United States Region 10 Alaska
Environmental Protection 1200 Sixth Avenue Idaho
Agency Seattle, WA 98101 Oregon
Washington
BIOLOGICAL EVALUATION
FOR THE COOK INLET NPDES PERMIT
Baitrn
Islands
Shuviik
1^1 mid
Gutto! Alaska
I 1 1 1 1 1 1 1 1
0 15 30 60 Miles
Krxi Surface Access Restrictions
— — Boundary between Coastal Waters and Territorial Seas
Boundary between Territorial Seas and Federal Waters
¦j General permit will authorize discharges from exploration facilities and new source development and production facilities
t//\ General permit will authorize discharges from exploration facilities and existing development and production facilities
¦ Proposed New Area of Coverage for which the general permit will authorize discharges from exploration facilities
and new source development and production facilities.
January 20, 2006
Prepared for: Prepared by:
U.S. EPA, Region 10
Office of Water
NPDES Permits Unit
Tetra Tech, Inc.
143 Union Blvd. Ste. 1010
Lakewood, CO 80228
TETRA
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CONTENTS
Page
LIST OF FIGURES iv
LIST OF TABLES v
LIST OF ACRONYMS vi
1.0 INTRODUCTION 1-1
1.1 ORGANIZATION OF BIOLOGICAL EVALUATION 1-2
2.0 PROPOSED ACTION 2-1
2.1 DESCRIPTION 01 ACTION AREA 2-1
2.1.1 Restricted Areas 2-1
2.2 COVERED FACILITIES AND NATURE OF DISCHARGES 2-4
2.2.1 Exploration Facilities 2-4
2.2.2 Development Facilities 2-5
2.2.3 Production Facilities 2-5
2.2.4 Existing Facilities 2-5
2.3 AUTHORIZED ACTIVITIES UNDER THE GENERAL NPDES PERMIT 2-6
2.3.1 Technology-Based Permit Requirements 2-6
2.3.1.1 Drilling Fluids 2-6
2.3.1.2 Drill Cuttings 2-7
2.3.1.3 Produced Water 2-8
2.3.1.4 Produced Sand 2-9
2.3.1.5 Well Treatment, Completion and Workover Fluids 2-9
2.3.1.6 Deck Drainage 2-9
2.3.1.7 Sanitary Waste 2-9
2.3.1.8 Domestic Waste 2-10
2.3.1.9 Miscellaneous Discharges 2-10
2.3.1.10 Chemically Treated Seawater Discharges 2-11
2.3.1.11 Stormwater Runoff from Onshore Facilities 2-11
2.3.1.12 All Discharges 2-12
2.3.2 Water Quality-Based Permit Requirements 2-12
2.3.2.1 Alaska State Water Quality Standards 2-12
2.3.3.1 Drilling Fluids and Drill Cuttings 2-15
2.3.3.2 Deck Drainage and Stormwater Runoff 2-15
2.3.3.3 Sanitary Wastewater 2-18
2.3.3.4 Domestic Wastewater 2-19
2.3.3.5 Miscellaneous Discharges 2-20
2.3.3.6 Produced Water and Produced Sand 2-21
2.3.3.7 Fate and Effects Monitoring for Drilling Muds and Cuttings 2-22
2.3.3.8 New Study Requirements 2-22
3.0 SPECIES STATUS AND LIFE HISTORY 3-1
3.1 SNAKE RIVER FALL CHINOOK SALMON (ONCORHYNCHUS TSHA WYTSCHA)3-2
3.1.1 Geographic Boundaries and Spatial Distribution 3-2
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3.1.2 Critical Habitat 3-2
3.1.3 Life History 3-3
3.1.4 Population Trends and Risks 3-3
3.2 SNAKE RIVER SPRING/SUMMER CHINOOK SALMON (ONCORHYNCHUS
TSHA WYTSCHA) 3-3
3.2.1 Geographic Boundaries and Spatial Distribution 3-3
3.2.2 Critical Habitat 3-4
3.2.3 Life History 3-4
3.2.4 Population Trends and Risks 3-4
3.3 SOCKEYE SALMON (
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3.10.1 Geographic Boundaries and Distribution 3-15
3.10.2 Critical Habitat 3-16
3.10.3 Life History 3-16
3.10.4 Population Trends and Risks 3-16
3.11 SPERM WHALES (PHYSETERMACROCEPHALUS) 3-16
3.11.1 Geographic Boundaries and Distribution 3-17
3.11.2 Critical Habitat 3-17
3.11.3 Life History 3-17
3.11.4 Population Trends and Risks 3-17
3.12 STELLER SEA LIONS (EUMETOPIAS JUBATUS) 3-18
3.12.1 Geographic Boundaries and Distribution 3-18
3.12.2 Critical Habitat 3-19
3.12.3 Life History 3-19
3.12.4 Population Trends and Risks 3-19
3.13 NORTHERN SEA OTTER (ENHYDRA L ( I RIS KENYONI) 3-20
3.13.1 Geographic Boundaries and Distribution 3-20
3.14.2 Critical Habitat 3-21
3.13.3 Life History 3-21
3.13.4 Population Trends and Risks 3-21
3 .14 BELUGA WHALE (DELPHINAPTERUS LEUCAS) 3-21
3.14.1 Geographic Boundaries and Distribution 3 -22
3.14.2 Critical Habitat 3-22
3.14.3 Life History 3-22
3.14.4 Population Trends and Risks 3-22
4.0 ENVIRONMENTAL BASELINE 4-1
4.1 DESCRIPTION OI ACTION AREA 4-1
4.2 BIOLOGICAL REQUIREMENTS IN ACTION AREA 4-1
4.3 CURRENT STATUS OF THE ENVIRONMENT 4-2
4.3.1 Oxygen, Phosphate, Nitrate, Nitrite, Ammonia, and Silicate in the Water Column
4-2
4.3.2 Suspended Sediments 4-3
4.3.3 Sources of Contamination 4-3
4.3.3.1 Petroleum Industry 4-3
4.3.3.2 Exploration and Production Discharges 4-3
4.3.3.3 Drilling Fluids and Cuttings 4-5
4.3.3.4 Other Discharges 4-6
4.3.3.5 Oil Spills 4-6
5.0 EFFECTS ON ENDANGERED, THREATENED, AND DEPLETED SPECIES 5-1
5.1 DESCRIPTION OF PARAMETERS OF CONCERN 5-2
5.1.1 Drilling Fluids and Cuttings 5-2
5.1.1.1 Turbidity 5-3
5.1.1.2 Chemical Toxicity 5-3
5.1.2 Produced Waters 5-5
5.1.3 Mixing Zones and Water Quality Standards 5-6
5.1.3.1 Mixing Zones 5-6
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5.1.3.2 Water Quality Standards 5-6
5.2 EFFECT DETERMINATIONS 5-7
5.2.1 Snake River Fall-Run Chinook Salmon 5-7
5.2.2 Snake River Spring/Summer-Run Chinook Salmon 5-7
5.2.3 Snake River Sockeye Salmon 5-8
5.2.4 Short-Tailed Albatross 5-8
5.2.5 Steller's Eider 5-9
5.2.6 Blue Whale 5-9
5.2.7 Fin Whale 5-10
5.2.8 Humpback Whale 5-10
5.2.9 Northern Right Whale 5-11
5.2.10 Sei Whale 5-11
5.2.11 SpermWhale 5-11
5.2.12 Northern Sea Otter 5-11
5.2.13 Steller Sea Lion 5-12
5.3 DEPLETED STOCK ASSESSMENT 5-13
5.3.1 Beluga Whale 5-13
5.4 CUMULATIVE EFECTS 5-14
5.4 INTERDEPENDENT/INTERRELATED ACTIONS 5-15
6.0 CONCLUSION 6-1
7.0 REFERENCES 7-1
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LIST OF FIGURES
Number Page
1 Area of Coverage: Cook Inlet Expired NPDES Permit AKG285000 2-2
2 Geographic area of Coverage for the Proposed General NPDES Permit 2-3
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LIST OF TABLES
Table 2-1. Cook Inlet, Alaska NPDES General Permit No. AKG285000 Active Facilities 2-6
Table 2-2. Proposed and Previous Mixing Zone Radii (meters) 2-14
Table 2-3. ADEC Calculated Dilutions 2-15
Table 2-4. Effluent Limitations and Monitoring Requirements for Drilling Fluids and Drill Cuttings (Discharge 001)
2-16
Table 2-5. Effluent Limitations and Monitoring Requirements for Deck Drainage (Discharge 002) 2-18
Table 2-6. Effluent Limitations and Monitoring Requirements for Sanitary Wastewater (Discharge 003) 2-19
Table 2-7. Effluent Limitations and Monitoring Requirements for Domestic Wastewater (Discharge 004) 2-20
Table 2-8. Effluent Limitations and Monitoring Requirements for Miscellaneous (Discharges 005-014) 2-20
Table 2-9. Effluent Limitations and Monitoring Requirements for Produced Water and Produced Sand 2-21
Table 3-1. Species Listed Under the ESA within the Geographic Area Included in the Proposed Federal Action in
Cook Inlet, Alaska 3-1
Table 3-2. Summary of Critical Habitat Designations for Species Listed Under the ESA within the Geographic Area
Included 3-1
Table 4-1. Cook Inlet Recorded Marine Transportation Spills 4-6
Table 5-1. Chemical Analyses of Produced Water Samples: Source Samples from Shelikof Strait Sediment Quality
Study and Produced Water Samples from the Trading Bay Production Facility Outfall 5-5
Table 6-1. Effects Determinations 6-1
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LIST OF ACRONYMS
ADEC
Alaska Department of Environmental Conservation
ADNR
Alaska Department of Natural Resources
AMSA
Area Meriting Special Attention
API
American Petroleum Institute
BAT
Best available pollution control technology economically achievable
BCT
Best conventional pollution control technologies
BE
Biological Evaluation
BOD
Biochemical Oxygen Demand
BPT
Best Practicable Control Technology
CFR
Code of Federal Regulations
CHA
Critical habitat area
COST
Continental Offshore Stratigraphic Test
CWA
Clean Water Act
DMR
Discharge Monitoring Report
EPA
U.S. Environmental Protection Agency
ESA
Endangered Species Act
ESU
evolutionarily significant unit
FR
Federal Register
GC/MS
Gas Chromatography/Mass Spectrometry
gpd
Gallons per day
m
Meter
mg/L
Milligrams per liter
mL
Milliliter
MLLW
Mean lower low water
MMPA
Marine Mammal Protection Act
MSD
Marine Sanitation Device
NAF
nonaqueous-based drilling fluids
NE
No Effect
NLAA
Not Likely to Adversely Affect
NMFS
National Marine Fisheries Service
NO A A
National Oceanic and Atmospheric Administration
NORM
Naturally Occurring Radioactive Materials
NPDES
National Pollutant Discharge Elimination System
NSPS
New Source Performance Standards
OCS
Outer Continental Shelf
OOC
Offshore Operators Committee
PAH
Polynuclear Aromatic Hydrocarbons
ppb
Parts per billion
ppm
Parts per million
RPE
Reverse Phase Extraction
SBFs
Synthetic-based drilling fluids
SGR
State game refuge
SGS
State game sanctuary
SPP
Suspended particulate phase
TAH
Total Aromatic Hydrocarbons
TAqH
Total Aqueous Hydrocarbons
TSS
Total Suspended Solids
USFWS
U.S. Fish and Wildlife Service
WQBEL
water quality-based effluent limitation
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COOK INLET NPDES PERMIT viii 1/23/2006
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1.0 INTRODUCTION
The U.S. Environmental Protection Agency (EPA), Region 10, proposes to reissue a general National
Pollutant Discharge Elimination System (NPDES) permit for oil and gas exploration, development, and
production facilities in state and federal waters in Cook Inlet, Alaska. Discharges to be authorized by the
proposed permit are from facilities regulated under the Coastal and Offshore Subcategory of the Oil and
Gas Extraction Point Source Category (Title 40 of the Code of Federal Regulations [CFR], Part 435,
Subparts A and D). These facilities are oil and gas operations associated with wellheads in Cook Inlet.
There are 17 offshore platforms in Cook Inlet, 13 or which are active. All but one (Osprey) of these
platforms have applied for coverage under the proposed permit. There are three onshore treatment
facilities along the shores of upper Cook Inlet and approximately 221 miles of undersea pipelines, 78
miles of oil pipeline, and 149 miles of gas pipeline. The NPDES general permit must be reissued to allow
existing oil and gas exploration, development, and production facilities in Cook Inlet to continue
operations. The proposed permit lists 23 operations that might, or might not, all operate and discharge at
one time under the proposed permit. The proposed permit would authorize the following discharges in all
areas of coverage:
• Drilling Fluids and Drill Cuttings
• Deck Drainage
• Sanitary Wastes
• Domestic Wastes
• Desalination Unit Wastes
• Blowout Preventer Fluid
• Boiler Blowdown
• Fire Control System Test Water
• Non-Contact Cooling Water
• Uncontaminated Ballast Water
• Bilge Water
• Excess Cement Slurry
• Mud, Cuttings, Cement at Seafloor
• Completion Fluids
• Workover Fluids
• Test Fluids
• Storm Water Runoff from Onshore Facilities
Waterflooding discharges, produced water discharges, and well treatment fluids (other than test fluids)
would also be authorized for existing upper Cook Inlet development and production operations.
Section 7 of the 1973 Endangered Species Act (ESA) requires that every federal agency, in consultation
with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS),
COOK INLET NPDES PERMIT
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ensure that any action it authorizes is not likely to jeopardize the continued existence of any species listed
under the ESA or result in the destruction or adverse modification of critical habitat required by a listed
species. This document (a Biological Evaluation) provides an assessment of the potential for adverse
impacts to occur to endangered and threatened species or their critical habitat as a consequence of the
issuance of the general NPDES permit for oil and gas exploration, development, and production facilities
in Cook Inlet, Alaska.
1.1 ORGANIZATION OF BIOLOGICAL EVALUATION
This biological evaluation is organized as follows:
• Section 1.0 - Introduction. This section describes the regulatory authority under which the
document is prepared and provides the organization of the document.
• Section 2.0 - Proposed Action. This section describes the federal action that is the subject
of this biological evaluation and provides a description of the action area for the federal
action.
• Section 3.0 - Species Status and Life History. This section describes the geographical
range and distribution, critical habitat, ESA listing history, current known range, and status
information for each of the ESA-listed species being considered in this biological evaluation.
• Section 4.0 - Environmental Baseline. This section provides a brief description of the
action area. Biological requirements of ESA-listed species, and a characterization of baseline
environmental conditions.
• Section 5.0 - Analysis of Effects. This section includes an analysis of the direct and indirect
effects of the proposed action on the species and its critical habitat.
• Section 6.0 - Summary. This section summarizes the effects determinations presented in
Section 5.0 for the ESA-listed species.
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2.0 PROPOSED ACTION
The federal action that is the subject of this Biological Evaluation (BE) is the issuance of a general
NPDES permit for oil and gas exploration, development, and production facilities in Cook Inlet, Alaska.
This section of the BE describes the geographical area (Action Area) covered by the permit and provides
a description of the operations and discharges that would be authorized under the permit.
2.1 DESCRIPTION OF ACTION AREA
The expired general permit authorized discharges from exploratory oil and gas extraction facilities in
Cook Inlet north of a line extending between Cape Douglas(58° 51'Nlatitude, 153° 15' W longitude)
and Port Chatham (59° 13'N latitude, 151° 47'W longitude) (Figure 1). Development and production
facilities were authorized to discharge only in the northern (coastal) portion of this area of coverage. This
is the area north of a line extending across the Inlet at the southern edge of Kalgin Island (Figure 1).
The Action Area of coverage for the reissued general permit will include the areas covered by the expired
permit (Figure 1) and an additional area to the south in the lower portion of Cook Inlet to the northern
edge of Shuyak Island (Figure 2). The expanded area of coverage includes areas under the Minerals
Management Service lease sales 191 and 199 and the adjoining Territorial Seas (Figure 2).
2.1.1 Restricted Areas
The proposed general permit will contain restrictions and requirements to ensure that unreasonable
degradation, as defined by the Ocean Discharge Criteria (40 CFR 125,121), will not occur. Restrictions
and prohibited areas of discharge are listed below:
• No discharges in water depths less than 5 meters [mean lower low water (MLLW) isobath]
for all facilities
• Exploration facilities are prohibited from discharging in waters less than the 10 meter MLLW
isobath
• No discharges in Kamishak Bay west of a line from Cape Douglas to Chinitna Point
• No discharges in Chinitna Bay inside of the line between the points of the shoreline at
latitude 59°52'45"N, longitude 152°48'18" W on the north and latitude 59°46'12" N,
longitude 153°00'24" W on the south
• No discharges in Tuxedni Bay inside of the lines on either side of Chisik Island
from latitude 60°04'06" North, longitude 152°34' 12" W on the mainland to the
southern tip of Chisik Island (latitude 60°05'45" N, longitude 152°33'30" W)
from the point on the mainland at latitude 60° 13'45" N, longitude 152°32'42" W
to the point on the north side of Snug Harbor on Chisik Island (latitude
60°06'36" N, longitude 152°32'54"W)
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Inset
|('fiisik
Is!si ml
to)j£fia &•
Anchor
Point
initn si
junl
Gulf of Alaska
Kcnsii
Viiinsulsi
Vu^ushiH1
Island
Kamisfrat(Bay
hatham
— — Boundary between Coastal Waters and Territorial Seas
Boundary between Territorial Seas and Federal Waters
Expired permit authorized discharges for exploration facilities
Y/A Expired permit authorized discharges from new exploration facilities and existing development and production facilities
Figure 1. Area of Coverage: Cook Inlet Expired NPDES Permit AKG285000.
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1'oint
Possession
ulna Bay
Anchor
(Point
kenai
Peninsula
Kanvsjiak Bay
C ape
Douglas
Barren
Islands
sliuyak
(slant!
¦y
¦
Gulf of Alaska
60 Miles
T77\
Surface Access Restrictions
Boundary between Coastal Waters and Territorial Seas
Boundary between Territorial Seas and Federal Waters
General permit will authorize discharges from exploration facilities and new source development and production facilities
General permit will authorize discharges from exploration facilities and existing development and production facilities
Proposed New Area of Coverage for which the general permit will authorize discharges from exploration facilities
and new source development and production facilities.
Figure 2. Geographic area of Coverage for the Proposed General NPDES Permit.
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In Shelikof Strait, south of a line between Cape Douglas on the west (latitude 58°51' N, 153°15' W) and
the northenmost tip of Shuyak Island on the east (latitude 58°37' N, 152°22' W)
Minerals Management Service Lower Kenia Peninsula deferral area and Barren Island
Deferral area, including the area between the deferral areas and the shore
No discharges within 20 nautical miles of Sugarloaf Island as measured from a center point at
latitude 58° 53' N and longitude 152° 02' W
Shoreward of the 5.5 meter isobath adjacent to either (1) the Clam Gulch Critical Habitat
Area (Sales 32, 40, 46A, and 49) or (2) from the Crescent River northward to a point one-half
mile north of Redoubt Point (Sales 35 and 49).
No discharges within the boundaries of, or within 4,000 meters of, a coastal marsh (the
seaward edge of a coastal marsh is defined as the seaward edge of emergent wetland
vegetation), river delta, river mouth, designated Area Meriting Special Attention (AMSA),
State Game Refuge (SGR), state game sanctuary (SGS), Critical Habitat Area (CHA), or
National Parks. Areas meeting the above classifications within the proposed area of coverage
include:
Palmer Hay Flats SGR Kachemak Bay CHA
Kalgin Island CHA Lake Clark National Park
Susitna Flats SGR Goose Bay SGR
Anchorage Coastal Wildlife Refuge Clam Gulch CHA
Port Graham/Nanwalek AMSA McNeil River SGS
Trading Bay SGR Redoubt Bay CHA
Potter Point SGR
• Restricted tracts identified under the Alaska Department of Natural Resources (ADNR)
Division of Oil and Gas's Mitigation Measure Number 33 (including the mouth of the Susitna
River and Knik and Turnagin Arms).
2.2 COVERED FACILITIES AND NATURE OF DISCHARGES
The federal action would authorize discharges from three types of facilities: exploration, development,
and production facilities. Each of these types of facilities is briefly described below.
2.2.1 Exploration Facilities
Exploration for hydrocarbon-bearing strata can involve indirect methods, such as geological and
geophysical surveys; however, direct exploratory drilling is the only method to confirm the presence and
determine the quantity of hydrocarbons that may be present. Jackup rigs, which are barge-mounted
drilling rigs with extendable legs that can be used in waters up to 300 feet deep, and semisubmersible
units are the most common exploratory drilling facilities likely to used in Cook Inlet (USEPA 1996;
MMS 2003). Shallow exploratory wells are typically drilled in the initial phase of exploration to discover
the presence of oil and gas reservoirs; deep exploratory wells are usually drilled to establish the extent of
the reservoirs (USEPA 1996). The major wastestreams discharged from exploratory facilities are drilling
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fluids, drill cuttings, cooling water, sanitary and domestic wastewater, and deck drainage. Exploratory
wells are not expected to extract hydrocarbons and, therefore, have not been authorized for the discharge
of produced waters.
MMS (2003) estimated that exploratory well depths in the southern portion of the Cook Inlet outer
continental shelf would average 6,000 feet and that each well would generate approximately 150 dry tons
of drilling fluids and approximately 440 dry tons of drill cuttings for disposal. Exploratory operations
were limited to a maximum of five wells per site under the expired NPDES general permit.
2.2.2 Development Facilities
Development of oil and gas reservoirs requires the drilling of wells into the reservoirs to begin
hydrocarbon extraction, increase hydrocarbon production, or to replace wells that are not producing on
existing production sites (USEPA 1996). Operations are conducted from fixed or mobile facilities.
