83 FR 21276 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of the Liberty Drilling and Production Island, Beaufort Sea, Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 90 (May 9, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 90 (May 9, 2018)
| Page Range | 21276-21277 | |
| FR Document | 2018-09904 |
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)] [Notices] [Pages 21276-21277] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09904] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG218 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of the Liberty Drilling and Production Island, Beaufort Sea, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from Hilcorp Alaska, LLC (Hilcorp) for authorization to take small numbers of marine mammals incidental to the construction and operation of the Liberty Drilling and Production Island (LDPI) in Foggy Island Bay, Beaufort Sea, Alaska, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Hilcorp's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on Hilcorp's application and request. DATES: Comments and information must be received no later than June 8, 2018. ADDRESSES: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]. [[Page 21277]] Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/node/23111 without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401. An electronic copy of the Hilcorp's application may be obtained online at https://www.fisheries.noaa.gov/node/23111. In case of problems accessing these documents, please call the contact listed above. 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 (as delegated to NMFS) 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 geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An incidental take authorization shall be granted if NMFS 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 (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ``take'' means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ``harassment'' as any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On April 26, 2018, NMFS received an adequate and complete application from Hilcorp requesting authorization for take of marine mammals incidental to construction, drilling, and production activities related to the construction and operation of the LDPI in Foggy Island Bay, Alaska. The requested regulations and LOA would be valid for five years from November 1, 2019 through October 31, 2024. Hilcorp plans to conduct necessary work, including impact and vibratory pile driving, ice road construction, drilling, and production to construct, install, and operate the LDPI. The proposed action may incidentally expose marine mammals occurring in the vicinity to elevated levels of underwater sound and human presence, thereby resulting in incidental take, by Level A and Level B harassment of cetaceans and pinnipeds, and potentially mortality of pinnipeds (from ice road construction) in Foggy Island Bay. Therefore, Hilcorp requests authorization to incidentally take marine mammals. Specified Activities Hilcorp is proposing to develop the Liberty Oil Field reservoir, located on the Outer Continental Shelf in Foggy Island Bay, Beaufort Sea, Alaska. Total recovery over an estimated field life of 15 to 20 years is predicted to be in the range of 80 to 150 million stock tank barrels of oil. To extract the oil, Hilcorp is proposing to construct a 9.3 acre artificial island (the LDPI) in 19 feet (5.8 meters) of water in Foggy Island Bay, approximately 5 miles (8 kilometers) north of the Kadleroshilik River and install supporting infrastructure (e.g., ice roads, pipeline). Ice roads would be constructed annually and begin November 2019 (execute year 1). Island construction, which requires impact and vibratory pile driving, is proposed to take place in 2020 (or execute year 2 of the project). Pile driving would primarily occur during ice-covered season; however, up to two weeks of pile driving may occur during the open-water season. Pipeline installation is anticipated to occur in 2021 (or execute year three of the project). Drilling is proposed to occur from 2021 through 2024 (or execute years three through five). These activities have the potential to harass bowhead whales (Balaena mysticetus), gray whales (Eschrichtius robustus), beluga whales (Delphinapterus leucas), ringed seals (Phoca hispida), bearded seals (Erignathus barbatus), and spotted seals (Phoca largha). Ice road construction may also result in the mortality of ringed seals. Information Solicited Interested persons may submit information, suggestions, and comments concerning Hilcorp's request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by Hilcorp, if appropriate. Dated: May 4, 2018. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-09904 Filed 5-8-18; 8:45 am] BILLING CODE 3510-22-P
![21276 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices
The Aleut Corporation is identified in Dated: May 3, 2018. Commerce collections currently under
Public Law 108–199 as a business Sarah Brabson, review by OMB.
incorporated pursuant to the Alaska NOAA PRA Clearance Officer. Written comments and
Native Claims Settlement Act (43 U.S.C. [FR Doc. 2018–09834 Filed 5–8–18; 8:45 am] recommendations for the proposed
1601 et seq.). Regulations implementing BILLING CODE 3510–22–P
information collection should be sent
the FMP appear at 50 CFR part 679. within 30 days of publication of this
Each year at least 14 days before notice to OIRA_Submission@
harvesting pollock or processing pollock DEPARTMENT OF COMMERCE omb.eop.gov or fax to (202) 395–5806.
in the AI directed pollock fishery, the Dated: May 3, 2018.
