severe disturbance from seismic noise or
activities could cause female-pup separations, male territory
abandonment, male territory shifts and conflicts between territories,
breakup of rafts of nonbreeding males, and or movement by individual
otters out of nearshore areas into deeper water. These types of
displacement events, if they occurred, could have repercussions on
breeding success and/or survival due to increased risk of predation or
other adverse conditions. However, because sea otters spend relatively
large amounts of time above the water surface compared to other marine
mammals, sea otters' potential exposure to the underwater acoustic
stimuli, such as those associated with seismic surveys (Greene and
Richardson 1988), may be lower than that of other marine mammal species
(Richardson et al. 2011). As previously stated, studies have not
[[Page 51591]]
shown these kinds of dramatic responses when otters were exposed to
seismic operations, and, therefore, we have no reason to believe that
otters will exhibit any of these reactions during these activities.
The Service has never documented a stranding related to sound
exposure for sea otters in Cook Inlet (Gill, USFWS Marine Mammals
Management, pers. comm.). More directly, no strandings or sea otters in
distress were observed during the 2D test survey conducted by Apache in
March 2011 or reported by Cook Inlet inhabitants. To date, there is no
evidence that serious injury, death, or stranding of sea otters can
occur from exposure to airgun pulses, even in the case of large airgun
arrays. As a result, the Service does not expect any sea otters to
incur serious injury (Level A harassment) or mortality in Cook Inlet or
strand as a result of the proposed seismic survey.
Drilling Operations
For BlueCrest's drilling operation, two project components have the
potential to disturb sea otters: Driving the conductor pipe at each
well prior to drilling; and vertical seismic profiling (VSP) operations
that may occur at the completion of each well drilling.
As described in BlueCrest's application, the conductor pipe driving
and VSP are impulsive noise activities. Here the Level B disturbance
exposure to sound levels greater than 160 dB re 1 [mu]Pa-m (rms)
applies, and ``take'' is addressed relative to noise levels exceeding
160 dB, above which disturbance can occur until 190 dB, after which
potential injury can occur.
Conductor Pipe Driving
A conductor pipe is a relatively short, large-diameter pipe driven
into the sediment prior to the drilling of oil wells. This section of
tubing serves to support the initial sedimentary part of the well,
preventing the looser surface layer from collapsing and obstructing the
wellbore. The pipe also facilitates the return of cuttings from the
drill head. Conductor pipes are usually installed using drilling, pile
driving, or a combination of these techniques. In offshore wells, the
conductor pipe is also used as a foundation for the wellhead. BlueCrest
proposes to drive approximately 90 m (300 ft) of 76.2-cm (30-inch)
conductor pipe at Cosmopolitan 2 (and any associated
delineation wells) prior to drilling using a Delmar D62-22 impact
hammer. This hammer has impact weight of 6,200 kg (13,640 pounds) and
reaches maximum impact energy of 224 kilonewton-m (165,215 foot-pounds)
at a drop height of 3.6 m (12 ft).
Blackwell (2005) measured the noise produced by a Delmar D62-22
driving 91.4-cm (36-inch) steel pipe in Cook Inlet and found sound
pressure levels to exceed 190 dB re 1[micro]Pa-m (rms) at about 60 m
(200 ft), 180 dB re 1[micro]Pa-m (rms) at about 250 m (820 ft), and 160
dB re 1[micro]Pa-m (rms) at just less than 1.9 km (1.2 mi). Each
conductor pipe driving event is expected to last 1 to 3 days, although
actual noise generation (pounding) would occur only intermittently
during this period. It is anticipated that sea otters will move away
from any sound disturbance caused by the pipe driving or become
habituated by it.
Vertical Seismic Profiling (VSP)
Once a well is drilled, accurate followup seismic data can be
collected by placing a receiver at known depths in the borehole and
shooting a seismic airgun at the surface near the borehole. This
gathered data provides not only high-resolution images of the
geological layers penetrated by the borehole, called vertical seismic
profiling (VSP), but it can also be used to accurately correlate (or
correct) the original surface seismic data.
BlueCrest intends to conduct VSP operations at the end of drilling
each well using an array of airguns with total volumes of between 9.83
and 14.42 liters (600 and 880 cubic inches). Each VSP operation is
expected to last less than 1 or 2 days. Assuming a 1-m source level of
227 dB re 1[micro]Pa (based on manufacturer's specifications) for a
14.42-liter (880-cubic-inch) array and using Collins et al.'s (2007)
transmission loss model for the Cook Inlet (18.4 Log(R)--0.00188R), the
190-dB radius (Level A take threshold for pinnipeds and surrogate for
sea otters) from source was estimated at 100 m (330 ft), and the 160-dB
radius (Level B disturbance take threshold for all sea otters) at 2.46
km (1.53 mi). These were the initial injury and safety zones
established for monitoring during a VSP operation conducted by
Buccaneer at Cosmopolitan State 1 during July 2013.
Illingworth and Rodkin (2013) measured the underwater noise levels
associated with the July 2013 VSP operation using an 11.8-liter (720-
cubic-inch) array and found the noise exceeding 160 dB re 1 [mu]Pa
(rms) extended out 2.47 km (1.56 mi) or virtually identical to the
modeled distance. The measured radius to the 190-dB level was 75 m (246
ft) and to the 180-dB level was 240 m (787 ft). The best fit model for
the empirical data was 227 -19.75 log(R)--0.0R (Illingworth and Rodkin
2013).
Exploratory Drilling and Standard Operation
The jack-up drilling rig, Endeavour, is not expected to impact
otters. Lattice-legged jack-up drill rigs are relatively quiet because
the lattice legs limit transfer of noise generated from the drilling
table to the water (Richardson et al. 1995, Spence et al. 2007).
Further, the drilling platform and other noise-generating equipment are
located above the ocean surface, so there is very little surface
contact with the water compared to drill ships and semi-submersible
drill rigs. For example, the Spartan 151, the only other jack-up
drilling rig operating in the Cook Inlet, was hydro-acoustically
measured by Marine Acoustics, Inc. (2011) while operating in 2011. The
survey results showed that continuous noise levels exceeding 120 dB re
1[micro]Pa extended out only 50 m (164 ft), and that this noise was
largely associated with the diesel engines used as power generators.
