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Small Takes of Marine Mammals Incidental to Specified Activities; Oil and Gas Exploration Drilling Activities in the Beaufort Sea
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 11, 2000 (Volume 65, Number 197)]
[Notices]
[Page 60407-60411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc00-38]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 083000A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Oil and Gas Exploration Drilling Activities in the Beaufort Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
a small take exemption; request for comments.
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SUMMARY: NMFS has received a request from Phillips Alaska, Inc.,
(Phillips) for an authorization to take small numbers of marine mammals
by harassment incidental to conducting exploration drilling activities,
during the winter, offshore Prudhoe Bay, in the U.S. Beaufort Sea off
Alaska. Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to authorize Phillips to
incidentally take, by harassment only, small numbers of ringed and
bearded seals while conducting this activity.
DATES: Comments and information must be postmarked no later than
November 13, 2000. Comments will not be accepted if submitted via e-
mail or the Internet.
ADDRESSES: Comments on the application should be addressed to Donna
Wieting, Chief, Marine Mammal Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910-3225. A copy of the application and a list of references used in
this document may be obtained by writing to
[[Page 60408]]
this address or by telephoning one of the contacts listed here.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2055, ext. 128, or Brad Smith,
Western Alaska Field Office, NMFS, (907) 271-5006.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, notice of a proposed authorization is
provided to the public for review.
Permission may 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 if the permissible methods of taking
and requirements pertaining to the monitoring and reporting of such
taking are set forth.
On April 10, 1996 (61 FR 15884), NMFS published an interim rule
establishing, among other things, procedures for issuing incidental
harassment authorizations under section 101(a)(5)(D) of the MMPA for
activities in Arctic waters, including requirements for peer-review of
a monitoring program and a plan of cooperation between the applicant
and affected subsistence users. For additional information on the
procedures to be followed for this authorization, please refer to that
document.
Summary of Request
On August 1, 2000, NMFS received an application from Phillips
requesting a 1-year authorization for the possible harassment of small
numbers of marine mammals incidental to constructing an ice road and an
ice island at the McCovey Prospect Area and drilling one or more oil
exploration wells at that location during the winter, 2000/2001. The
drilling location at McCovey is approximately 14 mi (22.5 kilometers
(km)) north of East Dock at Prudhoe Bay, 7 mi (11.3 km) northwest of
Cross Island, and 12 mi (19.3 km) east of the Northstar Unit.
The purpose of the operation is to evaluate the oil and gas
potential of Phillips' operated leases in the McCovey area. The well
will be drilled from an ice island constructed at the beginning of the
winter drilling season. Some equipment may be staged on Reindeer Island
prior to freeze-up; however, a majority of the equipment will be staged
using the ice road.
Ice island construction is expected to begin when ice conditions
are thick enough to allow heavy equipment to be transported to the
location via ice road (approximately December, 2000). One well is
planned to be drilled from a surface location in Outer Continental
Shelf Lease Block Y-1577. Depending on the results found from this
well, well tests may be performed and a sidetrack may be drilled as
length of season permits. All drilling and well-testing operations will
be performed only during the 2000-2001 winter drilling season and will
be discontinued in May 2001 before ice break-up (which usually occurs
in late June or July). Drilling and testing operations will not be
conducted in broken ice or open water periods. The McCovey exploration
well will be plugged and abandoned regardless of any commercial value
demonstrated during well testing and reservoir evaluation. The
exploration well is expected to be moved back down the ice road after
operations are completed. This is expected to occur between about April
20 and May 2.
Prior to freeze-up in late October, 2000, materials will be barged
to Reindeer Island for staging. This includes pumps, a support camp,
rolligons and diesel fuel in storage tanks. The storage tanks will be
in a containment capable of holding 110 percent of the capacity of the
tanks. An ice pad will be constructed at Reindeer Island initially for
the support camp and will be later used for the rigging camp. A 12-14
mi (19.3-22.5 km) ice road will be constructed from either West Dock or
East Dock in Prudhoe Bay out to the McCovey location. The actual
location and length of the ice road will depend on ice conditions prior
to commencing operations. The ice road will then be used to transport
the ice island construction equipment and the drilling rig out to the
McCovey location.
The ice roads are expected to be completed and ready for heavy
traffic by mid-February. Following construction, the road will be
maintained using graders with snow wings and front-end loaders with
snow blowers until ice-road travel is no longer possible, typically in
mid-May.
The McCovey Ice Island will be located in 37 ft (11.2 m) of water.
Pumps will be used to spray seawater into the cold air to form ice-
crystals. The sprayed seawater is first used to thicken the ice at the
island location to 2-3 m (6.6-9.8 ft). Then the water will be
redirected to the center of the island to ground the island core. The
ice island diameter is expected to be 850 ft (259.1 m) at the waterline
and 600 ft (182.9 m) at the working surface above the water.
