[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Notices]
[Pages 29287-29293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13524]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050701A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Shallow-Water Hazard 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 BP Exploration (Alaska), Inc; 
ExxonMobil Production Co, a division of Exxon Mobil Corporation; and 
Phillips Alaska, Inc. (BP/EM/PAI), working as members of a study team 
referred to in their application as the North American Natural Gas 
Pipeline Group (NANGPG), for an authorization to take small numbers of 
marine mammals by harassment incidental to conducting shallow hazard 
surveys in the central and eastern Alaskan Beaufort Sea. Under the 
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to authorize BP/EM/PAI to incidentally take, by harassment, 
small numbers of bowhead whales and other marine mammals in the U.S. 
Beaufort Sea during the open water period of 2001.

DATES: Comments and information must be received no later than June 29, 
2001.

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 this address or by 
telephoning one of the contacts listed here.

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

[[Page 29288]]

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 
no more than a negligible impact on the species or stock(s) and 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 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 (IHAs) under section 101(a)(5)(D) of the MMPA 
for activities in Arctic waters. For additional information on the 
procedures to be followed for this authorization, please refer to that 
document.

Summary of Request

    On March 20, 2001, NMFS received an application from BP/EM/PAI 
requesting an authorization for the harassment of small numbers of 
several species of marine mammals incidental to conducting shallow 
hazards surveys during the open water season in the Beaufort Sea 
between Prudhoe Bay, Alaska and the United States/Canadian border. 
Weather permitting, the survey is expected to take place between 
approximately July 20 and September 1, 2001. A more detailed 
description of the work proposed for 2001 is contained in the 
application (NANGPG, 2001) which is available upon request (see 
ADDRESSES).
    BP/EM/PAI plan to conduct a nearshore shallow hazards survey along 
a proposed natural gas pipeline route in the central and eastern 
Alaskan Beaufort Sea during the 2001 open-water season. The primary 
purpose of the survey is to acquire detailed data on sea bottom and 
sub-bottom characteristics to support pipeline route selection, 
pipeline design, safe pipeline operation, and acquisition of pipeline 
right-of-way permits and a Federal Energy Regulatory Commission 
Certificate of Convenience and Public Necessity. A secondary purpose of 
the survey is to locate and document areas of potential archaeological 
significance along the proposed pipeline route as required by the 
Minerals Management Service (MMS) and other regulations. Two vessels 
will conduct the planned geophysical survey activities. In addition, a 
smaller support vessel will be used for resupply to enable the survey 
to be completed expeditiously. Water depths within the proposed 
pipeline route range from 20-60 ft (6.1-18.3 m).
    The primary activity planned under this proposed incidental 
harassment authorization is a high-resolution shallow hazards pipeline 
route survey along a 500-m (1640-ft) wide strip from Prudhoe Bay to the 
Alaska/Canada border. This work would likely occur preceding the period 
when hunters from Nuiqsut and Kaktovik hunt for bowheads (usually 
between September 1\st\ and October 15\th\). The shallow hazards 
surveys will involve the use of acoustic energy sources of 
substantially lower power than airgun arrays used during marine seismic 
surveys. The acoustic recording of received signals from one of the 
shallow hazards sources will be accomplished using a mini-streamer 
hydrophone array towed by the source vessel.
    To increase the probability of completing the survey in a single 
open-water season, two vessels will be used. One vessel will acquire 