The Endeavour was hydro-acoustically tested during drilling activities
by Illingworth and Rodkin (2013) in May 2013, while the rig was
operating at Cosmopolitan State 1. The results from the sound
source verification indicated that noise generated from drilling or
generators were below ambient noise. The generators used on the
Endeavour are mounted on pedestals specifically to reduce noise
transfer through the infrastructure, and they are enclosed in an
insulated engine room. In addition, the submersed deep-well pumps that
cool the generators and charge the fire-suppression system also
generate noise levels exceeding 120 dB re 1[micro]Pa out a distance of
approximately 300 m (984 ft). However, the Service does not anticipate
that this level of noise will impact sea otters. Thus, neither actual
drilling operations nor running generators on the Endeavour drill rig
generates underwater noise levels exceeding 120 dB re 1[micro]Pa.
For this IHA analysis, acoustical injury to sea otters can occur if
received noise levels exceed 190 dB re 1 [mu]Pa (rms). This is
classified as a Level A take (injury), which is not authorized by IHAs.
The towing, drilling, and pump operations to be used during BlueCrest's
program do not have the potential to acoustically injure marine mammals
(see Section 6 of the BlueCrest application). Therefore, no shutdown
safety zones will be established for these activities. However, the
conductor pipe driving and VSP operations do generate impulsive noises
exceeding 190 dB re 1 [mu]Pa (rms). Based on the estimated distances to
the 190-dB isopleth addressed above, a 60-m (200-foot)
[[Page 51592]]
shutdown safety zone will be established and monitored during conductor
pipe driving (at least until the noise levels are empirically
verified), while a 75-m (246-ft) shutdown safety zone will be monitored
during VSP operations. Sea otters may be disturbed at noise levels
between 160 dB to 190 dB, where disturbance can occur (Level B
harassment) out to approximately 0.75 km (2.5 mi). If these takes
occur, they are likely to result in nothing more than short-term
changes in behavior.
Estimated Take of Sea Otters
As described earlier, the Service anticipates that incidental take
will occur during Cook Inlet oil and gas activities conducted by
Apache, SAE, and BlueCrest. In the sections below, we estimate take by
harassment of the numbers of sea otters from the Southcentral stock
that are likely to be affected during the proposed activities.
Sound Levels
As noted earlier, there is a lack of information available
regarding the impacts of noise disturbance on sea otters. However, by
using information available for other marine mammals as a surrogate,
and taking into consideration what is known about sea otters, the
Service has set the received sound level under water of 160 dB re 1
[mu]Pa (rms) as a threshold for Level B take by disturbance for sea
otters for this proposed IHA (Ghoul and Reichmuth 2012a and b, McShane
et al. 1995, NOAA 2005, Riedman 1983, Richardson et al. 1995). Exposure
to unmitigated noise levels in the water greater than 190 dB re 1
[mu]Pa (rms) will be considered by the Service as potentially injurious
Level A take threshold for sea otters. Level A take will not be
authorized and will be avoided through mitigation measures, such as
ramp-down or shut-down procedures when sea otters are observed in a
designated mitigation zone.
Population Size Estimate
The current estimate for the Southcentral Alaska stock of northern
sea otters is 18,297 (USFWS 2014). Aerial surveys in Kachemak Bay in
2002, 2007, and 2008, indicated that the sea otter population is
increasing. The rate of increase for the Cook Inlet portion of the
population is unknown because surveys have not been repeated; however,
it is assumed to be similar to that in Kachemak Bay. The estimated sea
otter population for Cook Inlet was, therefore, adjusted to allow for
population growth between 2002 and 2014 at the same rate as Kachemak
Bay. This rate was calculated by estimating least squares linear and
exponential trends for the 2002, 2007, 2008, and 2012 population
estimates. The linear model was selected based on model fit (R-
squaredlinear 0.98 vs. R-squaredexp 0.92). This
model predicted an annual population growth of 495 animals and an
estimated 2014 population size of 6,904 animals for Cook Inlet.
Density
The density of sea otters has been reported as either otters per
area or otters per length of linear coastline. Because sea otters
primarily forage nearshore in shallow water and rely on coastal
habitat, we calculated density per linear kilometer of coastline. The
length of the 2002 USGS survey coastline from which the Cook Inlet
population was estimated was 539.98 km. Using the estimated 2014
population size and applying that to the length of coastline; the
Service calculated a density of 12.79 (95 percent CI 6.5-19.08) otters
per kilometer of coastline (6,904/539.98 = 12.79). For the offshore
activities proposed by Blue Crest, we used observational data from 2013
to estimate the number of sea otters per day within the area that could
be observed from the drill rig. The estimate was based on the number of
sea otters observed from the Endeavor drilling rig during Buccaneer gas
exploration activities in 2013 by marine mammal monitors in the same
area and during the same proposed timeframe (BlueCrest 2013).
Estimation of Take for Seismic Programs
Incidental take of otters is estimated as the number of otters that
may be exposed to Level B harassment during the entire duration of the
project, as it has been described. No lethal take is expected, and all
take will be by harassment; therefore, individual animals may be taken
multiple times over the course of the project. The total estimated
number of takes is the number of otters multiplied by the number of
times each animal could potentially be taken. It does not account for
animals that may remove themselves from the impact area and thus avoid
repeated exposures. It also does not subtract animals that are harassed
early during the project but then become habituated to seismic sound at
levels below injury thresholds. The Service has no information on which
to base such adjustments to the calculation of total number of takes.
However, larger estimates of the total number of takes are expected for
projects with a larger impact area or longer duration. For these
reasons, the estimated total number of takes should be considered as a
useful metric for comparison rather than a precise measure of the
project's overall potential for impact. Our determination of small
numbers is based on the number of sea otters taken and not the number
of times a sea otter may be taken.