Development wells tend to be smaller in diameter than exploratory wells because the previous
information gained from exploratory drilling allows difficulties associated with the geological and
geophysical properties of the subsurface strata to be anticipated. Development operations may occur
either prior to, or simultaneously with, production operations. Wastestreams discharged from
development operations include those that generally are discharged from exploratory facilities (drilling
fluids, drill cuttings, cooling water, sanitary and domestic wastewater, and deck drainage) but can also
include produced water.
MMS (2003) estimated that development/production well depths in the southern portion of the Cook Inlet
outer continental shelf would average 7,500 feet and that each well would require approximately 75 dry
tons of drilling fluids and generate approximately 550 dry tons of drill cuttings for disposal.
2.2.3 Production Facilities
Production operations consist of the active recovery of hydrocarbons from producing reservoirs.
Facilities conducting production operations generally are not involved in exploration activities. These
facilities typically discharge cooling water, sanitary and domestic wastewater, deck drainage, and
produced water.
2.2.4 Existing Facilities
Eighteen facilities were active during the 5 year period from April 1, 1999 through April 1, 2004 and
subject to the expired NPDES general permit within the area of coverage in Cook Inlet, Alaska (Table 2-
1). Other facilities that were covered by the permit included three exploratory drilling wells (Fire Island,
Sturgeon, Sunfish), Steelhead blowout relief well, and North Forelands.
Oil and gas are extracted from numerous wells associated with production and development platforms.
Oil is generally produced in emulsion with water and must be separated from the water. Gas is generally
produced with significantly less water than is associated with oil production. There are various ways in
which oil and gas are separated from the produced water. Some of the production platforms are equipped
to separate oil and gas from produced water onboard and discharge produced water directly to Cook Inlet.
Other production platforms perform initial oil/water separation and route their produced water to onshore
facilities (Granite Point, Trading Bay, and East Foreland) for further treatment. In these cases, produced
water is discharged from the onshore facility. Under the expired NPDES general permit, produced water
is an authorized discharge from the following facilities: Granite Point Treatment Facility, Trading Bay
Facility, East Forelands Treatment Facility, and platforms Anna, Baker, Bruce, Platform A (Tyonek),
Cross Timbers Platform A, Cross Timbers Platform C, and Spark.
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Table 2-1. Cook Inlet, Alaska NPDES General Permit No. AKG285000 Active Facilities
NPDES Permit No.
Facility Name
Operator
AKG285001
Granite Point Treatment Facility
Unocal
AKG285002
Trading Bay Treatment Facility
Unocal
AKG285003
East Foreland Treatment Facility
XTO Energy
AKG285004
Platform Anna
Unocal
AKG285005
Platform Baker
Unocal
AKG285006
Platform Bruce
Unocal
AKG285007
Platform Dillon
Unocal
AKG285008
King Salmon Platform
Unocal
AKG285009
Dolly Varden Platform
Unocal
AKG2850010
Spark Platform
Marathon
AKG2850011
Platform A (Tyonek Platform)
Phillips
AKG2850012
Cross Timbers Platform A
XTO Energy
AKG2850013
Cross Timbers Platform C
XTO Energy
AKG2850014
Spurr Platform
Unocal
AKG2850015
Granite Point Platform
Unocal
AKG2850016
Grayling Platform
Unocal
AKG2850017
Monopod Platform
Unocal
AKG2850019
Steelhead Platform
Unocal
Occasionally, operators may decide to stop platform operations, ceasing production and subsequent
discharges for some period of time. These facilities may resume production and discharging during the
effective period of the permit. At this time, the platforms Baker, Dillon, Spurr, and Spark have ceased
operations and, with the exception of deck drainage, are not discharging.
2.3 AUTHORIZED ACTIVITIES UNDER THE GENERAL NPDES PERMIT
Requirements and activities that would be authorized under the proposed general permit include
technology-based permit requirements, water quality-based permit limits, and monitoring requirements
2.3.1 Technology-Based Permit Requirements
Technology-based limitations and conditions are proposed in the general permit as required under federal
regulation (Effluent Limitations Guidelines, 40 CFR Part 435, Subparts A and D). These guidelines
establish best practicable control technology currently available (BPT), best conventional pollution
control technology (BCT), best available pollution control technology economically achievable (BAT),
and new source performance standards (NSPS) for the offshore and coastal subcategories of the Oil and
Gas Point Source Category. The limitations and monitoring requirements for the individual wastestreams
that would be authorized by the general permit are described below.
2.3.1.1 Drilling Fluids
Drilling fluids are complex mixtures of clays, barite, and specialty additives used primarily to remove
rock particles (cuttings) from the hole created by the drill bit and transport them to the surface. Other
functions include cooling and lubricating the drill bit and controlling formation pressures. As the hole
becomes deeper and encounters different geological formations, the type of mud, or the mud composition,
may need to be changed to improve drilling performance.
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The technology-based limits for drilling fluids in the expired general permit will be included in the
reissued permit. Discharges of drilling fluids from New Source facilities will not be authorized.
Federal guidelines for the discharge of drilling fluids in offshore and coastal waters establish limits which
are required throughout Cook Inlet. Based on those guidelines, limits and prohibitions for the proposed
general permit include:
• No discharge of free oil
• No discharge of diesel oil
• Minimum toxicity limit of 3% by volume
• Cadmium and mercury in stock barite, which is added to drilling fluids, limited to 3 mg/kg
and 1 mg/kg, respectively
• No discharge of nonaqueous-based drilling fluids, also known as synthetic based drilling
fluids in Territorial Seas and federal waters, except those which adhere to drill cuttings as
described below in section 2.3.1.2
• No discharge of oil-based drilling fluids, inverse emulsion drilling fluids, oil contaminated
drilling fluids, and drilling fluids to which mineral oil has been added
Free oil in drilling fluids discharges is to be measured using the static sheen test method. Toxicity is
measured with a 96-hour LC50 on the suspended particulate phase using the Leptachoirus plumniosus
species. Cadmium and mercury are measured using EPA Methods 245.5 or 7471 on the stock barite prior
to adding it to drilling fluids. These BAT- and NSPS-based limits apply to drilling fluids discharges
throughout the proposed general permit's area of coverage.
2.3.1.2 Drill Cuttings
Drill cuttings are the waste rock particles that are brought up from the well hole during exploratory
drilling operations. During typical operations, a mixture of cuttings and drilling fluid returns to the
surface between the drill pipe and the bore hole. At the surface, the cuttings and fluid are separated and
the cuttings are either saved for analysis or disposed of by discharge into adjacent waters. The main
source of pollutants in drill cuttings are associated with the drilling fluids that adhere to the rock particles.
The technology-based limits in the expired general permit for drill cuttings for exploratory facilities will
be included without modification in the reissued general permit. No discharge of cuttings will be
authorized for new source development and production facilities.
The limits and prohibitions proposed for the general permit include:
• No discharge of free oil associated with cuttings discharges
• No discharge of drill cuttings generated using drilling fluids that are oil contaminated or
contain diesel oil or mineral oil
• Cadmium and mercury in stock barite, which is added to drilling fluids, are limited to
3 mg/kg and 1 mg/kg, respectively
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• The toxicity of suspended particulate phase of drilling fluids is limited to 30,000 ppm
While the discharge of nonaqueous-based drilling fluids will be prohibited under the proposed permit (see
Section 2.3.1.1), the discharge of drill cuttings that are generated using nonaqueous-based drilling fluids
is proposed to be authorized by the reissued permit. These new discharges are only proposed to be
authorized in the territorial seas and federal waters in Cook Inlet. Nonaqueous-based drilling fluids, also
known as synthetic-based fluids, are a pollution prevention technology because the drilling fluids are not
disposed of through bulk discharge at the end of drilling. Instead, the drilling fluids are brought back to
shore and refurbished so that they can be reused. Drilling with synthetic-based fluids allows operators to
drill a slimmer well and causes less erosion of the well during drilling than drilling using water-based
fluids. Therefore, relative to drilling with water-based fluids, the volume of drill cuttings that are
discharged is reduced.
Limitations on the discharge of nonaqueous-based drilling fluids associated with cuttings are based on the
Effluent Limitations Guidelines for the Oil and Gas Extraction Point Source Category (see 40 CFR Part
435, Subpart B). New limits are proposed for both the stock synthetic-base fluids that are added to
drilling fluids and those drilling fluids that adhere to discharged drill cuttings. Limits that are proposed to
be applied to stock base fluids include polynuclear aromatic hydrocarbons (PAH), sediment toxicity (10-
day), and the biodegradation rate. Prior to its use, the drilling fluid is also limited for formation oil
contamination, measured using Gas Chromatography/Mass Spectrometry (GC/MS). Drilling fluids that
adhere to drill cuttings and are discharged are limited for: sediment toxicity (4-day), formation oil
contamination as measured by either a reverse phase extraction test or GC/MS, and base fluids that are
retained on discharged drill cuttings.
2.3.1.3 Produced Water
The term "produced water" refers to the water brought up from the oil-bearing subsurface geologic
formations during the extraction of oil and gas; it can include formation water, injection water, and any
chemicals added to the well hole, or added during the oil/water separation process (USEPA 1996).
All the existing development and production facilities in Cook Inlet are in coastal waters in the area north
of a line extending across Cook Inlet at the southern edge of Kalgin Island (Figure 1). Federal guidelines
for the coastal subcategory of oil and gas extraction point source category allow produced waters to be
discharged to Cook Inlet coastal waters provided these discharges meet a monthly average oil and grease
limit of 29 mg/L and a daily maximum oil and grease limit of 42 mg/L. These limits are contained in the
expired general permit for produced water and will be included without modification, for existing
facilities only, in the reissued general permit.
Produced waters will not be authorized for discharge in either coastal or offshore waters for new sources.
Federal regulations define the term "new source" for the oil and gas extraction point source category. For
Offshore Subcategory facilities (facilities in Territorial Seas or Federal Waters), NSPS were promulgated
on March 4, 1993(58 FR 12454, March 4, 1993). For Coastal Subcategory facilities (those located in
Coastal Waters), NSPS were promulgated on December 16, 1996 (61 FR. 66125, December 16, 1996). In
simple terms, a "new source" with regard to produced waters, is a development/production facility or
onshore treatment facility, that was constructed after issuance of NSPS.
The proposed general permit will include a new produced water sheen monitoring requirement that was
not part of the expired general permit. Under this requirement, operators of existing facilities will observe
the receiving water down-current of the produced water discharge once per day to see if there is a visible
sheen. If a sheen is observed, operators will then be required to collect and analyze a produced water
sample for compliance with the oil and grease limit. Observations will be required to be made during
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slack tide so that the turbulence, which can be present during periods of high ambient velocity does not
interfere with the ability to see a sheen. Observation of a sheen will not be required at times when
conditions, such as sea ice, make it difficult to see a sheen.
2.3.1.4 Produced Sand
The term "produced sand" refers to slurried particles that are the accumulated formation sands and scale
particles generated during oil and gas production (USEPA 1996). It also includes de-sander discharge
from the produced water wastestream and blowdown of the water phase from the produced water treating
system.
The expired general permit prohibited the discharge of produced sand based on NSPS, BAT, and BCT
established by the Offshore Subcategory Effluent Limitations Guidelines. This restriction will be
included without modification in the reissued general permit.
2.3.1.5 Well Treatment, Completion and Workover Fluids
The term "well treatment fluids" refers to any fluid used to restore or improve the productivity of a well
by chemically or physically altering the oil-bearing subsurface geologic formations (strata) after a well
has been drilled. Well completion fluids are salt solutions, weighted brines, polymers, and various
additives used to prevent damage to the well bore during operations that prepare the drilled well for
hydrocarbon production. Workover fluids are salt solutions, weighted brines, polymers, or other specialty
additives used in a producing well to allow safe repair and maintenance or abandonment procedures
(USEPA 1996).
Federal guidelines for NSPS and BAT (40 CFR 435.15) for the offshore category of oil and gas extraction
point sources require monthly average oil and grease limits of 29 mg/L and a daily maximum oil and
grease limit of 42 mg/L for well treatment, completion, and workover fluids. A BCT ELG limit of no free
oil discharge is also required for these discharge categories. These limits for produced water are
contained in the expired general permit and will be included without modification in the reissued general
permit.
2.3.1.6 Deck Drain age
The term "deck drainage" refers to any waste resulting from deck washings, spillage, rainwater, and
runoff from gutters and drains, drip pans, and work areas (USEPA 1996). Federal guidelines for NSPS,
BAT, and BCT for the offshore and coastal subcategories of the oil and gas extraction point source
category require no discharge of free oil for this discharge category as determined by the presence of film,
sheen, or a discoloration of the surface of the receiving water. The proposed general permit also includes
new requirements for stormwater discharges for the existing onshore production facilities (see Section
2.2.3.11 for the stormwater discharge requirements).
2.3.1.7 Sanitary Waste
The term "sanitary waste" refers to human body waste discharged from toilets and urinals within facilities
subject to the general permit (USEPA 1996).
The offshore and coastal subcategory ELGs for NSPS and BCT require residual chlorine to be maintained
as close to 1 mg/L as possible for facilities continuously manned by 10 or more persons. The ELGs also
require no discharge of floating solids for offshore facilities continuously manned by nine or fewer
persons or intermittently manned by any number of persons.
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The expired general permit specified a maximum Total Residual Chlorine limit of 19 mg/L and a
minimum requirement of 1 mg/L. The proposed general permit will specify a maximum Total Residual
Chlorine limit of 2 mg/L and maintain the existing minimum requirement of 1 mg/L for facilities located
in territorial seas. The proposed general permit will specify a maximum Total Residual Chlorine limit of
13.5 mg/1 and a minimum of lmg/1 only for facilities in coastal waters.
The expired general permit also included water quality based limits for biochemical oxygen demand
(BOD), and total suspended solids (TSS). The proposed general permit would maintain the existing
effluent limitations for these parameters in coastal waters and Territorial Seas.
2.3.1.8 Domestic Waste
The term "domestic waste" refers to materials discharged from sinks, showers, laundries, safety showers,
eyewash stations, and galleys within facilities subject to the general permit (USEPA 1996).
Federal guidelines for NSPS, BAT, and BCT for the offshore and coastal subcategories of oil and gas
extraction point sources require no discharge of floating solids or foam for this discharge category. This
limit is contained in the expired general permit and will be included without modification in the reissued
general permit.
2.3.1.9 Miscellaneous Discharges
Miscellaneous discharges that were authorized by the expired general permit include: desalination
wastewater, blowout preventer fluid, boiler blowdown, fire control system test water, noncontact cooling
water, uncontaminated ballast water, bilge water, excess cement slurry, muds, cuttings, and cement at the
sea floor, and waterflooding wastewater. Brief definitions (USEPA 1996; 63 FR 211, January 5, 1998) of
these discharges are provided below:
• desalination wastewater—wastewater associated with the process of creating fresh water from
seawater
• blowout preventer fluid—fluid used to actuate hydraulic equipment on the blowout preventer
• boiler blowdown—discharge of water and minerals drained from boiler drums
• fire control system test water—water released during the training of personnel in fire protection
and the testing and maintenance of fire protection equipment
• noncontact cooling water—seawater that is sometimes treated with biocide, used for noncontact,
once-through cooling of crude oil, produced water, power generators, and various other pieces of
machinery
• uncontaminated ballast water—tanker or platform ballast water, either local seawater or fresh
water, from the location where the ballast water was pumped into the vessel
• bilge water—seawater that becomes contaminated with oil and grease and solids such as rust
when it collects at low points in the bilges
• excess cement slurry—excess mixed cement, including additives and wastes from equipment
washdown, after a cementing operation
• Muds, cuttings, cement at sea floor—materials discharged at the surface of the ocean floor in the
early phases of drilling operations, before the well casing is set, and during well abandonment
and plugging
• waterflooding discharges—discharges associated with the treatment of seawater or produced
water prior to its injection into a hydrocarbon-bearing formation to improve the flow of
hydrocarbons from production wells. These discharges include excess injection water and
backwash from strainers and filtering systems.
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The expired general permit limited these miscellaneous discharges by requiring no free oil discharges, as
monitored by the visual sheen test method. Discharges of uncontaminated ballast water and bilge water
were required to be treated in an oil-water separator. Bilge water discharges were required to be sampled
for free oil using the static sheen test method when discharges occurred during broken, unstable, or stable
ice conditions. The proposed general permit also contains a new sheen monitoring requirement for
produced water discharges. However, the proposed general permit does not require the use of the static
sheen methods during times when storms or ice make observation of a sheen difficult. NPDES permittees
were also required to maintain a precise inventory of the type and quantity of chemicals added to water
flood, noncontact cooling water, and desalinization wastewater discharges.
Federal guidelines for the offshore and coastal subcategories of oil and gas extraction point sources for
this discharge category are not available. The limitations and monitoring requirements described above
for the expired general permit are proposed to be included without modification, except as described
below in Section 2.3.1.10, in the reissued general permit.
2.3.1.10 Ch emically Treated Seawater Disch arges
A broad range of chemicals to treat seawater and fresh water are used in offshore oil and gas operations;
the available literature show more than 20 biocides are commonly used. Those include derivations of
aldehydes, formaldehyde, amine salt, and other compounds. The toxicity of those compounds to marine
organisms, as measured with a 96-hour LC50 test, varies substantially (0.4 mg/L to greater than
1,000 mg/L). The scale inhibitors commonly used are amine phosphate ester and phosphonate
compounds. Scale inhibitors are generally less toxic to marine life than biocides with 96-hour LC50
concentrations shown to be from 1,676 mg/L to greater than 10,000 mg/L. Corrosion inhibitors are
generally more toxic to marine life with 96-hour LC50 values for corrosion inhibitors reported to range
from 1.98 mg/L to 1,050 mg/L.
The discharge of specific biocides, scale inhibitors, and corrosion inhibitors is not proposed to be limited
in the reissued general permit. Due to the large number of chemical additives used, it would be very
difficult to develop technology-based limits for each individual additive. Also, if the permit were to limit
specific chemicals, it could potentially halt the development and use of new and potentially more
beneficial treatment chemicals that would not be specifically listed in the permit and for which discharge
would not be authorized. An additional reason for not specifying biocides is that the field conditions for
each producing well can change and require different treatment over the life of the permit. Instead,
chemically treated seawater discharges will be limited on the basis of the following requirements:
• The concentrations of treatment chemicals in discharges of seawater or fresh water will be
limited to the most stringent of the following:
1) the maximum concentrations and any other conditions specified in the EPA product
registration labeling if the chemical additive is an EPA registered product;
2) the maximum manufacturer's recommended concentration when one exists, or
3) a maximum of 500 mg/L.
The Proposed Permit contains BCT limits prohibiting the discharge of free oil for chemically-treated
seawater and freshwater discharges
2.3.1.11 Stormwater Run off from Onsh ore Facilities
The proposed general permit would include new requirements for existing onshore production facilities.
Operators of the onshore facilities will be required to develop and implement Storm Water Pollution
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Prevention Plans pursuant to CWA § 402(1)(2) and 40 CFR § 122.26(c). These plans will include best
management practices implemented to monitor and maintain operations to prevent contamination of
stormwater. These changes will ensure greater consistency between the stormwater requirements of
onshore production facilities and those typically required for shore-based industrial facilities.
2.3.1.12 All Disch arges
The proposed general permit will prohibit the discharge of rubbish, trash, and other refuse based on the
International Convention for the Prevention of Pollution from Ships ("MARPOL"). It will also require
that the discharge of surfactants, dispersants, and detergents be minimized based on CWA Section 403(c),
33 USC § 1343(c). The Proposed Permit also prohibits the discharge of sandblasting waste pursuant to
33 C.F.R. Part 151.
2.3.2 Water Quality-Based Permit Requirements
The proposed general permit establishes water quality-based limitations and monitoring requirements
necessary to ensure that the authorized discharges comply with Alaska's Water Quality Standards and
with federal ocean discharge criteria (40 CFR Part 125, Subpart M and Section 403 of the Clean Water
Act).
2.3.2.1 Alaska State Water Quality Standards
Section 301(b)(1)(C) of the Clean Water Act, 33 USC § 1311(b)(1)(C), and 40 CFR Part 122.44(d)(1)
require that NPDES permits contain the limitations and conditions that are necessary to attain state Water
Quality Standards. The expired general permit contained limits based on State Water Quality Standards
for metals, hydrocarbons, and toxicity in produced water discharges. Based on updated mixing zone
computations described below, the expired permit's Water Quality Standards based limitations are
proposed to be recalculated. In addition, new limits for whole effluent toxicity on miscellaneous
discharges to which treatment chemicals have been added are proposed. The industry uses treatment
chemicals such as biocides, corrosion inhibitors, and oxygen scavengers in a number of discharges such
as cooling water and water flood wastewater. Many of those chemical additives have been shown to be
highly toxic. To ensure that those discharges comply with the requirements of both State Water Quality
Standards and Ocean Discharge Criteria, whole effluent toxicity limitations are included in the proposed
general permit.
Mixing zones are established by states and EPA to specify a limited the portion of a waterbody in which
otherwise applicable water quality criteria may be exceeded. In coastal waters and Territorial Seas, states
typically have the authority to define mixing zones and determine their size. Chronic aquatic life and
human health criteria are limited on the basis of calculated critical dilution at the edge of the mixing zone.
In general, criteria to protect aquatic life from acute toxic effects of discharges are required to be met at
the edge of a smaller mixing zone called the zone of initial dilution. The zone of initial dilution is
typically intended to further restrict the portion of the waterbody that is acutely toxic to aquatic life.
Alaska's Water Quality Standards specify that acute water quality criteria are met at the edge of a smaller
initial mixing zone (see 18 ACC 70.255(d)). Aquatic life will tend to pass through a smaller zone of
initial dilution fairly rapidly and, due to the short exposure time, acute toxic affects of the discharged
pollutant will be minimized. Chronic aquatic life criteria and human health criteria are based on longer
term exposure of aquatic life to pollutants. Thus, mixing zones are larger than zones of initial dilution
and allow for a longer exposure time.
