[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38180-38182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09900]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R7-ES-2024-0003; FXES111607MRG01-245-FF07CAMM00]


Marine Mammals; Letters of Authorization To Take Pacific 
Walruses, Polar Bears, and Northern Sea Otters in Alaska, in 2023

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of issuance.

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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972, 
as amended, the U.S. Fish and Wildlife Service (Service) issues letters 
of authorization (LOA) for the nonlethal take of polar bears and 
Pacific walruses incidental to oil and gas industry exploration, 
development, and production activities in the Beaufort Sea and the 
adjacent northern coast of Alaska. The Service also issues LOAs for the 
nonlethal take of northern sea otters incidental to pile driving and 
marine construction activities in the Gulf of Alaska. This notice 
announces the LOAs issued in calendar year 2023. The LOAs stipulate 
conditions and methods that minimize impacts to polar bears, Pacific 
walruses, and northern sea otters from these activities.

ADDRESSES: 
    Accessing documents: You may view the letters of authorization at 
https://www.regulations.gov under Docket No. FWS-R7-ES-2024-0003. 
Alternatively, you may request these documents from the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Charles Hamilton, U.S. Fish and 
Wildlife Service, 1011 East Tudor Road MS-341, Anchorage, AK 99503, by 
email at [email protected] or by telephone at (907) 786-3800. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: On August 5, 2021, the U.S. Fish and 
Wildlife Service (Service) published in the Federal Register a final 
rule (86 FR 42982) establishing regulations that allow us to authorize 
the nonlethal, incidental, unintentional take of small numbers of polar 
bears (Ursus maritimus) and Pacific walruses

[[Page 38181]]

(Odobenus rosmarus divergens) during year-round oil and gas industry 
exploration, development, and production activities in the Beaufort Sea 
and adjacent northern coast of Alaska. These incidental take 
regulations are located in subpart J in part 18 of title 50 of the Code 
of Federal Regulations (CFR) and are effective through August 5, 2026. 
The rule prescribed a process under which we issue letters of 
authorization (LOA) to applicants conducting activities as described 
under the provisions of the regulations.
    Each LOA stipulates conditions or methods that are specific to the 
activity and location. Holders of the LOAs must use methods and conduct 
activities in a manner that minimizes to the greatest extent 
practicable adverse impacts on Pacific walruses and polar bears and 
their habitat, and on the availability of these marine mammals for 
subsistence purposes. No intentional take or lethal incidental take is 
authorized under these regulations.
    In accordance with section 101(a)(5)(A) of the Marine Mammal 
Protection Act (16 U.S.C. 1361 et seq.) and our regulations at 50 CFR 
part 18, subpart J, in 2023, we issued LOAs to the companies in the 
Beaufort Sea and adjacent northern coast of Alaska shown in table 1.