Method
The northern end of the seismic project areas extends beyond the
range of the sea otter. To determine the most northern range for sea
otters, all observations in middle and upper Cook Inlet proper (as
defined by areas north of Point Pogibshi and east of Chinitna Point)
reported during sea otter surveys or as incidental sightings during
Steller's eider (Larned 2004, 2006) and beluga whale surveys (Rugh et
al. 2006, Goetz et al. 2012) were compiled. To reduce the influence of
extralimital sightings, a minimum convex polygon containing 95 percent
of sea otter sightings was created, excluding 5 percent of sightings
with the greatest distance to the centroid. A buffer area was expanded
outside the project areas to show the farthest distances at which the
two seismic surveys could ensonify areas in the range of sea otters at
the 160-dB level. The buffer areas differed for Apache and SAE based on
the size of their gun arrays. Apache proposed to use a 2,400-cubic-inch
array, while SAE proposed to use a 1,760-cubic-inch array. The
estimated buffer for Apache's project area was 9.5 km (5.9 mi), while
SAE's buffer area was 4.75 km (2.9 mi).
Apache
The length of coastline that intersected the Apache project area
and the corresponding buffer were measured to estimate the length of
coastline along which otters are expected to occur and may be affected
by the seismic surveys. Applying the estimated density of 12.79 otters
per km of coastline to the length of the coastline (27.5 km; 17.1 mi)
yields a final estimate of approximately 351 otters that could be taken
(12.79 x 27.5 = 351; estimated 95 percent CI from 178 to 524 otters).
In addition, we estimated the total number of incidental takes of
otters based on Apache's description of survey time that would be spent
in each quadrant of the survey area. We calculated that approximately
19.25 percent of these surveys would occur within the probable range of
sea otters in Cook Inlet and within 9.5 km (5.9 mi) of the coast, where
sea otters are most likely to be found and could be affected by the
seismic surveys. The estimated total time spent in these areas was
approximately 3.27 survey days.
[[Page 51593]]
Allowing one take per otter, per survey day, yields 1,150 takes (3.27 x
351 = 1,150; estimated 95 percent confidence interval [CI] 584-1,715).
SAExploration, Inc.
The length of coastline that intersected the SAE project area, but
did not overlap with Apache seismic surveys, was buffered 4.75 km (2.95
mi) based on farthest distances at which seismic surveys are predicted
to ensonify an area using a model developed for Cook Inlet by Collins
et al. (2007). SAE's estimated total length of Cook Inlet coastline
where sea otters may be affected by the seismic surveys was 55.72 km
(34.6 mi). Applying the estimated density of 12.79 otters per km of
coastline to the length of the coastline for SAE's longer length of
coastline than Apache's yields an estimated 713 otters that could
possibly be taken (55.72 x 12.79 = 712.5; estimated 95 percent CI from
362 to 1,064 otters).
We further estimated the total number of takes for the duration of
SAE's project based on SAE's description of surveys. For this project
we calculated approximately 31.6 percent of SAE's surveys would occur
in the sea otter range in Cook Inlet and within 4.75 km (2.95 mi) of
the coast. We estimated the total time the seismic project would spend
in the calculated otter range was approximately 10.1 survey days. Due
to the slow rate of vessel speed and the planned layout of survey
transects, the length of the coastline affected each day would be less
than the total length of coastline within the SAE project area. To
calculate the maximum number of otters that could be taken per day, we
calculated the maximum length of impacted shoreline per day, times
density of otters per linear km of shoreline. The maximum shoreline
impact in a day would occur from a 12-km (7.46-mi) transect parallel to
shore. With buffers to allow for sound attenuation, a total of 21.5 km
(13.4 mi) maximum could be affected each day (4.75 + 12 + 4.75 = 21.5
km). An adjustment was made for the length of the coastline ensonified
each day by SAE because, unlike the Apache seismic project, the SAE
survey area is large enough that seismic ensonification would not
affect the entire section of coastline within the SAE project area and
would ensonify only a portion of the coastline at one time. For SAE,
allowing one take per otter per survey day and an estimated density of
12.76 otters per km, the maximum estimated daily take of otters is 275
(21.5 x 12.79 = 275). We estimated that the total number of takes after
10.1 survey days would be 2,778 takes (10.1 x 275 = 2,778; estimated 95
percent CI 1,412-4,145) would occur.
Estimation of Take for the Drilling Program
BlueCrest
The Service determined that the BlueCrest activities most likely to
result in the take of sea otters, as defined under the MMPA, are
conductor pipe driving (CPD) and vertical seismic profiling (VSP).
These activities will generate noise levels in the water that may cause
short-term, temporary, nonlethal, but biologically significant changes
in behavior to sea otters that the Service considers to be Level B take
by disturbance under the MMPA. Other proposed activities, such as rig
towing, noise generated from routine rig activities, routine boat
traffic, and periodic air traffic were considered to have a limited
potential for disturbance leading to Level B take. Adherence to
specified operating conditions will ensure that take does not occur.
The Service made these determinations, in part, based on information
provided in the application materials provided by BlueCrest, including
the application's Marine Mammal Monitoring and Mitigation Plan.
The proposed BlueCrest activities, previously discussed in detail,
will primarily occur in a limited area around the Endeavor jack-up
drilling rig at the Cosmopolitan 1 site. The Service used the
number of sea otters observed from the Endeavor drilling rig during
Buccaneer gas exploration activities in 2013 in the same area and
during the same proposed timeframe as a basis for estimating the
maximum number of otters likely to be in the area per day (BlueCrest
2013).
In 2013, an area of 210 m\2\ (2260 ft\2\) on the surface of the
water around the deep water pump was intensively observed for the
presence of sea otters (BlueCrest 2013). Given the high probability of
detection of sea otters in such a small area in direct proximity to the
rig, the Service used these observations as the basis for estimating
the presence of sea otters in the area for the 2014 operations. From
May to August (103 observation days), an average of 2.54 sea otters
were observed in the 210-m\2\ (2,260-ft\2\) area around the deepwater
pump.