After completion of the ice road and island, a land-based drilling
rig will be transported to the location. The support camp will be
located on an ice pad constructed on Reindeer Island throughout the
drilling operations. Reindeer Island is approximately 4.5 mi (7.2 km)
from the ice island location. All drilling materials will be
transported to the ice island by ice road and staged on the ice island.
Muds and cuttings will be discharged to the sea ice in accordance with
the General Offshore National Pollution Discharge Elimination System
permit requirements.
A more detailed description of the work planned is contained in the
application (Phillips, 2000) and is available upon request (see
ADDRESSES).
Description of Habitat and Marine Mammals Affected by the Activity
A detailed description of the Beaufort Sea ecosystem and its
associated marine mammals can be found in several documents (Corps of
Engineers, 1999; Minerals Management Service (MMS), 1990, 1992, 1996;
NMFS, 1997).
Marine Mammals
The Beaufort/Chukchi Seas support a diverse assemblage of marine
mammals including bowhead whales (Balaena mysticetus), gray whales
(Eschrichtius robustus), beluga (Delphinapterus leucas), ringed seals
(Phoca hispida), spotted seals (Phoca largha) and bearded seals
(Erignathus barbatus). Descriptions of the biology and distribution of
these species, and others, can be found in several other documents
(Small and DeMaster, 1995; Hill and DeMaster, 1998; Hill et al., 1999;
NMFS, 1997). Please refer to those documents for information on the
biology, distribution and abundance of these species. However, because
the proposed oil exploration activity will take place only during the
winter, only ringed seals, and possibly a few bearded seals, have any
potential to be impacted by the project. A description of the biology
and abundance of these latter species are addressed in NMFS'
Environmental Assessment (EA) on Winter Seismic Activities (NMFS,
1998). The documents mentioned here and in other parts of this document
are considered part of this decision-making process.
[[Page 60409]]
In addition to the species mentioned in the preceding paragraph,
polar bears (Urus maritimus) also have the potential to be taken
incidental to the proposed activity. This species is under the
jurisdiction of the U.S. Fish and Wildlife Service (USFWS). As a
result, Phillips has applied for a Letter of Authorization from the
USFWS for the taking of this species incidental to the McCovey drilling
project.
Potential Impacts on Marine Mammals
Disturbance by noise is the principal means for potential takings
by harassment by this activity. The marine mammal most likely to be
impacted by construction of the ice road and ice island is the ringed
seal. A slight possibility exists to impact bearded seals. While the
applicant noted that there is a chance that a ringed seal could be
killed during ice road construction (and ice island construction), NMFS
believes that noise from road and island construction activity, the
timing of the construction in December, and the monitoring described in
the next section of this document, will make the injury or mortality of
ringed seals very unlikely. However, the ice island location cannot be
moved due to the engineering required for ice island design and
construction. As a result, breathing holes or structures located within
the footprint of the island will be covered by ice and the seals would
need to relocate. However, constructing the island in December will
mitigate the potential for damage to birthing lairs, since ringed seal
ice structures are not well developed at this time of the year, pups
are not born until mid-March in this area, and several structures would
be available for each seal by that time for use as birthing and pupping
lairs.
Site specific ringed seal survey work was conducted by Western
Geophysical at the McCovey location during April, 2000 (Coltrane and
Williams, 2000). A total of 22 seal structures were found in the core
survey area and the surrounding 1 km (0.62 mi) monitoring zone. An
additional 21 structures were found in the transit survey route.
Seventeen of the structures were breathing holes, 20 were lairs, and 6
were unidentified; none of the identified lairs were birthing lairs.
Coltrane and Williams (2000) reported that twenty-eight structures were
revisited later. The remaining 15 structures were not rechecked as
these structures were either of unknown status or frozen at the time of
the initial search. Four breathing holes were found to be abandoned
since the initial search (one was abandoned due to research, not
industrial activity). The total abandonment rate of active seal
structures after shallow hazards survey operations was 11 percent (3 of
28). In addition, the initial survey revealed that 19 percent (8 of 43)
of the structures located had already been abandoned prior to any
industrial searches. This natural abandonment rate was comparably
higher than the abandonment rate after industrial activities in the
area (19 percent compared to 11 percent).
Aerial surveys of seal density and abundance, conducted in 1997 in
support of the Northstar project (which is approximately 9 miles (14.5
km) to the west from the proposed McCovey Prospect), indicated an
average density over the area (including the McCovey Prospect area) of
0.43 ringed seals/km2. The overall observed density on landfast ice,
over water depths of 5-20 m (16.4-65.6 ft), was 0.42 ringed seals/km2
(Miller et al., 1998). Surveys conducted in 1999 by Richardson and
Williams (2000) indicated an overall observed density of 0.56 seals/
km2. Excluding waters less than 3 m (9.8 ft) deep where ringed seals
were rarely seen, the overall observed density was 0.63 seals/km2. The
overall observed density in areas greater than 3 m (9.8 ft) deep was
higher in 1999 than in either 1997 or 1998 (0.39 seals/km2).