Aleut Corporation selects harvesting National Oceanic and Atmospheric
Sarah Brabson,
vessels and processors for participation Administration
NOAA PRA Clearance Officer.
in this fishery. The Aleut Corporation
Submission for OMB Review; [FR Doc. 2018–09836 Filed 5–8–18; 8:45 am]
submits its selected participants to the
National Marine Fisheries Service Comment Request BILLING CODE 3510–22–P
(NMFS) for approval. On approval, The Department of Commerce will
NMFS mails the Aleut Corporation a submit to the Office of Management and DEPARTMENT OF COMMERCE
letter that includes a list of the approved Budget (OMB) for clearance the
participants. A copy of this letter must following proposal for collection of National Oceanic and Atmospheric
be retained on board each participating information under the provisions of the Administration
vessel and on site each shoreside Paperwork Reduction Act (44 U.S.C.
processor at all times. Chapter 35). RIN 0648–XG218
II. Method of Collection Agency: National Oceanic and
Atmospheric Administration (NOAA). Taking and Importing Marine
The Aleut Corporation submits the Title: Florida Fishing and Boating Mammals; Taking Marine Mammals
participant letter to NMFS by mail. Survey. Incidental to Construction and
III. Data OMB Control Number: 0648-xxxx. Operation of the Liberty Drilling and
Form Number(s): None. Production Island, Beaufort Sea,
OMB Control Number: 0648–0513. Type of Request: Regular (request for Alaska
Form Number(s): None. a new information collection).
Type of Review: Regular submission Number of Respondents: 4,335. AGENCY: National Marine Fisheries
(extension of a current information Average Hours per Response: 5 Service (NMFS), National Oceanic and
collection). minutes. Atmospheric Administration (NOAA),
Affected Public: Business or other for- Burden Hours: 361. Commerce.
profit organizations. Needs and Uses: This request is for a ACTION: Notice; receipt of application for
Estimated Number of Respondents: 1. new information collection. Letter of Authorization; request for
Estimated Time per Response: Annual The objective of the short survey will comments and information.
Aleutian Islands Fishery Participant be to understand how anglers respond
Letter, 5 minutes. to changes in trip costs and fishing SUMMARY: NMFS has received a request
Estimated Total Annual Burden regulations in the Gulf of Mexico. We from Hilcorp Alaska, LLC (Hilcorp) for
Hours: 1. are conducting this survey to improve authorization to take small numbers of
Estimated Total Annual Cost to our ability to predict changes the marine mammals incidental to the
Public: $1 in recordkeeping/reporting number of fishing trips anticipated with construction and operation of the
costs. changes in economic conditions or Liberty Drilling and Production Island
fishing regulations. This will improve (LDPI) in Foggy Island Bay, Beaufort
IV. Request for Comments Sea, Alaska, over the course of five years
the analysis of the economic effects of
Comments are invited on: (a) Whether proposed changes in fishing regulations from the date of issuance. Pursuant to
the proposed collection of information and changes in economic factors that regulations implementing the Marine
is necessary for the proper performance affect the cost of fishing such as fuel Mammal Protection Act (MMPA), NMFS
of the functions of the agency, including prices. is announcing receipt of Hilcorp’s
whether the information shall have The population consists of those request for the development and
practical utility; (b) the accuracy of the anglers who fish in the Gulf of Mexico implementation of regulations
agency’s estimate of the burden from Florida, including those who governing the incidental taking of
(including hours and cost) of the possess a license to fish, and those who marine mammals. NMFS invites the
proposed collection of information; (c) are not required to have a license (e.g., public to provide information,
ways to enhance the quality, utility, and seniors). We plan to independently suggestions, and comments on Hilcorp’s
clarity of the information to be sample from the frame designed for the application and request.