Alaska's Water Quality Standards do not allow mixing zones to be used unless they are authorized by the
Alaska Department of Environmental Conservation (ADEC). When they are authorized, the standards
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require mixing zones to be as small as practicable (see 18 ACC 70.240). The state regulations found at 18
AAC 70.245 require that in determining the appropriateness and size of a mixing zone, the existing uses
of the waterbody must be fully protected and maintained. Numeric water quality criteria are used to
measure attainment of Water Quality Standards. Although the standards allow numeric criteria for
chronic aquatic life and human health protection to be exceeded within the mixing zone, they must be met
at its boundary. The standards (18 AAC 70.255) also require that the smaller initial mixing zone must be
sized to prevent lethality to passing organisms and that acute aquatic life criteria are met at the boundary
of a smaller zone of initial dilution established within the mixing zone.
Alaska's Water Quality Standards do not allow ADEC to authorize mixing zones if the pollutants could
bioaccumulate or persist in concentrations above natural levels in the environment or if they can be
expected to cause a carcinogenic or other human health risk. ADEC is required to take into account the
potential exposure pathways in determining whether to authorize mixing zones. ADEC has determined
that the discharges authorized by the previous permit are not likely to persist in the environment and,
therefore, has authorized mixing zones. Mixing zones ranging in size from 20 to 1,420 meters from the
discharge point have previously been authorized by the state for Cook Inlet oil and gas facilities.
EPA developed a draft permit based on state established mixing zones based on current discharge rates
and pollutant concentrations reported by the operators in their NPDES permit applications. That permit
was submitted to ADEC on August 19, 2005. ADEC adopted new mixing zones based on industry's
revised application and submitted that information to EPA in its draft 401 certification on November 2,
2005. As calculated by industry, those new mixing rates are based on the maximum projected discharge
rates. A comparison of ADEC's August 19th and November 2nd mixing zones as well as those used to
establish the previous permit's limits is shown in Table 2-2.
The new mixing zones in the proposed general permit are, in most cases, larger than those previously
authorized by ADEC. The main reasons for these larger mixing zones are that a more conservative model
was used in the mixing zone applications for this proposed permit (CORMIX versus Plumes) and mixing
zones were established for reasonable worst case conditions.
The proposed general permit includes a new requirement for a diffuser on the Trading Bay discharge.
The Trading Bay discharge is significantly greater in volume than the other discharges that will be
authorized under this general permit. The discharge is also in fairly shallow water and is much nearer to
sensitive areas than any other produced water discharge in Cook Inlet. Those sensitive areas include the
Trading Bay State Game Refuge and the mouth of the McArthur River. Therefore, EPA has determined
that additional controls are needed for the Trading Bay produced water discharge. Through dividing the
effluent and discharging it through a number of separate ports, a diffuser can greatly increase mixing.
Through more efficient mixing, the size area of the mixing zone can be greatly reduced. The Trading Bay
discharge was examined for a number of discharge velocities, diffuser lengths, and ambient current
speeds to determine a diffuser design that is technically feasible and would result in the smallest mixing
zone. As a result of coordinated efforts between ADEC, the operator, and EPA, a diffuser has been
designed for the Trading Bay discharge that will reduce the mixing zone length from 5,791 meters to 100
meters under most ambient current conditions. Under conditions representative of very low current
speeds the mixing zone with a diffuser will be 2,418 meters. Because mixing zones were established on
the basis of reasonable worst case conditions, the mixing zone approved by ADEC for Trading Bay is
2,418 meters. This much smaller mixing zone will help to ensure that any potential effects from the
discharge are greatly minimized. A compliance schedule is included in the proposed permit and affords
the permittee two years to design, construct, and install the diffuser.
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Table 2-2. Proposed and Previous Mixing Zone Radii (meters)
Facility
Total Aromatic
Hydrocarbons (TAH)/
Total Aqueous
Hydrocarbons (TAqH)
Acute Metals
Chronic Metals
Whole Effluent
Toxicity
Proposed
Previous
Proposed
Previous
Proposed
Previous
Proposed
Previous
Granite Point
(Onshore)
2,685
955
19
20
21
66
780
20
Trading Bay
1,418 a
1,420
<1 a
42
9 c
431
31 a
59
East Foreland
1,794
412
142
20
121
106
1,742
20
TyonekA
36
20
36
20
60
663
73
46
Anna
2,734
363
239
20
262
37
274
40
Bruce
1,840
867
201
20
218
31
715
58
Baker
3,016
555
202
22
216
37
248
20
Dillon
2,121
405
11
20
13
43
210
20
Granite Point
(Platform)
1,863
None
12
None
14
None
533
None
a Mixing zone will be 5,791 m initially. Unocal will reduce the mixing zone to 2,418 m by installing a diffuser on a
two year compliance schedule.
b Mixing zone will be 124 initially. Unocal will reduce the mixing zone to <1 m by installing a diffuser on a two
year compliance schedule.
c Mixing zone will be 760 initially. Unocal will reduce the mixing zone to 9 m by installing a diffuser on a two year
compliance schedule.
d Mixing zone will be 804 initially. Unocal will reduce the mixing zone to 31 m by installing a diffuser on a two
year compliance schedule.
All mixing zones were derived using conditions representative of a reasonable worst case scenario.
ADEC used the CORMIX dispersion model to calculate the dilution the effluent plume receives and
determine where the discharges would meet Water Quality Standards. The discharges were examined for
a variety of conditions. The current speed at which the discharges were modeled was found to have the
most significant effect on mixing. For a single port discharge, the worst case scenario was generally
found to exist at high current speeds. The worst case scenario for a discharge made through a multiple
port diffuser was found to exist at low current speeds. That difference between single port discharges and
diffiisers is caused by changes in the receiving water dynamics created by the discharge made through a
diffuser. A diffuser discharge is typically made at a high velocity through a number of ports. The
diffuser line and the multiple discharges made from a diffuser cause localized instability of the currents.
At high current speeds, that instability results in a very high degree of mixing relative to a discharge made
through a single port. The mixing is less when current speeds are lower; however, better mixing at low
current speeds can be achieved by increasing the diffuser length. For the Trading Bay discharge a
diffuser that will be approximately 100 meters in length. That diffuser will accommodate a high degree
of mixing at both low and high current speeds.
The number of dilutions calculated for the different produced water discharges are shown below in Table
2-3. The dilutions, calculated by CORMIX, were used to derive the numeric Water Quality Standards
based limits in the permit.
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Table 2-3. ADEC Calculated Dilutions
Facility
TAH/TAqH
Acute Metals
Chronic Metals
Whole Effluent
Toxicity
Mixing
Zone(m)
Dilutions
Mixing
Zone (m)
Dilutions
Mixing
Zone(m)
Dilutions
Mixing
Zone (m)
Dilutions
Granite Point
2,685
7,756
19
32.2
21
35.9
780
1,638
(Onshore)
Trading Bay
2,418 a
1,970
<1 b
20.3
9 c
183.3
31 d
346
East Foreland
1,794
2,556
142
64.6
121
55.1
1,742
1,476
TyonekA
36
175.6
36
178.7
60
276.7
73
327
Anna
2,387
12,509
197
599.1
262
665.6
274
701
Bruce
1,447
9,170
130
496
218
550.7
715
2,625
Baker
3,016
15,668
202
151
216
168
248
210
Dillon
2,121
3,386
11
24
13
26
210
358
Granite Point
1,863
7,756
12
32.2
14
35.9
533
1,638
(Platform)
a Mixing zone will be 5,791 initially. Unocal will reduce the mixing zone to 1,554 m by installing a diffuser on a two
year compliance schedule.
b Mixing zone will be 124 initially. Unocal will reduce the mixing zone to 9 m by installing a diffuser on a two year
compliance schedule.
c Mixing zone will be 988 initially. Unocal will reduce the mixing zone to 31 m by installing a diffuser on a two year
compliance schedule.
d Mixing zone will be 83 initially. Unocal will reduce the mixing zone to <1 m by installing a diffuser on a two year
compliance schedule.
2.3.3 Monitoring Requirements
Monitoring requirements for authorized discharge categories are described below.
2.3.3.1 Drilling Fluids and Drill Cuttings
The monitoring requirements for the discharge of drilling fluids and drill cuttings for the proposed general
permit are specified in Table 2-4.
In addition to the requirements shown in Table 2-4, the permittee must maintain a precise chemical
inventory of all constituents added down hole, including all drilling fluid additives used to meet specific
drilling requirements. The permittee must maintain these records for each fluid system for a period of 5
years, and make these records available to EPA upon request.
2.3.3.2 Deck Drainage and Stormwater Runoff
The monitoring requirements for the discharge of deck drainage and stormwater for the proposed general
permit are shown in Table 2-5. In addition, operators of shore-based facilities shall comply with Storm
Water Pollution Prevention Plan requirements. The free oil limits and toxicity testing requirements are
not proposed to be changed from those in the expired permit.
The permittee must ensure that deck drainage contaminated with oil and grease is processed through an
oil-water separator prior to discharge. Once per discharge event, the permittee must sample deck
drainage discharges that are processed through the oil-water separator and test for sheen, total aromatic
hydrocarbons, total aqueous hydrocarbons, and polynuclear aromatic hydrocarbons.
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Table 2-4. Effluent Limitations and Monitoring Requirements for Drilling Fluids and Drill Cuttings (Discharge 001)
Effluent Limitation
Monitoring Requirements
Discharge
Pollutant Parameter
Average
Monthly Limit
Maximum Daily
Limit
Measurement
Frequency
Sample Type
Suspended Particulate Phase toxicitynote 1
Minimum 96-hour LC50 of
30,000 ppm
Monthly and
End-of-Well
Grab
Drilling fluids
No dischargenote^
Daily
Grab
Free oil
No discharge n°tes;3&4
Daily
Visual
Diesel oil
No discharge
Daily
Grab
Water-based fluids and
cuttings
Mercury
1 mg/kgnote 3
Once per well
Grab
Cadmium
3 mg/kgnotes
Once per well
Grab
Total Volumenote2
Report
Monthly
Estimate
Depth Dependent Discharge Rate note,:1
0 to 5 meters
>5 to 20 meters
No discharge
500 bbl/hr
Continuous during
discharge
Estimate
>20 to 40 meters
750 bbl/hr
>40 meters
1,000 bbl/hr
Nonaqueous fluids
Drilling fluids
No discharge
Daily
Observation
Nonaqueous stock base
fluid
(C16-C18 internal olefin,
C12-C14 ester or Cs ester)
Mercury
1 mg/kgnotes
Annual
Grab
Cadmium
3 mg/l1
egnote3
Annual
Grab
p^|_| note b
mass rationote' <1x10"s
Annual
Grab
Sediment toxicity
rationoteB <1.0
Annual
Grab
Biodegradation rate
rationotea <1.0
Annual
Grab
Total Volume
Report
Monthly
Estimate
Free oil
No dischargenoteJana 4
Daily
Grab
Diesel oil
No discharge
Daily
Grab
Nonaqueous
Drilling Fluids which adhere
to drill cuttings
(Offshore Subcategory
Only)
SPP toxicitynote 1
Minimum 96-hour LC50 of
30,000 ppm
Monthly
Grab
Sediment toxicity
Drilling fluid sediment toxicity
rationote 10 <1.0
Annual
Grab
Formation oil
No dischargenote 11
Daily
Grab
Base fluid retained on drill cuttings
(C16-C18 internal olefin stocknote )
6.9 g NAF base fluid/100 g wet
drill cuttingsnote13
Dailynote 15
Grab
Base fluid retained on drill cuttingsnote 14
(C12-C14 ester or Cs ester stock)
9.4 g NAF base fluid/100 g wet
drill cuttingsnote13
Dailynote 15
Grab
Total Volume
Report
Monthly
Estimate
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Footnotes:
1 As determined by the 96-hour suspended particulate phase (SPP) toxicity test. See 40 CFR Part 435, Subpart A, Appendix 1.
2 Report total volumes for all types of operations (exploratory, production and development). See Parts 11. B.4.a and 11. B.4. b of the permit
3 Maximum flow rate of total fluids and cuttings includes pre-dilutant water; water depths are measured from mean lower low water.
4 As determined by the static sheen test. See 40 CFR Part 435, Subpart A, Appendix 1.
5 Dry weight in the stock barite. Analysis shall be conducted using EPA Methods 245.5 or 7471. The permittee shall analyze a representative sample of
stock barite once prior to drilling each well and submit the results with the DMR for the month in which drilling operations commence for the respective
well. If the permittee uses the same supply of stock barite to drill subsequent wells, the permittee may submit the same analysis for those subsequent
wells.
6 Polynuclear Aromatic Hydrocarbons.
7 PAH mass ratio = [mass (g) of PAH (as phenanthrene)] [mass (g) of stock base fluid] as determined by EPA Method 1654, Revision A, entitled "PAH
Content of Oil by HPLC/UV," December 1992. See part III. D of the permit.
8 Base fluid sediment toxicity ratio = [10-day LC50 of C16-C18 internal olefin, C12-C14 ester or Cs ester] [10-day LC50 of stock base fluid] as determined by
ASTM E 1367-92 method: "Standard Guide for Conducting 10-day Static Sediment Toxicity Tests with Marine and Estuarine Amphipods," 1992, after
preparing the sediment according to the method specified at 40 CFR Part 435, Subpart A, Appendix 3. See Section III.B of the permit.
9 Biodegradation rate ratio = [cumulative gas production (ml) of C16-C18 internal olefin, C12-C14 ester or Cs ester] [cumulative gas production (ml) of stock
base fluid], both at 275 days as determined by ISO 11734:1995 method: "Water quality - Evaluation of the 'ultimate' anaerobic biodegradability of organic
compounds in digested sludge—Method by measurement of the biogas production (1995 edition)" as modified for the marine environment. See Section
III.C of the permit.
10 Drilling fluid sediment toxicity ratio = [4-day LC50 of C16-C18 internal olefin] [4-day LC50 of drilling fluid removed from drill cuttings at the solids control
equipment] as determined by ASTM E 1367-92 method: "Standard Guide for Conducting 10-day Static Sediment Toxicity Tests with Marine and Estuarine
Amphipods," 1992, after preparing the sediment according to the method specified in Appendix A of the permit.
11 As determined before drilling fluids are shipped offshore by the GC/MS compliance assurance method (see Section III.E of the permit), and as determined
prior to discharge by the Reverse Phase Extraction (RPE) method (see Section III.F of the permit) applied to drilling fluid removed from drill cuttings. If the
operator wishes to confirm the results of the RPE method, the operator may use the GC/MS compliance assurance method (Section III.E of the permit).
Results from the GC/MS compliance assurance method shall supercede the results of the RPE method.
12 This limitation is applicable only when the nonaqueous drilling fluid (NAF) base fluid meets the stock limitations defined in this table.
13 As determined by the American Petroleum Institute (API) retort method. See Section III.G of the permit.
14 Averaged over all well sections.
15 Monitoring shall be performed at least once per day when generating new cuttings, except when meeting the conditions of the Best Management Practices
described in section V.G. below. Operators conducting fast drilling (i.e., greater than 500 linear feet advancement of the drill bit per day using nonaqueous
drilling fluids) shall collect and analyze one set of drill cuttings samples per 500 linear feet drilled, with a maximum of three sets per day. Operators shall
collect a single discrete drill cuttings sample for each point of discharge to the ocean. The weighted average of the results of all discharge points for each
sampling interval will be used to determine compliance.
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Table 2-5. Effluent Limitations and Monitoring Requirements for Deck Drainage (Discharge 002)
Effluent
Parameter
Units
Effluent Limitations
Monitoring Requirements
Average Maximum
Monthly Limit Daily Limit
Sample Frequency
Sample Type
Free oil
...
No dischargenote1
Daily"0'02
Visual
Whole effluent
toxicitynote3
TUcnote5
Report
Once during the first year
the permittee is covered by
the permitnote 4
Part III.A
Flow
MGD
Monthly
Estimated
Footnotes:
1 If discharge occurs during broken or unstable ice conditions, or during stable ice conditions, the Static Sheen
Test must be used (see Appendix 1 to 40 CFR part 435, subpart A).
2 When discharging.
3 Contaminated deck drainage must be processed through an oil-water separator prior to discharge and
samples for that portion of the deck drainage collected from the separator effluent must be sampled for WET
testing.
4 Sample must be collected during a significant rainfall or snow melt. If discharge of deck drainage separate
from produced water is initiated after the first year of the permit, sampling must occur during the year
following the initiation of separate deck drainage discharge.
5 With the final report for each test, the following must also be reported: date and time of sample, the type of
sample (i.e., rainfall or snow melt), estimate of daily flow and basis for the estimate (e.g., turbine meters,
monthly precipitation, estimated washdown).
If deck drainage is commingled with produced water, this discharge must be considered produced water
for monitoring purposes. However, samples collected for compliance with the produced water oil and
grease limits shall be taken prior to commingling the produced water stream with deck drainage or any
other wastestream. Monitoring for compliance with the free oil prohibition must be accomplished prior to
commingling. The estimated deck drainage flow rate must be reported in the comment section of the
discharge monitoring report (DMR).
2.3.3.3 Sanitary Wastewater
The monitoring requirements for the discharge of sanitary wastewater for the proposed general permit are
shown in Table 2-6.
The term M10, used in Table 2-6, refers to platforms continuously manned by 10 or more persons. The
term M9IM refers to platforms continuously manned by 9 or fewer persons or intermittently manned by
more persons. Intermittently manned means manned for fewer than thirty consecutive days.
For any facility using a marine sanitation device (MSD), the permittee must conduct annual testing of the
MSD to ensure that the unit is operating properly. The permittee must note on the December Discharge
Monitoring Report (DMR) the results of the test.
In cases where the sanitary and domestic wastes are mixed prior to discharge and sampling of the sanitary
waste component of the discharge is infeasible, the discharge may be sampled after mixing, however, the
most stringent discharge limitations for both discharges apply to the mixed wastestream.
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Table 2-6. Effluent Limitations and Monitoring Requirements for Sanitary Wastewater (Discharge
003)
Effluent Limitations
Monitoring Requirements
Discharge
Effluent
Parameter
Monthly
Avg. Limit
Daily Max.
Limit
Sample
Frequency
Sample
Type
Flow Rate
Report
1/Month
Estimate
Total Residual
Chlorine
1 mg/l Minimumnote 5
1/Month
Grab
Sanitary Waste
Water
Total Residual
Chlorine
7 mg/lnote6
1/Month
Grab
All Discharges note2
Floating Solids
No Discharge
1/Day
Observationnote 1
M10 MSD
BODnote 3
30 mg/l
60 mg/l
1/Month
Grab
and MSD/Biological
Treatment Units
TSSnote 3
51 mg/l
67 mg/l
1/Month
Grab
M9IM MSD
BODnote 3
30 mg/l
60 mg/l
1/Month
Grab
and MSD/Biological
Treatment Units
TSSnote 3
51 mg/l
67 mg/l
1/Month
Grab
M10 Biological
BODnote 3
30 mg/l
60 mg/l
1/Month
Grab
Treatment Units
not© 3, 4
30 mg/l
60 mg/l
1/Month
Grab
M9IM Biological
BODnote 3
48 mg/l
90 mg/l
1/Month
Grab
Treatment Units
not© 3, 4
56 mg/l
108 mg/l
1/Month
Grab
Footnotes:
1 The permittee must monitor by observing the surface of the receiving water in the vicinity of the outfall(s)
during daylight at the time of maximum estimated discharge. For domestic waste, observations must follow either
the morning or midday meal.
2 In cases where sanitary and domestic wastes are mixed prior to discharge, and sampling of the sanitary
waste component stream is infeasible, the discharge may be sampled after mixing. In such cases, the discharge
limitations for sanitary wastes must apply to the mixed wastestream.
3 The numeric limits for BOD and TSS apply only to discharges to state waters.
4 The TSS limitation for biological treatment units is a net value. The net TSS value is determined by
subtracting the TSS value of the intake water from the TSS value of the effluent. Report the TSS value of the intake
water on the comment section of the DMR. For those facilities that use filtered water in the biological treatment
units, the TSS of the effluent may be reported as the net value. Samples collected to determine the TSS value of the
intake water must be taken on the same day, during the same time period that the effluent sample is taken. Intake
water samples must be taken at the point where the water enters the facility prior to mixing with other flows. Influent
samples must be taken with the same frequency that effluent samples are taken.
5 Immediately after chlorination.
6 Measured immediately prior to discharging for facilities located in the Territorial Seas.
2.3.3.4 Domestic Wastewater
The monitoring requirements for the discharge of domestic wastewater for the proposed general permit
are shown in Table 2-7.
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Table 2-7. Effluent Limitations and Monitoring Requirements for Domestic Wastewater (Discharge
004)
Effluent
Parameter
Effluent Limitations
Monitoring Requirements
Discharge
Average
Monthly Limit
Maximum Daily
Limit
Sample
Frequency
Sample
Type
Domestic
Flow Rate
Report
1/Month
Estimate
Wastewater
(004)note2
Floating Solids
No Discharge
1/Daynote1
Visual
Foam
No Discharge
1/Day
Visual
Footnotes:
1 The permittee must monitor by observing the surface of the receiving water in the vicinity of the outfall(s)
during daylight at the time of maximum estimated discharge. For domestic waste, observations must follow
either the morning or midday meal.
2 In cases where sanitary and domestic wastes are mixed prior to discharge, and sampling of the sanitary
waste component stream is infeasible, the discharge may be sampled after mixing. In such cases, the
discharge limitations for sanitary wastes must apply to the mixed wastestream.
In cases where the sanitary and domestic wastes are mixed prior to discharge, and sampling of the
sanitary waste component of the discharge is infeasible, the discharge may be sampled after mixing,
however, the most stringent discharge limitations for both discharges apply to the mixed wastestream.
2.3.3.5 Miscellaneous Discharges
The monitoring requirements associated with the discharge of miscellaneous categories (desalination unit
wastes, blowout preventer mud, boiler blowdown, fire control system test water, noncontact cooling
water, uncontaminated ballast water, bilge water, excess cement slurry, mud, cuttings, cement at the sea
floor, and waterflooding, must comply with the following effluent limitations and monitoring
requirements shown in Table 2-8.
