[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Proposed Rules]
[Page 42737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20926]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 970725179-7179-01; 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: Advance notice of proposed rulemaking; receipt of a petition 
for regulations and an application for a small take exemption; 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, Alaska. As a result of that 
application, NMFS is considering whether to propose regulations that 
would renew an authorization for the incidental taking of a small 
number of marine mammals. In order to decide whether to promulgate 
these regulations, NMFS must determine that the takings will have a 
negligible impact on the affected species and stocks of marine mammals. 
NMFS invites comment on the application and suggestions on the 
structure and content of regulations, if the application is accepted.

DATES: Comments and information must be postmarked no later than 
September 8, 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 may be obtained 
by writing to the above address, or by telephoning one of the persons 
below (see FOR FURTHER INFORMATION CONTACT).

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 Marine Mammal Protection Act (16 U.S.C. 
1361 et seq.) (MMPA) directs the Secretary of Commerce (Secretary) 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 the 
Secretary 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 
regulations are prescribed setting forth the permissible methods of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.

Summary of Application

    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, 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 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. Operations are usually confined to 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. Over the next 5-year period, the applicants expect that on-ice 
seismic activity will cover approximately 22,500 line miles (4,500 line 
miles/year). This compares to 13,247 line miles in the aggegate, during 
the past 5-year period.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning the application for a small take exemption 
and the structure and content of regulations if the application is 
accepted. NMFS will consider this information in determining whether to 
accept the application and, if so, in developing proposed regulations 
to authorize the taking. If NMFS proposes regulations to allow this 
take, interested parties will be given ample time and opportunity to 
comment.

    Dated: August 4, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-20926 Filed 8-7-97; 8:45 am]
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