sub-bottom data using piezoelectric and electromagnetic sub-bottom 
profiling systems along with side-scan sonar and single-beam 
bathymetric sonar (sub-bottom vessel). A second vessel will be devoted 
to seabottom survey activities, and will operate side scan sonar, 
single-beam bathymetric sonar, and multi-beam bathymetric sonar (multi-
beam vessel). Each vessel will complete one round trip along the 
pipeline route. The sub-bottom vessel will transit the centerline, a 
parallel line offset 150 m (492 ft) to one side of the centerline, and 
cross-tie lines. The cross-tie lines will be spaced approximately 16 km 
(10 mi) and will be approximately 500 m (1640.4 ft) long. The multi-
beam vessel will transit the centerline and a parallel line offset 150 
m (492 ft) to the other side of the centerline. In the event that hard-
bottom habitat with the potential to meet the Alaska Biological Task 
Force definition of Boulder Patch is encountered, the survey vessels 
will circle to the north or south of the planned route in an attempt to 
better define the sea floor anomaly and to locate an alternate route 
around the hard-bottom area. The precise bathymetric contour to be 
surveyed will be determined by BP/EM/PAI later, but BP/EM/PAI has 
determined that the pipeline corridor will be within the zone where 
water depth is 20 to 60 ft (6.1 to 18.3 m)(see Figure 1 in BP/EM/PAI's 
application).
    The result of the two-vessel survey will be single coverage of the 
flanking lines and double coverage of the centerline. Both vessels are 
expected to operate at a towing speed of 3-5 knots and one will follow 
the other within a distance of approximately 7.4 km (4.6 mi), although 
operational considerations may necessitate altering this separation as 
the survey progresses. It is expected that each one-way survey transit 
time may take 7 to 10 days, or more, to complete. Wave and ice 
conditions may affect the specific timing of the survey. The entire 
shallow hazard survey may take 20 to 40 days.
    To conduct the shallow hazards survey, either a boomer or 
minisparker will be used in addition to a mid-frequency sub-bottom 
profiler and several high-frequency sonars. The sonars will include a 
side-scan sonar system, a multi-beam bathymetric sonar system and a 
single-beam bathymetric sonar system. The boomer or minisparker system 
would provide a frequency range of about 100 to 2500 Hz, with a typical 
resolution of one meter. Typical pulse repetition frequencies are one 
pulse every \1/2\ to 2 seconds. Pulse duration is typically 0.1 to 1.0 
milliseconds (ms) and the nominal source level is 203 dB (re 1 uPa 
(rms)) (200 to 1000 Joules on an energy basis) depending on sub-bottom 
characteristics. A mid-frequency piezoelectric sub-bottom profiler 
operating at a range from 2 kHz to 15 kHz range will be used to obtain 
a high-resolution profile of the shallow sea bottom sediments. Typical 
pulse frequencies are 10 pulses/sec, with pulse duration between 0.1 
and 0.40 ms at an energy level of 200 to 800 Joules. A dual-channel 
side scan sonar system will be used to acquire continuous images of the 
sea bottom. The source level for a typical side scan sonar system is 
approximately 228 dB (re 1 uPa (rms)). The nominal operating frequency 
will be either 200 or 500 kHz, with a pulse rate of up to 7 pulses per 
second. Pulse duration could range from 0.01 ms to 0.1 ms. Single-beam 
bathymetric sonar, operated at a nominal frequency of 200 kHz, will 
serve as both a backup to the multi-beam system and as a supplemental 
source of bathymetric data.

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; NMFS, 1999; Minerals Management Service (MMS), 1992, 
1996) and is not be repeated here.

[[Page 29289]]

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 of others can be found in NANGPG (2001), NMFS (1999), 
Western Geophysical (2000) and several other documents (Corps of 
Engineers, 1999; Lentfer, 1988; MMS, 1992, 1996; Ferrero et al. 
(2000)). Information on cetacean and pinniped hearing can be found in 
NANGPG (2001) and Richardson et al. (1995) and other sources. Please 
refer to these documents for additional information on marine mammals.