Table 2-8. Effluent Limitations and Monitoring Requirements for Miscellaneous (Discharges 005-
014)
Effluent Limitations
Monitoring Requirements
Parameter
Average Monthly
Limit
Maximum Daily
Limit
Sample
Frequency
Sample
Type
Flow
Report
Monthly
Estimate
Free Oil
No discharge note l
No discharge note l
Once/Weeknotel
Visual
Chemical Additives
See Section II.F.3 of the draft permit
Monthly
Calculation
Whole Effluent
See Section II.F.4
See Section II.F.4
Once/Quarter
Grab
Toxicitynote 2
of the draft permit
of the draft permit
Footnotes:
1 Discharge is limited to those times that a visible sheen observation is possible unless the operator uses the
static sheen method. Monitoring shall be performed using the visual sheen method on the surface of the
receiving water once per week during periods of slack tide when discharging, or by use of the static sheen
method at the operator's option. The number of days a sheen is observed must be recorded. For discharges
during stable ice, below ice, to unstable ice or broken ice conditions, a water temperature that approximates
surface water temperatures after breakup shall be used.
2 Applicable to discharges to which chemical additives have been added.
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In addition to the monitoring requirements specified in Table 2-8, permittees must maintain an annual
inventory of the quantities and rates of chemicals and biocides that are added to desalination unit
wastewater. Each annual inventory must be assembled for the calendar year and submitted to EPA by
March 1 of the following year.
2.3.3.6 Produced Water and Produced Sand
The monitoring requirements for produced water discharged from existing facilities are shown in Table 2-
9. There are no monitoring requirements for produced sand because no discharges are allowed.
Table 2-9. Effluent Limitations and Monitoring Requirements for Produced Water and Produced
Sand
Effluent
Limitations
Monitoring Requirements
Parameter
Monthly Avg.
Daily Max.
Sample
Frequency
Sample
Type
Flow Rate
Report
Report
1/Week
Estimate
Produced Sand
No Discharge
No Discharge
Oil and Grease
29 mg/L
42 mg/L
1/Week
Grabnote'
pH < 1 MGD
6.0 to 9.0 S.U.
1/Month
Grab
pH > 1 MGD
6.0 to 9.0 S.U.
1/Week
Grab
Free Oil
Reportnote"
1/Daynote^
Visual Sheen
Footnotes
1 The sample type shall be either grab, or a 24-hour composite, which consists of the arithmetic average of the
results of four grab samples taken over a 24-hour period. If only one sample is taken for any one month, it
must meet both the daily and monthly limits. Samples shall be collected prior to the addition of any seawater
to the produced water wastestream.
2 See Section II.G.6.b ofthe draft permit.
In addition to the monitoring requirements shown in Table 2-9, produced waters are required to be
analyzed once a month for TAH and TAqH in accordance with analytical requirements cited in Alaska
Water Quality Standards (18 AAC 70.020(b)); once a month for ammonia, total copper, total mercury,
total manganese, total nickel, and total zinc; and once a quarter for whole effluent toxicity.
The proposed general permit will reduce the monitoring frequency of produced water if the permittee has
complied with the water quality-based effluent limitations (WQBELs) (compliance with water quality
limits are determined using measured sample results and the application of the dilution factors shown in
Table 2-3 for the mixing zones proposed in Table 2-2) for 12 consecutive months. If compliance is
achieved for 12 consecutive months the monitoring frequency of TAH, TAqH, ammonia, total copper,
total mercury, total manganese, total lead, total nickel, and total zinc would be reduced to once per
quarter; the monitoring frequency for whole effluent toxicity would be reduced to once every 6 weeks.
The proposed general permit will increase the monitoring frequency of produced water if the permittee
has not complied with the WQBELs until compliance has been demonstrated for a period of 3 consecutive
months. After compliance has been established for 3 months, the required frequency shall return to the
default frequency of one sample per month (TAH, TAqH, ammonia, total copper, total mercury, total
manganese, total lead, total nickel, and total zinc) or one sample per quarter whole effluent toxicity). The
increased monitoring frequency is once per week for TAH, TAqH, ammonia, total copper, total, mercury,
total nickel, and total zinc, and once per month for whole effluent toxicity.
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2.3.3.7 Fate and Effects Monitoring for Drilling Muds and Cuttings
The expired general permit required operators of new exploration facilities that were within 4,000 meters
of sensitive areas such as a coastal marsh, river delta, or river mouth, or a designated AMSA, State Game
Refuge, State Game Sanctuary, Critical Habitat Area, or National Park to conduct baseline monitoring of
the fate and effects of drilling muds and cuttings discharges. There were, however, no new exploration
facilities that were within 4,000 meters of sensitive areas, so no baseline monitoring was conducted under
the expired permit. To fulfill EPA's requirements under Clean Water Act (CWA) section 403(c), which
requires that the potential impacts of permitted discharges be fully understood, the monitoring
requirement from the expired general permit is proposed to be extended to cover all new facilities
installed after the effective date of the new permit.
2.3.3.8 New Study Requirements
Little ambient data associated with oil and gas discharges in Cook Inlet presently exists. The only
available sediment data were collected in the far southern portions of Cook Inlet, well over 100 miles
from the existing large volume produced water discharges. While those data could indicate whether
general contamination exists, due to the collection location, there is no way to draw a connection to the
existing produced water discharges. Available ambient water column data relevant to the existing
discharges are also extremely limited. Because of the data limitations, EPA has historically relied on
tools such as dispersion modeling to analyze the potential effects of discharges for permitting decision
making.
As a means to increase available ambient data and ensure that future permit decisions are based on a
better body of information, the proposed general permit will require new fate and effects monitoring for
large volume produced water discharges. Under this new requirement, operators of produced water
discharges greater than 100,000 gallons per day will be required to conduct a sediment and water column
sampling study. The goal of the study is to determine if there is a reasonable potential for large volume
produced water discharges to impact sensitive areas of Cook Inlet. To achieve that goal, the permit is
proposed to require that operators plan and conduct studies that, at a minimum, would include the
collection of both sediment and water column samples at 50 meter intervals over a distance of 2,000
meters between the discharge point and the closest sensitive habitat. Sediment sampling will be
accomplished by a minimum of one box core or similar sample collected at each station. At a minimum,
water column monitoring will include collection of a sample from both the mid- and lower-water column
at each station. All samples will be analyzed for the metals and hydrocarbons that are limited in produced
water discharges. Operators with large volume produced water discharges will be required to submit a
study plan to EPA for approval prior to the commencement of monitoring. Because the studies will be in
areas within Alaska State waters, EPA plans to coordinate review of the study plans with ADEC and
obtain input as a part of the approval process. Therefore, the plan will also be required to be submitted to
ADEC.
Pursuant to the Ocean Discharge Criteria, EPA is required to fully understand the potential impacts to the
marine environment of future large volume discharges that may be placed in Cook Inlet. The information
obtained from these studies will help EPA comply with the requirements of Ocean Discharge Criteria
Evaluations in future permitting actions. In addition, the information will be used by both EPA and
ADEC to determine whether any future changes are needed to the permit conditions to meet the
requirements of Alaska's Water Quality Standards.
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3.0
SPECIES STATUS AND LIFE HISTORY
Information provided by NMFS and the USFWS on the distribution of threatened and endangered species
was consulted to identify 12 species of interest for consideration in the Biological Evaluation. Table 3-1
shows a list of these species, their current status, and the Federal Register (FR) final rule notice for each
species. The Cook Inlet stock of beluga whales has been designated as depleted under the Marine
Mammal Protection Act (MMPA) and are a federal species of concern; therefore, beluga whales are also
addressed under this section (NMFS 2000c).
Table 3-1. Species Listed Under the ESA within the Geographic Area Included in the Proposed
Federal Action in Cook Inlet, Alaska
Species
Population
Present
Status
Federal Register Notice
Chinook Salmon
Snake River fall run
Threatened
57 FR 14653
04/22/92
Snake River spring/summer run
Threatened
57 FR 14653
04/22/92
Sockeye Salmon
Snake River
Endangered
56 FR 58619
11/20/91
Short-tailed Albatross
U.S. waters
Endangered
65 FR 46643
7/31/00
Steller's Eider
Alaska
Threatened
62 FR 31748
6/11/97
Blue Whale
North Pacific
Endangered
35 FR 8495
6/2/70
Fin Whale
Northeast Pacific
Endangered
35 FR 8491
35 FR 8498
6/2/70
6/2/70
Humpback Whale
North Pacific
Endangered
35 FR 8491
6/2/70
Northern Right Whale
North Pacific
Endangered
35 FR 8495
68 FR 17560
6/2/70
4/10/03
Sei Whale
North Pacific
Endangered
35 FR 8498
6/2/70
Sperm Whale
North Pacific
Endangered
35 FR 8495
6/2/70
Northern Sea Otter
Southwest Alaska
Threatened
70 FR 46366
8/9/05
Steller Sea Lion
Western (West of 144 EW longitude)
Eastern (East of 144E W longitude)
Endangered
Threatened
62 FR 24355
62 FR 24345
5/5/97
5/5/97
Table 3-2 provides the FR notices for critical habitat for these species. Each of these species is discussed
in subsequent sections.
Table 3-2. Summary of Critical Habitat Designations for Species Listed Under the ESA within the
Geographic Area Included
Species
Population
Present Status
Federal Register Notice
Chinook Salmon
Snake River Fall Run
Final Rule
58 FR 68543
(modified
63 FR 11515)
12/28/93
3/9/98
Snake River Spring/Summer Run
Final Rule
58 FR 68543
12/28/93
Sockeye Salmon
Snake River
Final Rule
58 FR 68543
12/28/93
Short-tailed Albatross
U.S. waters
Not Designated
65 FR 46643
7/31/00
Steller's Eider
Alaska
Final Rule
66 FR 8849
2/2/01
Blue Whale
North Pacific
Not Designated
-
-
Fin Whale
Northeast Pacific
Not Designated
-
-
Humpback Whale
Central North Pacific
Not Designated
-
-
Northern Right Whale
North Pacific
Not Designated
67 FR 7660
2/20/02
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Species
Population
Present Status
Federal Register Notice
Sei Whale
North Pacific
Not Designated
-
-
Sperm Whale
North Pacific
Not Designated
-
-
Northern Sea Otter
Southwest Alaska
Not Designated
-
-
Steller Sea Lion
Western (West of 144E W longitude)
Not Designated
-
-
3.1 SNAKE RIVER FALL CHINOOK SALMON (ONCORHYNCHUS TSHA WYTSCHA)
Chinook salmon are anadromous and semelparous meaning that as adults, they migrate from a marine
environment into the fresh water streams and rivers of their birth (anadromous) where they spawn and die
(semelparous). Seasonal "runs" (i.e., spring, summer, fall, or winter) have been identified on the basis of
when adult chinook salmon enter fresh water to begin their spawning migration. Because genetic
analyses indicate that fall-run chinook salmon in the Snake River are a distinct evolutionarily significant
unit (ESU) from the spring/summer-run in the Snake River Basin (Waples et al. 1991), Snake River fall-
run chinook salmon are considered separately. NMFS clarified the status of both ESUs as threatened in
1992 (NMFS 1992).
Two distinct races have evolved among chinook salmon. The "stream-type" race of chinook salmon, is
found most commonly in headwater streams. Steam-type chinook salmon have a longer fresh water
residency, and demonstrate extensive offshore migrations into the North Pacific before returning to their
natal streams in the spring or summer months (NMFS 1998; Healy 1991). The "ocean-type" chinook,
including the Snake River fall-run chinook salmon ESU are commonly found in coastal streams in North
America. Ocean-type chinook migrate to sea where they tend to spend their ocean life in coastal waters
within about 1,000 km from their natal river (NMFS 1998; Healy 1991). Ocean-type chinook salmon
return to their natal streams or rivers in spring, winter, fall, summer, and late-fall runs, but summer and
fall runs predominate. The difference between these life history types is also physical, with both genetic
and morphological foundations (NMFS 1998).
3.1.1 Geographic Boundaries and Spatial Distribution
The Snake River includes the mainstem river and all tributaries, from their confluence with the Columbia
River to the Hells Canyon Dam complex. Stock-specific information on spatial and temporal distribution
of Snake River chinook salmon within the marine environment are primarily based on the recovery of
coded-wire tagged chinook salmon under the U.S. North Pacific Groundfish Observer Program. These
observations indicate that North American chinook salmon, including the Snake River ESUs, range across
almost the entire Bering Sea, north to 60°03'N and west to 172°12'E. In the North Pacific, the known
ocean range of North American chinook salmon extends north from about 40°N (in the coastal waters just
off California) and west to the waters just south of Adak Island in the central Aleutians (176°34'W,
51°29'N) (HSSRP 2004).
3.1.2 Critical Habitat
The critical habitat for the Snake River fall chinook salmon was listed on December 28, 1993 (NMFS
1993a) and modified on March 9, 1998 (NMFS 1998), to include the Deschutes River in Oregon. The
designated critical habitat does not include any waters within the state of Alaska. It does include all river
reaches accessible to chinook salmon in the Columbia River from The Dalles Dam upstream to the
confluence with the Snake River in Washington (inclusive). Critical habitat in the Snake River includes
its tributaries in Idaho, Oregon, and Washington (exclusive of the upper Grande Ronde River and the
Wallowa River in Oregon, the Clearwater River above its confluence with Lolo Creek in Idaho, and the
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Salmon River upstream of its confluence with French Creek in Idaho). Also included are river reaches
and estuarine areas in the Columbia River from a straight line connecting the west end of the Clatsop jetty
(south jetty, Oregon side) and the west end of the Peacock jetty (north jetty, Washington side) upstream to
The Dalles Dam. Areas above specific dams or above longstanding, naturally impassable barriers (e.g.,
natural waterfalls in existence for at least several hundred years) are excluded (NMFS 1998).
3.1.3 Life History
Fall-run chinook salmon in this ESU are ocean-type. Adults return to the Snake River at ages 2 through
5, with age 4 most common at spawning (Chapman et al. 1991). Spawning, which takes place in late fall,
occurs in the mainstem and in the lower parts of major tributaries (NWPPC 1989; Waples et al. 1991).
Juvenile fall-run chinook salmon move seaward slowly as subyearlings, typically within several weeks of
emergence (Chapman et al. 1991).
3.1.4 Population Trends and Risks
Almost all historical Snake River fall-run chinook salmon spawning habitat in the Snake River Basin has
been blocked by the Hells Canyon Dam complex; other habitat blockages have also occurred in Columbia
River tributaries. The ESU's range has also been affected by agricultural water withdrawals, grazing, and
vegetation management within the Columbia and Snake river basins. The continued straying by
nonnative hatchery fish into natural production areas is an additional source of risk.
The historical population of Snake River fall-run chinook salmon is difficult to estimate. Irving and
Bjornn (1981) estimated a population of 72,000 for the period of 1938 to 1949 that declined to 29,000
during the 1950s. Numbers declined further following completion of the Hells Canyon Dam complex.
The Snake River component of the fall-run chinook has been increasing during the past few years as a
result of hatchery and supplementation efforts in the Snake and Clearwater River Basins. In 2002, more
than 15,200 fall-run chinook were counted past the two lower dams on the Snake River, with about
12,400 counted above Lower Granite Dam. These adult returns are about triple the 10-year average at
these Snake River projects (FPC 2003). For the Snake River fall-run chinook salmon ESU, National
Oceanic and Atmospheric Administration (NOAA) Fisheries estimates that the median population growth
rate (lambda) over a base period from 1980 through 1998 ranges from 0.94 to 0.86. The decrease in
growth rate reflects the increased effectiveness of hatchery fish spawning in the wild increases compared
with that of fish of wild origin (McClure et al. 2000).
3.2 SNAKE RIVER SPRING/SUMMER CHINOOK SALMON (ONCORHYNCHUS
TSHAWYTSCHA)
3.2.1 Geographic Boundaries and Spatial Distribution
Snake River spring/summer-run chinook salmon are found in several subbasins of the Snake River
(CBFWA 1990). Of these, the Grande Ronde and Salmon Rivers are large, complex systems are
composed of several smaller tributaries that are further composed of many small streams. In contrast, the
Tucannon and Imnaha Rivers are small systems with most salmon production in the main river. In
addition to these major subbasins, three small streams, Asotin, Granite, and Sheep Creeks, which enter the
Snake River between Lower Granite and Hells Canyon Dams, provide small spawning and rearing areas.
Some indications that multiple ESUs may exist within the Snake River Basin spring and summer runs
have been demonstrated; however, the available data do not clearly demonstrate their existence or define
their boundaries (CBFWA 1990). The Snake River spring and summer chinook salmon runs are,
therefore, considered a single ESU.
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The Snake River spring/summer chinook salmon are of the stream-type, meaning they have a longer fresh
water residency and demonstrate extensive offshore migrations into the North Pacific before returning to
their natal streams in the spring or summer months (NMFS 1998; Healy 1991). Stock-specific
information on spatial and temporal distribution of Snake River chinook salmon within the marine
environment are limited and primarily from the recovery of coded-wire tagged chinook salmon under the
U.S. North Pacific Groundfish Observer Program. These observations indicate that North American
chinook salmon, including the Snake River spring/summer ESU, range widely across the North Pacific,
extending from about 40°N (in the coastal waters just off California), north to the Gulf of Alaska and west
to the waters just south of Adak Island in the central Aleutians (176°34'W, 51°29'N) (HSSRP 2004).
3.2.2 Critical Habitat
The critical habitat for the Snake River spring/summer chinook salmon was listed in 1993 (NMFS
1993a). The designated habitat consists of river reaches of the Columbia, Snake, and Salmon Rivers, and
all tributaries of the Snake and Salmon Rivers (except the Clearwater River) presently or historically
accessible to Snake River spring/summer chinook salmon (except reaches above impassable natural falls
and Hells Canyon Dam).
3.2.3 Life History
The Snake River spring/summer-run chinook salmon ESU are stream-type fish, with juveniles that
migrate to sea as yearling smolts. Depending on location within the basin (and not on run type), adults
tend to return after either 2 or 3 years in the ocean. Most Snake River spring/summer chinook salmon
enter individual subbasins from May through September. Juvenile Snake River spring/summer chinook
salmon emerge from spawning gravels from February through June (Bjornn and Peery 1992). After
rearing in their nursery streams for about 1 year, smolts begin migrating seaward from April through May
(Waples et al. 1991; Cannamela 1992). After reaching the mouth of the Columbia River, spring/summer
chinook salmon probably inhabit near-shore areas before beginning their Pacific Ocean migration.
3.2.4 Population Trends and Risks
Recent trends in redd counts in major tributaries of the Snake River indicate that many subpopulations
could be at critically low levels. Subpopulations in the Grande Ronde River, Middle Fork Salmon River,
and Upper Salmon River Basins are at particularly high risk. Both demographic and genetic risks would
be of concern for such subpopulations, and in some cases, habitat may be so sparsely populated that
adults have difficulty finding mates. NOAA Fisheries estimates that the median population growth rate
(lambda) over a base period from 1980 through 1998 ranges from 0.96 to 0.80, decreasing as the
effectiveness of hatchery fish spawning in the wild increases compared with the effectiveness of fish of
wild origin (Tables B-2a and B-2b in McClure et al. 2000). In 2002, the fish count at Lower Granite Dam
was 75,025, more than double the 10-year average. Estimated hatchery chinook at Lower Granite Dam
accounted for a minimum of 69.7 percent of the run. The spring chinook count in the Snake River was at
the all-time low of about 1,500 as recently as 1995, but in 2001 and 2002, both hatchery and wild/natural
returns to the Snake River increased (FPC 2003).
3.3 SOCKEYE SALMON (ONCORHYNCHUS NERKA)
3.3.1 Geographic Boundaries and Spatial Distribution
The only remaining anadromous sockeye in the Snake River system are found in Redfish Lake, on the
Salmon River. The nonanadromous form (kokanee), found in Redfish Lake and elsewhere in the Snake
River Basin, is included in the ESU. Snake River sockeye were historically abundant in several lake
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systems of Idaho and Oregon. However, all populations have been extirpated in the past century, except
fish returning to Redfish Lake.
The most abundant North American sockeye salmon stocks occur in the Bristol Bay region of western
Alaska. Recoveries of high-seas tagged sockeye salmon in North America show them to be broadly
distributed across the North Pacific Ocean and Bering Sea. There are many fewer recoveries for
immature than for maturing North American sockeye salmon, and the known range of maturing fish
extends further to the southwest than that of immature fish. The known range of Bristol Bay sockeye
salmon is much broader (particularly in the Bering Sea) than that of more southerly stocks (HSSRP
2004). Limited information is available describing the distribution of Snake River sockeye salmon in the
marine waters. It appears that there is considerable overlap in the migratory distribution of sockeye
salmon originating in rivers of the northeastern Pacific Ocean from the Columbia River to the Alaska
Peninsula (Burgner 1991; McNeil and Himshworth 1990). While their ranges overlap, British Columbia-
Washington stocks tend to be distributed farther to the south than Alaskan sockeye stocks with the
northernmost extension to the general area south and east of Kodiak Island (Burgner 1991).
3.3.2 Critical Habitat
The critical habitat for the Snake River sockeye salmon was designated on December 28, 1993 (NMFS
1993a). The designated habitat consists of river reaches of the Columbia, Snake, and Salmon Rivers,
Alturas Lake Creek, Valley Creek, and Stanley, Redfish, Yellow Belly, Pettit, and Alturas Lakes
(including their inlet and outlet creeks).
3.3.3 Life History
Snake River sockeye salmon enter the Columbia River primarily during June and July. Arrival at Redfish
Lake peaks in August and spawning occurs primarily in October (Bjornn et al. 1968). Eggs hatch in the
spring between 80 and 140 days after spawning. Fry remain in the gravel for 3 to 5 weeks, emerge in
April through May, and move immediately into the lake where juveniles feed on plankton for 1 to 3 years
before migrating to the ocean. Migrants leave Redfish Lake from late April through May (Bjornn et al.
