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

Background

Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) (MMPA) directs the Secretary of Commerce 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 the Secretary 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, and regulations are prescribed setting forth the permissible methods of taking and the requirements pertaining to the monitoring and reporting of such taking.

Summary of Request

On November 30, 1998, NMFS received an application requesting a small take exemption under section 101(a)(5)(A) of the MMPA from BPXA to take marine mammals incidental to the construction and operation of offshore oil and gas platforms at the Northstar and Liberty developments in the Beaufort Sea in state and Federal waters. BPXA proposes to produce oil from two offshore oil developments, Northstar and Liberty. These two developments will be the first in the Beaufort Sea that use a subsea pipeline to transport oil to shore and then into the Trans-Alaska Pipeline System. The Northstar Unit is located between 2 and 8 miles (mi)(3.2 and 12.9 kilometers (km)) offshore from Pt. Storkersen, AK. This unit is adjacent to the Prudhoe Bay industrial complex and is approximately 54 mi (87 km) northeast of Nuiqsut, a Native Alaskan community. During 1998-1999 (year 1), a gravel island will be constructed this winter and spring, followed by construction work on the island during the 1999 open-water season. Incidental takes of whales and seals during this period are expected to be authorized under an Incidental Harassment Authorization (IHA) issued under section 101(a)(5)(D) of the MMPA (see 63 FR 57096, October 26, 1998). However, because of the possibility that construction might be delayed until after expiration of the IHA, work described in the cited Federal Register document may be conducted during the effectiveness period of these regulations. Following is a brief description of the proposed scope of work for Northstar and Liberty projects. For more detailed descriptions please refer to either the BPXA application or to the DEIS, both of which are available upon request (see ADDRESSES). Northstar The proposed construction activity includes the construction of several ice roads, one from West Dock and the Pt McIntyre drill site to the Northstar gravel mine and one from the mine site to Seal Island. In the second year of construction an ice road will be constructed parallel to the coast from Pt. McIntyre to the location of the pipeline crossing and then along the pipeline route to Seal Island. Construction of a gravel island work surface for drilling and oil production facilities will take place during the first winter and into the open water season. The transport and installation of the drill rig and associated equipment via the ice road, and the construction and installation of two 10 in (0.25 m) pipelines, one to transport crude oil and one for gas for field injection, will all occur during year 2. The two pipelines will be buried together in a single trench. It is estimated that during the winter approximately 16,800 large- volume haul trips between the onshore mine site and a reload area in the vicinity of Egg Island, and 28,500 lighter dump truck trips from Egg Island to Seal Island will be necessary to transport construction gravel to Seal Island. An additional 300 truck trips will be necessary to transport concrete-mat slope protection materials to the island. During the summer approximately 90 to 100 barge trips from Prudhoe Bay or Endicott are expected to support construction. The operational phase will begin with drilling, which will continue for 2 years. Drilling is scheduled to begin in February 2000, using power supplied by diesel generators. This phase of drilling will continue until the power plant is operational in November 2000. Drilling will continue until February 2002, when all 23 development wells (15 production, 7 gas injection) are expected to be drilled. After drilling is completed, only production-related site activities will occur. In order to support operations at Northstar, the proposed operations activity includes the annual construction of an ice road from Pt. McIntyre to the shore crossing of the

pipeline and along the pipeline route to Seal Island. Ice roads will be used to resupply needed equipment, parts, foodstuffs, and products, and for hauling wastes back to existing facilities. During the summer, barge trips will be required between West Dock or Endicott and the island for resupply. Year-round helicopter access to Northstar is planned for movement of personnel, foodstuffs and emergency movement of supplies and equipment. Helicopters will fly at an altitude of at least 1,000 ft (305 m), except for takeoffs, landings, and safe-flight operations. Liberty The BPXA Liberty development will be a self-contained offshore drilling/production facility located on a man-made gravel island with pipelines to shore. The facility will be constructed in Foggy Island Bay in approximately 22 ft (7 m) of water. The proposed construction and production activities are similar to those for the Northstar development described previously, except that Liberty involves construction of a new island, located south of the barrier islands whereas Northstar is to be constructed on the existing remains of Seal Island, north of the barrier islands. Liberty construction will begin in December, 1999, ending in summer, 2001, with planned production startup in November, 2001. Construction may take 2 years or may be compressed into a single year. Well drilling is expected to be completed by February, 2003.