The Service estimated the number of sea otters per day in a Zone of
Impact (ZOI) by multiplying the number of sea otters observed per day
in the deepwater pump observation area by the relative size of the 160
dB re 1 [mu]Pa (rms) ZOI of the CPD and VSP. For example, the VSP ZOI
is 19.2 km\2\ or 91.42 times larger than the deepwater pump observation
area: The otters per day is 91.42 x 2.54 = 232.23. We multiplied the
estimated number of sea otters per day by the number of days the
activity is proposed to occur and then, because the otters are rafting
through rather than foraging, we adjusted the number of otters
potentially exposed to these noise levels to account for the time sea
otters spend on the surface, which is approximately 70 percent and
based on observational surveys (Bodkin et al 2004, Estes et al 1986,
Riedman and Estes 1990, Walker et al. 2008, Yeates et al. 2007). The
estimate of potential Level A takes of sea otters is zero.
Conductor Pipe Driving
BlueCrest will use a Delmar D62-22 diesel impact hammer to drive
the 76.2-centimeter (30-inch) conductor pipe that was acoustically
measured earlier in Cook Inlet (Blackwell 2005). These measurements
found that noise in the water of approximately 190 dB re 1 [mu]Pa
extended to about 60 meters (200 feet) from the source, and noise in
the water of approximately 180 dB re 1 [mu]Pa extended to about 250
meters (820 feet) from the source. Noise in the water of approximately
160 dB re 1 [mu]Pa extended to just less than 1.9 kilometers (1.2
miles). Based on this, the associated Zone of Impact (ZOI) (area
ensonified by noise >160 dB re 1 [mu]Pa) is 11.3 square kilometers (4.4
square miles) for the CPD estimate.
Vertical Seismic Profiling
Noise levels during Buccaneer VSP operations at the Cosmopolitan
1 site were measured in July 2013 (Illingworth and Rodkin
2013). Measurements indicated that the 11.8-liter (720-cubic-inch)
airgun array used during the operation produced noise levels exceeding
160 dB re 1 [micro]Pa out to a distance of approximately 2,470 meters
(8,100 feet). Based on these results, the associated ZOI for this VSP
estimate is 19.2 square kilometers (7.4 square miles).
[[Page 51594]]
Table 3--Estimated Number of Level B Takes of Sea Otters From the Southcentral Stock by Proposed BlueCrest Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sea otter surface
BlueCrest activity Activity days Activity ZOI Estimated sea Estimated sea time adjustment
(Km\2\) otters per day otters exposed (70%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CPD...................................................... 3 11.3 136.68 410 123
VSP...................................................... 3 19.2 232.23 697 209
----------------------------------------------------------------------------------------------
Total................................................ 6 30.5 368.91 1107 332
--------------------------------------------------------------------------------------------------------------------------------------------------------
This method for estimating take differs from that used for
activities proposed by Apache and SAE. Due to the relatively stationary
nature of the BlueCrest activities, as well as the distance from shore,
the Service determined that utilizing an estimated density of sea
otters based on linear coastline, or based on density of otters in the
overall area, did not provide a reasonable estimate of potential takes
for the BlueCrest project. Both of those methods provided what the
Service considered to be unreasonably low estimates of take. The method
the Service adopted for this proposed IHA is most likely an
overestimate of take.
In conclusion, for the two seismic operations occurring in Cook
Inlet, Apache is estimated to have approximately 1,150 takes of 351
otters, while SAE is estimated to have approximately 2,778 takes of 713
otters; there may be some overlap of impact areas. In addition, Level B
take from the BlueCrest activities is estimated to be 332. The total
number of otters affected is likely to be 351 + 713 + 332 = 1,396 or
less. The Service believes all anticipated takes would be nonlethal
harassment involving short-term, temporary changes in behavior (Level B
harassment). The Service considers 1,396 sea otters, approximately 8
percent of the 18,297 sea otters estimated to occur in the Southcentral
Alaska stock (USFWS 2014), to be a small number. See Table 4 for
summary of takes.
Table 4--Summary of Estimated Takes
----------------------------------------------------------------------------------------------------------------
Number of takes (Level B Number of sea otters
Applicants harassment) taken
----------------------------------------------------------------------------------------------------------------
Apache...................................................... 1,150 351
BlueCrest................................................... 2,778 713
SAE......................................................... 332 332
---------------------------------------------------
Total................................................... 4,260 1,396
----------------------------------------------------------------------------------------------------------------
Potential Effects on Sea Otter Habitat
As described in greater detail previously, the oil and gas
exploration activities associated with these proposed IHAs are two
seismic surveys and one drilling operation. The primary potential
impacts to sea otters, and other marine species, are associated with
high-energy impulsive sound levels produced by these activities.
However, other potential impacts are also possible to the surrounding
habitat from physical disturbance, discharges, or an oil spill.
Since sea otters typically inhabit nearshore marine areas,
shoreline length is a readily available metric that can be used to
quantify sea otter habitat. The total length of shoreline within the
range of the Southcentral Alaska stock of northern sea otters is
approximately 2,575 km (1,600 mi), of which 540 km (335.5 mi) are
located within Cook Inlet. Of that, the total length of shoreline for
the proposed activities is approximately 84 km (52.2 mi), which is a
small percentage of the total shoreline habitat available to the
Southcentral sea otter stock.
Potential Impacts to Prey
In addition to the disturbances outlined above to sea otter habitat
from noise, these activities could affect sea otter habitat in the form
of impacts to prey species. The primary prey species for sea otters are
sea urchins, abalone, clams, mussels, crabs, and squid (Tinker and
Estes 1999). When preferential prey are scarce, otters will also eat
kelp crabs, clams, turban snails, octopuses, barnacles, sea stars,
scallops, rock oysters, fat innkeeper worms, and chitons (Riedman and
Estes 1990). Thus, the nearshore habitats where sea otters forage and
support these species are of utmost importance to Cook Inlet sea
otters.
From Seismic Surveys
Little research has been conducted on the effects of seismic
operations on invertebrates (Normandeau Associates, Inc. 2012).