1968), migrating almost 900 miles to the Pacific Ocean. Out-migrating juveniles pass Lower Granite
Dam (the first dam on the Snake River downstream from the Salmon River) from late April to July, with
peak passage from May to late June. Once in the ocean, the smolts remain nearshore or within the
Columbia River influence during the early summer months. Later, they migrate through the northeast
Pacific Ocean (Gustafson et al. 1997; Hart 1973). Snake River sockeye salmon usually spend 2 to 3 years
in the Pacific Ocean and return to the Snake River in their fourth or fifth year of life.
3.3.4 Population Trends and Risks
Snake River sockeye salmon returns to Redfish Lake since at least 1985, when the Idaho Department of
Fish and Game began operating a temporary weir below the lake, have been extremely small (1 to 29
adults counted per year). Snake River sockeye salmon have a very limited distribution relative to critical
spawning and rearing habitat. Redfish Lake represents only one of the five Stanley Basin lakes
historically occupied by Snake River sockeye salmon. NMFS proposed an interim recovery level of
2,000 adult Snake River sockeye salmon in Redfish Lake and two other lakes in the Snake River Basin
(NMFS 1995A). Because only 16 wild and 264 hatchery-produced adult sockeye returned to the Stanley
River Basin between 1990 and 2000, NMFS considers the risk of extinction of this ESU to be very high.
In 2002, 52 adult sockeye were counted at Lower Granite Dam (FPC 2003). As of September 23, 2003,
12 sockeye salmon have been counted at Lower Granite Dam on the Snake River (USACE 2003).
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Historically, the largest numbers of Snake River sockeye salmon returned to headwaters of the Payette
River, where 75,000 were taken one year by a single fishing operation in Big Payette Lake. During the
early 1880s, returns of Snake River sockeye salmon to the headwaters of the Grande Ronde river in
Oregon (Walleye Lake) were estimated between 24,000 and 30,000 at a minimum (Cramer 1990).
During the 1950s and 1960s, adult returns to Redfish Lake numbered more than 4,000 fish.
3.4 SHORT-TAILED ALBATROSS (PHOEBASTRAIALBATRUS)
The short-tailed albatross was listed as endangered under the ESA in U.S. waters on July 31, 2000.
3.4.1 Geographic Range and Distribution
The short-tailed albatross once ranged throughout most of the North Pacific Ocean and Bering Sea with
known nesting colonies on several islands within the territorial waters of Japan and Taiwan. Other
undocumented nesting colonies may also have existed in areas under U.S. jurisdiction on Midway Atoll
and in the Aleutian Islands; however, the evidence for breeding on the Alaskan Aleutian Islands is based
on scant evidence and is considered highly unlikely (USFWS 2000a).
Breeding colonies of the short-tailed albatross are currently known on two islands in the western North
Pacific and East China Sea. The marine range within U.S. territorial waters includes Alaska's coastal
shelf break areas and the marine waters of Hawaii for foraging. The extent to which the birds use open
ocean areas of the Gulf of Alaska, North Pacific Ocean, and Bering Sea is unknown (USFWS 2000a).
Observations by the USFWS (Terry Antrobus, Anchorage, personal communication cited in USFWS
2000a) suggest that short-tailed albatross frequent nearshore and coastal waters, with "many" birds being
sighted within 10 km (6 mi) of shore, and fewer birds ("several") observed within 5 km (3 mi) of shore.
However, sighting data do not indicate that either the Cook Inlet or Shelikof Strait are part of the typical
range of this species (MMS 2003).
3.4.2 Critical Habitat
No critical habitat has been designated for short-tailed albatross. The USFWS has determined that the
designation of critical habitat for this species is not prudent because it would "not be beneficial to the
species" (65 FR 46643, July 31, 2000). USFWS concluded that designation of critical habitat for
potential and actual breeding areas within United States' areas of jurisdiction on the Midway Atoll
National Wildlife Refuge would be not provide additional benefit or protection over that conferred
through the jeopardy standard of Section 7 of the ESA. With regard to the designation of critical habitat
for foraging in the waters of United States, USFWS concluded there is no information available to
support a conclusion that any specific marine habitat areas are uniquely important (USFWS 2000a).
3.4.3 Life History
Currently, breeding colonies are limited to the two Japanese Islands of Torishima and Minami-kojima
(USFWS 2000a). Birds arrive at the Torishima breeding colony in October and initiate breeding and egg-
laying, which continue through late November. The chicks hatch in late December and January and are
close to being full grown by late May or early June at which time the adults begin to abandon the
breeding colony and return to sea. The chicks fledge after the departure of the breeding adults and depart
the colony by mid-July. Non-breeders and failed breeders disperse from the breeding colony in late
winter through spring (USFWS 2000a). The specific geographical and seasonal distribution patterns of
the birds once they depart from the breeding colony are not well understood. The birds are reported to be
long-lived and slow to mature, with an average age at first breeding of 6 years old (USFWS 2000a).
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3.4.4 Population Trends and Risks
The total population of short-tailed albatross was estimated to be 1,200 birds in 2000 (USFWS 2000a).
Demographic information provided by USFWS (2000a) indicates that the breeding population on the
island of Torishima is growing at a "fairly rapid rate," with an annual population growth rate of 7.8
percent. No information is available for the other breeding colony on the island of Minami-kojima.
The short-tailed albatross population is considered to be at risk due to the following factors (USFWS
2000a):
• The primary breeding colony on Torishima Island is at risk due to the potential for habitat
destruction from volcanic eruptions on the island and the destruction of nesting habitat and
birds by frequent mud slides and erosion caused by monsoon rains.
• Direct harvest of birds at the breeding colonies in Japan at the beginning of the 20th century
dramatically reduced the numbers of birds. Harvesting continued until the early 1930s. By
1949, there were no short-tailed albatross breeding at any of the historically known breeding
sites, and the species was thought to be extinct.
• The world population is vulnerable to the effects of disease because of the small population
size and extremely limited number of breeding sites.
• Oil spills are considered to pose a potential threat to the species' conservation and recovery
due to damage related to oil contamination, which could cause physiological problems from
petroleum toxicity and by interfering with the bird's ability to thermoregulate. An oil spill in
an area where a large number of birds were rafting, such as near breeding colonies, could
significantly affect the population
• Consumption of plastics at sea may be a factor affecting the species' conservation and
recovery. Plastics can cause injury or mortality due to internal damage following ingestion,
reduction in ingestion volumes, or dehydration.
• Mortality incidental to longline fishing in the North Pacific and Bering Sea. ESA
consultations have determined that Alaskan groundfish and halibut fisheries are likely to
adversely affect short-tailed albatrosses, but are not likely to result in an appreciable
reduction in the likelihood of survival and recovery of the species.
3.5 STELLER'S EIDER (POL YSTICTA STELLERI)
The Alaskan breeding populations of Steller's eider were listed as threatened under the ESA on June 11,
1997. Two breeding populations in Arctic Russia are not part of the ESA listing in the U.S and are not
addressed in this section.
3.5.1 Geographic Range and Distribution
The historical breeding range of the Alaska-breeding population of Steller's eider is unclear; it may have
extended discontinuously from the eastern Aleutian Islands to the western and northern Alaska coasts,
possibly as far east as the Canadian border (USFWS 2001). In western Alaska, historical (pre-1970) data
suggests that the birds formerly nested on the Yukon-Kuskokwim River Delta (Y-K Delta) and at least
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occasionally at other western Alaska sites, including the Seward Peninsula, St. Lawrence Island, and
possibly the eastern Aleutian Islands and Alaska Peninsula (USFWS 2002).
In recent times, breeding has occurred in two general areas outside of the general NPDES permit area.
These areas are the Arctic Coastal Plain on the Alaskan North Slope and on the Y-K Delta in western
Alaska (USFWS 2001). The Arctic Coastal Plain area, particularly the area surrounding Barrow, is
extremely important to nesting Steller's eiders (USFWS 2002). Aerial surveys conducted from 1999-
2002 in a 2,757 km2 area from Barrow south to Meade River recorded between two to over 100 breeding
pairs for a maximum density of 0.08 birds per square kilometer. The Y-K Delta is currently of much
lesser importance; only seven nests were found on the Y-K Delta from 1994 to 2002 (USFWS 2002).
After breeding, Steller's eiders move to marine waters where they molt and individuals remain flightless
for about 3 weeks. The birds, which presumably consist of members of both Alaskan and Russian
populations, primarily molt outside of the general NPDES permit area along the north side of the Alaska
Peninsula, in Izembek Lagoon, Nelson Lagoon, Port Heiden, and Seal Islands (USFWS 2002). After
molting, many Steller's eiders disperse to the Aleutian Islands, the south side of the Alaska Peninsula,
Kodiak Island, and as far east as Cook Inlet. Wintering birds usually occur in waters less than 10 m (30
ft) deep and are, therefore, usually found within 400 m (400 yd) of shore except where shallows extend
further offshore in bays and lagoons (USFWS 2002).
The winter range from the Kodiak Island east to lower Cook Inlet overlaps the geographical area of the
general NPDES permit. Birds from Alaskan and Russian breeding populations intermix on the wintering
grounds. It is not known what percent of the wintering birds that overwinter in areas within or near the
NPDES permit area are members of the ESA-listed population (Alaskan breeding population) versus the
non-ESA-listed Russian breeding population. According to the USFWS, about 4.2 percent of the Steller's
eider in or near the Cook Inlet area are assumed to be from the Alaskan breeding population (MMS
2003).
3.5.2 Critical Habitat
The designated critical habitat for the Steller's eider includes five units located along the Bering Sea and
north side of the Alaskan Peninsula. These areas are the Delta, Kuskokwim Shoals, Seal Islands, Nelson
Lagoon, and Izembek Lagoon (USFWS 2001). Within these areas, the primary habitat components that
are essential include areas to fulfill the biological needs of feeding, roosting, molting, and wintering.
Important habitats include the vegetated intertidal zone and marine waters up to 9 m (30 ft) and the
underlying substrate and benthic community, associated invertebrate fauna, and where present, eelgrass
beds and associated biota (USFWS 2001).
No critical habitat is designated within the geographical area of the general NPDES permit for oil and gas
exploration, development, and production facilities in Cook Inlet, Alaska.
3.5.3 Life History
Steller's eider nest on tundra adjacent to small ponds or drained basins in locations generally near the
coast, but ranging at least as far as 90 km (56 mi) inland (USFWS 2002). Young hatch in late June and
feed in wetland habitat on aquatic insects and plants until they are capable of flight in about 40 days.
After breeding, Steller's eiders move to marine waters where they molt from late July to late October.
After molting most birds disperse to winter in shallow, sheltered waters along the south side of the Alaska
Peninsula, Kodiak island, and as far east as Cook Inlet (USFWS 2002). While in marine waters, Steller's
eider forage on marine invertebrates such as mollusks and crustaceans.
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3.5.4 Population Trends and Risks
Determining the population trends for Steller's eider is difficult (USFWS 2000b). Counts conducted in
1992 indicated that at least 138,000 birds wintered in southwest Alaska; although the proportion
belonging to the Alaska-breeding population versus those from Russian-breeding populations is uncertain
(USFWS 2002). It does appear that the breeding range in Alaska has substantially contracted, with the
species disappearing from much of its historical range in western Alaska (USFWS 2000b). The size of
the breeding population on the Alaskan North Slope varies considerably among years, and it is not known
whether the population is currently declining, stable, or improving (USFWS 2000b).
The Alaska-breeding population of the Steller's eider is considered to be at risk due to the following
factors; destruction or modification of habitat is not thought to have played a major role in the decline of
the Steller's eider (USFWS 2002):
• Exposure to lead thought to result primarily from the ingestion of spent lead shot when
foraging may pose a significant health risk to Steller's eiders.
• Although there is no information to suggest that disease contributed to the decline of Steller's
eiders, recent sampling suggests that Steller's eiders and other sea ducks in Alaska may have
significant exposure rates to a virus in the family Adenoviridae (USFWS 2002).
• Changes in predation pressure in breeding areas are hypothesized as the reason for the near
disappearance of birds on the Y-K Delta. Recent studies within the primary breeding area on
the North Slope near Barrow suggest that nest success is very poor and predation is thought
to be the primary factor.
• Although hunting of Steller's eider is prohibited under the Migratory Bird Treaty Act, some
intentional or unintentional shooting occurs.
• The Steller's eider Recover Plan (USFWS 2002) suggests that other unidentified factors may
also have played a role in the decline of this species. The authors of this plan note that more
information is needed to assess the natural or anthropogenic factors that may be affecting this
species.
3.6 BLUE WHALE (BALEAPTERA MUSCUL US)
The blue whale was listed as endangered under the ESA on June 2, 1970.
3.6.1 Geographic Boundaries and Spatial Distribution
Blue whales are found in all of the world's oceans from the Arctic to the Antarctic. In the North Pacific,
they rarely enter the Bering Sea and are only seldom seen as far north as the Chukchi Sea (ADFG 1994a).
In the eastern North Pacific, they winter off southern and Baja California; during the spring and summer
they are found from central California northward through the Gulf of Alaska. Historical areas of
concentration in Alaska include the eastern Gulf of Alaska and the eastern and far western Aleutians
(ADFG 1994a).
Blue whales are believed to migrate away from coastlines and feed preferentially in deeper offshore
waters (Gregr and Trites 2001; Mizroch et al. 1984). They are seldom seen in nearshore Alaska waters
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(ADFG 1994a). These preferences make it highly unlikely that blue whales would frequent Cook Inlet
waters within the area of coverage of the general NPDES permit.
3.6.2 Critical Habitat
No critical habitat has been designated for the blue whale.
3.6.3 Life History
Blue whales are estimated to reach sexual maturity between 5 and 10 years of age, and may live as long
as 70 to 80 years (Environment Canada 2004b). Upon reaching sexual maturity, females bear a single
calf every two to three years (ADFG 1994a). Like many other species of baleen whales, blue whales
migrate from low-latitude wintering areas to high-latitude summer feeding grounds.
Blue whales appear to practice more selective behavior in feeding than other rorquals (those baleen
whales that posses external throat grooves that expand during gulp-feeding) and specialize in plankton
feeding, particularly swarming euphausids (krill) in the Antarctic. In the North Pacific, the species
Euphausia pacifica and Thysanoessa spinifera are the main foods of blue whales (ADFG 1994a).
3.6.4 Population Trends and Risks
The pre-whaling abundance of blue whales in the North Pacific has been estimated at 4,900 to 6,000
animals and is now estimated at 1,200 to 1,700 animals (ADFG 1994a). There have been very few
sighting of blue whales in Alaskan waters. The first confirmed blue whale sighting in 30 years was
observed by NOAA scientists on July 15, 2004, 100 nautical miles southeast of Prince William Sound
(Joling 2004).
The North Pacific blue whale is considered to be at risk due to the following factors:
• Commercial whaling harvested 9,500 blue whales from the North Pacific between 1910 and
1965 (Ohsumi and Wada 1974). Commercial whaling has been prohibited in the United
States since 1972 and there has been an International Whaling Commission prohibition on
taking blue whales since 1966 (NMFS 2000b).
• Ship strikes have been implicated in the deaths of blue whales in the eastern North Pacific in
1980, 1986, 1987, and 1993. Additional mortality from ship strikes that are unreported is
likely (NMFS 2000b).
• The offshore drift gillnet fishery is the only fishery likely to take blue whales in the eastern
North Pacific. Approximately 2,000 whales were taken off the west coast of North America
between 1910 and 1965 (NMFS 2000b).
3.7 FIN WHALE (BALAENOPTERA PHYSAL US)
The fin whale was listed as endangered under the ESA on June 2, 1970.
3.7.1 Geographic Boundaries and Distribution
In the North Pacific Ocean, fin whales can be found from above the Arctic Circle to lower latitudes of
approximately 20°N (Leatherwood et al. 1982). Fin whales along the Pacific coast of North America
have been reported during the summer months from the Bering Sea to as far south as central Baja
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California; three stocks are recognized: Alaska (Northeast Pacific), California/Washington/Oregon, and
Hawaii (Angliss and Lodge 2003; NMFS 2003b).
Fin whales are believed to feed preferentially mainly in offshore waters, with preferred habitat
encompassing a large area that includes the continental shelf break and offshore waters (Gregr and Trites
2001). They are rarely seen in inshore coastal waters. Fin whales regularly inhabit areas near NPDES
permit coverage including Shelikof Strait, bays along Kodiak Island (especially Uganik and Uyak bays on
the west side), and the Gulf of Alaska. Some or all of these areas are feeding areas for fin whale.
Sighting data suggest that the distribution and abundance of fin whales in these areas vary seasonally, but
there is documented use in the vicinity of Kodiak Island every month of the year except December and
January (MMS 2003).
3.7.2 Critical Habitat
No critical habitat has been designated for the fin whale.
3.7.3 Life History
Fin whales tend to be more social than other rorquals, gathering in pods of 2-7 whales or more. Sexual
maturity occurs at ages of 6-10 years in males and 7-12 years in females, and they may live as long as 90
years of age (OBIS 2005). Reproductive activity occurs in winter when whales have migrated to warmer
waters. Females can mate every 2 to 3 years.
Fin whales eat a variety of fish and zooplankton species including capelin, sandlance, herring, and
euphausids (krill) (OBIS 2005).
3.7.4 Population Trends and Risks
The pre-whaling abundance of fin whales in the North Pacific has been estimated at 42,000 to 45,000
animals; estimates in the early 1970's range from 14,620 to 18,630 whales (Ohsumi and Wada 1974).
There have been very few sightings of fin whales in Alaskan waters. A survey conducted in August 1994
covering 2,050 nautical miles of track line south of the Aleutian Islands encountered only four fin whale
groups (NMFS 2003b).
The Northeast Pacific fin whale is considered to be at risk due to the following factors:
• Commercial whaling harvested 46,032 fin whales throughout the North Pacific between 1946
and 1975 (NMFS 2003b). In the North Pacific and Bering Sea, catches of fin whales ranged
from 1,000 to 1,500 animals per year from the mid-1950s to mid 1960s. Commercial
whaling has been prohibited in the United States since 1972 and there has been an
International Whaling Commission prohibition on taking fin whales since 1976 (NMFS
2003b).
• A ship strike has been implicated in the death of a single fin whale in Uyak Bay, Alaska in
2000 (NMFS 2003b). Additional mortality from ship strikes that are unreported may occur.
• Prior to 1999, there were no observed or reported mortalities of fin whales incidental to
commercial fishing operations within the range of the Northeast Pacific stock. However, in
1999, one fin whale was killed incidental to the Bering Sea/Aleutian Island groundfish trawl
fishery (NMFS 2003b).
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3.8 HUMPBACK WHALE (MEGAPTERA NOVAEANGLIAE)
The humpback whale was listed as endangered under the ESA on June 2, 1970.
3.8.1 Geographic Boundaries and Distribution
The humpback whale is distributed worldwide in all ocean basins, although it is less common in Arctic
waters. Currently there are four recognized stocks of humpback whales in U.S. waters based on
geographically distinct winter ranges (NMFS 2005b): Gulf of Maine stock, eastern North Pacific stock,
central North Pacific stock, and the western North Pacific stock. The central North Pacific stock includes
animals found in Alaskan waters. In Alaskan waters, most humpbacks tend to concentrate in southeast
Alaska, Prince William Sound, the area near Kodiak and Barren Islands, the area between the Semidi and
Shumagin Islands, eastern Aleutian Islands, and the southern Bering Sea (ADFG 1994b). In inside waters
off southeastern Alaska (i.e., Glacier Bay and Frederick Sound) photo-identification studies summarized
by Perry et al. (1999) appear to show that humpback whales use discrete, geographically isolated feeding
areas that individual whales return to year after year. These studies find little documented exchange in
individual animals between Prince William Sound areas and the Kodiak Island area and between the
Kodiak Island area and southeast Alaska feeding areas, suggesting that while movement among these
areas may occur, it is reasonably uncommon.
Although humpback whales can be observed year-round in Alaska, most animals migrate during the fall
to temperate or tropical wintering areas where they breed and calve. Most whales that spend the summer
in Alaskan waters are thought to migrate to winter in waters near Hawaii (ADFG 1994b; Perry et al.
1999). In the summer, humpback whales regularly are present and feeding in areas near and within the
Cook Inlet lease-sale area, including Shelikof Strait, bays of Kodiak Island, and the Barren Islands, in
addition to the Gulf of Alaska adjacent to the southeast side of Kodiak Island (especially Albatross
Banks), the south sides of the Kenai and Alaska peninsulas, and south of the Aleutian Islands. There is
some evidence of a discrete feeding aggregation of humpbacks in the Kodiak Island region. Humpbacks
also may be present in some of these areas throughout the autumn. Within the proposed lease-sale area,
large numbers of humpbacks have been observed in late spring and early summer feeding near the Barren
Islands. Humpbacks have also been observed feeding near the Kenai Peninsula north and east of
Elizabeth Island (MMS 2003).
Humpback whales feed preferentially over continental shelf waters (Gregr and Trites 2001) and are often
observed relatively close to shore, including major coastal embayments and channels (NMFS 2005b).
3.8.2 Critical Habitat
No critical habitat has been designated for the humpback whale anywhere throughout their range.
3.8.3 Life History
Humpback whales are seasonal migrants. The whales mate and give birth while in wintering areas
outside of Alaskan waters. Sexual maturity occurs at age 4-6 years, with mature females giving birth
every 2-3 years (ADFG 1994b). During spring, the whales migrate back to feeding areas in Alaskan
waters, where they spend the summer (ADFG 1994b; Perry et al. 1999).
Humpback whales use a variety of feeding behaviors to catch food including underwater exhalation of
columns of bubbles that concentrate prey, feeding in formation, herding of prey, and lunge feeding
(ADFG 1994b). Based on their diet, humpbacks have been classified as generalists (Perry et al. 1999).