collected; and (d) ways to minimize the Fishing Effort Survey (FES) of the DATES: Comments and information must
burden of the collection of information Marine Recreational Fishing Program be received no later than June 8, 2018.
on respondents, including through the (MRIP). Anglers will be mailed a ADDRESSES: Comments on the
use of automated collection techniques postcard that directs them to a website applications should be addressed to
or other forms of information to complete the survey. Jolie Harrison, Chief, Permits and
amozie on DSK3GDR082PROD with NOTICES
technology. Affected Public: Individuals or Conservation Division, Office of
Comments submitted in response to households. Protected Resources, National Marine
this notice will be summarized and/or Frequency: One time. Fisheries Service. Physical comments
included in the request for OMB Respondent’s Obligation: Voluntary. should be sent to 1315 East-West
approval of this information collection; This information collection request Highway, Silver Spring, MD 20910 and
they also will become a matter of public may be viewed at reginfo.gov. Follow electronic comments should be sent to
record. the instructions to view Department of ITP.Daly@noaa.gov.
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![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices 21277
Instructions: NMFS is not responsible Except with respect to certain water season. Pipeline installation is
for comments sent by any other method, activities not pertinent here, the MMPA anticipated to occur in 2021 (or execute
to any other address or individual, or defines ‘‘harassment’’ as any act of year three of the project). Drilling is
received after the end of the comment pursuit, torment, or annoyance, which proposed to occur from 2021 through
period. Comments received (i) has the potential to injure a marine 2024 (or execute years three through
electronically, including all mammal or marine mammal stock in the five). These activities have the potential
attachments, must not exceed a 25- wild (Level A harassment); or (ii) has to harass bowhead whales (Balaena
megabyte file size. Attachments to the potential to disturb a marine mysticetus), gray whales (Eschrichtius
electronic comments will be accepted in mammal or marine mammal stock in the robustus), beluga whales
Microsoft Word or Excel or Adobe PDF wild by causing disruption of behavioral (Delphinapterus leucas), ringed seals
file formats only. All comments patterns, including, but not limited to, (Phoca hispida), bearded seals
received are a part of the public record migration, breathing, nursing, breeding, (Erignathus barbatus), and spotted seals
and will generally be posted online at feeding, or sheltering (Level B (Phoca largha). Ice road construction
https://www.fisheries.noaa.gov/node/ harassment). may also result in the mortality of
23111 without change. All personal ringed seals.
Summary of Request
identifying information (e.g., name,
address) voluntarily submitted by the On April 26, 2018, NMFS received an Information Solicited
commenter may be publicly accessible. adequate and complete application from Interested persons may submit
Do not submit confidential business Hilcorp requesting authorization for information, suggestions, and comments
information or otherwise sensitive or take of marine mammals incidental to concerning Hilcorp’s request (see
protected information. construction, drilling, and production ADDRESSES). NMFS will consider all
FOR FURTHER INFORMATION CONTACT: activities related to the construction and information, suggestions, and comments
Jaclyn Daly, Office of Protected operation of the LDPI in Foggy Island related to the request during the
Resources, NMFS, (301) 427–8401. An Bay, Alaska. The requested regulations development of proposed regulations
electronic copy of the Hilcorp’s and LOA would be valid for five years governing the incidental taking of
application may be obtained online at from November 1, 2019 through October marine mammals by Hilcorp, if
https://www.fisheries.noaa.gov/node/ 31, 2024. Hilcorp plans to conduct appropriate.
23111. In case of problems accessing necessary work, including impact and
vibratory pile driving, ice road Dated: May 4, 2018.
these documents, please call the contact Donna S. Wieting,
listed above. construction, drilling, and production to
construct, install, and operate the LDPI. Director, Office of Protected Resources,
SUPPLEMENTARY INFORMATION: National Marine Fisheries Service.