Christian et al. (2003) concluded that there were no obvious effects
from seismic signals on crab behavior and no significant effects on the
health of adult crabs. Pearson et al. (1994) had previously found no
effects of seismic signals upon crab larvae for exposures as close as 1
m (3.3 ft) from the array, or for mean sound pressure as high as 231 dB
re 1 [micro]Pa. Squid and other invertebrate species have complex
statocysts (Nixon and Young 2003) that resemble the otolith organs of
fish that may allow them to detect sounds (Budelmann 1992). Normandeau
Associates, Inc. (2012) concluded that invertebrates are sensitive to
local water movements and to low-frequency particle accelerations
generated by sources in their close vicinity.
From Drill Rig Presence
The potential direct habitat impact by the BlueCrest drilling
operation is limited to the actual drill-rig footprint defined as the
area occupied and enclosed by the drill-rig legs. The jack-up rig will
temporarily disturb up to two offshore locations in upper Cook Inlet,
where the wells are proposed to be drilled. Bottom disturbance would
occur in the area where the three legs of the rig would be set down and
where the actual well would be drilled. The jack-up drill rig footprint
would occupy three steel piles at 14 m (46 ft) diameter. The well
casing would be a 76-cm (30-in) diameter pipe extending from the
[[Page 51595]]
seafloor to the rig floor. The casing would be in place only during
drilling activities at each potential well location. The total area of
disturbance was calculated by BlueCrest as 0.54 acres. The collective
2-acre footprint of the wells represents a very small fraction of the
entire Cook Inlet. Potential damage to the Cook Inlet benthic community
will be limited to the actual surface area of the three spud cans
(1,585 square ft each or 4,755 square ft total) that form the ``foot''
of each leg. Given the high tidal energy at the well site locations,
drilling footprints are not expected to support benthic communities
equivalent to shallow lower energy sites found in nearshore waters. The
presence of the drill rig is not expected to result in any direct loss
of sea otter habitat.
From Drilling Discharges
The drill rig will operate under an APDES general permit for
wastewater discharges. This permit authorizes discharges from oil and
gas extraction facilities engaged in exploration under the Offshore and
Coastal Subcategories of the Oil and Gas Extraction Point Source
Category (40 CFR part 435). Twelve effluents are authorized for
discharge into Cook Inlet once discharge limits set by the Alaska
Department of Environmental Conservation have been met. The authorized
discharges include drilling fluids and drill cuttings, deck drainage,
sanitary waste, domestic waste, blowout preventer fluid, boiler
blowdown, fire control system test water, uncontaminated ballast water,
bilge water, excess cement slurry, mud cuttings cement at sea floor,
and completion fluids. The drill rig will also be authorized under the
Environmental Protection Agency's (EPA's) Vessel General Permit for
deck washdown and runoff, gray water, and gray water mixed with sewage
discharges. Drilling wastes include drilling fluids, known as mud, rock
cuttings, and formation waters. Drilling wastes (non-hydrocarbon) will
be discharged to the Cook Inlet under the approved APDES general
permit.
Drilling wastes (hydrocarbon) will be delivered to an onshore
permitted location for disposal. BlueCrest will conduct an
Environmental Monitoring Study of relevant hydrographic, sediment
hydrocarbon, and heavy metal data from surveys conducted before and
during drilling mud disposal and at least 1 year after drilling
operations cease in accordance with the APDES general permit for
discharges of drilling muds and cuttings.
Non-drilling wastewater includes deck drainage, sanitary waste,
domestic waste, blowout preventer fluid, boiler blowdown, fire control
test water, bilge water, noncontact cooling water, and uncontaminated
ballast water. Non-drilling wastewater will be discharged into Cook
Inlet under the approved APDES general permit or delivered to an
onshore permitted location for disposal. Mud cuttings will be
constantly tested. Hydrocarbon-contaminated muds will be hauled
offsite. Solid waste (e.g., packaging, domestic trash) will be
classified, segregated, and labeled as general, universal, and Resource
Conservation and Recovery Act exempt or nonexempt waste. Solid waste
will be stored in containers at designated accumulation areas until it
can be packaged and transported to an approved onshore disposal
facility. Hazardous wastes should not be generated as a result of this
project. However, if any hazardous wastes are generated, they will be
temporarily stored in an onboard satellite accumulation area and then
transported offsite for disposal at an approved facility.
Discharging drill cuttings or other liquid waste streams generated
by the drilling rig--even in permitted amounts--could potentially
affect marine mammal habitat. Toxins could persist in the water column,
which could have an impact on marine mammal prey species. However,
despite a considerable amount of investment in research on exposures of
marine mammals to organochlorines or other toxins, no marine mammal
deaths in the wild can be conclusively linked to the direct exposure to
such substances (O'Shea 1999).
Drilling muds and cuttings discharged to the seafloor can lead to
localized increased turbidity and increase in background concentrations
of barium and occasionally other metals in sediments and may affect
lower trophic organisms. Drilling muds are composed primarily of
bentonite (clay), and the toxicity is, therefore, low. Heavy metals in
the mud may be absorbed by benthic organisms, but studies have shown
that heavy metals do not bio-magnify in marine food webs (Neff et al.
1989). Effects on benthic communities are nearly always restricted to a
zone within about 100 to 150 m (328 to 492 ft) of the discharge, where
cuttings accumulations are greatest. Discharges and drill cuttings
could impact fish by displacing them from the affected area. No water
quality impacts are anticipated from permitted discharges that would
negatively affect habitat for Cook Inlet sea otters.
Potential Impacts From an Oil Spill or Unpermitted Discharge
The probability of an oil spill from the proposed activities is
low. Potential sources would be a release from a support vessel or an
incident associated with BlueCrest's exploratory drilling (while the
target of that drilling is natural gas, there is still a remote
possibility of an oil spill). An oil spill or unpermitted discharge is
an illegal act; IHAs do not authorize takes of sea otters caused by
illegal or unpermitted activities.
If an oil spill did occur, the most likely impact upon sea otters
would be mortality due to exposure to and ingestion of spilled oil.
Also, contamination of sea otter habitat, their invertebrate prey, and
prey habitat would most likely result in a range of impacts ranging
from sublethal to lethal, depending on a wide variety of factors. Spill
response activities are not likely to disturb the prey items of sea
otters sufficiently to cause more than minor effects. Spill response
activities could cause sea otters to avoid contaminated habitat that is
being cleaned.