Based on the methodology for assessing ringed seal takes by
industrial activities at Northstar (see BP Exploration (Alaska), 1998),
Phillips estimates that less than 31 ringed seals may be within an area
where harassment takings might potentially occur. This estimate is
based on the assumptions that any ringed seals within 0.4 mi (0.644 km)
of the ice road and within 2.3 mi (3.7 km) of the ice island may be
able to hear the noise associated with the McCovey Prospect. This
estimate is based on the density recorded during the 1997 aerial survey
of 0.42 seals/km2 (Miller et al. 1998). Phillips believes that this
estimate of take is very conservative, since the noise associated with
ice island construction should be less than the noise associated with
construction of the gravel island at Northstar. The 2.3 mi (3.7 km) was
based on noise measurements made by Greene (1983) for construction of
Seal Island in 1982. Also, the estimated ``take'' is based on the
entire ice road length of 12.5 miles (20.12 km) with no deduction for
areas where the ice road may cross grounded ice (with no ringed seal
presence). It should be recognized moreover, that NMFS does not
consider a taking to have occurred simply because an animal hears a
noise or has a minor startle reaction to the noise. In order for NMFS
to consider a taking to have occurred, the reaction by the marine
mammal needs to result in a behavioral response that may have
biological significance on the part of the animal. A biologically
significant behavioral response is a response that affects biologically
important behavior, such as survival, breeding, feeding and migration,
which have the potential to impact the reproductive success of the
animal. For ringed seals, simply hearing industrial noise or hearing it
and abandoning, either temporarily or permanently, one of its several
breathing holes, is not considered significant. A biologically
significant response, for example, would be displacement that affects
mating, access to critical feeding areas, or weaned pups leaving one
lair for another (which although also done naturally to avoid
predation, can, in either case, affect survival).
Bearded seals are not expected to be in the area except in very
small numbers and therefore should not be affected by the activity.
Bearded seals are benthic feeders and the Beaufort Sea provides only
limited habitat for them. In addition, their preference for open water
further limits the potential for their being in this area at this time
of the year.
Therefore, based on the above discussion, NMFS preliminarily
concludes that the taking, by noise harassment incidental to
construction of the ice road and ice island, will result in no more
than a few dozen harassment takings by this activity.
Potential Effects on Subsistence Needs
NMFS has not identified any unmitigable adverse impacts by this
activity on the availability of the species or stock(s) of marine
mammals for subsistence needs.
Potential Effect on Habitat
The ice island will be a temporary structure on the winter ice. The
temporary loss of this area is negligible when compared to the size of
the nearshore Beaufort Sea. When drilling and well-testing operations
are completed, the well will be plugged and abandoned in accordance
with MMS and Alaska Oil and Gas Conservation Commission regulations.
This abandonment will leave the project area in essentially an
unmodified condition, since there will be no wellhead or other
structures remaining above the ocean floor.
In the unlikely event that there is an oil spill, Phillips has
prepared an oil discharge prevention and contingency plan (ODPCP)
specifically for this activity. The ODPCP is an extensive
[[Page 60410]]
document that addresses spill response, several spill scenarios,
cleanup activities, and numerous other aspects of oil spill prevention
and response. Oil spill response teams are located in Deadhorse, AK.
Phillips and other operators have oil spill response equipment
available in each current or soon-to-be oil-producing area on the North
Slope.
Mitigation
Several mitigation measures to reduce the potential for marine
mammal harassment will be implemented by Phillips as part of their
proposed activity. These include:
(1) Conducting a winter drilling program using a land-based rig
instead of using either the Concrete Island Drilling System platform, a
floating platform, or a semisubmersible platform. The latter two
platforms would require the need for icebreaker vessels; and
(2) Conducting drilling operations during winter months instead of
during the open water season, and
(3) Constructing the ice road and ice island in December before
seal structures are made into fully-developed lairs, and especially
before constructing of the birth lair in March.
Marine Mammal Monitoring
Phillips proposes to utilize trained dogs or visual observations to
assess the level of take of ringed seals during project activities.