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They have been known to prey upon euphausids (krill), copepods, juvenile salmonids (Oncorhynchus
spp ), Arctic cod (Boreogadus saida), capelin (Mallotus villosus), Pacific herring (Clupea harengus
pallasi), sand lance (Ammodytes hexapterus), walleye pollock (Theragra chalcogramma), pollock
(Pollachius virens), pteropods, and some cephalopods. On Alaska feeding grounds, humpback whales
feed primarily on capelin, juvenile walleye pollock, sand lance, Pacific herring, and krill (NMFS 2003c;
Perry et al. 1999).
3.8.4 Population Trends and Risks
The pre-whaling abundance of humpback whales in the North Pacific has been estimated to be
approximately 15,000 animals (ADFG 1994b). The current total estimated abundance of the Central
North Pacific stock of humpback whales is 4,005 individuals (NMFS 2005b). NMFS (2005b) reports
abundance within known feeding areas in Alaska as: southeast Alaska (961 whales), Kodiak Island area
(651 whales), and Prince William Sound (149 whales). At least some portions of this stock have
increased in abundance between the early 1800s and 2000. The rate of population increase in southeast
Alaska may have recently declined, which may indicate the stock is approaching its carrying capacity
(NMFS 2005b).
The Central North Pacific humpback whale is considered to be at risk due to the following factors:
• Commercial whaling harvested more than 28,000 animals from the North Pacific during the
20th century and may have reduced this population to as few as 1,000 individuals after the
1965 hunting season (NMFS 2005b).
• Direct ship strikes are a significant source of mortality in the eastern North Pacific stock of
humpback whales in California, Oregon, and Washington waters, where there is an average
of 0.6 whales killed per year (Perry et al. 1999). Little information is available on mortality
rates from ship strikes for humpback whale in Alaskan waters. One pregnant humpback
whale was reported killed by a cruise ship in Glacier Bay in July 2001 (Richardson 2003).
• Prior to 1990, there were thought to be little mortality in U.S. waters due to commercial
fishing operations. Perry et al. (1999) reported that NMFS observers had reported no
mortalities from the Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish trawl,
longline, and pot fisheries. Data accumulated through 1995 from Hawaii and southeastern
Alaska areas were used to calculate an estimated minimum mortality incidental to
commercial fishing operations of 0.8 whales per year (Perry et al. 1999).
• Humpbacks exhibit variable responses to noise, and the level and type of response exhibited
by whales has been correlated to group size, composition, and apparent behaviors at the time
of possible disturbance. Humpback whales have suffered severe mechanical damage to their
ears from noise pulses from underwater blasting; whales exposed to playbacks of noise from
drillships, semisubmersibles, drilling platforms, and production platforms do not exhibit
avoidance behaviors at noise levels up to 116 db (Malme et al. 1985).
3.9 NORTH PACIFIC RIGHT WHALE (EUBALAENA JAPONICA)
The Northern Right whale (Balaena glacialis) was listed as endangered under the ESA on June2, 1970.
On April 10, 2003, the NMFS published a final rule (NMFS 2003a) that split the endangered northern
right whale into two endangered species: North Atlantic right whale (Eubalaena glacialis) and North
Pacific right whale (Eubalaena japonica). This section discusses the North Pacific right whale.
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3.9.1 Geographic Boundaries and Distribution
The North Pacific stock of northern right whale has historically occurred across the North Pacific, north
of 35°N latitude, with concentrations of whales occurring in the Gulf of Alaska, eastern Aleutian Islands,
south-central Bering Sea, Sea of Okhotsk, and the Sea of Japan (NMFS 2001).
Two populations of North Pacific right whale are thought to exist, one in the western North Pacific off
Russia and the other in the eastern North Pacific off Alaska (MMC 2002). The distribution and status of
neither population is well understood. The eastern population is more severely depleted than western
population, with the population thought to number in the tens of individuals versus hundreds for the
western population (MMC 2002; NMFS 2005a). Between 1900 and 1994, there have been only 29
reliable sightings of right whales in the eastern North Pacific. Since that time between 4 and 13
individuals have been sighted each year; all these sightings have occurred in a 60 by 100 nautical mile
area about 200 nautical miles north of Unimak Pass in the southeastern Bering Sea (CBD 2000; MMC
2002; NMFS 2002a).
Because the North Pacific eastern population is so small and infrequently sighted, little is known about
their range and movements. The whales are thought to move northward to high latitudes in the spring,
summer in the Bering Sea and Gulf of Alaska, and move southward in the fall and winter possibly as far
south as Baja, California (CBD 2000; NMFS 2002a).
Historically, right whales often were observed in coastal waters where their slow speed and tendency to
float after death resulted in their near-decimation by whalers in the 1800s. Recent whale sightings have
all occurred within the shallower waters of the continental shelf (CBD 2000). No information currently
exists regarding the presence of this species in Cook Inlet, Alaska.
3.9.2 Critical Habitat
On June 3, 1994, the NMFS designated critical habitat for the species of northern right whale (NMFS
1994a), which as of April 10, 2003, became referred to as the North Atlantic right whale (NMFS 2003a).
The three areas designated as critical habitat are in the North Atlantic Ocean off the eastern United States.
NMFS determined at that time that insufficient information was available to consider critical habitat
designation for other stocks of northern right whale, including whales residing in the North Pacific.
On October 4, 2000, the Center for Biological Diversity petitioned the NMFS to designate a portion of the
southeastern Bering Sea as critical habitat for the North Pacific right whale on the basis of annual
sightings of whales in the area that suggests the area is a summer feeding ground for this severely
depleted population (CBD 2000). On July 11, 2001, the Marine Mammal Commission responded to this
request by recommending that NMFS proceed with designating the area as critical habitat and modify the
boundaries as future data on population distribution becomes available (MMC 2002). However, on
February 20, 2002, NMFS published notice that the Service had determined that the petitioned action to
designate critical habitat was not warranted at this time (NMFS 2002b) noting that because the essential
biological requirements of the population in the North Pacific Ocean are not sufficiently understood, the
extent of critical habitat cannot be determined. Currently, no critical habitat has been designated for the
North Pacific right whale.
3.9.3 Life History
As noted in Section 3.9.1, little is known about the movements of the eastern population of North Pacific
right whale; although some authors believe they may move seasonally from areas in the Bering Sea and
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Gulf of Alaska southward possibly as far as the waters off Baja, California (CBD 2000; NMFS 2002a).
No sightings of a cow with a calf have been confirmed since 1900 (NMFS 2002b).
Among baleen whales, right whales appear to have the most specialized feeding strategy. Studies
conducted in the North Atlantic suggest that right whales require high densities of copepods concentrated
in surface waters for effective feeding; the feeding requirements of an adult whale are estimated to be at
least 4.07 x 105 Kcal/day (CBD 2000). The feeding preferences of North Pacific right whales have not
been determined; however, the NMFS has noted that these whales probably feed almost exclusively on
calanoid copepods, a component of the zooplankton (NMFS 2002b).
3.9.4 Population Trends and Risks
The pre-exploitation size of the population on North Pacific right whales has been estimated as likely
exceeding 10,000 animals (67 FR 7660, February 20. 2002) to 19,000 animals (CBD 2000). The current
population is thought to be very small, perhaps in the tens of animals (NMFS 2002b).
The North Pacific right whale is considered to be at risk due to the following factors:
• Whaling records indicate that during the 19th century, pelagic whalers harvested over 15,000
North Pacific right whales. As early as the 1870s, the whale was noted as being rare (CBD
2000).
• Right whales are slow-swimming and spend much of their time near the surface of the water,
which makes them susceptible to ship strikes. Although vessel-related mortality rates for the
North Pacific are not known, the NMFS is considering regulations to implement a strategy to
reduce mortalities to North Atlantic right whales as a result of vessel collisions (NMFS
2004).
• The magnitude and nature of entanglements in fishing gear are not known. However, an
estimated 57 percent of right whales in the North Atlantic bear scars and injuries indicative of
fishing gear entanglement (CBD 2000). The extent of fisheries in the southeastern Bering
Sea suggests that fishing gear entanglements may pose a risk to North Pacific right whale.
• Disturbance due to anthropogenic noise may affect right whales by changing normal behavior
to temporarily or permanently avoid noise sources. Noise may also raise background noise
levels and interfere with the detection of sounds from other whales or natural sources.
Information on the hearing capacity of right whales is not available; however, some authors
have suggested that their hearing abilities are especially acute below 1 kHz (CBD 2000).
3.10 SEI WHALE (BALAENOPTERA BOREALIS)
The sei whale was listed as endangered under the ESA on June 2, 1970.
3.10.1 Geographic Boundaries and Distribution
Sei whales have historically occurred in all oceans of the world, migrating from low-latitude wintering
areas to high-latitude summer feeding grounds (Fisheries and Oceans Canada 2005). In the eastern North
Pacific, sei whales are common in the southwest Bering Sea to the Gulf of Alaska, and offshore in a broad
arc between about 40°N and 55°N (Environment Canada 2004a; WWF 2005).
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The sei whale prefers deeper offshore waters, with preferred habitat tending to occur in offshore areas that
encompass the continental shelf break (Gregr and Trites 2001). Commercial whaling catch records off
British Columbia indicate that less than 0.5 percent of sei whales were caught in waters over the
continental shelf (Environment Canada 2004a). These preferences make it unlikely that sei whales would
frequent Cook Inlet waters within the geographic area covered by the general NPDES permit.
3.10.2 Critical Habitat
No critical habitat has been designated for the sei whale.
3.10.3 Life History
Sei whales reach sexual maturity between 5 and 15 years of age, and may live as long as 60 years. Like
many other species of baleen whales, sei whales migrate from low-latitude wintering areas to high-
latitude summer feeding grounds. Catch records suggest that whale migrations are segregated according
to length (age), sex, and reproductive status. Pregnant females appear to lead the migration to feeding
grounds, while the youngest animals arrive last and depart first (Environment Canada 2004a). Sei whales
feed primarily on copepods, followed by small squid, euphausids, and small pelagic fish (Trites and Heise
2005).
3.10.4 Population Trends and Risks
The pre-whaling abundance of sei whales in the North Pacific has been estimated to range from 42,000-
62,000 animals (Ohsumi and Wada 1974; Tillman 1977). There are no current data on trends in sei whale
abundance in the eastern North Pacific waters. A fact sheet prepared by NMFS (2000a) on the eastern
North Pacific stock of sei whale suggest that the population is expected to have grown since being given
protected status under the MMPA in 1976; however, continued unauthorized take, incidental ship strikes,
and fill net mortality makes this uncertain.
The eastern North Pacific sei whale is considered to be at risk due to the following factors:
• Commercial whaling harvested 61,500 sei whales from the North Pacific between 1947 and
1987. Commercial whaling has been prohibited in the United States since 1972 and there has
been an International Whaling Commission prohibition on taking sei whales since 1976
(NMFS 2000a).
• Ship strikes may occasionally kill sei whales; no strikes have been reported for this species in
the eastern North Pacific (NMFS 2000a).
• Environment Canada (2004a) notes there are no species-specific factors limiting the recovery
of sei whales. However, indirect threats to which they are exposed include habitat loss and
degradation through competition with commercial fisheries, vessel noise and traffic, seismic
exploration, chemical contamination, and competition with some species of fish.
3.11 SPERM WHALES (PHYSETER MACROCEPHALUS)
The sperm whale was listed as endangered under the ESA on June 2, 1970.
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3.11.1 Geographic Boundaries and Distribution
Sperm whales inhabit all ocean basins, from equatorial to polar waters. Their distribution generally varies
by gender and the age composition of groups, and is influenced by prey availability and oceanic
conditions (Perry et al. 1999). In the North Pacific, sperm whales are distributed widely, with the
northernmost boundary extending from Cape Navarin (62°N) to the Pribilof Islands (Angliss and Lodge
2003). Mature females, calves, and immature whales of both sexes in the North Pacific are found in
social groups and remain in tropical and temperate waters year round from the equator to approximately
45°N latitude (Angliss and Lodges 2003; Perry et al. 1999). Males lead a mostly solitary life after
reaching sexual maturity between 9 and 20 years of age and are thought to move north in the summer to
feed in the Gulf of Alaska, Bering Sea, and waters around the Aleutian Islands. Research has revealed
considerable east-west movement between Alaska and the western North Pacific (Japan and Bonin
Islands), with little evidence of north-south movement in the eastern Pacific (Angliss and Lodge 2003;
Perry et al. 1999).
The habitat preferred by sperm whales differs among the sexes and age composition of individual whales.
The social groups comprised of females, calves, and immature whales have a broader habitat distribution
than males; they are generally restricted to waters with surface temperatures greater than 15°C and are
rarely found in areas with water depths less than 200 to 1,000 m (656 to 3,280 ft) (Gregr and Trites 2001;
Reeves and Whitehead 1997). Males exhibit a tighter distribution over deeper waters along the
continental shelf break, and are often found near steep drop-offs or other oceanographic features (e.g.,
offshore banks, submarine trenches and canyons, continental shelf edge), presumably because these areas
have higher foraging potential (AKNHP 2005; Gregr and Trites 2001).
The distribution of sperm whale indicates that male sperm whales are the only sex that frequent Alaskan
waters. Available evidence indicates that males are present offshore in the Gulf of Alaska during the
summer, but they are very unlikely to be present in the permit coverage area in Cook Inlet.
3.11.2 Critical Habitat
No critical habitat has been designated for the sperm whale.
3.11.3 Life History
Sperm whales appear to be organized in a social system that consists of groups of 10-40 adult females
plus their calves which remain year-round in tropical and temperate waters. Solitary males join these
groups during the breeding season, which takes place in the middle of the summer (NMML 2004a).
Males reach sexual maturity at 9-20 years of age (Perry et al. 1999), but do not seem to take an actual part
in breeding until their late 20s (ACS 2004). Female sperm whales reach sexual maturity at around 9 years
of age and produce a calf approximately once every 5 years (NMFS 2005c).
Sperm whales feed primarily on medium-sized deep water squid, with the remaining portion of their diet
comprised of octopus, demersal and mesopelagic sharks, skates, and fish; feeding occurs all year round,
usually at depths below 400 feet (ACS 2004; AKNHP 2005; NMFS 2005c; NMML 2004a).
3.11.4 Population Trends and Risks
Pre-whaling abundance estimates of sperm whale in the North Pacific are considered unreliable and range
from 472,000 to 1,260,000 animals (Angliss and Lodge 2003; Perry et al. 1999; NMFS 2005c). The
abundance of whales in the North Pacific in the late 1970s was estimated to be 930,000 animals (Rice
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1989). The current abundance of the North Pacific stock (Alaska) of sperm whale is unknown (NMFS
2005c).
Risk factors for sperm whale in the North Pacific are listed below:
• The population of sperm whales was likely well below pre-whaling levels before modern
whaling became intensive in the 1940s (Reeves and Whitehead 1997). Commercial whaling
of sperm whales in the North Pacific harvested 258,000 animals between 1947 and 1987
(Angliss and Lodge 2003). In addition to reducing overall numbers of animals, commercial
whaling altered the male-to-female ratio by selective killing of the larger breeding age males
(AKNHP 2005).
• Incidental mortality arising from commercial fishing operations in the Gulf of Alaska have
been documented by NMFS observers and may be increasing in frequency. The average
annual mortality rate based on observations from 1997 to 2001 is 0.4 whales per year. Most
interactions appear to occur with the longline fishery operating in the Gulf of Alaska waters
east of Kodiak Island (AKNHP 2005).
• Sperm whales may be impacted by ship strikes, although their behavior suggest that they are
at a lesser risk than other baleen whales that spend a greater proportion of their time in
surface waters (NMFS 2005c).
• Sperm whales may be especially sensitive to noise pollution, resulting in changes of behavior
and distribution in response to unnatural low-frequency sounds (Reeves and Whitehead 1997;
Perry et al. 1999).
• Chemical contaminants that bioaccumulate in higher trophic level predators such as sperm
whale may be a concern. Relatively high levels of mercury have been measured in breeding
females captured off Australia (Perry et al. 1999).
3.12 STELLER SEA LIONS {EUMETOPIAS JUBATUS)
The NMFS listed Steller sea lion as threatened, by emergency interim rule, on April 5, 1990 (NMFS
1990a). The emergency rule listing, which had duration of 240 days, was followed by a final listing of
Steller sea lion as threatened on November 26, 1990 (NMFS 1990b). On May 5, 1997, the NMFS issued
a final rule that reclassified Steller sea lions into two distinct population segments (NMFS 1997). The
Steller sea lion population west of 144°W longitude (a line intersecting the Alaskan coastline near Cape
Suckling) was reclassified as endangered; the sea lion population to the east of this line retained its ESA-
listing status as threatened.
3.12.1 Geographic Boundaries and Distribution
The Steller sea lion is distributed around the North Pacific Ocean rim from northern Hokka, Japan along
the western North Pacific northward through the Kuril Islands and Okhotsk Sea, then eastward through
the Aleutian Islands and central Bering Sea, and southward along the eastern North Pacific to the Channel
Islands, California (NMML 2004b). Two distinct populations (western and eastern) are thought to occur
within this range, with the dividing line being designated as 144°W longitude (NMFS 1997).
There is designated critical habitat for Steller sea lion and other habitat considered as critical habitat by
the NMFS within the lease-sale area: at Cape Douglas, the Barren Islands, and marine areas adjacent to
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the southwestern Kenai Peninsula, and at the extreme southern end of Cook Inlet. There is additional
critical habitat—including rookeries, haulouts, and marine foraging areas for the western population
stock—in areas near the proposed lease-sale area, including Shelikof Strait, and areas along the southern
side of the Alaska Peninsula (MMS 2003).
3.12.2 Critical Habitat
In 1993, NMFS issued a final rule designating critical habitat for the Steller sea lion, including all U.S.
rookeries, major haulouts in Alaska, horizontal and vertical buffer zones (5.5 km) around these rookeries
and haulouts, and three aquatic foraging areas in north Pacific waters: Sequam Pass, southeastern Bering
Sea shelf, and Shelikof Strait (NMFS 1993b). This final rule was amended on June 15, 1994 to change
the name of one designated haulout site from Ledge Point to Gran Point and to correct the longitude and
latitude of 12 haulout sites, including Gran Point (NMFS 1994b).
Critical habitat includes a terrestrial zone that extends 3,000 ft (0.9 km) landward from the baseline or
base point of each major rookery and major haulout in Alaska. Critical habitat includes an air zone that
extends 3,000 ft (0.9 km) above the terrestrial zone of each major rookery and haulout area measured
vertically from sea level. Critical habitat within the aquatic zone in the area east of 144°W longitude
(ESA threatened population) extends 3,000 ft (0.9 km) seaward in state and federally managed waters
from the base point of each rookery or major haulout area. Critical habitat within the aquatic zone in the
area west of 144°W longitude (ESA endangered population) extends 20 nautical miles (37 km) seaward in
state and federally managed waters from the baseline or base point of each rookery or major haulout area
(NMFS 1993b).
3.12.3 Life History
The breeding season for Steller sea lions is from May to July, where the animals congregate at rookeries
and the males defend territories, mating occurs, and the pups are born. Nonreproductive animals
congregate to rest at more than 200 haulout sites where little or no breeding occurs. Bulls become
sexually mature between 3 and 8 years of age, but typically are not able to gain sufficient size and
successfully defend territory within a rookery until 9-10 years of age. Females reach sexual maturity and
mate at 4-6 years of age and typically bear a single pup each year. Sea lions continue to gather at both
rookeries and haulout sites throughout the year, outside of the breeding season (NMML 2004b). Habitat
types that typically serve as rookeries or haulouts include rock shelves, ledges, slopes, and boulder,
cobble, gravel, and sand beaches. Seasonal movements occur generally from exposed areas in summer to
protected areas in winter (ADFG 1994c).
When foraging in marine habitats, Steller sea lions typically occupy surface and mid-water ranges in
coastal regions. They are opportunistic predators and feed on a variety of fish (walleye Pollock, Atka
mackerel (Pleurogrammus monopteryguius), Pacific herring, capelin, sand lance, Pacific cod (Gadus
macrocephalus), and salmon), and invertebrates (squid, octopus) (ADFG 1994c; NMML 2004b).
3.12.4 Population Trends and Risks
In 1980, the world population of Steller sea lion was estimated to be between 245,000 and 290,000
(Loughlin et al. 1992). The western population of Steller sea lion has declined at about 5.0 percent per
year over the period of 1991-2000, while the eastern population has increased at about 1.7 percent per
year (Loughlin and York 2000). Based on recent survey data collected in 2003-2004, Fritz and
Stinchcomb (2005) suggest that the decline of the western population within Alaskan territory may have
abated in recent years, with an annual rate of increase estimated at 2.4 to 4.2 percent.
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A substantial amount of research has been devoted to trying to determine the cause(s) of the Steller sea
lion decline, whose number has dropped by more than 80 percent in the last three decades in Alaskan
waters (National Academies 2002). Currently, there is no consensus on a single causal factor, and it is
likely that many factors could have contributed to the decline of this species (NMML 2004b). The
hypotheses can be divided into two categories (National Academies 2002); those that propose factors that
would affect the overall health and fitness of sea lions and those that propose factors that would directly
kill sea lions regardless of their general health. The first four items listed below fall into the former
category; the last five items fall within the latter category:
• Reduced prey availability or prey quality due to large-scale fishing operations
• Climate changes in the 1970s that may have affected the availability of quality of prey
• Non-fatal diseases that inhibit sea lions' ability to forage for food
• Impairment (reduced fecundity) caused by the consumption of contaminated prey
• Predation by killer whales
• Incidental mortality caused by fishing operations
• Illegal harvest
• Subsistence harvesting
• Fatal diseases caused by contagious pathogens or increased exposure to pollutants
While there may not be consensus on a single causative factor for the decline of sea lion abundance in
Alaskan waters, nutritional stress is probably the leading hypothesis (NMFS 1995B; Porter 1997). Sea
lion declines in abundance have coincided with the declines of other Alaskan pinniped stocks (harbor seal
and northern fur seal) and some sea bird breeding colonies. Over the same period of these declines, there
has been a rapid growth in groundfish fisheries in Alaska, which suggests that competition by fisheries
and reduced prey availability may be limiting the growth and reducing the fitness of sea lions (Porter
1997). Pollock make up over 50 percent of the prey consumed by sea lions; the removal of large
quantities of Pollock, and other groundfish that could provide alternative prey, by commercial fisheries
may have caused increased nutritional stress and reduced the fitness of sea lions resulting in increased
mortality rates.