Based on the preceding discussion of potential types and likelihood
of impacts to sea otters, their prey, and habitat, the Service
anticipates that the proposed activities are not likely to cause more
than negligible, short-term, and temporary impacts to a small number of
sea otters and to a small fraction of sea otter habitat.
Potential Impacts on Subsistence Needs
According to the IHA applications, Apache, SAE, and BlueCrest have
contacted all potentially affected subsistence communities, and the
communities have expressed no concerns regarding the potential impacts
upon the availability of sea otters for subsistence use (see proposed
EAs at https://alaska.fws.gov/fisheries/mmm/itr.htm). Data from the
Service's Marine Mammal Marking, Tagging, and Reporting Program (MTRP)
indicates that the mean reported annual subsistence take from 2009
through 2013 from communities that reported harvest of sea otters in or
near the proposed project areas was 124 animals (USFWS MTRP unpub.
data). The number of sea otters harvested for subsistence in Cook Inlet
is relatively small compared to other areas. In addition, meetings with
affected communities held by the companies that discussed these
proposed activities did not reveal concern that these activities would
impact sea otters. Therefore, the Service anticipates no impacts on
subsistence uses of sea otters
[[Page 51596]]
will result from any of the proposed activities or from the issuance of
the proposed IHAs.
Proposed Mitigation Measures
Holders of an IHA must use methods and conduct activities in a
manner that minimizes to the greatest extent practicable adverse
impacts on sea otters, their habitat, and on the availability of sea
otters for subsistence uses. Adaptive management approaches, such as
temporal or spatial limitations in response to the presence of sea
otters in a particular place or time or the occurrence of sea otters
engaged in a particularly sensitive activity (such as feeding), must be
used to avoid or minimize interactions with sea otters, and subsistence
users of these resources.
We require holders of an IHA to cooperate with the Service and
other designated Federal, State, and local agencies to monitor the
impacts of oil and gas exploration activities on sea otters. The
following mitigation measures are proposed to be included in the
individual IHAs.
Operating conditions for operational and support vessels:
Operational and support vessels must be staffed with
trained and qualified observers to alert crew of the presence of sea
otters and initiate adaptive mitigation responses.
Vessel operators must take every precaution to avoid
harassment to sea otters when a vessel is operating near these animals.
Vessels must reduce speed and maintain a distance of 100 m
(328 ft) from all sea otters when practicable.
Vessels may not be operated in such a way as to separate
members of a group of sea otters from other members of the group.
When weather conditions require, such as when visibility
drops, vessels should adjust speed accordingly to avoid the likelihood
of injury to sea otters.
All vessels must avoid areas of active or anticipated
subsistence hunting for sea otters as determined through community
consultations.
We may require a monitor on the site of the activity or
onboard drillships, drill rigs, support vessels, aircraft, or vehicles
to monitor the impacts of an activity on sea otters.
Operating conditions for aircraft:
Operators of support aircraft must, at all times, conduct
their activities at the maximum distance possible from sea otters.
Fixed-wing aircraft must operate at an altitude no lower
than 91 m (300 ft) in the vicinity of sea otters.
Rotary winged aircraft (helicopters) must operate at an
altitude no lower than 305 m (1,000 ft) in the vicinity of sea otters.
When weather conditions do not safely allow the required
minimum altitudes stipulated above, such as during severe storms or
when cloud cover is low, aircraft may be operated at lower altitudes.
When aircraft are operated at altitudes below the required
minimum altitudes, the operator must avoid known sea otter locations
and should take precautions to avoid flying directly over these areas.
Aircraft routes must be planned to minimize any potential
conflict with active or anticipated sea otter subsistence hunting
activity as determined through community consultations.
Offshore seismic surveys:
Any offshore exploration activity expected to include the
production of pulsed underwater sounds with sound source levels >=160
dB re 1 [mu]Pa will be required to establish and monitor acoustic
exclusion and disturbance zones and implement adaptive mitigation
measures as follows:
Monitor zones. Establish and monitor with trained and
qualified observers an acoustically verified disturbance zone
surrounding seismic source arrays where the received level will be >=
180 dB re 1 [mu]Pa and an acoustically verified exclusion zone
surrounding seismic source arrays where the received level will be >=
190 dB re 1 [mu]Pa.
Ramp-up procedures. For all seismic surveys, including
airgun testing, use the following ramp-up procedures to allow marine
mammals to depart the disturbance zone before seismic surveying begins.
[cir] Visually monitor the disturbance zone and adjacent waters for
sea otters for at least 30 minutes before initiating ramp-up
procedures. If no sea otters are detected, you may initiate ramp-up
procedures. Do not initiate ramp-up procedures at night or when you
cannot visually monitor the disturbance zone for marine mammals.
[cir] Initiate ramp-up procedures by firing a single airgun. The
preferred airgun to begin with should be the smallest airgun, in terms
of energy output (dB) and volume (cubic inches).
[cir] Continue ramp-up by gradually activating additional airguns
over a period of at least 20 minutes, but no longer than 40 minutes,
until the desired operating level of the airgun array is obtained.
Power down/Shutdown. Immediately power down or shutdown
the seismic source array and/or other acoustic sources whenever one or
more sea otters are sighted close to or within the area delineated by
the 180 dB re 1 [mu]Pa disturbance zone. If the power down operation
cannot reduce the received sound pressure level to 160 dB re 1 [mu]Pa
or less, the operator must immediately shut down the seismic airgun
array and/or other acoustic sources.
Emergency shutdown. If observations are made or credible
reports are received that one or more sea otters are within the area of
the seismic survey and are indicating acute distress, such as any
injury due to seismic noise, the seismic airgun array will be
immediately shutdown and the Service contacted. The airgun array will
not be restarted until review and approval by the Service.
Monitoring and Reporting Requirements
Monitoring Requirements
Holders of an IHA will be required to:
Maintain trained and qualified onsite observers to carry
out monitoring programs for sea otters necessary for initiating
adaptive mitigation responses.
Place trained and qualified observers on board all
operational and support vessels to alert crew of the presence of sea
otters to initiate adaptive mitigation responses and to carry out
specified monitoring activities identified in the marine mammal
monitoring and mitigation plan necessary to evaluate the impact of
authorized activities on sea otters and the subsistence use of sea
otters.