The proposed action may incidentally
Background expose marine mammals occurring in [FR Doc. 2018–09904 Filed 5–8–18; 8:45 am]
Sections 101(a)(5)(A) and (D) of the the vicinity to elevated levels of BILLING CODE 3510–22–P
MMPA (16 U.S.C. 1361 et seq.) direct underwater sound and human presence,
the Secretary of Commerce (as delegated thereby resulting in incidental take, by
to NMFS) to allow, upon request, the Level A and Level B harassment of DEPARTMENT OF COMMERCE
incidental, but not intentional, taking of cetaceans and pinnipeds, and
potentially mortality of pinnipeds (from National Oceanic and Atmospheric
small numbers of marine mammals by Administration
U.S. citizens who engage in a specified ice road construction) in Foggy Island
activity (other than commercial fishing) Bay. Therefore, Hilcorp requests
Submission for OMB Review;
within a specified geographical region if authorization to incidentally take
Comment Request
certain findings are made and either marine mammals.
regulations are issued or, if the taking is Specified Activities The Department of Commerce will
limited to harassment, a notice of a submit to the Office of Management and
proposed authorization is provided to Hilcorp is proposing to develop the Budget (OMB) for clearance the
the public for review. Liberty Oil Field reservoir, located on following proposal for collection of
An incidental take authorization shall the Outer Continental Shelf in Foggy information under the provisions of the
be granted if NMFS finds that the taking Island Bay, Beaufort Sea, Alaska. Total Paperwork Reduction Act (44 U.S.C.
will have a negligible impact on the recovery over an estimated field life of Chapter 35).
species or stock(s), will not have an 15 to 20 years is predicted to be in the Agency: National Oceanic and
unmitigable adverse impact on the range of 80 to 150 million stock tank Atmospheric Administration (NOAA).
availability of the species or stock(s) for barrels of oil. To extract the oil, Hilcorp Title: Washington Steelhead Anglers
subsistence uses (where relevant), and if is proposing to construct a 9.3 acre Survey.
the permissible methods of taking and artificial island (the LDPI) in 19 feet (5.8 OMB Control Number: 0648-xxxx.
requirements pertaining to the meters) of water in Foggy Island Bay, Form Number(s): None.
mitigation, monitoring and reporting of approximately 5 miles (8 kilometers) Type of Request: Regular (request for
such takings are set forth. north of the Kadleroshilik River and a new information collection).
NMFS has defined ‘‘negligible install supporting infrastructure (e.g., Number of Respondents: 1,652.
impact’’ in 50 CFR 216.103 as an impact ice roads, pipeline). Ice roads would be Average Hours per Response:
resulting from the specified activity that constructed annually and begin Screening survey, 5 minutes; non-angler
cannot be reasonably expected to, and is November 2019 (execute year 1). Island survey, 10 minutes; angler survey, 25
amozie on DSK3GDR082PROD with NOTICES
not reasonably likely to, adversely affect construction, which requires impact and minutes.
the species or stock through effects on vibratory pile driving, is proposed to Burden Hours: 444.
annual rates of recruitment or survival. take place in 2020 (or execute year 2 of Needs and Uses: The Northwest
The MMPA states that the term ‘‘take’’ the project). Pile driving would Fisheries Science Center and Southwest
means to harass, hunt, capture, kill or primarily occur during ice-covered Fisheries Science Center are
attempt to harass, hunt, capture, or kill season; however, up to two weeks of undertaking an economics research
any marine mammal. pile driving may occur during the open- project to assess the preferences of
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Document Created: 2018-05-09 03:17:57
Document Modified: 2018-05-09 03:17:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; receipt of application for Letter of Authorization; request for comments and information. | |
| Dates | Comments and information must be received no later than June 8, 2018. | |
| Contact | Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401. An electronic copy of the Hilcorp's application may be obtained online at https://www.fisheries.noaa.gov/ node/23111. In case of problems accessing these documents, please call the contact listed above. | |
| FR Citation | 83 FR 21276 | |
| RIN Number | 0648-XG21 |
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