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Making Your Views Known On Marine Mammal Regulation
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BP Requests New 5-Year Take Rules for Northstar in the Beaufort
On March 17, 2010, the U. S. National Marine Fisheries Service published Federal Register notice that it has received a request from BP Exploration (Alaska) Inc. for authorization for the take of marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea, AK, for the period April 201--April 2016. BP's request is filed pursuant to the Marine Mammal Protection Act. Granting the request would require NMFS to develop and implement new 5-year regulations under the MMPA governing the incidental taking of marine mammals by BP.
NMFS requests public comment on BP's request. Comments and information must be received by NMFS no later than April 16, 2010.
BP's requested rules would authorize the take of six marine mammal species incidental to operation of the Northstar development in the Beaufort Sea, AK, over the course of 5 years. Construction of Northstar was completed in 2001. The proposed activities for 2011-2016 include a continuation of drilling, production, and emergency training operations but no construction or activities of similar intensity to those conducted between 1999 and 2001.
The likely or possible impacts of the planned offshore oil developments at Northstar on marine mammals involve both nonacoustic and acoustic effects. Potential non-acoustic effects could result from the physical presence of personnel, structures and equipment, construction or
maintenance activities, and the occurrence of oil spills. Petroleum development and associated activities in marine waters introduce sound into the environment, produced by island construction, maintenance, and drilling, as well as vehicles operating on the ice, vessels, aircraft, generators, production machinery, gas flaring, and camp operations.
BP requests authorization to take individuals of three cetacean and three pinniped species by Level B Harassment. Further, BP requests authorization to take five individual ringed seals by serious injury or mortality annually over the course of the 5-year rule.
Click here to read NMFS' Federal Register notice of BP's request
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NMFS Publishes Aboriginal Bowhead Whaling Quotas
On March 5, 2010, the U.S. National Marine Fisheries Service published Federal Register notice of the aboriginal subsistence whaling quota for bowhead whales. NMFS has assigned this quota to the Alaska Eskimo Whaling Commission. In the same notice, NMFS published other limitations on bowhead whale hunting that are adapted from regulations adopted at the 59th Annual Meeting of the International Whaling Commission (IWC).
For 2010, the quota is 75 bowhead whales struck.
NMFS explains in its Federal Register notice that:
"Aboriginal subsistence whaling in the United States is governed by the Whaling Convention Act (16 U.S.C. 916 et seq.). Regulations that implement the Act,
found at 50 CFR 230.6, require the Secretary of Commerce (Secretary) to publish, at
least annually, aboriginal subsistence whaling quotas and any other limitations on aboriginal subsistence whaling deriving from regulations of the IWC."
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" The IWC set a 5-year block quota of 280 bowhead whales landed. For
each of the years 2008 through 2012, the number of bowhead whales
struck may not exceed 67, except that any unused portion of a strike
quota from any year, including 15 unused strikes from the 2003 through
2007 quota, may be carried forward. No more than 15 strikes may be
added to the strike quota for any one year. At the end of the 2009
harvest, there were 15 unused strikes available for carry-forward, so
the combined strike quota for 2010 is 82 (67 + 15).
This arrangement ensures that the total quota of bowhead whales
landed and struck in 2010 will not exceed the catch limits set by the
IWC."
The IWC, and NMFS' regulation at 50 CFR 230.4(c), forbid the taking of calves or any whale accompanied by a calf. Other limitations include:
- Only licensed whaling captains or crew under the control
of those captains may engage in whaling, and they must follow the
provisions of the relevant cooperative agreement between NOAA and a
Native American whaling organization.
- The aboriginal hunters must have adequate crew, supplies,
and equipment. They may not receive money for participating in the
hunt.
- No person may sell or offer for sale whale products from
whales taken in the hunt, except for authentic articles of Native
handicrafts.
- Captains may not continue to whale after the relevant
quota is taken, after the season has been closed, or if their licenses
have been suspended. They may not engage in whaling in a wasteful
manner.
Click here to read NMFS' Federal Register notice
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