Cooperate with the Service and other designated Federal,
State, and local agencies to monitor the impacts of oil and gas
exploration activities on sea otters.
Reporting Requirements
Holders of an IHA must keep the Service informed on the progress of
authorized activities by:
Notifying the Service at least 48 hours prior to the onset
of activities.
Providing weekly progress reports of authorized activities
noting any significant changes in operating state and or location.
Notifying the Service within 48 hours of ending activity.
Weekly Observation Reports
Holders of an IHA must report, on a weekly basis, observations of
sea otters during project activities. Information within the
observation report will include, but is not limited to:
Date, time, and location of each sighting.
[[Page 51597]]
Number, sex, and age (if determinable).
Observer name, company name, vessel name or aircraft
number, letter of authorization number, and contact information.
Weather, visibility, and sea conditions at the time of
observation.
Estimated distance from the animal or group when initially
sighted, at closest approach, and end of the encounter.
Industry activity at time of sighting and throughout the
encounter. If a seismic survey, record the estimated ensonification
zone where animals are observed.
Behavior of animals at initial sighting, any change in
behavior during the observation period, and distance from Industry
activity associated with those behavioral changes.
Detailed description of the encounter.
Duration of the encounter.
Duration of any behavioral response (e.g., diving,
swimming, splashing, etc.).
Mitigation actions taken.
Notification of Incident Report
Holders of an IHA must report to the Service within 24 hours:
Any incidental lethal take or injury of a sea otter due to
project activities; and
Observations of sea otters within prescribed disturbance
mitigation monitoring zones.
After-Action Monitoring Reports
The results of monitoring efforts identified in the marine mammal
monitoring and mitigation plan must be submitted to the Service for
review within 90 days of the expiration date of the IHA.
The report must include, but is not limited to, the following
information:
A summary of monitoring effort including: Total hours,
areas/distances, and distribution of sea otters through the project
area of each rig, vessel, and aircraft.
Analysis of factors affecting the visibility and
detectability of sea otters by specified monitoring.
Analysis of the distribution, abundance, and behavior of
sea otter sightings in relation to date, location, sea conditions, and
operational state.
Estimates of take based on the number of animals
encountered/km of vessel and aircraft operations by behavioral response
(no response, moved away, dove, etc.), and animals encountered per day
by behavioral response for stationary drilling operations.
Raw data in electronic format (i.e., Excel spreadsheet) as
specified by the Service in consultation with Industry representatives.
Sighting rates of marine mammals during periods with and
without airgun activities (and other variables that could affect
detectability).
Initial sighting distances versus airgun activity state
(firing, powered down, or shut-down).
Closest point of approach versus airgun activity state.
Observed behaviors and types of movements versus airgun
activity state.
Numbers of sightings/individuals seen versus airgun
activity state.
Findings
The Service proposes the following findings regarding this action:
Small Numbers Determination and Estimated Take by Incidental Harassment
For small take analysis, the statute and legislative history do not
expressly require a specific type of numerical analysis, leaving the
determination of ``small'' to the agency's discretion. Factors
considered in our small numbers determination include the following:
(1) The number of northern sea otters inhabiting the proposed
impact area is small relative to the size of the northern sea otter
population. The total number of sea otters that could potentially be
taken by harassment in association with the proposed activity is 1,396,
which is less than ten percent of the estimated population size of
18,297 (USFWS 2014).
(2) The area where the proposed activities would occur is a
relatively small fraction of the available habitat of the Southcentral
Alaska stock of northern sea otters. Since sea otters typically inhabit
nearshore marine areas, shoreline length is a readily available metric
that can be used to quantify sea otter habitat. The total length of
shoreline within the range of the Southcentral Alaska stock of northern
sea otters is approximately 2,575 km (1,600 mi), of which 540 km (335.5
mi) are located within Cook Inlet. Of that, the total length of
shoreline for the proposed activities is approximately 84 km (52.2 mi),
which is a small percentage of the total shoreline habitat available to
the Southcentral sea otter stock. Any potential impacts to prey caused
by the proposed activities would occur in the limited area of the
shoreline habitat.
(3) Monitoring requirements and mitigation measures are expected to
limit the number of incidental takes. Level A harassment (harassment
that has the potential to injure sea otters) is not authorized. If a
sea otter was observed within or approaching the 180 dB re 1 mPa
exposure area of the various gun arrays, avoidance measures would be
taken, such as decreasing the speed of the vessel and/or implementing a
power down or shutdown of the airguns. All nearshore vessel operations
associated with marine geophone placements would be monitored by onsite
observers. Power-up and ramp-up procedures would prevent Level A
harassment and limit the number of incidental takes by Level B
harassment by affording time for sea otters to leave the area.
Monitoring and mitigation measures are thus expected to prevent any
Level A harassment and to minimize Level B harassment. Further,
monitoring and reporting of sea otter activity in proximity to
activities will allow the Service to reanalyze and possibly refine and
adjust future take estimates as exploration activities continue in sea
otter habitat into the future.
The mitigation measures outlined above are intended to minimize the
number of sea otters that may be disturbed by the proposed activity.
Any impacts on individuals are expected to be limited to Level B
harassment and to be of short-term duration. No take by injury or death
is anticipated or authorized. Should the Service determine, based on
the monitoring and reporting to be conducted throughout the survey
activities, that the effects are greater than anticipated, the
authorization may be modified, suspended, or revoked.
Negligible Impact
The Service finds that any incidental ``take by harassment'' that
may result from this proposed seismic survey 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, and would, therefore, have no more than a negligible impact
on the stock. In making this finding, we considered the best available
scientific information, including: (1) The biological and behavioral
characteristics of the species; (2) the most recent information on
distribution and abundance of sea otters within the area of the
proposed activity; (3) the potential sources of short-term disturbance
during the proposed activity; and (4) the potential response of sea
otters to this short-term disturbance. In addition, we conducted a
thorough review of material supplied by the applicants, information
from other operators in Cook Inlet, our files and datasets, data
acquired from NMFS, and published reference materials. We
[[Page 51598]]
also consulted with other sea otter experts in the Cook Inlet area,
including the Service and NMFS researchers and local residents.