Potential Effects of Underwater Noise on Marine Mammals

    The effects of underwater noise on marine mammals are highly 
variable, and can be categorized as follows (based on Richardson et 
al., 1995): (1) The noise may be too weak to be heard at the location 
of the animal (i.e. lower than the prevailing ambient noise level, the 
hearing threshold of the animal at relevant frequencies, or both); (2) 
the noise may be audible but not strong enough to elicit any overt 
behavioral response; (3) the noise may elicit behavioral reactions of 
variable conspicuousness and variable relevance to the well being of 
the animal; these can range from subtle effects on respiration or other 
behaviors (detectable only by statistical analysis) to active avoidance 
reactions; (4) upon repeated exposure, animals may exhibit diminishing 
responsiveness (habituation), or disturbance effects may persist (the 
latter is most likely with sounds that are highly variable in 
characteristics, unpredictable in occurrence, and associated with 
situations that the animal perceives as a threat); (5) any human-made 
noise that is strong enough to be heard has the potential to reduce 
(mask) the ability of marine mammals to hear natural sounds at similar 
frequencies, including calls from conspecifics, echolocation sounds of 
odontocetes, and environmental sounds such as surf noise; and (6) very 
strong sounds have the potential to cause temporary or permanent 
reduction in hearing sensitivity.
    Disturbance by anthropogenic noise is the principal means of taking 
by this activity. Vessels may provide a potential secondary source of 
noise. In addition, the physical presence of vessels could also lead to 
non-acoustic effects on marine mammals involving visual or other cues. 
For a discussion on the anticipated effects of ships, boats, and 
aircraft on marine mammals and their food sources, please refer to the 
application. Information on these effects is preliminarily adopted by 
NMFS as the best information available on this subject.
    The pulsed sounds produced by shallow hazards operations will be 
detectable to marine mammals some distance away from the area of the 
activity, depending on ambient conditions and the sensitivity of the 
receptor (Balla-Holden et al., 1998; Greene, 1998; Burgess and Lawson, 
2000). There are no available data on bowhead or beluga reactions to 
shallow hazards acoustic sources and limited data are available for 
seals. However, the planned types of shallow hazards and sub-bottom 
profiling equipment have lower source levels and higher frequencies 
than airgun arrays or even a single airgun. It is possible that the 
shallow hazards sources may disturb some marine mammals occurring in 
the area, but the radius of disturbance is expected to be less than an 
airgun array.
    Whales that are approached by the survey vessels may react to the 
vessels. Reactions may include temporary interruption of previous 
activities and localized displacement (Richardson et al., 1985; 
Richardson and Malme, 1993). However, the reaction to the survey 
vessels should be reduced because the vessels will be traveling at 
relatively slow speed.
    Permanent hearing damage is not expected to occur during the 
project. It is not positively known whether the hearing systems of 
marine mammals very close to a shallow hazards acoustic source would be 
at risk of temporary or permanent hearing impairment, but temporary 
threshold shift is a theoretical possibility for animals within a few 
meters of the source, depending on the species, the equipment being 
used, and the marine mammal species involved (Richardson et al., 1995).
    Planned monitoring and mitigation measures (described later in this 
document) however, are designed to detect marine mammals occurring near 
the shallow hazards sources, and to avoid exposing them to sound pulses 
that have any possibility of causing hearing impairment. Moreover, as 
bowhead whales are known to avoid an area many kilometers in radius 
around ongoing seismic operations (Miller et al., 1998, 1999), bowheads 
will probably also avoid the planned shallow hazards operation, 
although not at such long range given the much lower level of the 
emitted sounds. Thus, at least in the case of baleen whales, the 
animals themselves are expected to remain far enough from a shallow 
hazards survey operation to avoid any possibility of hearing damage.
    Masking effects on marine mammal calls and other natural sounds are 
expected to be limited in the case of bowhead and gray whales exposed 
to shallow hazards pulses. Although pulse repetition rates will be high 
during shallow-hazards surveys, the source levels of those pulses will 
be considerably lower than during seismic surveys, and there will be 
little overlap in frequency with the predominant frequencies in bowhead 
calls. This will considerably reduce the potential for masking. Bowhead 
whales are known to continue calling in the presence of seismic survey 
sounds, and their calls can be heard between seismic pulses 
(Richardson, 1986; Greene, 1997; Greeneet al., 1999). Bowheads are 
likely to continue calling in the presence of shallow hazard source 
pulses as well. In the case of bowhead whales, masking by shallow 
hazards sources will be limited because of the intermittent nature of 
shallow hazards survey pulses, their higher frequencies as compared 
with frequencies of bowhead calls, and their relatively low source 
levels. Masking effects are more likely to occur in the case of beluga 
whales, given that sounds important to them are predominantly at higher 
frequencies, including frequencies produced by some of the shallow 
hazards sources. However, the offshore distribution of beluga whales 
and the rapid absorption of high-frequency sound in seawater will limit 
the exposure of belugas to shallow hazards pulses and thereby limit the 
likelihood of masking.

