National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of receipt of application and proposed incidental take authorization; request for comments.
NMFS has received an application from ConocoPhillips Alaska, Inc (CPAI) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting on-ice geotechnical operations on the Outer Continental Shelf (OCS) and State of Alaska leases in the U.S. Beaufort Sea in spring 2007. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to CPAI to incidentally take, by harassment, small numbers of ringed seals for a limited period during the proposed project period.
Comments and information must be received no later than February 21, 2007.
Comments on the application should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910–3225, or by telephoning one of the contacts listed here. The mailbox address for providing email comments is
Shane Guan, Office of Protected Resources, NMFS, (301) 713–2289, ext 137 or Brad Smith, Alaska Region, NMFS, (907) 271–5006.
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
Permission shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as ”...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”
Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of activities not pertinent here, the MMPA defines “harassment” as:
any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].
Section 101(a)(5)(D) establishes a 45–day time limit for NMFS review of an application followed by a 30–day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization.
On November 29, 2006, NMFS received an application from CPAI for the taking, by harassment, of small number of ringed seals (Phoca hispida) incidental to conducting geotechnical portions of a site clearance survey just
The purpose of the site clearance is to confirm that the seafloor has soil and surface characteristics that will support the safe set-down of a drill rig, and long-term occupation of the site by such a vessel.
The proposed geotechnical operation will use a small drill rig that runs either 5–ft (1.5–m) long augers for soil samples or 10–ft (3–m) jointed pipe to recover core samples. The drill rig will use cone penatrometers for cone penetration tests. Sea water circulation and occasionally mud systems will be used on the drill rig to stabilize the hole. This work is part of an overall shallow hazards investigation of the project.
The proposed geotechnical program will consist the following components:
The geographic region of the proposed geotechnical activity encompasses 2 13 km
Field operations may begin on February 1, 2007, and be completed no later than April 30, 2007. However, CPAI will try to complete work prior to the ringed seals pupping season, which starts around March 15. It is estimated that approximately 14 working days on site will be required to complete the geotechnical operations.
Ringed seals are the only species of marine mammal that may be present in the proposed project area during the site clearance period. Ringed seals are not listed under the Endangered Species Act (ESA) or designated as depleted under the MMPA. Other marina mammal species under NMFS' jurisdiction that seasonally inhabit the Beaufort Sea, but are not anticipated to occur in the project area during site clearance operations, include the bowhead whales (
Ringed seals are widely distributed throughout the Arctic basin, Hudson Bay and Strait, and the Bering and Baltic seas. There is no reliable worldwide population assessment for ringed seals, however, it is estimated to be in the millions (Reeves
Ringed seals inhabiting northern Alaska belong to the subspecies
During winter and spring, ringed seals inhabit landfast ice and offshore pack ice. Seal densities are highest on stable landfast ice but significant numbers of ringed seals also occur in pack ice (Wiig
The seasonal distribution of ringed seals in the Beaufort Sea is affected by a number of factors but a consistent pattern of seal use has been documented since aerial survey monitoring began over 20 years ago. Recent studies indicated that ringed seals showed a strong seasonal and habitat component to structure use (Williams
The proposed on-ice geotechnical operations have the potential to disturb and temporarily displace some ringed seals within the proposed project area. Incidental take may result from short-term disturbances by noise and physical activities associated with soil borings, CPT, and rolligon supported support and logistics activities. Pup mortality could occur if any of these animals were nursing and displacement were protracted. However, it is unlikely that a nursing female would abandon her pup given the normal levels of disturbance from the proposed activities, potential predators, and the typical movement patterns of ringed seal pups among different holes. Seals also use as many as four lairs spaced as far as 3,437 m (11,276 ft) apart. In addition, seals have multiple breathing holes. Pups may use more holes than adults, but the holes are generally closer together than those used by adults. This indicates that adult seals and pups can move away from site clearance activity.