3.13 NORTHERN SEA OTTER (ENHYDRA LUTRIS KENYONI)
The USFWS issued a final rule listing the southwest Alaska distinct population segment of the northern
sea otter as threatened under the ESA on August 9, 2005 (USFWS 2005).
3.13.1 Geographic Boundaries and Distribution
The overall range of the sea otter extends from northern Japan to southern California. There are three
recognized subspecies of Enhydra lutris. E. lutris kenyoni, referred to as the northern sea otter, has a
range that extends from the Aleutian Islands in southwestern Alaska to the coast of the state of
Washington (USFWS 2005).
Sea otters generally occur in shallow water areas near the shoreline where they forage in shallow water.
Visual observation of 1,251 dives by sea otters in southeast Alaska, indicates that foraging activities
typically occurs in water depths ranging from 2 to 30 m (7 to 98 ft), although foraging at depths up to 100
m (328 ft) was observed (Bodkin et al. 2004).
Sea otter movements are influenced by local climatic conditions such as storm events, prevailing winds,
and in some areas, tidal conditions. They tend to move to protected or sheltered waters during storm
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events of high winds (USFWS 2005). The animals usually do not migrate and seldom travel unless an
area has become overpopulated and food is scarce (ADFG 1994d).
The home ranges of sea otters in established populations are relatively small. Sexually mature females
have home ranges of 8-16 km (5-10 miles). Breeding males remain for all or part of the year within the
bounds of their territory, which constitutes a length of coastline from 100 m (328 ft) to 1 km (.6 mile).
Male sea otters that do not hold territories may move greater distances between resting and foraging areas
than territorial males (USFWS 2005).
3.14.2 Critical Habitat
No critical habitat has been designated for the northern sea otter.
3.13.3 Life History
Sea otters mate at all times of the year, and young may be born in any season; however, in Alaska, most
pups are born in late spring (ADFG 1994d). Females typically give birth in the water, although they have
been observed giving birth on shore (USFWS 2005). Male sea otters appear to reach sexual maturity at
5-6 years of age, and have a lifespan of about 10-15 years. Female sea otters reach sexual maturity at 3-
4 years of age and have a lifespan of about 15-20 years (USFWS 2005). Sea otters are gregarious and
may become concentrated in an area, sometimes resting in pods of fewer than 10 to more than 1,000
animals (ADFG 1994d).
The search for food is one of the most important daily activities of sea otters, as large amounts are
required to sustain the animal in healthy condition. Sea urchins, crabs, clams, mussels, octopus, other
marine invertebrates, and fishes make up the normal diet of sea otters (ADFG 1994d).
3.13.4 Population Trends and Risks
Prior to commercial exploitation, the world population of sea otter in the North Pacific ocean was
estimated to be between 150,000 and 300,000 individuals (USFWS 2005). Over the 170 years of
commercial exploitation, sea otters were hunted to the brink of extinction first by Russian and later by
American fur hunters. Sea otters became protected under the International Fur Seal Treaty of 1911; at
that time the entire population may have been reduced to 1,000-2,000 animals (USFWS 2005).
By the 1980s, sea otters in southwest Alaska had increased in abundance and re-colonized much of their
former range. The population in southwest Alaska is currently estimated at 41,865 animals (USFWS
2005); 15 percent (6,284 animals) of this total occur within the Kodiak Archipelago, which lies near the
geographic area of the general NPDES permit.
3.14 BELUGA WHALE (DELPHINAPTERUS LEUCAS)
Beluga whales are one of the two members of the family Monodontidae and are divided into five stocks
on the basis of mitochondrial DNA analyses: Cook Inlet, Bristol Bay, eastern Bearing Sea, eastern
Chukchi Sea, and Beaufort Sea (NMFS 2003). The Cook Inlet stock of beluga whales was placed on the
ESA candidate list in 1991 (NMFS 1991). The stock was more recently determined to be depleted under
the Marine Mammal Protection Act (NMFS 2000c).
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3.14.1 Geographic Boundaries and Distribution
Beluga whales occur in arctic waters of the northern hemisphere, living in openings within the pack ice in
winter and migrating to shallow bays and estuaries in summer. Beluga whales in U.S. waters range from
Yakutat to the Beaufort Sea. Some beluga stocks migrate over thousands of miles for example, moving
from the Bering Sea to the Mackenzie River estuary in Canada (ADFG 1994e). The winter distribution of
the Cook Inlet stock is unknown, but few beluga whales have been observed in the Gulf of Alaska outside
the inlet and sightings. Tagging data indicate that at least a portion of the Cook Inlet stock remains in the
inlet throughout the year (NMFS 2002c; NMFS 2005d). In spring, Cook Inlet beluga whales move
toward the upper portions of the inlet (NMFS 2005). Large groups may remain in and near the Susitna
River, Little Susitna River, and the Turnigan Arm. Beluga whales are known to move up rivers including
those feeding Cook Inlet; individuals from northern stocks have been observed in the Yukon River as far
upstream as Tanana, Rampart, and Fort Yukon (ADFG 1994e).
3.14.2 Critical Habitat
Critical habitat is not applicable to this species because it is not designated under the ESA.
3.14.3 Life History
Beluga whales are small with adult males generally ranging in size from 11 to 15 feet and females
reaching 12 feet. Calves are born dark gray to brownish-gray with the color lightening to a yellow-white
in adulthood. Reports of sexual maturity at range from 4 to 15 years with males taking longer than
females (NMFS 2002c). Calves are born in late spring and early summer, usually in the summer
concentration areas following a 14-month gestation period (ADFG 1994e). Adult females typically
produce offspring once every 3 years. Members of the Cook Inlet stock have been observed calving in
the Kachemak Bay, off the mouths of the Beluga and Susitna Rivers, and in the Turnagin arm (NMFS
2002c).
Belugas are social and are frequently observed in groups ranging in size from two to five to pods of more
than 100 individuals. They are known to vocalize using grunts, clicks, chirps, and whistles to navgate,
find prey and communicate. During summer months, they are often found in shallow waters and feed on
schooling and anadromous fish including herring, capelin, eulachon, salmon and sculpins (ADFG 1994e).
They are also known to eat octopus, squid, crabs, shrimp clams, mussels and sandworms; belugas appear
to have greater feeding success in areas with dense concentrations of prey (NMFS 2002c).
3.14.4 Population Trends and Risks
NMFS stock assessment reports estimate the combined population of the five beluga whale stocks in U.S.
waters at nearly 60,000 individuals (NMFS 2005d). NMFS reports that the population trends for the
Beaufort Sea and Eastern Bering Sea stocks are unknown; these two stocks account for over 90 percent of
the estimated population of beluga whales in U.S. waters (NMFS 2005d). The population of the Eastern
Chukchi stock consisting of 3,710 individuals shows no evidence of decline and NMFS considers the
population of the Bristol Bay stock (1,619) to be stable to increasing (NMFS 2005d). On the basis of the
range of numbers reported, NMFS estimates that the population in the mid-1980s was between 1,000 to
1,300 individuals. Population trend analyses conducted on the Cook Inlet stock between June 1994 and
June 1998 were constrained by the limited data available but showed a high probability that a 40 percent
decline in the population had occurred during the time period (NMFS 2000d; NMFS 2005d).
NMFS included the Cook Inlet stock beluga whale stock on the candidate list of threatened and
endangered species in 1991 (NMFS 1991). No further action was taken immediately following, although
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NMFS received two petitions in 1999 to list the Cook Inlet stock under the ESA (NMFS 2000c) resulting
in the Cook Inlet stock being designated as depleted under the MMPA (NMFS 2000d). Subsequent
investigations assessed natural and human-induced sources of potential impacts that included:
• Habitat capacity and environmental change
• Standings events
• Predation
• Subsistence harvest
• Commercial fishing
• Oil and gas development
The investigations concluded that subsistence harvests presented the most immediate threat to the stock.
Although NMFS found that other potential sources of impact could have some negative effect on
recovery, none were considered significant (NMFS 2000c). Population surveys since the imposition of
mandatory and voluntary restrictions on subsistence harvests in 1999 show no clear trend and no
indication that the population is increasing (NMFS 2005e). As a result, NMFS developed the Draft
Conservation Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas) in 2005 to establish goals
and objectives that can be achieved cooperatively to promote the recovery of the Cook Inlet beluga whale
population. The goals and objectives apply to a range of potential sources of impacts including those
identified above as well as shoreline development, vessel traffic, and noise.
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4.0 ENVIRONMENTAL BASELINE
The purpose of this section is to identify "the past and present effects of all federal, state, or private
activities in the action area, the anticipated effects of all proposed federal projects in the action area that
have already undergone formal or early section 7 consultation, and the effect of state or private actions
that are contemporaneous with the consultation process" (50 CFR 402.02, definition of "effects of the
action"). These factors affect the species' environment or critical habitat in the action area. The factors
are described in relation to species' biological requirements in the action area.
Over the last 20 years, the MMS has consulted with the USFWS and NMFS on previous lease sales for
oil and gas exploration, development, and production within the coverage of the proposed NPDES permit
and surrounding areas. The most recent consultation occurred in conjunction with lease sales 191 and
199. In their 1993 Cook Inlet lease sale 149 biological opinion, the NMFS concluded that lease sale and
associated oil and gas activities would not be likely to jeopardize the continued existence of Steller sea
lions, gray whales, humpback whales, right whales, fin whales, sei whales, sperm whales, blue whales or
to result in the destruction or adverse modification of critical habitat for the Steller sea lion (MMS 2003).
MMS also consulted with NMFS and USFWS for the proposed lease sale 88 in 1984. In the biological
opinion for this federal action, NMFS concluded that additional impacts from oil and gas activities would
be likely to jeopardize the continued existence of northern right whales; however, the agency believed
that the Department of Interior could plan activities associated with oil and gas leasing and exploration in
the area to avoid impacts to this species (MMS 2003)
Another consultation was conducted in 1980 for the lower Cook Inlet/Shelikof Strait lease sale 60. The
biological opinion prepared by NMFS concluded that the lease sale and oil and gas exploration activities
were not likely to jeopardize the continued existence of any endangered whale or its habitat (MMS 2003).
4.1 DESCRIPTION OF ACTION AREA
The expired general permit authorized discharges from exploratory oil and gas extraction facilities located
in Cook Inlet north of a line extending between Cape Douglas (58° 13' N latitude, 153° 15' W longitude)
and Port Chatham (59° 13' N latitude, 151 ° 47' W longitude) (Figure 1). Development and production
facilities were authorized to discharge only in the northern (coastal) portion of this area of coverage. This
is the area north of a line extending across the Inlet at the southern edge of Kalgin Island (Figure 1).
The Action Area of coverage for the reissued general permit will include the areas covered by the expired
permit (Figure 1) and an additional area to the south in the lower portion of Cook Inlet to the northern
edge of Shuyak Island (Figure 2). The expanded area of coverage includes areas under the Minerals
Management Service lease sales 191 and 199 and the adjoining state waters (Figure 2).
4.2 BIOLOGICAL REQUIREMENTS IN ACTION AREA
The biological requirements of ESA-listed species can be considered, at a minimum, to be met if the
species have access to critical habitat. Critical habitat is defined under Section 3 of the ESA as "the
specific areas within the geographic area occupied by a federally listed species on which are found
physical and biological features essential to the conservation of the species, and that may require special
management considerations or protection." Of the 13 species that were evaluated in this BE, only a single
species, Steller sea lion, has critical habitat designated with the action area. One species has designated
critical habitat outside of the action area (Steller's eider), while the remaining eight species (short-tailed
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albatross, northern right whale, sei whale, blue whale, fin whale, humpback whale, sperm whale, and
northern) have not had any critical habitat designated by either NMFS or USFWS.
In the absence of designated critical habitat, the biological requirements of the ESA-listed species within
the action area would appear to be the maintenance, or enhancement, of habitat conditions, prey
availability, and water quality to enable the current use of the action area to be maintained. Current uses
within the action area include seasonal or year-round foraging, migration, wintering areas, and
reproduction.
4.3 CURRENT STATUS OF THE ENVIRONMENT
The water quality in Cook Inlet is influenced by tidal turbulence and determined by water's chemical and
physical characteristics. Naturally occurring and man-made substances enter Cook Inlet waters and are
diluted and dispersed by the currents associated with the tides, estuarine circulation, wind-driven waves
and currents, and Coriolis force (MMS 2003). On the basis of standard salt balance calculations, 90
percent of waterborne contaminants would be flushed from the inlet in 10 months (MMS 2003). Because
tidal turbulence is the major mixing factor in Cook Inlet, rather than seasonally varying fresh water input,
this flushing rate is relatively invariant from season to season. However, some of the persistent
contaminants can accumulate in the food chain and exceed toxic thresholds, especially in predators near
the top of the food chain; they can also accumulate in the seafloor sediments (MMS 2003).
The water quality of lower Cook Inlet generally is good. Cook Inlet is a relatively large tidal estuary with
a sizable tidal range. The turbulence associated with mainly tidal currents but also winds results in the
vertical mixing of the waters. A relatively large volume of water and a large variety of naturally
occurring inorganic and organic substances are transported into Cook Inlet by the streams and rivers and
by currents from the Gulf of Alaska; the amounts of the individual substances discharged into the inlet
appear to be quite variable. Substances transported into Cook Inlet that remain in suspension or dissolved
in the water column are dispersed by tidal currents and winds. In addition, there are a variety of man-
made substances routinely discharged into Cook Inlet. The major discharges are from municipalities
bordering Cook Inlet, the oil and gas industry, and seafood processors. The quantities of man-made
substances discharged into Cook Inlet generally are less than discharged by the streams and rivers. For
some of the manmade substances, the amounts discharged may be within the range associated with the
natural variability of stream and river discharges. In addition to the routine discharges, there have been a
number of accidental spills of a variety of substances, including crude oil and refined petroleum products.
Hydrocarbons are found throughout the marine environment, but generally the concentrations are low and
of biogenic origin—mainly derived from terrestrial plants. The low concentrations of hydrocarbons in
Cook Inlet are similar to concentrations found in other unpolluted coastal areas. The amount of total
organic carbon in the sediments, where contaminants could accumulate, is low and indicates an
environment that generally is uncontaminated (MMS 2003).
4.3.1 Oxygen, Phosphate, Nitrate, Nitrite, Ammonia, and Silicate in the Water Column
The concentration of oxygen in the surface waters of Cook Inlet ranges from about 7.6 milliliters per liter
in the northern part to 10 milliliters per liter in the southwestern part; none of the waters in the inlet are
oxygen-deficient (MMS 2003). Other chemical parameters (and their concentration ranges) are
phosphate (0.31-2.34 parts per billion [ppb]), nitrate (0-23.5 ppb), nitrite (0.02-0.52 ppb), ammonia
(0.2-3.1 ppb), and silicate (9-90 ppb). In general, the concentration of phosphate increases toward the
mouth of Cook Inlet, while the concentrations of nitrate and silicate decrease; the silicate concentration
appears to be directly related to the suspended-sediment load (MMS 2003).
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4.3.2 Suspended Sediments
Concentrations of suspended sediments in upper Cook Inlet are higher than those in the lower inlet.
Suspended particulate matter that is derived from glacier-fed rivers flows into Cook Inlet; tidal currents
are major factors affecting sediment distribution and suspension. Near Anchorage, suspended sediments
can exceed 2,000 milligrams per liter (mg/L), whereas near the Forelands, suspended sediment
concentrations commonly range from 100 to 200 mg/L (MMS 2003). In the Shelikof Straight, suspended
sediments range from 0.3 to 2 ppm (Hampton et al. 1986, as cited in MMS 2003).
4.3.3 Sources of Contamination
The principal sources of contaminants entering the marine environment are the following:
• Discharges from municipal wastewater treatment systems
• Industrial discharges that do not enter municipal wastewater systems (petroleum industry and
seafood processing)
• Runoff from urban, agricultural, and mining areas
• Accidental spills or discharges of crude or refined petroleum and other substances
Many contaminants in Cook Inlet waters are derived from natural (or nonpoint) sources. Nonpoint
sources of water pollution also are multiple, diffuse sources of pollution. The primary nonpoint sources
of pollution are runoff from urban areas and communities, farms, and mining areas (MMS 2003).
The principal point sources of contaminants in Cook Inlet are the discharges from municipal wastewater
treatment plants, seafood processors, and the petroleum industry. Estimates of the annual suspended
solids discharged from the municipalities (2.03 thousand tonnes), refinery (0.03 thousand tonnes), and
drilling fluids and cuttings (0.93 thousand tonnes) are only a fraction of the suspended sediments (36,343
thousand tonnes) discharged by the Knik, Matanuska, and Susitna Rivers. Estimates of the annual
discharge of biochemical oxygen demand or organic wastes from municipalities (4.27 thousand tonnes),
seafood processors (2.52 to 8.58 thousand tonnes), and produced waters from the petroleum industry
(3.67 thousand tonnes) are all about the same order of magnitude. Estimates of discharge of several
metals in municipal discharges, drilling fluids, and produced waters are small compared with river input.
4.3.3.1 Petroleum Industry
The activities associated with petroleum exploitation that are most likely to affect water quality in the
Cook Inlet lease-sale area are (1) the permitted discharges from exploration-drilling units and production
platforms, and (2) petrochemical-plant operations. Into 2002, there were 15 oil-production platforms and
1 gas-production platform operating in upper Cook Inlet. In addition, there were 3 production-treatment
facilities onshore; produced waters from 10 of the oil-production platforms are treated at these facilities.
(In 1992, three oil-production platforms and one production-treatment facility were shut down.) In 2000,
the oil-production platforms produced about 9 million barrels of oil and 47 million barrels of produced
water (MMS 2003).
4.3.3.2 Exploration and Production Discharges
Petroleum-production operations in upper Cook Inlet discharge a large volume of water and a variety of
chemicals used to conduct the various operations associated with petroleum exploration and production.
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From the 1960s to the end of 2001, approximately 1,030 million barrels of oil and 978 million barrels of
water were produced mainly from four offshore oil fields in upper Cook Inlet. Peak production from
these fields occurred in 1970 when about 70 million barrels of oil were produced. By the end of 1975,
about 514 million barrels of oil and 61 million barrels of water had been produced—about 50 percent of
the total amount of oil and 6 percent of the total amount of water produced from the offshore platforms
through 2001 (MMS 2003).
Produced water constitutes the largest source of naturally occurring and man-made substances discharged
into the waters. These waters are part of the oil/gas/water mixture produced from the wells and contain a
variety of dissolved substances from the geologic formation through which they migrated and in which
they became trapped. These can include small quantities of naturally occurring radioactive materials
(NORM), although concentrations from fresh water formations such as those that exist under Cook Inlet
are usually low. In addition, chemicals are added to the fluids that are part of various activities including
water flooding; well work over, completion, and treatment; and the oil/water separation process. These
chemicals might include flocculants, oxygen scavengers, biocides, cleansers, and scale and corrosion
inhibitors. During the 1987-1988 Cook Inlet Discharge Monitoring Study of production platforms, the
types of chemicals added during the various operations ranged from less than 4 to 410 liters per day per
platform. The discharge of produced waters is of concern because of the types and amounts of naturally
occurring substances they might carry and man-made substances that might be added (MMS 2003).
Before the produced water is discharged into the waters of Cook Inlet, it passes through separators that
remove oil and gas. The treatment process removes suspended oil particles from the waters, but the
effluent contains dissolved hydrocarbons or hydrocarbons held in colloidal suspension. Relative to the
crude oil, the treated produced waters are enriched in the more soluble low-molecular weight saturated
and aromatic hydrocarbons. As specified in the NPDES permit, the maximum daily discharge limit of oil
and grease in the produced waters discharged into the inlet is 42 parts per million (ppm), and the monthly
average is 29 ppm (MMS 2003).
The characteristics of the produced waters that were discharged into Cook Inlet during the Cook Inlet
Discharge Monitoring Study have been documented. The biochemical oxygen demand averaged about
10,000 kilograms per day (about 3,662 tonnes/year). The discharges included about 0.9 kilograms of zinc
per day (about 0.31 tonnes per year). The amount of oil and grease discharged is about 694 kilograms per
day (about 253 tonnes/year), which is about 75 percent of the monthly average specified in the NPDES
permit. The Municipality of Anchorage Point Woronzof Wastewater Treatment Facility discharges about
11,670 kilograms of biochemical oxygen demand, 8 kilograms of zinc, and 2,430 kilograms of oil and
grease daily. Produced water that is discharged into Cook Inlet contains a variety of hydrocarbons that
include benzene (2.280-30.200 ppm), toluene (1.050-15.800 ppm), phenol (0.0005-3.6800 ppm),
naphthalene (0.0025-6.500 ppm), fluorene (0.0050-0.118 ppm), pyrene (0.005-1.240 ppm), and chrysene
(0.0050-0.0500 ppm) (MMS 2003).
During the Cook Inlet Discharge Monitoring Study, the toxicity of the produced waters was determined
by using a standard 96-hour static acute toxicity test (96-hour LC50) on the marine invertebrate
Mysidopsis bahia (a marine shrimp). The toxicities of the produced waters ranged from 0.27 to 82.47
percent of the effluent; these concentrations equal 2,700 to 824,700 ppm. The classification of relative
toxicity of chemicals to marine organisms, proposed by the IMCO/FAO/UNESCO/WHO, provides a
system for assessing relative toxicities. Concentrations of less than 1 ppm are very toxic; 1 to 100 ppm
are toxic; 100 to 1,000 ppm are moderately toxic, 1,000 to 10,000 ppm are slightly toxic, and greater than
10,000 ppm are practically nontoxic. The produced waters sampled in the monitoring study ranged in
toxicity from slightly toxic to practically nontoxic (MMS 2003).
