[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Proposed Rules]
[Pages 55564-55567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28276]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 970725179-7237-02; I.D. 071497A]
RIN 0648-AK33
Taking and Importing Marine Mammals; Taking Ringed Seals
Incidental to On-Ice Seismic Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comment and information.
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SUMMARY: NMFS has received an application for renewal of a small take
exemption and implementing regulations from BP Exploration (Alaska)
(BPXA), on behalf of itself and several other oil exploration
companies, for a small take of marine mammals incidental to winter
seismic operations in the Beaufort Sea, AK. As a result of that
application, NMFS is proposing regulations that would renew an
authorization for the incidental taking of a small number of marine
mammals. In order to grant the exemption and issue the regulations,
NMFS must determine that these takings will have a negligible impact on
the affected species and stocks of marine mammals. NMFS invites comment
on the application and the proposed regulations.
DATES: Comments and information must be postmarked no later than
November 26, 1997.
ADDRESSES: Comments should be addressed to Chief, Marine Mammal
Division, Office of Protected Resources, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910-3226. A copy of the application and
Environmental Assessment (EA) may be obtained by writing to the above
address, or by telephoning one of the persons below (see FOR FURTHER
INFORMATION CONTACT).
Comments regarding the burden-hour estimate or any other aspect of
the collection of information requirement contained in this rule should
be sent to the above individual and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
NOAA Desk Officer, Washington, D.C. 20503.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-2055
or Brad Smith, Western Alaska Field Office, NMFS, (907) 271-5006.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS to allow, upon request, the incidental, but not intentional taking
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and regulations are issued.
Permission may be granted for periods of 5 years or less if NMFS
finds that the taking will have a negligible impact on the species or
stock(s) of marine mammals, will not have an unmitigable adverse impact
on the availability of these species for subsistence uses, and
regulations are prescribed setting forth the permissible methods of
taking and the requirements pertaining to the monitoring and reporting
of such taking. Specific regulations governing the taking of ringed
seals incidental to on-ice seismic activity, which were published on
January 13, 1993 (58 FR 4091), expire on December 31, 1997.
Summary of Request
On July 11, 1997, NMFS received an application for an incidental,
small take exemption under section 101(a)(5)(A) of the MMPA from BPXA,
on behalf of itself, ARCO Alaska, Inc., Northern Geophysical of
America, Inc. and Western Geophysical Co. to renew the incidental take
regulations found in 50 CFR part 216, subpart J (previously 50 CFR part
228, subpart B), that govern the taking of ringed seals (Phoca hispida)
incidental to seismic activities on the ice, offshore Alaska, for a
period of 5 years. The applicants state that these activities are not
likely to result in physical injuries to, and/or death of, any
individual seals. Because seals are
[[Page 55565]]
expected to avoid the immediate area around seismic operations, they
are not expected to be subject to potential hearing damage from
exposure to underwater or in-air sounds from the operations. Any
takings of ringed seals are anticipated to result from short-term
disturbance by noise and physical activity associated with the seismic
operations.
The scope of the petition is limited to pre-lease and post-lease
seismic exploration activities in state waters and the Outer
Continental Shelf in the Beaufort Sea, offshore Alaska, during the ice-
covered seasons. Because a minimum of 3 to 4 ft (.9-1.2 m) of ice is
required to safely support the weight of equipment, on-ice seismic
operations are usually confined to the 5-month period between January
through May. These seismic surveys will be conducted using two types of
energy sources: (1) Vibroseis, which uses large trucks with vibrators
mounted on them, that systematically put variable frequency energy into
the earth and (2) waterguns or airguns carried by a sleigh or other
vehicle. The vibroseis method is much more common. Over the next 5-year
period, the applicants expect that on-ice seismic activity will cover
approximately 22,500 line miles (mi)(3,610 kilometers (km)) or 4,500
line mi/yr (7,242 km/yr). This compares to 13,247 line mi (21,319 km)
in the aggregate or 1,305 to 4,903 line mi/yr (2,100 to 7,891 km/yr),
during the past 5-year period.
These regulations apply only to the incidental taking of ringed
seals and bearded seals (Erignathus barbatus) by U.S. citizens engaged
in seismic activities on the ice and associated activities in the
Beaufort Sea from the shore outward to 45 mi (72 km) and from Point
Barrow east to Demarcation Point and only from January 1 through May 31
of any calendar year. However, because bearded seals are normally found
in broken ice that is unsuitable for on-ice seismic operations, few, if
any, bearded seals will be impacted, and only ringed seals are expected
to be harassed incidental to the seismic surveys.