All anticipated takes would be Level B harassment, involving short term, temporary changes in behavior or displacement by ringed seals. The number of seals estimated to be taken is calculated based on the most recent density data obtained during ringed seal surveys conducted within the geographic area of the planned operation. Moulton
The size of the proposed project area is 26 km
The proposed geotechnical operation is not expected to cause any permanent impact on habitat and the prey used by ringed seals. All surface activities will be on sea ice, which will breakup and drift away following spring breakup. Any spills on the ice would be small in size and cleaned up before completing the operations. Similarly, all materials from the camp and drilling activities will be removed from the site before completion of operations. Drilling will have a negligible impact on the seafloor, since the bore holes will be small and widely spaced, and they will naturally fill in over time due to sediment movement by currents. The operation should have no effect on ringed seal prey species since most disturbances will be on sea ice. Areas containing ice conditions suitable for lairs will be avoided by the rolligons to prevent any destruction of the habitat.
The primary subsistence village in the region is Nuiqsut, which is over 60 miles (97 km) away from the proposed project area. Most seal hunting by the village is off the Colville river Delta, between Fish Creek to the west and Pingok Island to the east (Fuller and George, 1997). Seal hunting predominately occurs in the open water during summer, when seals are more readily accessible from small boats (Fuller and George, 1997). In addition, almost all subsistence seal hunts occur during June through August. If a subsistence hunter is encountered in the project area, action will be taken to divert the rolligon away from the hunter.
In addition, CPAI will meet with Nuiqsut representatives before commencing geotechnical operations in 2007. The meeting(s) will serve to fulfill the MMPA Plan of Cooperation requirement. The proposed operations will be modified, where possible and practical, to reflect the concerns of the villages and hunters. Therefore, the proposed geotechnical operations should have no significant affect on subsistence hunting.
All activities will be conducted as far as practicable from any observed ringed seal lairs. Upon commencement of the on-ice geotechnical project, CPAI will establish a route along the proposed travel corridor and work areas to discourage ringed seals from building lairs within the corridor later. An experienced Inupiat hunter will be hired to serve as a marine mammal observer (MMO). The MMO would be used to visually locate potential lairs and breathing holes in the travel corridor and work areas where water depth exceeds 3 m (9.8 ft) under the ice. The MMO will ride in the lead rolligon. Locations will be flagged, Global Positioning System (GPS) coordinates taken and then delineated on a map.
On subsequent trips, rolligon drivers will use the map, pre-programmed GPS coordinates and/or flags to avoid potential lair habitat and breathing holes when traveling the corridor and work areas. The completed map will be provided to NMFS.
If activities are conducted during the IHA coverage period, then a final report will be submitted to NMFS within 90 days of completing the geotechnical project.
NMFS has determined that no species listed as threatened or endangered under the ESA will be affected by issuing an incidental harassment authorization under section 101(a)(5)(D) of the MMPA to CPAI for this on-ice geotechnical project.
The information provided in Environmental Assessment (EA) on the
The anticipated impact of winter geotechnical operations on ringed seals is expected to be negligible for the following reasons:
(1) The proposed activity would only occur in a small area which supports a small proportion (<0.01 percent) of the ringed seal populations in the Beaufort Sea.
(2) Geotechnical operators will avoid moderate and large pressure ridges, where seal and pupping lairs are likely to be present.
(3) Mitigation and monitoring procedures such as using an experienced native hunter to conduct pre-operational survey and monitoring of ringed seal lairs and breathing holes within the proposed action area and travel corridor, mapping the travel corridor and work areas that are free of ringed seal lairs with GPS coordination, and establishing a rollingon traveling route prior to the seal pupping season to discourage the use of these areas by seals during the pupping season, will be implemented.
As a result, NMFS believes the effects of on-ice geotechnical operations are expected to be limited to short-term and localized behavioral changes involving relatively small numbers of ringed seals. NMFS has preliminarily determined, based on information in the application and supporting documents, that these changes in behavior will have no more than a negligible impact on the affected ringed seal population within the proposed action area. Also, the potential effects of the proposed on-ice geotechnical operations during 2007 will not have an unmitigable adverse impact on subsistence uses of this species.
NMFS proposes to issue an IHA to CPAI for conducting on-ice geotechnical operations in the U.S. Beaufort Sea, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. NMFS has preliminarily determined that the proposed activity would result in the harassment of small numbers of ringed seals; would have no more than a negligible impact on the affected ringed seal stock; and would not have an unmitigable adverse impact on the availability of ringed seals for subsistence uses.