|
|
Making Your Views Known On Marine Mammal Regulation
|
NMFS Issues Controversial Permit For Chukchi Seismic
On August 21, 2008, the National Marine Fisheries Service published Federal Register notice that NMFS has issued a final Incidental Hazard Authorization for oil and gas seismic operations in the Chukchi Sea during 2008. Based on the extensive critical comments by environmental and Inupiat groups, this IHA is as controversial as the other offshore seismic IHAs that NMFS has recently issued to the Arctic oil and gas industry.
NMFS issued the IHA under the Marine Mammal Protection Act to ConocoPhillips Alaska, Inc. (CPAI). The IHA authorizes CPAI to take marine mammals, by level B harassment, incidental to conducting open water shallow hazard and site clearance seismic surveys in the Chukchi.
The U.S. Marine Mammal Commission is mandated by federal statute to review and comment on NMFS' marine mammal IHAs. The MMC found little wrong with the proposed IHA. NMFS summarized the MMC's comments as follows:
"The Commission recommends that NMFS issue the IHA
provided that (a) the proposed marine mammal mitigation and monitoring
activities are carried out as described in NMFS' FR Notice of Proposed
IHA; (b) operations be suspended immediately if a dead or seriously
injured marine mammal is found in the vicinity of the operations and
the death or injury could have occurred incidental to those operations;
and (c) the list of species authorized to be taken be expanded to
include fin whales."
NMFS agreed with all these MMC comments. NMFs did not, however, agree with all the enviro and Inupiat group comments arguing that the IHA should not be issued. Prominent among these opposition comments were Endangered Species Act arguments against seismic in the Arctic. NMFS summarized and responded to some of these ESA comments as follows:
"Endangered Species Act
"Comment 51: The CBD [Center for Biological Diversity] states that the proposed IHA will affect, at a minimum, four endangered species, the bowhead, humpback and fin whales, and the polar bear. The CBD and ICAS [Inupiat Community of the Arctic Slope ] states [sic] that as a consequence, NMFS must engage in consultation under Section 7 of the ESA prior to issuing the IHA. Previous recent biological opinions for industrial activities in the Arctic (e.g., the 2006 Arctic Regional Biological Opinion
(ARBO)) have suffered from inadequate descriptions of the proposed
action, inadequate descriptions of the status of the species,
inadequate descriptions of the environmental baseline, inadequate
descriptions of the effects of the action, inadequate analysis of
cumulative effects, and inadequate descriptions and analysis of
proposed mitigation. The CBD hopes NMFS performs the full analysis
required by law and avoids these problems in its consultation for the
proposed IHA. CPAI encourages NMFS to complete a thorough section 7
consultation with FWS to assure that coverage for polar bear and walrus
is addressed."
"[NMFS] Response: Under section 7 of the ESA, NMFS has completed
consultation with the MMS on the issuance of seismic permits for
offshore oil and gas activities in the Beaufort and Chukchi seas. In a
Biological Opinion issued on July 17, 2008, NMFS concluded that the
issuance of seismic survey permits by MMS and the issuance of the
associated IHAs for seismic surveys are not likely to jeopardize the
continued existence of threatened or endangered species (specifically
the bowhead, humpback, and fin whales) under the jurisdiction of NMFS
or destroy or adversely modify any designated critical habitat. The
2008 Biological Opinion takes into consideration all oil and gas
related activities that are reasonably likely to occur, including
exploratory (but not production) oil drilling activities. In addition,
NMFS has issued an Incidental Take Statement under this Biological
Opinion which contains reasonable and prudent measures with
implementing terms and conditions to minimize the effects of take of
bowhead, humpback, and fin whales. Regarding the polar bear, MMS has
contacted the FWS about conducting a section 7 consultation. Walrus is
not an ESA-listed species, therefore, a section 7 consultation is not
warranted."
Based on NMFS' response to comments, NMFS has asked the U.S. Fish and Wildlife Service to consult with NMFS under the ESA with regard to seismic impacts on polar bears.
Click here to read NMFS' Federal Register notice of IHA and to read NMFS' response to comments
|
L-DEO Applies for Seismic IHA for Gulf of Alaska
On August 5, 2008, the U.S National Marine Fisheries Service published notice that Lamont Doherty Earth Observatory has applied for an Incidental Hazard authorization to take marine mammals pursuant to the Marine Mammal Protection Act.
L-DEO asks for permission to take, by Level B harassment only, small numbers of 21 species of
marine mammals incidental to conducting, under a cooperative agreement with the National Science Foundation, a seismic survey in the northeast Gulf of Alaska. The proposed cruise will use the R/V Marcus G. Langseth, which is owned by NSF. It is scheduled to occur from 31 August to 23 September 2008. The purpose of the proposed seismic survey is to examine crustal structure, fault patterns, and tectonic-climate geohistory of the area.
Click here to read NMFS public notice of L-DEO application
|
|