Behavioral Reactions of Cetaceans to Disturbance

    When the received levels of noise exceed some behavioral reaction 
threshold, cetaceans will show disturbance reactions. The levels, 
frequencies, and types of noise that will elicit a response vary 
between and within species, individuals, locations, and seasons. 
Behavioral changes may be subtle alterations in surface, respiration, 
and dive cycles. More conspicuous responses include changes in activity 
or aerial displays, movement away from the sound source, or complete 
avoidance of the area. The reaction threshold and degree of response 
are related to the activity of the animal at the time of the 
disturbance. Whales engaged in active behaviors, such as feeding, 
socializing, or mating, are less

[[Page 29290]]

likely than resting animals to show overt behavioral reactions, unless 
the disturbance is directly threatening. However, the actual radius of 
effect of noise on cetaceans is considerably smaller than the radius of 
detectability (Richardson et al., 1995).
    Reactions of cetaceans to a bubble pulser/boomer, minisparker, or 
sub-bottom profiler have not been reported. The source levels of these 
devices are lower than the source level of a single airgun whose volume 
exceeds 10 in3, but the frequency range is broader. Both baleen and 
toothed whales sometimes move away from medium-frequency sonars and 
similar sources (Richardson et al., 1995). If these avoidance effects 
do occur, the avoidance distances are expected to be substantially less 
(at least for bowhead and gray whales) than avoidance distances around 
an airgun array as used during seismic surveys. For example, sounds 
from an airgun array typically are above 160 dB (re 1 uPa (rms)) at 
distances out to a few kilometers. In contrast, sounds from a mini-
sparker, bubble pulser, or sub-bottom profiler, as measured in the 
Beaufort Sea during 1997 and 2000, diminished below 160 dB within 
ranges of 155 m (508.5 ft), 22 m (72.2 ft), and less than 77 m (252.6 
ft), respectively (Balla-Holden et al., 1998; Burgess and Lawson, 
2000). Those studies indicate that, at a range of 2 km (1.2 mi), the 
received levels would be around 135 dB (re 1 uPa (rms)) for the 
minisparker and below 120 dB (re 1 uPa (rms)) for the bubble-pulser and 
sub-bottom profiler. If migrating bowhead whales are as sensitive to 
these mid-frequency sources as they are to low-frequency pulses from an 
airgun array, then avoidance might be evident at distances as much as 2 
km (1.2 mi), at least at times when the minisparker is in use.
    The side-scan, single-beam, and multi-beam sonars to be used in the 
shallow hazard survey will operate between 100 kHz and 500 kHz. These 
sounds are at frequencies above the expected hearing range of bowhead 
and gray whales. The 100 kHz side-scan sonar sounds (but not the 500 
kHz sounds) would be within the hearing range of belugas (White et al., 
1978; Johnson et al., 1989). Thus with the possible exception of the 
few belugas that might be exposed to the 100 kHz side-scan, these high-
frequency pulses will be inaudible to cetaceans. The probability that 
belugas will be exposed to the side-scan sonar is low because belugas 
are infrequent in nearshore waters of the study area. Also, side-scan 
sonar sounds at 100 kHz will be rapidly absorbed by seawater and will 
not be detectable at long range. At 100 kHz, there are absorption 
losses of 36 dB/km (36 dB/0.62 mi) in addition to the usual spreading 
loss (Richardson et al., 1995).