Prior to commencing ice road or ice island construction, trained dogs
would be used to locate seal breathing holes and lairs along the
proposed footprint of the ice road route and ice island pad. An
adjacent 50-m (164 ft) buffer along the ice road route and a 1 km (0.62
mi) buffer around the ice island will also be surveyed. In the event
that trained dogs are not available for the survey due to scheduling,
Phillips proposes to employ a visual survey prior to onset of
construction activities. The visual survey would involve searching the
designated area for breathing holes, and examining pressure ridges, ice
hummocks, and deep ice cracks for lairs. Attempts will be made to
confirm the presence of lairs by using an aluminum rod to locate the
breathing hole or lair access hole where practical. Success in visually
locating lairs will be limited by the relatively low density of ringed
seals combined with the difficulty of finding breathing holes or lairs
on snow-covered ice during winter conditions. A professional marine
mammal biologist and an Inupiat hunter would be conducting the visual
survey.
Once drilling begins, a designated polar bear watch (typically an
Inupiat hunter) will also look for and record seal activities. Because
of the low expectation of interactions during the winter with marine
mammals that are under the jurisdiction of NMFS, dedicated observers
are not considered necessary on the ice island. As a result, NMFS
proposes to require as part of the Authorization that Phillips instruct
the polar bear watchperson to maintain a sightings-and-behavior log for
seals that is separate from the Polar Bear Sightings Log. This latter
reporting requirement is mandated by 50 CFR 18.27.
In order to obtain an indication of ringed seal response to
Phillips' operations, a second seal structure survey will be conducted
near the end of the McCovey project activities. The second survey will
be conducted by biologists on snow machines using Differential Global
Positioning System units to relocate and determine presence/absence of
seals in lairs identified during the first survey. Any new holes would
also be noted.
NMFS notes however, that current regulations for winter ice road
construction for both Northstar (see 65 FR 34014, May 25, 2000) and on-
ice vibroseis surveys (see 63 FR 5277, February 2, 1998), require ice
roads to be surveyed a distance of 150 m (492 ft) from either side of
the disturbed ice. Preliminarily, it is NMFS' intention to require
similar monitoring for this project's ice road construction. In
addition, NMFS proposes to require that all ice roads constructed in
the Beaufort Sea be monitored by trained dogs until such time as NMFS
has clear evidence that ice roads and other activities taking place
during the winter are not having a cumulative impact on ringed seals or
until peer-reviewed research has shown that human monitoring for ringed
seal structures without dogs is as effective as using dogs. As such,
trained dogs are required to be used for surveying for ringed seal
structures, using that information to mitigate the impact to the
greatest extent practicable, and to follow up those surveys at an
appropriate time during or after the season to indicate the fate of
those structures. NMFS proposes that a condition of the Incidental
Harassment Authorization (IHA) be that if NMFS determines dogs are not
available, then, and only then, would the human monitoring be
authorized. Failure to use dogs when available would be considered a
violation of the IHA and may result in suspension or termination of
that IHA.
Reporting
NMFS proposes to require Phillips to submit one report under this
proposed authorization. This report will be required 90 days after
completion of activities authorized for marine mammal takings.
National Environmental Policy Act
The activity proposed by Phillips was the subject of a Final
Environmental Impact Statement prepared by MMS in conjunction with
Lease Sale 124 (MMS, 1990). In addition, in 1997 NMFS prepared and
released an EA that addressed the impacts on the human environment from
issuance of an authorization for taking marine mammals incidental to
conducting oil exploration activities during winter and the
alternatives to the proposed action. A Finding of No Significant Impact
was signed on September 25, 1997.
Conclusions
NMFS has preliminarily determined that the short-term impact of
exploration drilling and related activities in the Beaufort Sea will
result, at worst, in a temporary modification in behavior by certain
species of pinnipeds. While behavioral modifications may be made by
these species of marine mammals to avoid the resultant noise from ice
road and ice island construction, transporting the oil rig and supplies
on the ice road, or due to drilling activities, this behavioral change
is expected to have a negligible impact on the animals.
While the number of potential incidental harassment takes will
depend on the distribution and abundance of marine mammals (which vary
annually due to variable ice conditions and other factors) in the
activity area, the number of potential harassment takings is estimated
to be small. In addition, no take by injury and/or death is anticipated
and takes will be at the lowest level practicable due to incorporation
of the mitigation measures mentioned previously. No known rookeries,
mating grounds, areas of concentrated feeding, or other areas of
special significance for marine mammals occur within or near the
planned area of operations during the season of operations.
Proposed Authorization
NMFS proposes to issue an IHA to Phillips for the possible
harassment of small numbers of ringed seals and bearded seals
incidental to constructing an ice road and ice island and drilling an
oil exploration well at the McCovey Prospect during the winter 2000/01,
provided the previously mentioned
[[Page 60411]]
mitigation, monitoring and reporting requirements are carried out. NMFS
has preliminarily determined that the proposed activities would result
in the harassment of only small numbers of ringed and bearded seals,
will have a negligible impact on these marine mammal stocks; and will
not have an unmitigable adverse impact on the availability of these
stocks for subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: October 4, 2000.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 00-26087 Filed 10-10-00; 8:45 am]
BILLING CODE: 3510-22 -S