[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Notices]
[Page 58265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24938]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 090600A]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction and Operation of Offshore Oil and Gas 
Facilities in the Beaufort Sea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA), 
as amended, and implementing regulations, notification is hereby given 
that a letter of authorization (LOA) to take a small number of marine 
mammals incidental to construction and operation of offshore oil and 
gas facilities at the Northstar development in the Beaufort Sea off 
Alaska has been issued to BP Exploration (Alaska), Anchorage, AK 
(BPXA).

DATES: This LOA is effective from September 18, 2000, through November 
30, 2001.

ADDRESSES: A copy of the application and LOA are available for review 
in the following offices: Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, and Western Alaska Field 
Office, NMFS, 701 C Street, Anchorage, AK 99513.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-
2055, ext. 128, or Brad Smith (907) 271-5006.

SUPPLEMENTARY INFORMATION:  Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs NMFS to allow, on 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 by NMFS and regulations are issued. Under the MMPA, the term 
<gr-thn-eq>taking<gr-thn-eq> means to harass, hunt, capture, or kill or 
to attempt to harass, hunt, capture or kill marine mammals.
    Permission may be granted for periods up to 5 years if NMFS finds, 
after notification and opportunity for public comment, 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 the species or stock(s) of marine mammals for 
subsistence uses, and if regulations are prescribed setting forth the 
permissible methods of taking and the requirements pertaining to the 
monitoring and reporting of such taking. Regulations governing the 
taking of marine mammals incidental to construction and operation of 
the offshore oil and gas facility at Northstar in the Beaufort Sea were 
published and made effective on May 25, 2000 (65 FR 34014), and remain 
in effect until May 25, 2005.

Summary of Request

    On November 30, 1998 (64 FR 9965, March 1, 1999), NMFS received a 
request from BPXA for an incidental, small take exemption under section 
101(a)(5)(A) of the MMPA to take marine mammals incidental to 
construction and operation of an offshore oil and gas facility at 
Northstar in state and Federal waters. Because of delays in 
construction during 1999, and in issuing a proposed rule on this 
matter, on October 1, 1999, BPXA updated its application to NMFS. On 
October 22, 1999 (64 FR 57010), NMFS published a notice of proposed 
rulemaking on BPXA's application and invited interested persons to 
submit comments, information, and suggestions concerning the 
application and proposed rule. These comments were addressed during the 
promulgation of final rulemaking on this action, which was published on 
May 25, 2000 (65 FR 34014). A complete description of the activity, the 
level of taking of marine mammals, and other concerns can be found in 
this document.
    Issuance of this LOA is based on findings, described in the 
preamble to the final rule, that the total takings by this activity 
will result in only small numbers of marine mammals being taken, have 
no more than a negligible impact on marine mammal stocks in the 
Beaufort Sea, and not have an unmitigable adverse impact on the 
availability of the affected marine mammal stocks for subsistence uses. 
In addition, NMFS finds that BPXA has met the requirements contained in 
the implementing regulations, including monitoring and reporting 
requirements.

    Dated: September 18, 2000.
Donald R. Knowles,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 00-24938 Filed 9-27-00; 8:45 am]
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