Behavioral Reactions of Pinnipeds to Disturbance

    Reactions of arctic seals to a bubble pulser/boomer or minisparker 
and/or sub-bottom profiler are not known in any detail. Ringed seals 
have been noted to react ``vigorously'' to survey vessels when sources 
were silent, and no seals were seen at distances closer than 70 m 
(229.6 ft) when sources were on during an earlier shallow hazards 
survey in the Beaufort Sea. However, it is believed that the seals were 
reacting more to the small airgun used in that survey, than to the 
GeoPulse bubble pulser.
    The sounds emitted by the side-scan sonar will be largely or 
entirely inaudible to pinnipeds, as the frequencies (100 and 500 kHz) 
are well above the effective hearing range of pinnipeds.

Numbers of Marine Mammals Expected to Be Taken

    Incidental takes of marine mammals by harassment could potentially 
occur for the duration of the proposed activity (potentially July 
through September, 2001) during times when the shallow-hazard acoustic 
sources would be in operation. Seals are in the area throughout the 
period; few whales are likely to be in the Alaskan Beaufort Sea before 
late August.
    Based on an analysis provided in its application, BP/EM/PAI 
estimates that the following numbers of marine mammals may be subject 
to Level B harassment, as defined in 50 CFR 216.3:

------------------------------------------------------------------------
                                                       Harassment Takes
                                                            in 2001
             Species                Population Size  -------------------
                                                      Possible  Probable
------------------------------------------------------------------------
Bowhead                                        8,200  ........  ........
  160 dB criterion                 .................        42         3
  2 km criterion                   .................     1,601       285
Gray whale                                    26,000        10         0
Beluga*                                       39,258       250       150
Ringed seal*                           1-1.5 million        93        10
Spotted seal*                               >200,000        10         2
Bearded seal*                               >300,000        15        15
------------------------------------------------------------------------
*Some individual seals may be harassed more than once

Effects of Anthropogenic Noise and Other Activities on Subsistence 
Needs

    The disturbance and potential displacement of marine mammals by 
sounds from shallow hazards activities are the principal concerns 
related to subsistence use of the area. The harvest of marine mammals 
(mainly bowhead whales, but also ringed and bearded seals) is central 
to the culture and subsistence economies of the coastal North Slope 
communities. In particular, if migrating bowhead whales are displaced 
farther offshore by elevated noise levels, the harvest of these whales 
could be more difficult and dangerous for hunters. The harvest could 
also be affected if bowheads become more skittish when exposed to 
seismic noise. The hunters are concerned about both displacement and 
skittish whales.
    Nuiqsut and Kaktovik are the communities that are closest to the 
area of the proposed activity. Hunters from both villages harvest 
bowhead whales only during the fall whaling season. In recent years, 
Nuiqsut whalers typically take two to four whales each season, while 
Kaktovik typically take 3 bowheads, with 4 bowheads taken when an 
``unused strike'' is allocated from another village. Nuiqsut whalers 
concentrate their efforts on areas north and east of Cross Island, 
generally in water depths greater than 20 m (65 ft). Cross Island, the 
principal field camp location for Nuiqsut whalers, is located 
immediately south of the potential pipeline route. Thus, the 
possibility and

[[Page 29291]]