Limited evidence (Riedman 1983, 1984) suggests that sea otters are
not particularly sensitive to or adversely affected by sound. Responses
of sea otters to disturbance would most likely be diving and/or
swimming away from the sound source, which may entail the temporary,
but not sustained, interruption of foraging, breeding, resting, or
other natural behaviors. Thus, although 1,396 sea otters (approximately
8 percent of the population) are estimated to be potentially taken
(i.e., potentially disturbed) by Level B harassment by means of
exposure to sound levels of 160dB re 1 mPa or greater but less than 190
dB for the duration of the project, we do not expect that this type of
harassment would result in adverse effects on the species or stock
through effects on annual rates of recruitment or survival.
Our finding of negligible impact applies to incidental take
associated with the proposed activities as mitigated through this
authorization process. These authorizations establish monitoring and
reporting requirements to evaluate the potential impacts of the
proposed activities, as well as mitigation measures designed to
minimize interactions with, and impacts to, sea otters.
Impact on Subsistence
We find that the anticipated harassment caused by the proposed
activities would not have an unmitigable adverse impact on the
availability of sea otters for taking for subsistence uses. In making
this finding, we considered the timing and location of the proposed
activities and the timing and location of subsistence harvest
activities and patterns, as reported through the MTRP, in the proposed
project area, as well as the applicants' consultation with potentially
affected subsistence communities. More information can be found on our
Web site at https://www.fws.gov/alaska/fisheries/mmm/iha.htm.
The Service finds that the proposed activities will have a
negligible impact on small numbers of sea otters in Southcentral Alaska
and will not have an unmitigable adverse impact on the availability of
the stock for subsistence uses. Further, we have prescribed permissible
methods of take, means to have the least practicable impact on the
stock and its habitat, and monitoring requirements.
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Required Determinations
National Environmental Policy Act (NEPA)
We have prepared Environmental Assessments (EA) in accordance with
the NEPA (42 U.S.C. 4321 et seq.). We have concluded that approval and
issuance of these authorizations for the nonlethal, incidental,
unintentional take by Level B harassment of small numbers of northern
sea otters (Enhydra lutris kenyoni) in the Southcentral Alaska stock
during oil and gas industry exploration activities in the lower Cook
Inlet of Alaska would not significantly affect the quality of the human
environment, and that the preparation of Environmental Impact
Statements on these actions is not required by section 102(2) of the
NEPA or its implementing regulations. For a copy of the EAs, go to
https://www.regulations.gov and search for Docket No. FWS-R7-ES-2014-
0031, go to https://www.fws.gov/alaska/fisheries/mmm/iha.htm, or contact
the individual identified above in FOR FURTHER INFORMATION CONTACT.
Endangered Species Act (ESA)
The proposed activities will occur entirely within the range of the
Southcentral Alaska stock of the northern sea otter, which is not
listed as threatened or endangered under the ESA.
Government-to-Government Relations With Native American Tribal
Governments
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, Department of the
Interior Secretarial Order 3225 of January 19, 2001 [Endangered Species
Act and Subsistence Uses in Alaska (Supplement to Secretarial Order
3206)], Department of the Interior Secretarial Order 3317 of December
1, 2011 (Tribal Consultation and Policy), Department of the Interior
Memorandum of January 18, 2001 (Alaska Government-to-Government
Policy), the Department of the Interior's manual at 512 DM 2, and the
Native American Policy of the U.S. Fish and Wildlife Service, June 28,
1994, we readily acknowledge our responsibility to communicate and work
directly on a Government to Government basis with federally recognized
Alaska Natives Tribes in developing programs for healthy ecosystems, to
seek their full and meaningful participation in evaluating and
addressing conservation concerns for listed species, to remain
sensitive to Alaska Native culture, and to make information available
to Alaska Natives.
We have evaluated possible effects on federally recognized Alaska
Native Tribes. Through the IHA process identified in the MMPA, Industry
presents a communication process, culminating in a Plan of Cooperation
(POC), if warranted, with the Native communities most likely to be
affected and engages these communities in numerous informational
meetings.
Through various interactions and partnerships, we have determined
that the issuance of these IHAs is appropriate. We are open to
discussing ways to continually improve our coordination and information
exchange, including through the IHA/POC process, as may be requested by
Tribes or other Native groups.
[[Page 51600]]
Proposed Authorization
The Service proposes to issue BlueCrest Energy, Inc., Apache Alaska
Corporation, and SAExploration, Inc., LLC, individual IHAs for the
nonlethal, incidental, unintentional take by Level B harassment of
small numbers of northern sea otters (Enhydra lutris kenyoni) in the
Southcentral Alaska stock during industry exploration activities in the
lower Cook Inlet of Alaska, as described in this document and in their
individual applications. We neither anticipate nor propose
authorization for take by injury or death. The final IHAs would be
effective for 1 year after the date of issuance. Authorization for
incidental take beyond the period specified in the final IHA will
require application for a new IHA.
The final IHA for each applicant will also incorporate the
mitigation, monitoring, and reporting requirements described in this
proposal. The applicants will be expected and required to implement and
fully comply with those requirements. These IHAs will not authorize the
intentional take of northern sea otters, nor take by injury or death.
If the nature or level of activity changes or exceeds that
described in this proposal and in the individual applications for IHAs,
or the nature or level of take exceeds that projected in this proposal,
the Service will reevaluate its findings. The Secretary may modify,
suspend, or revoke these authorizations if the findings are not
accurate or the mitigation, monitoring, and reporting requirements
described herein are not being met.
Request for Public Comments
The Service requests interested persons to submit comments and
information concerning these proposed IHAs. Consistent with section
101(a)(5)(D)(iii) of the MMPA, we are opening the comment period on
this proposed authorization for 30 days (see DATES).
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: August 1, 2014.
Geoffrey L. Haskett,
Regional Director, Alaska Region.
[FR Doc. 2014-20618 Filed 8-28-14; 8:45 am]
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