 Table 1--Letters of Authorization Issued for Oil and Gas Development Activities in the Beaufort Sea, Alaska, in
                                                      2023
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                 Company                                Project                             LOA #
----------------------------------------------------------------------------------------------------------------
Eni U.S. Operating Company Inc...........  Oil and gas drilling and          23-01.
                                            production within the
                                            Nikaitchuq and Oooguruk Units
                                            on Alaska's North Slope.
ASRC Consulting and Environmental          Well drilling and production      23-02.
 Services.                                  test facility construction and
                                            operation for a methane hydrate
                                            project on the Kuparuk State 7-
                                            11-12 gravel pad within the
                                            Prudhoe Bay Unit on the North
                                            Slope of Alaska.
Alyeska Pipeline Service Company.........  Operation and maintenance of the  23-03.
                                            Trans Alaska Pipeline System,
                                            which extends from Pump Station
                                            1 in the Prudhoe Bay Oilfield
                                            to the Valdez Marine Terminal.
Oil Search Alaska, LLC...................  Oil and gas exploration and       23-04.
                                            development within and adjacent
                                            to the Pikka Unit area and oil
                                            and gas exploration on Oil
                                            Search Alaska operated
                                            leaseholds on Alaska's North
                                            Slope.
Hilcorp Alaska, LLC......................  Year-round oil and gas            23-05.
                                            exploration, production,
                                            development, and support
                                            activities in the Milne Point,
                                            Duck Island (Endicott),
                                            Northstar Island, Prudhoe Bay,
                                            and Point Thomson operation
                                            areas located in the Beaufort
                                            Sea incidental take regulations
                                            area of the North Slope of
                                            Alaska.
Hilcorp Alaska, LLC......................  An amendment request dated        23-05 [Amended in Dec. 2023 from
                                            November 2, 2023, for 23-INC-05   July 2023].
                                            to include three additional pad
                                            expansions, two additional road
                                            expansions, repair of the
                                            Northstar bench, and
                                            construction and use of an ice
                                            road from Niakuk to Endicott's
                                            main drilling island in the
                                            Mine Point, Duck Island
                                            (Endicott), and Northstar
                                            Island operational areas.
                                            Original LOA (23-INC-05) for
                                            year-round oil and gas
                                            exploration, production,
                                            development, and support
                                            activities in the Milne Point,
                                            Duck Island (Endicott),
                                            Northstar Island, Prudhoe Bay,
                                            and Point Thomson operation
                                            areas located in the Beaufort
                                            Sea incidental take regulations
                                            area of the North Slope of
                                            Alaska.
Hilcorp Alaska, LLC......................  A letter from the Service dated   23-05 [Amended in Dec. 2023 from
                                            December 19, 2023, outlining      July 2023].
                                            additional monitoring and
                                            mitigation measures to reduce
                                            disturbance of a putative den
                                            identified through aerial
                                            infrared surveys and located
                                            within the 1-mile buffer zone
                                            of operations and
                                            infrastructure.
Conoco Philips Alaska Inc................  Incidental take of polar bears    23-06.
                                            during oil and gas activities
                                            associated with the Willow
                                            Development (Project) work in
                                            2023-2024. Represents an
                                            extension of Willow LOA 22-INC-
                                            10, which expires August 6,
                                            2023.
Conoco Philips Alaska Inc................  Renewal request of 22-INC-09:     23-07.
                                            Incidental take of polar bears
                                            and Pacific walrus that may
                                            occur during ConocoPhillips
                                            Alaska Inc.'s field-wide
                                            operations in the Kuparuk
                                            River, Western North Slope,
                                            Colville River, Greater Moose's
                                            Tooth, and Bear Tooth Units on
                                            the North Slope of Alaska.
Glacier Oil and Gas......................  Incidental harassment of polar    23-08.
                                            bears and Pacific walrus that
                                            may occur during Glacier Oil
                                            and Gas Corporation's oil
                                            production, facilities and
                                            pipeline maintenance, workovers
                                            of existing wells, and
                                            construction and maintenance of
                                            ice roads associated with the
                                            Badami oilfield near Mikkelsen
                                            Bay in the North Slope.
Conoco Philips Alaska Inc................  Incidental take of polar bears    23-09.
                                            that may occur during CPAI's
                                            Ptarmigan Seismic Survey in the
                                            Greater Mooses Tooth, Bear
                                            Tooth, and non-unitized land on
                                            the North Slope of Alaska.
ASRC Consulting and Environmental          Incidental take of polar bears    23-10.
 Services.                                  associated with Lagniappe
                                            drilling program activities,
                                            including ice road and ice pad
                                            construction, ice road
                                            transportation, well drilling,
                                            and aircraft-supported cleanup
                                            for an oil and gas exploration
                                            well drilling project. Drilling
                                            located south of the Badami
                                            Unit.
Oil Search Alaska, LLC...................  Amendment submitted on Jan. 18,   22-04 [Amended in 2023 from 2022].
                                            2023, to LOA 22-INC-04.
                                            Amendment pertains to the
                                            incidental take of polar bears
                                            that may occur during
                                            activities associated with oil
                                            and gas exploration and
                                            development within and adjacent
                                            to the Pikka Unit area and oil
                                            and gas exploration on OSA-
                                            operated leaseholds on Alaska's
                                            North Slope. Amendment allows
                                            for additional tundra travel to
                                            survey a pipeline route between
                                            Oliktok Point and the Kuparuk
                                            area and the construction of a
                                            10-acre gravel pad alongside
                                            the NDA gravel road.
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[[Page 38182]]

    On April 19, 2023, the Service published in the Federal Register a 
final rule (88 FR 24115) establishing regulations that allow us to 
authorize the nonlethal, incidental, unintentional take of small 
numbers of northern sea otters (Enhydra lutris kenyoni) during marine 
construction and pile-driving activities in coastal waters surrounding 
eight United States Coast Guard (USCG) facilities in the Gulf of 
Alaska. These incidental take regulations are located in subpart L in 
part 18 of title 50 of the Code of Federal Regulations (CFR) and are 
effective through May 19, 2028. The rule prescribed a process under 
which we issue LOAs to the USCG Guard conducting activities as 
described under the provisions of the regulations.
    Each LOA stipulates conditions or methods that are specific to the 
activity and location. Holders of the LOAs must use methods and conduct 
activities in a manner that minimizes to the greatest extent 
practicable adverse impacts on northern sea otters and their habitat, 
and on the availability of northern sea otters for subsistence 
purposes. No intentional take or lethal incidental take is authorized 
under these regulations.
    In accordance with section 101(a)(5)(A) of the Marine Mammal 
Protection Act (16 U.S.C. 1361 et seq.) and our regulations at 50 CFR 
part 18, subpart L, in 2023, we issued two LOAs to the USCG for their 
activities in the Gulf of Alaska shown in table 2.

Table 2--Letters of Authorization Issued to the U.S. Coast Guard (USCG) for Marine Construction and Pile-Driving
                                        Activities in the Gulf of Alaska
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                 Company                                Project                             LOA #
----------------------------------------------------------------------------------------------------------------
USCG.....................................  Incidental take of small numbers  23-CG-01
                                            of northern sea otters that may
                                            occur during activities
                                            associated with pile driving
                                            and marine construction
                                            activities in Cordova, Alaska.
USCG.....................................  Incidental take of small numbers  23-CG-02
                                            of northern sea otters that may
                                            occur during activities
                                            associated with improvements to
                                            the small boat fueling tank
                                            facility at USCG Station
                                            Valdez, Alaska.
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    Authority: We issue this notice under the authority of the Marine 
Mammal Protection Act (16 U.S.C. 1361 et seq.).

Peter Fasbender,
Assistant Regional Director, Fisheries and Ecological Services, Alaska 
Region.
[FR Doc. 2024-09900 Filed 5-6-24; 8:45 am]
BILLING CODE 4333-15-P