55564 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Proposed Rules

ADDRESSES: Written comments,

materials and data, and available reports

and articles concerning this proposal

should be sent directly to the Field

Supervisor, Carlsbad Field Office, U.S.

Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California

92008. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Pete

Sorensen, at the address listed above

(telephone 760/431–9440, facsimile

760/431/9618).

SUPPLEMENTARY INFORMATION:

Background

The Peninsular Ranges population of

the desert bighorn sheep occurs along

the desert slopes of the Peninsular

Ranges from the vicinity of Palm

Springs, California, into northern Baja

California, Mexico. Depressed

recruitment, habitat loss and

degradation, disease, loss of dispersal

corridors, and random events (e.g.,

drought) affecting small populations

threaten the desert bighorn sheep in the

Peninsular Ranges. On May 8 ,1992, the Service

published a rule proposing endangered

status for the Peninsular Ranges

population of the desert bighorn sheep

(57 FR 19837). The original comment

period closed on November 4, 1992. The

Service was unable to make a final

listing determination regarding the

bighorn sheep because of limited

budget, other endangered species

assignments driven by court orders, and

higher listing priorities. In addition, a

moratorium on listing actions (Pub. L.

104–6), which took effect on April 10,

1995, stipulated that no funds could be

used to make final listing or critical

habitat determinations. Now that

funding has been restored, the Service is

proceeding with a final determination

for the Peninsular Ranges population of

desert bighorn sheep. Due to government reorganization in

Mexico, appropriate officials were

apparently not made aware of the

Service’s proposed listing of the

Peninsular bighorn sheep. As a result,

no comments were received from the

Mexican government during the initial

comment period on the period rule nor

during the subsequent two extended

comment periods (62 FR 16518, April 7,

1997, and 62 FR 32733, June 17, 1997).

Recently the Service became award of

apparent Mexican interest in providing

comment on the proposed rule.

Therefore, to ensure that the final listing

decision is based on the best available

information, and abide by the

requirement that foreign countries be

involved regarding listing decisions that

may affect conservation of species in

their area, the comment period is being

reopened.

Written comments may now be

submitted until November 12, 1997, to

the Service office in the ADDRESSES

section.

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: October 14, 1997.

Michael J. Spear,

Regional Director, Region 1.

[FR Doc. 97–28346 Filed 10–24–97; 8:45 am]

BILLING CODE 4310–55–M

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.

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 onice 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
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Proposed Rules 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) Onice 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 oilbearing 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 datarecording 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
55566 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Proposed Rules 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

§ 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.

§ 216.112 Effective dates.

Regulations in this subpart are

effective from January 1, 1998, through

December 31, 2003.

§ 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

§ 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

§ 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.

§ 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

§ 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