[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17347-17348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8906]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 032499A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Offshore Oil and Gas Activities in the Beaufort Sea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Request for panel nominations.

-----------------------------------------------------------------------

SUMMARY: The Marine Mammal Protection Act (MMPA) requires Incidental 
Harassment Authorizations (IHAs) issued thereunder, to prescribe, where 
applicable, the requirements for an independent peer review of research 
and monitoring plans for those activities that take marine mammals 
incidental to the activity and where the activity may affect the 
availability of a species/stock of marine mammal for taking for 
subsistence uses in Arctic waters. In addition, NMFS regulations 
require similar review for Letters of Authorization (LOAs) issued under 
the MMPA for activities in Arctic waters. Because of increasing 
activities and potential MMPA authorizations in Arctic waters, NMFS 
wishes to expand its present list of peer review participants. NMFS is 
therefore accepting nominations from the public for consideration as 
potential reviewers of monitoring and research plans in the Arctic.

DATES: Nominations must be received no later than May 24, 1999.

ADDRESSES: Nominations should be addressed to Donna Wieting, Acting 
Chief, Marine Mammal Conservation Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. 
Additional information may be obtained by writing to this address or by 
telephoning the contact listed here.


[[Page 17348]]


FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301) 
713-2055.

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 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 either regulations are issued or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    Permission may 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, and the permissible methods of taking 
and requirements pertaining to the monitoring and reporting of such 
taking are set forth.
    On April 10, 1996 (61 FR 15884), NMFS published an interim rule 
establishing, among other things, procedures for issuing LOAs under 
section 101(a)(5)(A) and IHAs under section 101(a)(5)(D) of the MMPA.
    Section 101(a)(5)(D)(ii)(III) of the MMPA requires authorizations 
to prescribe, where applicable, the requirements for the ``independent 
peer review of proposed monitoring plans
    or other research proposals where the proposed activity may affect 
the availability of a species or stock for taking for subsistence 
uses...'' This requirement was codified at 50 CFR 216.107. However, due 
to time constraints, it is often necessary for the peer review process 
to be substantially completed prior to issuance of the authorization.

Procedure

    If an activity, taking place in Arctic waters, has the potential to 
cause an adverse impact on those marine mammals taken in subsistence 
harvests, applicants are required to submit to NMFS a complete draft 
Monitoring Plan (Plan) for assessing impacts to marine mammals, either 
with an IHA application but no later than 120 days prior to the date an 
IHA is expected to be issued. The timing of the submission minimizes 
potential conflicts among user groups over whether a proposed Plan is 
adequate for determining the effects of the proposed activity on stocks 
of marine mammals needed for subsistence purposes.
    Upon receipt of a small take application and draft Plan, NMFS 
reviews the documents and makes a preliminary determination on whether 
the activity has the potential to adversely affect the availability of 
a species or stock for subsistence uses. If NMFS makes a preliminary 
determination that the activity has the potential to adversely affect 
the availability of a species or stock for subsistence uses, NMFS will 
(1) establish an independent peer-review panel to critique the Plan and 
provide comments and recommendations on improving monitoring, (2) 
convene a peer review workshop to discuss and evaluate the Plan prior 
to requesting independent peer review, or (3) consult with the Marine 
Mammal Commission (MMC), the Alaska Eskimo Whaling Commission (AEWC), 
and either the North Slope Borough (NSB), or another Native Alaskan 
Interest Group as appropriate to determine the level of review 
appropriate for the activity. The Plan, and NMFS' preliminary 
determination on the level of peer review, is also made available to 
the public at the time of publication in the Federal Register of a 
notice of receipt of an IHA or LOA application. If a peer review 
workshop is convened, independent peer review is requested on the Plan 
after incorporation of any workshop recommendations. Peer review 
usually is also conducted on the results of any monitoring program that 
has previously undergone peer review.
    As an example of a peer-review process, applicants involved in oil 
and gas exploration and development activities in the U.S. Beaufort Sea 
coordinate activities with NMFS and NSB residents and provide a Plan 
several months prior to an activity's commencement. In most years, a 
peer-review workshop is scheduled to review the Plan. That procedure is 
likely to continue into the future. For this type of activity, the 
workshop normally includes 6 to 10 experts in the fields of population 
ecology, survey design, acoustics, and marine mammal behavior. Workshop 
participants are selected by NMFS, in consultation with the MMC, the 
AEWC, the NSB and the applicant, all of whom may have scientific 
representation. Normally, the workshop is chaired by NMFS and minutes 
from the workshop are prepared within 2 weeks by a rapporteur assigned 
to assist the Chair, and made available to the general public upon 
request. Often, the Plan is modified subsequent to the workshop and 
submitted to NMFS for acceptance and submission to the independent peer 
review panel. Selected independent peer reviewers (usually 3 to 4) are 
experts in one or more of the previously mentioned scientific areas who 
are not currently employed or contracted by either the affected Alaskan 
native organization, or NMFS. To avoid a potential conflict of 
interest, marine mammal scientists who are currently employed or 
contracted by potential applicants may be selected for the peer review 
panel, but would not be requested to peer review the Plans of their 
employer.

Nominations Solicited

    NMFS requests interested persons to submit recommendations, 
comments, information, and suggestions concerning potential peer-
reviewers (see ADDRESSES). Nominators should ensure that the potential 
applicant is a biological scientist, familiar either with monitoring 
techniques for assessing marine mammal populations, and/or 
knowledgeable on life history parameters of Arctic marine mammals and 
willing to review a maximum of 1 monitoring plan and resulting research 
report per year without compensation. Upon receipt of an interest in 
participating as an independent peer reviewer, NMFS may solicit 
additional information, including, where necessary, curriculum vitae of 
the interested individual. Applicants who are currently employed or 
contracted by NMFS, the NSB, or the AEWC cannot be selected.

    Dated: April 5, 1999.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 99-8906 Filed 4-8-99; 8:45 am]
BILLING CODE 3510-22-F