timing of potential shallow hazards activities in the Cross Island area 
requires BP/EM/PAI to provide NMFS with either a Plan of Cooperation 
with North Slope Borough residents or measures that have been or will 
be taken to avoid any unmitigable adverse impact on subsistence needs. 
BP/EM/PAI's application has identified those measures that will be 
taken to minimize any adverse effect on subsistence. In addition, the 
timing of shallow hazards activities will be addressed in a Conflict 
Avoidance Agreement (CAA) with the Nuiqsut and Kaktovik whalers and the 
Alaska Eskimo Whaling Commission (NANGPG, 2001). The CAA is described 
in the BP/EM/PAI application.
    The location of the proposed activity is south of the center of the 
westward migration route of bowhead whales, but there is some overlap. 
Localized disturbance to bowheads by shallow hazards sources and the 
vessels that deploy them could occur if the shallow hazards operations 
continue into the bowhead migration season. The proposed timing of the 
shallow hazards survey is not expected to overlap with the bowhead hunt 
at either Kaktovik or Cross Island. However, if the shallow hazards 
survey does continue into the bowhead migration season, as discussed 
previously in this document, the radius of potential disturbance will 
be much smaller than would be the case during a seismic survey, given 
the much reduced source levels of the sounds used for shallow hazards 
surveys. Shallow hazards operations are expected to begin in July and 
be completed by September, depending upon ice conditions. If possible, 
BP/EM/PAI expects the work to be completed by the end of August. Few 
bowheads approach the project area before the end of August, and 
whaling does not normally begin until after September 1. However, the 
mitigation measure adopted in previous years to restrict operations to 
areas west of Cross Island during the bowhead hunting season is not 
possible for this project because nearly all of this survey is located 
east of Cross Island.
    Many Nuiqsut hunters hunt seals intermittently year round. During 
recent years, most seal hunting has been during the early summer in 
open water. In summer, boat crews hunt ringed, spotted, and bearded 
seals. The most important sealing area for Nuiqsut hunters is off the 
Colville delta, extending as far west as Fish Creek and as far east as 
Pingok Island. This area does not overlap with the planned shallow 
hazards survey area and, therefore, is not expected to influence the 
seal hunt by Nuiqsut residents.
    At Kaktovik, the planned shallow hazards survey during the summer 
has some potential to influence seal hunting activities, but any 
effects are expected by BP/EM/PAI to be negligible. During the open 
water season, both ringed and bearded seals are taken, along with an 
occasional spotted seal. Given the lower source levels of the shallow 
hazard sources, their radius of influence on seals is expected to be 
less than that of an airgun array even after allowing for the 
potentially greater sensitivity of seals to medium frequency sounds. 
Therefore, it is unlikely that the shallow hazards survey would have 
more than a negligible impact on seals or subsistence hunting of seals.

Mitigation

    The timing of the shallow hazards survey has been planned by BP/EM/
PAI so that most or all of the survey will occur while there are few 
bowhead whales in the Alaskan Beaufort Sea, and thus would avoid or 
minimize overlap with bowhead hunting. BP/EM/PAI proposes to complete 
all three survey segments (centerline, north offset, and south offset) 
near Cross Island at the beginning of the survey period (July), well in 
advance of 1 September, 2001.
    Safety zones will be established around each of the sources (except 
the multi-beam source) and monitored by marine mammal observers. 
Whenever a marine mammal is about to enter the safety zone appropriate 
for the species, the observer will ensure that each of the sources will 
be shut-down until the mammal leaves its safety zone. The safety zones 
proposed for this activity are as follows:

                           RMS RADII (in m/ft)
------------------------------------------------------------------------
                                     TOW      WATER
             SOURCE               DEPTH (m/ DEPTH (m/  190 dB    180 dB
                                     ft)       ft)     (Seals)  (Whales)
------------------------------------------------------------------------
Minisparker                          0.3/1     -6/20      6/20     18/59
Boomer                              0.1/.3    -13/43     1/3.3     2/6.6
Sub-bottom profiler                   3/10    -13/43      3/10      8/26
------------------------------------------------------------------------

    Within the first 10 days of the survey's start, BP/EM/PAI will 
measure and analyze the sounds from the various sources, and, after 
consultation with NMFS, adjust the proposed safety radii, provided 
here, as necessary.
    During night-time, floodlights may be employed to illuminate the 
safety zone, and night vision equipment will be available to facilitate 
observation. It should be noted that marine mammal monitoring will not 
be required for the multi-beam source vessel, only for the sub-bottom 
source vessel, since the sonar equipment that the multi-beam vessel 
will operate will emit sounds outside the frequency range at which 
those species of seals and whales expected in the area can hear well. 
Also, consistent with previous shallow hazards surveys, because of the 
lower-powered sources employed, no ramp-up procedure is proposed to be 
used for this activity.