The incidental, but not intentional, taking of ringed and bearded
seals by U.S. citizens holding a Letter of Authorization (LOA) is
proposed to be permitted during the following: (1) On-ice geophysical
seismic activities using two types of energy sources (i.e., vibroseis
or waterguns or airguns), and (2) Operation of transportation and camp
facilities associated with seismic activities. Oil drilling activities
will not be covered under this regulation; such activities will need a
separate authorization under either section 101(a)(5)(A) or
101(a)(5)(D) of the MMPA.
Comments and Responses
On August 8, 1997 (62 FR 42737), NMFS published an advance notice
of proposed rulemaking on the application and invited interested
persons to submit comments, information, and suggestions concerning the
application and the structure and content of regulations, if the
application is accepted. Subsequent to the 30-day comment period on
this notice, no comments were received.
Description of Seismic Activities
``Hardwater'' marine geophysical surveys are conducted before and
after oil and gas leases are issued to gather information about
subsurface geology and are divided into two classes of surveys: deep
seismic and shallow hazard. Deep seismic surveys generally map strata
deep beneath the earth's surface (1,000 to 20,000 ft) (364-7,290 m) in
search of typical gas and oil-bearing geologic formations. Shallow
hazard surveys, also known as ``site clearance'' or ``high resolution''
surveys, are conducted to gather information on potential near-surface
hazards (0 to 1,000 ft)(0-364 m) which could be encountered in
exploratory drilling.
After leases are issued and drilling begins, seismic operations
shift from broad reconnaissance surveys to a combination of shallow
hazard surveys and more detailed exploratory work. Post-lease surveys
are limited to specific geographic areas or tracts that are of
interest. Because each tract is surveyed in greater detail, the line
density could increase although the geographic boundaries of the
surveyed area would be smaller. As each survey is limited to a
particular tract or prospect, future survey activity is anticipated to
be widely scattered.
Deep seismic and shallow hazard surveys use the ``reflection''
method of acquiring data. Information abut the earth's subsurface is
gathered by measuring acoustic (sound or seismic) waves that are
generated on or near the surface. The process involves using a
controlled energy source to generate acoustic waves that travel through
the earth (in this case, sea ice and water as well as geologic
formations beneath the sea) and ground sensors to record the reflected
energy transmitted back to the surface.
Several vehicles are normally involved in the vibroseis method of
collecting data. One or two vehicles with survey crews move ahead of
the operation to mark the energy input points. Bulldozers may move
ahead of the crew to prepare pathways for the vehicles. Typically, an
on-ice data-recording operation includes 4 to 5 vibrators, 4 to 5 cable
and sensor carriers, one recording vehicle and one vibrator tender. A
winter-run seismic exploration crew may include 40 to 60 people or up
to 110 people if a 3-dimensional survey is involved.
Acquiring seismic data by using airguns or waterguns is similar to
the vibroseis technique, but the sound source is compressed air or
water rather than vibrations. A detailed description of the methodology
for seismic data collection can be found in the BPXA application and is
not repeated here.
Marine Mammals
The Beaufort/Chukchi Seas support a diverse assemblage of marine
mammals including bowhead whales (Balaena glacialis), gray whales
(Eschrichtius robustus), belukha (Delphinapterus leucas), ringed seals,
spotted seals (Phoca largha), bearded seals, walrus (Odobenus rosmarus)
and polar bears (Ursus maritimus). Descriptions on the biology and
distribution of these species, and others, can be found in several
documents (BPXA 1996, Lentfer 1988, MMS 1992, NMFS 1990 and 1996, Small
and DeMaster 1995). The only marine mammal species under the
jurisdiction of NMFS that are anticipated being potentially taken by
harassment by this action are ringed seals and possibly a few bearded
seals. A description on the biology, distribution, and abundance of
ringed seals and bearded seals in Alaska can be found in BPXA's
application. Information on ringed seals can also be found in NMFS'
1992 EA on this action. Please refer to these documents for information
on this species. For information on polar bears, a species under the
jurisdiction of the U.S. Fish and Wildlife Service, please refer to
rulemaking actions by that agency (see for example, 58 FR 60402,
November 16, 1993, and 60 FR 42805, August 17, 1995).
Potential Impact of On-Ice Seismic Activities on Ringed Seals
Aerial survey data collected from 1970 through 1987 indicate that
ringed seal densities in the fast ice of the Beaufort Sea are highly
variable among years and among different sections from Point Barrow to
Barter Island. The highest observed overall average density of ringed
seals in the fast ice of the Beaufort Sea in any year has been 3.6
seals/nmi2. The reported inter-annual variability in overall
average density during 1970-87 was 0.96 to 3.57 seals/nmi2.