Description of Habitat and Marine Mammal Affected by the Activity

A detailed description of the Beaufort Sea ecosystem and its associated marine mammals can be found in the DEIS prepared for the Northstar development (Corps of Engineers (Corps), 1998) and in the BPXA application. This information is not repeated here but will be considered part of the record of decision for this rulemaking. A copy of the DEIS is available from the Corps upon request (see ADDRESSES). 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 several documents (e.g., Hill et al., 1997) including the BPXA application and the DEIS. Please refer to those documents for information on these species.

Summary of Impacts

Although the potential impacts to the several marine mammal species known to occur in these areas is expected to be limited to harassment, a small number of marine mammals may incur lethal and serious injury. The applicant also requests that in the unlikely event that a small number of marine mammals might be contacted by oil from an oil spill, that these takes also be covered by the regulations. Sounds and non-acoustic stimuli are expected to be generated by vehicle traffic, ice cutting, pipeline construction, offshore trenching, gravel dumping, pile driving, vessel and helicopter operations, and general operations of oil and gas facilities (e.g., generator sounds and gas flaring). The sounds generated from construction operations and associated transportation activities will be detectable underwater and/or in air some distance away from the area of activity. The distance will depend on the nature of the sound source, ambient noise conditions, and the sensitivity of the animal receiving the sound. At times, some of these sounds are likely to be strong enough to cause avoidance or other disturbance reactions by small numbers of marine mammals. The type and significance of behavioral reaction is likely to depend on the behavior of the animal at the time of reception as well as the distance and level of the sound relative to ambient conditions. Because of the potential impact to marine mammals, BPXA has requested NMFS to promulgate regulations under section 101(a)(5)(A) of the MMPA and issue two LOAs that would authorize the incidental taking.

National Environmental Policy Act (NEPA)

On June 12, 1998 (63 FR 32207), the Environmental Protection Agency noted the availability for public review and comment a DEIS prepared by the Corps under NEPA on Beaufort Sea oil and gas development at Northstar. Comments on that document were accepted by the Corps until August 31, 1998 (63 FR 43699, August 14, 1998). NMFS is a cooperating agency, as defined by the Council on Environmental Quality regulations (40 CFR 1501.6), on the preparation of this document. This DEIS, which supplements information contained in the petition and application, is considered part of NMFS' record of decision for determining whether the activity proposed for receiving a small take authorization is having a negligible impact on affected marine mammal stocks and not having an unmitigable adverse impact on subsistence needs. On February 12, 1998 (63 FR 9015), the Minerals Management Service announced its intent to prepare a DEIS on the proposed development and production plan for the Liberty Project. That DEIS is not presently available to the public. NMFS proposes that these two comprehensive documents will meet its NEPA responsibilities. These documents will be considered part of NMFS' record of decision for determining whether the activity proposed for receiving a small take authorization is having a negligible impact on affected marine mammal stocks and not having an unmitigable adverse impact on subsistence needs. Based upon a review of the respective Final EIS (FEIS) and the comments received during rulemaking, NMFS will (1) adopt the Corp and MMS FEISs, (2) amend the Corps and or MMS FEIS to incorporate relevant comments, suggestions and information, or (3) prepare supplemental NEPA documentation.

Information Solicited

NMFS requests interested persons to submit comments, information, and suggestions concerning the BPXA request and the structure and content of the regulations to allow the taking. In particular, NMFS is requesting comment on its plan to propose a single set of 5-year regulations that would govern incidental takings for Northstar and Liberty construction and operation with issuance of annual LOAs for these activities; and provide for authorizations for additional Beaufort Sea oil and gas development projects after notice-and-comment rulemaking. If NMFS proposes regulations governing the taking, interested parties will be provided an additional comment period on the content of the proposed rule.

Dated: February 22, 1999. Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 99-5010 Filed 2-26-99; 8:45 am] BILLING CODE 3510-22-F