Monitoring

    The BP/EM/PAI proposes to sponsor marine mammal and acoustical 
monitoring of its 2001 shallow hazards program. This monitoring is 
proposed to be similar to monitoring conducted in association with the 
1997 and 2000 shallow hazards operations in the Beaufort Sea. BP/EM/PAI 
has not proposed an aerial monitoring program because the zones of 
acoustical influence are likely to be significantly smaller than those 
found for seismic airgun array operations in the Beaufort Sea.

Vessel Monitoring

    BP/EM/PAI proposes to have a marine mammal observer aboard the sub-
bottom source vessel to search for and observe marine mammals whenever 
the shallow hazards operations are in progress, and for at least 30 
minutes prior to the planned start of operations. A total of 3 
observers will be employed, consisting of two qualified biologists and 
an Inupiat Observer/Communicator with experience in this type of work. 
They will work in shifts no longer than 4 hours each to minimize 
observer fatigue. All marine mammal observations and shutdowns will be

[[Page 29292]]

recorded in a standardized format, as done in previous shallow hazard 
surveys.
    When mammals are detected within, or about to enter, the safety 
zone designated to prevent injury to the animals (see Mitigation), the 
survey crew leader will be notified so that shutdown procedures can be 
implemented immediately.

Acoustical Monitoring

    Acoustical measurements of sounds emitted by the shallow hazards 
sources will be obtained by vessel-based hydrophones. A vessel-based 
acoustical measurement program is proposed to be conducted for a few 
days early in the program. The main objective will be to measure the 
levels and other characteristics of the horizontally-propagating sound 
from the bubble-pulser/boomer, minisparker, and sub-bottom profiler. 
The sources will be measured at various distances and directions from 
the source. Routine vessel sounds, made by BP/EM/PAI vessels, will also 
be recorded for any vessels whose sounds have not been recorded 
previously.

Reporting

    BP/EM/PAI will provide an initial report on the 2001 shallow 
hazards activity to NMFS within 90 days of the completion of the 
shallow hazards program. This report will provide dates and locations 
of shallow hazards operations, details of marine mammal sightings, 
estimates of the amount and nature of all takes by harassment, and any 
apparent effects on accessibility of marine mammals to subsistence 
users.
    A final draft technical report will be provided by BP/EM/PAI within 
20 working days of receipt of the document from the contractor, but no 
later than April 30, 2002. The final technical report will contain a 
description of the methods, results, and interpretation of all 
monitoring tasks and will reflect suggestions and recommendations made 
during peer review.

Consultation

    Under section 7 of the Endangered Species Act (ESA), NMFS is 
consulting with MMS on the oil and gas exploration and associated 
activities in the Alaskan Beaufort Sea. This consultation includes a 
review of seismic and related noise sources used by the oil and gas 
industry. That consultation will be completed shortly. If the 
consultation results in a no jeopardy opinion and if an authorization 
to incidentally harass listed marine mammals is issued under the MMPA 
for this activity, NMFS will issue an Incidental Take Statement under 
section 7 of the ESA for the incidental harassment of bowhead whales by 
the BP/EM/PAI for its proposed activity.

National Environmental Policy Act (NEPA)