Based on an estimated
[[Page 55566]]
displacement due to seismic activity of 0.6 ringed seals/
nm2, the maximum number of ringed seals that might be
temporarily displaced annually in connection with 4,500 linear mi
(3,913 linear nautical mi (nmi)) of seismic surveys, assuming a random
distribution of seals, is 2,350 seals.
The impact of seismic activities would likely be confined to the
immediate vicinity of operations. Scientists conducted a ground
examination of ringed seals structures to determine their fate along
seismic and control lines and found no significant overall difference.
However, they reported a significant difference in the fates of
structures in relation to distance from seismic lines (within 150 m
(492 ft) of the shot line in comparison to greater distances). These
investigators concluded that displacement in close proximity (within
150 m (492 ft)) to seismic lines does occur, but based on data from
aerial surveys however, there has been no major displacement of seals
away from on-ice seismic operations as currently conducted in the
Beaufort Sea.
Additional factors reduce the probability of incidental take.
Portions of many of the seismic lines are likely to be on ice over
shallow water where ringed seals are either absent or present in low
numbers. Other parts of lines are likely to be within 2 mi (3.2 km) of
shore within favorable seal habitat, but where density of seals is
lowest. Within optimum seal habitat farther from shore, the seismic
operators avoid moderate and large pressure ridges because of concerns
for safety and normal operational constraints. Also, a significant
portion of the on-ice seismic lines and connecting ice roads is
expected to be laid out and explored during January and February when
many ringed seals are still transient.
These studies as well as subsequent observations, indicate that
some individual ringed seals in the immediate area of operations could
be temporarily displaced by on-ice seismic activities. However, given
the wide distribution of ringed seals and the relatively low density of
breeding seals in the Beaufort Sea, only small numbers of animals are
expected to be encountered. Therefore, while impacts might be
significant for individual animals (an abandoned pup, for example),
impacts are expected to be negligible for the overall ringed seal
population.
Potential Impact of On-Ice Seismic Activities on Habitat
Ringed seal habitat may be potentially affected by construction of
ice roads and camps, and removal of ice and snow along survey lines,
camps and roadways. Because the potential area affected represents only
a small part of the Beaufort Sea, and because ringed seal habitat is
restored annually, any impact would be localized and temporary. Habitat
restoration is often immediate, occurring during the first episode of
snow and wind that follows passage of the equipment. Periodic storms
are common in the Beaufort Sea region. Also, seismic crews do not place
energy sources over observed ringed seal lairs, and they do not
typically operate along pressure ridges where lairs are often located.
Because bearded seals are restricted to areas with cracks or other
openings in the ice, and, because on-ice seismic operations must avoid
these areas for safety reasons, few, if any, bearded seals will be
impacted by seismic operations. Any exposure would be limited to short
term and localized disturbance caused by noise with the possibility
that an animal might dive into the water as a result of that
disturbance.
Potential Impact of On-Ice Seismic Activities on Subsistence
On-ice seismic operations in the Beaufort Sea are not expected to
have an impact on subsistence uses of ringed seals. Reasons include:
(1) Subsistence harvests have declined over the past two decades as
Eskimo lifestyles have changed and the MMPA prohibition on hunting
marine mammals for purposes other than subsistence; (2) subsistence
hunting for ringed seals is principally in regions north of Kuskokwim
Bay in the Bering and Chukchi Seas, not the Beaufort Sea area; (3)
seals are now hunted principally with rifles in leads or open water,
not at breathing holes and lairs on the ice; and (4) areas where
seismic operations are conducted are small in comparison to the
Beaufort Sea subsistence hunting areas and displacement due to seismic
activity is limited.
Additionally, because the applicants coordinate activities with the
North Slope Borough and provide communities with information about the
planned activities before initiating any on-ice seismic activities,
impacts on subsistence needs are expected to be negligible.
Mitigation
All activities will be required to be conducted in a manner that
minimizes adverse effects on ringed and bearded seals and their
habitat. Activities must be conducted as far as practicable from any
observed ringed seals or ringed seal lair. For example, no energy
source may be placed over an observed ringed seal lair. Seismic crews
will receive training so that they can recognize potential ringed seal
liars and adjust their seismic operations accordingly.
Monitoring
The requirements for monitoring and reporting include designating a
qualified individual under each operating LOA to observe and record the
presence of ringed seals, bearded seals, and ringed seal lairs along
shot lines and around camps.
Because there is no impact on subsistence hunting, independent peer
review of the monitoring plan is not required.
Reporting
An annual report must be submitted to NMFS within 90 days of
completing the year's activities.
