[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Notices]
[Pages 31011-31013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15188]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP92


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

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, notice is hereby given that 
NMFS has issued a letter of authorization (LOA) to BP Exploration 
(Alaska), Inc. (BPXA) to take marine mammals incidental to the 
production of offshore oil and gas at the Northstar development in the 
Beaufort Sea off Alaska.

DATES:  This Authorization is effective from July 7, 2009, through July 
6, 2010.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to P. Michael Payne, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, or by telephoning one of 
the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Candace Nachman (301) 713-2289 or Brad 
Smith (907) 271-3023.

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 
``take'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill marine mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notice and opportunity for public comment, that the taking 
will have a

[[Page 31012]]

negligible impact on the species or stock(s) of marine mammals and will 
not have an unmitigable adverse impact on the availability of the 
species or stock(s) of marine mammals for subsistence uses. In 
addition, NMFS must prescribe regulations setting forth the permissible 
methods of taking and other means of effecting the least practicable 
adverse impact on the species and its habitat, and on the availability 
of the species for subsistence uses. The regulations also must include 
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 became effective on April 6, 2006 (71 FR 11314, March 7, 
2006), and remain in effect until April 6, 2011. For detailed 
information on this action, please refer to that document. These 
regulations include mitigation, monitoring, and reporting requirements. 
The six species of marine mammals that BP may take in small numbers 
during construction and operation of the Northstar facility are bowhead 
whales, gray whales, beluga whales, ringed seals, spotted seals, and 
bearded seals.

Summary of Request

    On May 5, 2009, NMFS received a request from BPXA for a renewal of 
an LOA issued on July 1, 2008, for the taking of small numbers of 
marine mammals incidental to oil production operations at Northstar, 
under the regulations issued on March 7, 2006 (71 FR 11314). This 
request (BPXA, 2009) contains information in compliance with 50 CFR 
216.209, which updates information provided in BPXA's original 
application for takings incidental to construction and operations at 
Northstar. BPXA also submitted the required activity and monitoring 
report under the 2008-2009 LOA.

Summary of Activity and Monitoring Under the 2008-2009 LOA

    One offshore ice road was built during the 2007-2008 ice-covered 
season. Helicopters made 222 round trips to Northstar during the 2007-
2008 ice-covered season to transport crew and materials to and from the 
facility and recommended flight corridors and altitude restrictions 
were maintained. Tucker tracked vehicles made a total of 111.5 round 
trips between West Dock and Northstar Island, and the hovercraft made 
426 round trips during the 2007-2008 ice-covered season.
    Drilling activities were conducted over two well sites on Northstar 
Island from January 18, 2008, to May 12, 2008. Vibratory pile driving 
occurred from February 15 to 19, 2008, and from July 24 to August 10, 
2008, to place thermosiphons as part of the new protections system. No 
impact pile driving activities took place during the present reporting 
period. The 2008 repair activities consisted of placement of boulders 
along the northeast corner of the island during the ice-covered season 
from March 7 to April 24, 2008 and some minor repair activities during 
the open-water season in August 2008.
    Aerial overflights were conducted weekly to inspect the pipeline 
for leaks or spills. There were nine reportable Northstar-related 
spills during the 2007-2008 ice-covered season and the 2008 open-water 
season. Two of the nine reportable spills reach Beaufort Sea water or 
ice. The contaminated material was recovered completely. Materials that 
reached Beaufort Sea water or ice included power steering fluid and 
hydraulic fluid. Material from the seven remaining spills did not reach 
the Beaufort Sea or sea ice. Contaminated snow, ice, and gravel were 
removed with various types of equipment and sorbents. No clean-up 
activity was necessary after Northstar flare events during the 
reporting period.
    During the 2008 open-water period, there were 119 helicopter round 
trips, 445.5 hovercraft round trips, 45 tug and barge trips, and 55 
Alaska Clean Seas Bay-class boat round trips to Northstar. There were 
an additional six trips by Bay-class boats in association with acoustic 
monitoring of the bowhead whale migration.
    Seal observations in 2008 were conducted during 54 days from May 
15-July 15. A total of 415 seals were observed (including presumed 
repeat sightings of the same animal on different days), which is more 
than in previous years over the same period. Results of seal counts 
conducted from Northstar Island during the reporting period did not 
provide evidence, or reason to suspect, that any seals were killed or 
injured by Northstar-related activities during 2008. No Northstar 
activity capable of reaching 180 or 190 dB (rms) in the water occurred 
during the last year, and, therefore, no monitoring of these ``safety 
radii'' was implemented.
    An array of 10 Directional Autonomous Seafloor Acoustic Recorders 
(DASARs) were installed in August 2008. The array was deployed for 
approximately 29 days between August 27 and September 25, 2008. In 
2008, the scope of the bowhead whale acoustic monitoring study was 
augmented relative to that in 2005-2007 and was generally similar to 
that in 2001-2004, although the study design was somewhat modified from 
that in 2001-2004. The geometry of the DASAR array was changed, and new 
emphasis was placed on understanding how far Northstar sounds propagate 
offshore. DASARs were deployed at locations 8.5-38.5 km (5.3-24 mi) NNE 
of Northstar Island and recorded sounds continuously for approximately 
29 days, until September 25, 2008. Simultaneously, near-island 
recordings were obtained from three DASARs placed approximately 450 m 
(1,476 ft) north of Northstar over the same period. In total, 85,669 
bowhead whale calls were detected on the records of the 10 array DASARs 
combined from a total of 350,597 call detections. When expressed as a 
number of calls per day, the 2008 number (1,337 calls/day) is the 
highest since the beginning of the study in 2001, exceeding the 
previous record of 989 calls/day in 2004. The much higher call counts 
in 2008 compared to the lower counts in 2005 and 2006 are probably 
related to the absence of nearshore pack ice during the 2008 season, 
meaning there were probably more whales closer to shore.
    Post-field analyses of the near-island DASARs revealed the presence 
of a previously undetected pulsed sound. As soon as possible after ice 
break-up in 2009, a hydrophone will be used to determine if this sound 
is still present. If present, attempts will be made to localize the 
source and to either remove it or reduce its sound output.
    Subsistence hunters from Nuiqsut who traveled to Cross Island for 
the annual bowhead whale hunt did not report any negative effects from 
Northstar activities on their ability to conduct the hunt. In 2008, 
Nuiqsut whalers landed their full quota of four whales.

Authorization

    BPXA complied with the requirements of the 2008 LOA, and NMFS has 
determined that the marine mammal take resulting from the 2008 
construction and operation activities is within that analyzed in and 
anticipated by the associated regulations. Accordingly, NMFS has issued 
a 1-year LOA to BPXA, authorizing the taking of small numbers of marine 
mammals incidental to oil production construction and operations at the 
Northstar offshore facility in state and Federal waters in the U.S. 
Beaufort Sea. Issuance of this LOA is based on findings described in 
the preamble to the final rule (71 FR 11314, March 7, 2006) and 
supported by information contained in BPXA's 2008 annual report

[[Page 31013]]

that the activities described in the LOA will result in the taking of 
no more than small numbers of bowhead whales, beluga whales, ringed 
seals, and, possibly California gray whales, bearded seals, and spotted 
seals and that the total taking will have a negligible impact on these 
marine mammal stocks and would not have an unmitigable adverse impact 
on the availability of these species or stocks for taking for 
subsistence uses. This LOA will be renewed annually based on review of 
the annual monitoring report.

    Dated: June 18, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-15188 Filed 6-26-09; 8:45 am]
BILLING CODE 3510-22-S