    In conjunction with the 1996 notice of proposed authorization (61 
FR 26501, May 28, 1996) for open water seismic operations in the 
Beaufort Sea, NMFS released an Environmental Assessment (EA) that 
addressed the impacts on the human environment from issuance of the 
authorization and the alternatives to the proposed action. No comments 
were received on that document and, on July 18, 1996, NMFS concluded 
that neither implementation of the proposed authorization for the 
harassment of small numbers of several species of marine mammals 
incidental to conducting seismic surveys during the open water season 
in the Alaskan Beaufort Sea nor the alternatives to that action would 
significantly affect the quality of the human environment. As a result, 
the preparation of an environmental impact statement on this action is 
not required by section 102(2) of NEPA or its implementing regulations.
    In 1999, NMFS determined that a new EA was warranted based on the 
proposed construction of the Northstar project, the collection of data 
from 1996 through 1998 on Beaufort Sea marine mammals and the impacts 
of seismic activities on these mammals, and the analysis of scientific 
data indicating that bowheads avoid nearshore seismic operations by up 
to about 20 km (12.4 mi). Accordingly, a review of the impacts expected 
from the issuance of an IHA has been assessed in the EA, and NMFS 
determined in 1999, that there would be no more than a negligible 
impact on marine mammals from the issuance of the harassment 
authorization that year and that there will not be any unmitigable 
impacts to subsistence communities, provided the mitigation measures 
required under the authorization were implemented. As a result, NMFS 
determined in 1999 that neither implementation of the authorization for 
the harassment of small numbers of several species of marine mammals 
incidental to conducting seismic surveys during the open water season 
in the U.S. Beaufort Sea nor the alternatives to that action would 
significantly affect the quality of the human environment. Since this 
proposed action falls into a category of actions that do not 
individually or cumulatively have a significant impact on the human 
environment as determined through the 1999 EA, this action is 
categorically excluded from further NEPA analysis (NOAA NAO 216-6).

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of 
conducting shallow hazards surveys in the Alaskan Beaufort Sea will 
result, at worst, in a temporary modification in behavior by certain 
species of cetaceans and pinnipeds. While behavioral modifications may 
be made by these species to avoid the resultant noise, 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 area 
of shallow hazard survey operations, due to the distribution and 
abundance of marine mammals during the projected period of activity and 
the location of the proposed shallow hazards activity in waters 
generally too shallow and distant for most marine mammals of concern, 
the number of potential harassment takings is estimated to be small. In 
addition, no take by injury and/or death is anticipated, and the 
potential for temporary or permanent hearing impairment will be avoided 
through the incorporation of the mitigation measures mentioned in this 
document. No rookeries, mating grounds, areas of concentrated feeding, 
or other areas of special significance for marine mammals are known to 
occur within or near the planned area of operations during the season 
of operations.
    Because bowhead whales are east of the activity area in the 
Canadian Beaufort Sea until late August/early September, shallow hazard 
survey activities in the Alaskan Beaufort Sea are not expected to 
impact subsistence hunting of bowhead whales prior to that date.
    Appropriate mitigation measures to avoid an unmitigable adverse 
impact on the availability of bowhead whales for subsistence needs will 
be the subject of consultation between BP/EM/PAI and subsistence users.
    Also, while shallow hazard surveys in the Alaskan Beaufort Sea has 
a potential to influence seal hunting activities by residents of 
Kaktovik, because the zone of influence by shallow hazard survey 
sources on seals is expected to be small (less than a few hundred 
meters in diameter), and because the village of Nuiqsut conducts its 
major sealing during the summer months off the Colville Delta, west of 
the proposed survey area, NMFS believes that BP/EM/

[[Page 29293]]

PAI's shallow hazards survey will not have an unmitigable adverse 
impact on the availability of ringed, bearded and spotted seals needed 
for subsistence.

Proposed Authorization

    NMFS proposes to issue an IHA to BP/EM/PAI to take certain species 
of marine mammals incidental to conducting a shallow hazards survey 
during the 2001 Alaskan Beaufort Sea open water season, 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 only small numbers of 
bowhead whales, beluga whales, ringed seals, bearded seals, and 
possibly spotted seals and gray whales; would have no more than a 
negligible impact on these marine mammal stocks; and would not have an 
unmitigable adverse impact on the availability of marine mammal stocks 
for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments, and 
information, concerning this request (see ADDRESSES).

    Dated: May 23, 2001.
Wanda L. Cain,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-13524 Filed 5-29-01; 8:45 am]
BILLING CODE 3510-22-S