National Environmental Policy Act (NEPA)
In conjunction with a notice of proposed rulemaking on this issue
on September 15, 1992 (57 FR 42538), NMFS released a draft EA that
addressed the impacts on the human environment from regulations and the
issuance of LOAs and the alternatives to that proposed action. As a
result of the information provided in the EA, NOAA concluded that
implementation of either the preferred alternative or other identified
alternatives would not have a significant impact on the human
environment. As a result of that finding, on August 12, 1992, NMFS
signed a Finding of No Significant Impact (FONSI) statement and thereby
determined that an EIS was not warranted and therefore, none was
prepared. Because the proposed action discussed in this document is not
substantially different from the 1992 action, and because a reference
search has indicated that no new scientific information has been
developed in the past 5 years significant enough to warrant new NEPA
documentation, NMFS does not intend to prepare a new EA. A copy of the
1992 EA and FONSI is available upon request (see ADDRESSES).
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities as described
in the Regulatory Flexibility Act, because members of the industry
requesting the authorizations
[[Page 55567]]
are major energy exploration companies and their contractors, neither
of which by definition are small businesses. Therefore, a regulatory
flexibility analysis is not required.
This proposed rule contains collection-of-information requirements
subject to the provisions of the Paperwork Reduction Act (PRA). This
collection, which has an OMB control number of 0648-0151, has been
submitted to OMB for review under section 3504(b) of the PRA.
Notwithstanding any other provision of law, no person is required to
respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB control number.
The reporting burden for this collection is estimated to be
approximately 3 hours per response for requesting an authorization (as
described in 50 CFR 216.104) and 30 hours per response for submitting
reports, including the time for gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Comments are invited on: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including, through the use of automated collection techniques or other
forms of information technology. Please send any comments to NMFS and
OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 216
Marine mammals, Reporting and recordkeeping requirements.
Dated: October 21, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 216 is
proposed to be amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
1. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
2. Subpart J is revised to read as follows:
Subpart J--Taking of Ringed and Bearded Seals Incidental to On-Ice
Seismic Activities
Sec.
216.111 Specified activity and specified geographical region.
216.112 Effective dates.
216.113 Permissible methods.
216.114 Requirements for monitoring and reporting.
Subpart J--Taking of Ringed and Bearded Seals Incidental to On-Ice
Seismic Activities
Sec. 216.111 Specified activity and specified geographical region.
Regulations in this subpart apply only to the incidental taking of
ringed seals (Phoca hispida) and bearded seals (Erignathus barbatus) by
U.S. citizens engaged in on-ice seismic exploratory and associated
activities over the Outer Continental Shelf of the Beaufort Sea of
Alaska, from the shore outward to 45 mi (72 km) and from Point Barrow
east to Demarcation Point, from January 1 through May 31 of any
calendar year.
Sec. 216.112 Effective dates.
Regulations in this subpart are effective from January 1, 1998,
through December 31, 2003.
Sec. 216.113 Permissible methods.
(a) The incidental, but not intentional, taking of ringed and
bearded seals from January 1 through May 31 by U.S. citizens holding a
Letter of Authorization is permitted during the course of the following
activities:
(1) On-ice geophysical seismic activities involving vibrator-type,
airgun, or other energy source equipment shown to have similar or
lesser effects.
(2) Operation of transportation and camp facilities associated with
seismic activities.
(b) All activities identified in Sec. 216.113(a) must be conducted
in a manner that minimizes to the greatest extent practicable adverse
effects on ringed and bearded seals and their habitat.
(c) All activities identified in Sec. 216.113(a) must be conducted
as far as practicable from any observed ringed or bearded seal or
ringed seal lair. No energy source must be placed over an observed
ringed seal lair, whether or not any seal is present.
Sec. 216.114 Requirements for monitoring and reporting.
(a) Holders of Letters of Authorization are required to cooperate
with the National Marine Fisheries Service and any other Federal,
state, or local agency monitoring the impacts on ringed or bearded
seals.
(b) Holders of Letters of Authorization must designate a qualified
individual or individuals to observe and record the presence of ringed
or bearded seals and ringed seal lairs along shot lines and around
camps, and the information required in
Sec. 216.114(c).
(c) An annual report must be submitted to the Assistant
Administrator for Fisheries within 90 days after completing each year's
activities and must include the following information:
(1) Location(s) of survey activities.
(2) Level of effort (e.g., duration, area surveyed, number of
surveys), methods used, and a description of habitat (e.g., ice
thickness, surface topography) for each location.
(3) Numbers of ringed seals, bearded seals, or other marine mammals
observed, proximity to seismic or associated activities, and any seal
reactions observed for each location.
(4) Numbers of ringed seal lairs observed and proximity to seismic
or associated activities for each location.
(5) Other information as required in a Letter of Authorization.
[FR Doc. 97-28276 Filed 10-22-97; 4:15 pm]
BILLING CODE 3510-22-F