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4.3.3.3 Drilling Fluids and Cuttings
The general NPDES permit authorizes the discharge of water based drilling fluids and additives. The
permit prohibits the discharge of free oil and diesel oil or mineral oil based drilling fluids and limited the
concentration of cadmium and mercury in stock barite that is added to drilling fluids. Drilling fluids
consist of water and a variety of additives (Table 3-7); 75 to 85 percent of the volume of most drilling
fluids currently used in Cook Inlet is water. When released into the water column, the drilling fluids and
cuttings discharges tend to separate into upper and lower plumes (MMS 2003). The discharge of drilling
fluids at the surface ensures dispersion and limits the duration and amount of exposure to organisms
(MMS 2003). Most of the solids in the discharge (> 90 percent) descend rapidly to the seafloor in the
lower plume. The seafloor area in which the discharged materials are deposited depends on the water
depth, currents, and material particle size and density. In most areas of the outer continental shelf, the
particles are deposited within 150 meters below the discharge site; however, in Cook Inlet, which is
considered a high-energy environment, the particles are deposited in an area more than 150 meters below
the discharge site (MMS 2003). The physical disturbance of the seafloor caused by the deposition of
drilling discharges can be similar to that caused by storms, dredging, disposal of dredged material, or
certain types of fishing activities. The upper plume contains the solids and water-soluble components that
separate from the material of the lower plume and are kept in suspension by turbulence. Dilution rates as
high as 1,000,000:1 can occur for drilling solids within a distance to 200 meters of a platform with surface
currents of 30-35 centimeters per second (about 0.6-0.7 knots) (MMS 2003).
Between 1962 and 1994, about 546 wells were drilled in Cook Inlet (MMS 2003). One Continental
Offshore Stratigraphic Test (COST) well and 11 exploration wells were drilled in federal waters, and 75
exploration and 459 development and service wells were drilled in state waters, mainly in upper Cook
Inlet. From 1962 through 1970, 292 wells were drilled (62 exploration and 230 development and service
wells). From 1971 through 1993, the number of wells drilled per year has ranged from 3 to 20; the
average number drilled per year is about 11 (MMS 2003).
For the Cook Inlet sale 191 area, it is estimated that (1) the average exploration well will use about 140
tonnes of dry mud and produce approximately 400 tonnes of rock cuttings, and (2) the average
development or service well will use approximately 70 tonnes of dry mud and produce about 500 tonnes
of cuttings. Table 3-8 shows estimates of the amounts of drilling fluids (125,120 tonnes) and cuttings
(268,900 tonnes) discharged into Cook Inlet between 1962 and 1993. The yearly discharge on the basis
of drilling 11 wells per year is estimated to be about 3,690 tonnes of drilling fluids and 5,590 tonnes of
cuttings. The amount of suspended sediments is estimated to be 10 percent of the discharge, or 928
tonnes (MMS 2003).
The amount of barite (barium sulfate-BaS04) in the drilling fluids is estimated to be about 63 percent
(Table 3-7). Barium makes up about 59 percent of barite or about 37 percent of the drilling fluid. The
amount of barium that might have been discharged into Cook Inlet between 1962 and 1993 is estimated to
be about 46,200 tonnes. For a single well discharging 330 tonnes of drilling fluids, the amount of barium
discharged is estimated to be about 122 tonnes. EPA's limits on the amount of mercury and cadmium in
the barite is 1 ppm mercury and 3 ppm cadmium (dry weight); these limits are assumed to be the
concentrations of mercury and cadmium in the discharged drilling fluids. The amount of mercury and
cadmium discharged per well (based on 330 tonnes of drilling fluids per well) is estimated to be 0.12
kilograms and 0.36 kilograms, respectively. The toxicity (96-hour LC50) of the fluids used to drill 39
production wells in Cook Inlet between August 1987 and February 1991 ranged from 1,955 to more than
1,000,000 ppm for Mysidopsis bahia (MMS 2003). The percentage of the wells with toxicities greater
than 100,000 ppm was 79 percent; between 10,000 and 100,000 ppm, 10 percent; and between 1,000 and
10,000 ppm, 10 percent. Concentrations greater than 10,000 are practically nontoxic, and those between
1,000 and 10,000 are slightly toxic. The toxicity of the COST well drilling fluid discharges ranged from
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(1) 32,000 to 150,000 ppm for shrimp, (2) 3,000 to 29,000 ppm for pink salmon fry, (3) more than 70,000
ppm to more than 200,000 ppm for amphipods, and (4) 10,000 to 125,000 ppm for mysids. Thus, most
COST well drilling fluid discharges were practically nontoxic for a variety of marine organisms (MMS
2003).
4.3.3.4 Other Discharges
Seawater is the principal component of most of the discharges; in some cases it is the only constituent.
Also, there is a wide range of concentrations of the various additives in the discharges: the rate of adding
compounds to the discharge ranges from less than 4 to hundreds of liters per month, while the discharge
rates of the various effluents might range from 0 (for intermittent discharges) to tens of cubic meters per
day, or more. The produced water-treatment additives include biocides, scale inhibitors, emulsion
breakers, and corrosion inhibitors. The range of maximum concentrations and toxicities (96-hour LC50)
for the various discharge components are as follows:
• Biocides are about 5 to 640 ppm and slightly to very toxic.
• Scale inhibitors are about 30 to 160 ppm and practically nontoxic to moderately toxic.
• Emulsion breakers are about 10 ppm and toxic.
• Corrosion inhibitors are about 20 to 160 ppm and toxic (MMS 2003).
4.3.3.5 Oil Spills
Oil spills have occurred in Cook Inlet, and these spills and the risk of future spills are an issue of major
concern. The oil spill records are not complete for the entire production period of Cook Inlet (1957 to
present); however, this section summarizes the available information about the nature of oil spills from
production facilities and pipelines in Cook Inlet.
Three pipeline ruptures in 1966, 1967, and 1968 each released approximately 1,400 barrels of oil to Cook
Inlet (MMS 2003). Crude- and refined-oil spills from tankers, motor vessels, or other known sources
have also occurred in Cook Inlet. The oil spill records are not complete for the entire period of Cook Inlet
recorded marine transportation spills (1949 to present); however, the available information is summarized
below in Table 4-1.
Table 4-1. Cook Inlet Recorded Marine Transportation Spills
Year
Name
Location
Type
Barrels
1966
Tanker vessel
Nikiski
Diesel
2,000
1966
Tanker vessel
Nikiski
Dock oil
1,000
1967
Washington Trader
Drift River
Terminal crude oil
1,700
1976
Sealift Pacific
Nikiski
JP-4
9,420
1984
Cepheus
Near Anchorage
Jet A
4,286
1987
Glacier Bay
Near Kenai
Crude oil
3,095
1989
Lorna B
Nikiski
Diesel
1,547-1,714
In addition to the tanker spills, there are at least two documented spills from outside the Cook Inlet area
that have drifted into Cook Inlet. The first spill was from an unidentified source documented in 1970.
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The suspected source of the spill was from some tank vessel dumping ballast and slop at sea, which used
to be a common practice. No oil-spill volume was provided in the spill report. On the basis of the
estimated number of dead birds and the length of coastline oiled, it was estimated that this spill was
greater than or equal to 1,000 barrels. This spill affected lower Cook Inlet, including the Barren Islands,
Kodiak Island, and Shelikof Strait. The second documented tanker spill is the Exxon Valdez spill, which
drifted into lower Cook Inlet. It is estimated that approximately 1 to 2 percent of the spill entered lower
Cook Inlet, reaching as far north as Anchor Point (MMS 2003).
No oil spills due to blowouts were identified in the spill record. However, three natural gas blowouts
occurred in Cook Inlet:
• The Pan American blowout occurred during drilling on August 1962 from the Cook Inlet
State No. 1 well. The well encountered natural gas and blew gas from August 23, 1962, to
October 23, 1963.
• A short-term natural gas blowout occurred at the Grayling Platform in May 1985. Union Oil
Company was drilling well G-10RD in the McArthur River Field when the blowout occurred.
The event lasted from May 23 to May 26.
• The last blowout in Cook Inlet occurred at the Steelhead Platform from well M-26 on
December 20, 1987. Marathon Oil Company was drilling into the McArthur River Field.
The gas blowout lasted from December 20, 1987, until December 28, 1987 (MMS 2003).
The reported amount of oil spilled in Cook Inlet waters from 1965 through 1975 was 20,636 barrels;
between 1976 and the end of 1979 an additional 9,534 barrels were reported spilled. Of the total
hydrocarbons spilled between 1965 and 1979, the aforementioned large spills (equal to or greater than
1,000 barrels) can account for 17,920 barrels out of 30,170, or 59 percent of the total spillage (MMS
2003).
The spill rate for the offshore oil and gas production industry in Cook Inlet is approximately 2,700 small
spills (less than 1,000 barrels) per billion barrels. It is estimated that one small pipeline spill per month in
the Cook Inlet watershed, onshore and offshore, occurred from 1997 through 2001 (MMS 2003).
The oil industry is not the only or necessarily the primary spiller in Cook Inlet. In the state of Alaska, 269
nonpetroleum-industry oil spills have been reported; the reported amount of oil spilled in 206 of the spills
was 22,746 barrels, and no volume was reported for 63 spills. (Nonpetroleum-industry spills included
spills from fishing boats, vessels carrying refined products to communities, and other vessels.) Nontank
vessels and other unregulated operators had tenfold higher occurrence rates and fiftyfold higher volume
spillage than oil industry and other regulated operators in Alaskan waters. This spillage includes sinking
of nontank vessels such as tugboats and fishing vessels (MMS 2003). Oily ballast water discharges have
occurred and are still occurring in the Gulf of Alaska, including Cook Inlet. Recently, significant
enforcement actions have had to be taken against cargo and cruise ships operating in the Gulf of Alaska
for deliberately and illegally discharging oily waste (MMS 2003).
Oil sheens observed on the water surface are another source of information about vessel oil spills. During
surveillance flights in Prince William Sound and the Gulf of Alaska between September 1989 and
September 1990, 260 sheens observed were attributed to sources other than the Exxon Valdez; i.e., fishing
boats, recreational boats, and cruise ships. The number of non-Exxon Valdez slicks was about 31 percent
of the total number of slicks observed. The estimated amount of oil in these sheens totaled about 8,100
liters (about 193 barrels) and ranged from less than 1 to 6,000 liters; the largest spill consisted of diesel
fuel from a cruise vessel (MMS 2003).
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5.0
EFFECTS ON ENDANGERED, THREATENED, AND DEPLETED SPECIES
The ESA Section 7 implementing regulations (50 CFR 402.02) define "effects of the action" as:
The direct and indirect effects of an action on the species or critical habitat together with
the effects of other activities that are interrelated or interdependent with that action that
will be added to the environmental baseline. The environmental baseline includes the
past and present impacts of all federal, state, or private actions and other human activities
in the action area, the anticipated impacts of all proposed federal projects in the action
area that have already undergone formal or early section 7 consultation, and the impact of
state or private actions that are contemporaneous with the consultation in process.
Indirect effects are those that are caused by the proposed action and are later in time, but
still are reasonably certain to occur (50 CFR 402.02).
For the federal action considered in this BE, there are no direct effects or consequence to listed species —
that is, approving the reissuance of the general NPDES permit oil and gas exploration, development and
production facilities located in Cook Inlet, Alaska in and of itself will not change the environmental
baseline or directly affect ESA-listed species. However, there are significant indirect effects of reissuing
the general permit.
This BE evaluates the discharges and activities that would be authorized under the general NPDES permit
for oil and gas exploration, development and production facilities in Cook Inlet, Alaska. The analysis of
effects assumes that the species of interest are exposed to conditions that may exist if the NPDES permit
conditions are met. Potential effects arising from violations of permit conditions are not evaluated.
There are three possible determinations of effects under the ESA (USFWS and NMFS 1998). The
determinations and their definitions are:
• No Effect (NE)—the appropriate conclusion when the action agency determines its proposed
action will not affect listed species or critical habitat.
• Is not likely to adversely affect (NLAA)—the appropriate conclusion when effects on listed
species are expected to be discountable, or insignificant, or completely beneficial. Beneficial
effects are contemporaneous positive effects without any adverse effects to the species.
Insignificant effects relate to the size of the impact and should never reach the scale where
take occurs. Discountable effects are those extremely unlikely to occur. Using one's best
judgment, a person would not (1) be able to meaningfully measure, detect, or evaluate
insignificant effects; or (2) expect discountable effects to occur.
• May affect, likely to adversely affect (LAA)—the appropriate conclusion if any adverse
effect to listed species may occur as a direct or indirect result of the proposed action or its
interrelated or interdependent actions, and the effect is not discountable, insignificant, or
beneficial (see definition of "is not likely to adversely affect"). In the event the overall effect
of the proposed action is beneficial to the listed species, but also is likely to cause any
adverse effects, the proposed action "is likely to adversely affect" the listed species. An "is
likely to adversely affect" determination requires formal Section 7 consultation.
For the purposes of Section 7 of the ESA, any action that is reasonably certain to result in "take" is likely
to adversely affect a proposed or listed species. The ESA (Section 3) defines "take" as "to harass, harm,
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pursue, hunt, shoot, wound, trap, kill, capture, collect or attempt to engage in any such conduct."
Further, the term "harass" is defined as "an intentional or negligent act that creates the likelihood of
injuring wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns such
as breeding, feeding, or sheltering" (50 CFR 17.3). The NMFS has interpreted "harm" as "an act that
actually kills or injures fish or wildlife. Such an act may include significant habitat modification or
degradation where it actually kills or injures fish or wildlife by significantly impairing essential
behavioral patterns, including breeding, spawning, rearing, feeding, or sheltering" (NMFS 1999). The
USFWS further defines "harm" as "significant habitat modification or degradation that results in death or
injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or
sheltering."
5.1 DESCRIPTION OF PARAMETERS OF CONCERN
The general NPDES permit for oil and gas exploration, development and production facilities located in
Cook Inlet, Alaska would authorize the activities and discharges described in Section 2.0 of this
document. The permit establishes water quality based limitations and monitoring requirements necessary
to ensure that the authorized discharges comply with Alaska's water quality standards.
The potential effects of activities and discharges that would be authorized under the general NPDES
permit on threatened and endangered species are discussed below.
5.1.1 Drilling Fluids and Cuttings
Drilling fluids, or fluids, are complex mixtures of clays and chemicals, and their potential impact on
marine organisms has been examined in several studies. Recent reviews of studies conducted in federal
Outer Continental Shelf (OCS) areas include Neff (1982), National Research Council (1983), Petrazzuolo
et al. (1985), and Parrish and Duke (1990). Drill cuttings are the waste rock particles that are brought up
from the well hole during exploratory drilling operations.
The permit restrictions for drilling fluids and cuttings are provided in Sections 2.3.1.1 and 2.3.1.2,
respectively. No discharge of drilling fluids or cuttings would be allowed for new development and
production facilities. Existing facilities would be allowed to discharge drilling fluids and cuttings subject
to the technology-based restrictions that:
• prohibit the discharge of free oil
• prohibit the discharge of diesel oil
• require a minimum toxicity limit of 3 percent by volume
• allow maximum concentrations of 3 mg/kg cadmium and 1 mg/kg mercury in stock barite
• prohibit the discharge of nonaqueous-based drilling fluids, except those that adhere to drill
cuttings
• prohibit the discharge of oil-based drilling fluids, inverse emulsion drilling fluids, oil
contaminated drilling fluids, and drilling fluids to which mineral oil has been added
MMS (2003) estimated that the completion of each exploration or delineation well will result in the
discharge of an estimated 140 tonnes (metric dry weight) of drilling fluid and 400 tonnes of cuttings. The
drilling of production and service wells from an existing platform is estimated to require disposal of 70
tonnes of drilling fluid and 500 tonnes of cuttings per well.
The Offshore Operators Committee (OOC) and Exxon Production Research Company have developed a
model (the OOC model) that has been used extensively in Alaskan waters to predict the transport and
deposition of drilling fluid. Comparison of model results with field observations has shown that the
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model is capable of predicting many important aspects of the drilling fluid discharge plume behavior.
When released into the water column, the drilling fluid separates into an upper plume, which contains
fine-grained solids, and a lower plume, which contains the majority of solids. The fate and transport of
cuttings are not predicted by the OOC model. These materials are expected to be of coarser grain size
than drilling fluids and will, therefore, settle more rapidly to the seafloor. Model simulations of drilling
fluid discharges in Cook Inlet show that both solids and dissolved components are diluted rapidly with
distance from the point of discharge. At 100 m (328 ft) from the point of discharge, the dilution factors
ranged from 905 to 5,793 for discharges in water depths ranging from 40 m (131 ft) to 120 m (394 ft)
(Tetra Tech 1993). Dilution factors for dissolved components ranged from 1,285 to 9,127 for discharges
to the same range of water depths (Tetra Tech 1993).
5.1.1.1 Turbidity
Drilling fluids and cuttings discharged into Cook Inlet would increase the turbidity of the water column
and the rate of accumulation of particulate matter on the seafloor in the vicinity of the exploratory drilling
unit or existing platform. Most of the solids in the discharge (more than 90 percent) are predicted to
descend rapidly (within 1 hour) to the seafloor as part of the lower mud plume (MMS 2003). Dye studies
and modeling of the discharge plume associated with the drilling of a well in lower Cook Inlet during
1977, at a site between Kachemak and Kamishak bays, indicated rapid dilution to a minimum value of
10,000:1 within 100 m of the drilling vessel (MMS 2003). Following dilution, the increase in turbidity
was estimated to be about 8 ppm; background turbidity in the area ranged from 2-20 ppm.
The finer grained material that does not rapidly settle may be kept in suspension by turbulence or settle to
the seafloor farther away from the point of discharge. These particulates can cause an increase in
turbidity. However, in general, the concentration of suspended particulate matter in the water column is
expected to be reduced to levels comparable to naturally occurring suspended particulate matter (1-50
ppm) within about 100-200 meters of the discharge site (MMS 2003).
Only part of the solids in the drilling fluids and cuttings discharged into Cook Inlet may accumulate near
the discharge. The bottom currents in lower Cook Inlet are strong enough to prevent the deposition of
sand-size and smaller particles. The general southwest flow of Cook Inlet currents indicates that
discharged substances that are dissolved or remain in suspension generally would be transported out of
the Cook Inlet and into the Gulf of Alaska within about 10 months (MMS 2003).
5.1.1.2 Chemical Toxicity
A variety of Alaskan marine organisms have been exposed to drilling fluid in laboratory or field
experiments. Most of these studies have addressed short-term acute effects in a relative or "screening"
sense, with little effort directed at separating chemical from physical causes. (In aquatic toxicity tests, a
response measuring lethality observed in 96 hours or less is typically considered acute [USEPA 1990]).
A few studies have looked at chronic sublethal effects and bioaccumulation of heavy metals from drilling
fluid. Chronic refers to a stimulus that lingers or continues for a relatively long period of time, often one-
tenth of the life span of an organism or more (USEPA 1990). Results are typically reported as LC50s
(concentrations lethal to 50 percent of the test organisms) or median effective concentrations (EC50s
[concentrations at which a designated effect is displayed by 50 percent of the test organisms]). Because
drilling fluid discharges are episodic and typically only a few hours in duration (Jones and Stokes 1990),
organisms that live in the water column are not likely to have long-term exposures to drilling fluids and
risks to these organisms are best assessed using acute toxicity data. Benthic organisms, particularly
sessile species, are likely to be exposed for longer time periods; risks to these organisms are best assessed
with chronic toxicity data.
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As noted above, the effects of drilling fluids on biological organisms are most commonly assessed by
conducting acute laboratory toxicity tests. Results obtained in the majority of studies to date have not
shown drilling fluid to have a high degree of acute toxicity (USEPA 1988a; 1988b). For example, Parrish
and Duke (1990) reviewed research findings on the toxicity of drilling fluids used in the Gulf of Mexico
and concluded that available models suggest that discharges made from oil platforms in open, well-mixed
waters deeper than about 20 m (66 ft) will result in no detectable acute effects, except within a few
hundred meters of the point of discharge.
The general NPDES permit has incorporated a standard acute toxicity test using the mysid Mysidopsis
bahia. Under these permits, discharge of drilling fluids with a LC50 of less than 30,000 ppm SPP
(suspended particulate phase) is prohibited. The classification of relative toxicity of chemicals to marine
organisms proposed by the IMCO/FAO/UNESCO/WHO, reported by Neff (1991), provides a means of
qualitatively assessing relative toxicities (MMS 2003). Concentrations less than 1 ppm are classified as
very toxic; 1-100 ppm are toxic; 100-1,000 ppm are moderately toxic; 1,000-10,000 ppm are slightly
toxic; and greater than 10,000 ppm are practically nontoxic. The NPDES permit would allow discharge
of drilling fluids only from exploratory wells and existing platform facilities, and the fluids discharged
from these facilities would be considered to be "practically nontoxic." Drilling fluid toxicity data
compiled by EPA (1993) from Alaskan exploratory and production wells indicate that the fluids used in
all current and recent operations are acutely toxic only to a slight degree to Mysidopsis bahia. LC50s for
the 91 valid toxicity test data points ranged from 2,704 to 1,000,000 ppm suspended particulate phase
(SPP) with a mean of 540,800 ppm. Only 7 of the 91 tests had LC50s less than the 30,000 ppm limit.
While the discharge of nonaqueous-based drilling fluids will be prohibited under the proposed permit (see
Section 2.3.1.1), the discharge of drill cuttings that are generated using nonaqueous-based drilling fluids
is proposed to be authorized by the reissued permit. These new discharges are only proposed to be
authorized in the territorial seas and federal waters in Cook Inlet. Nonaqueous-based drilling fluids, also
known as synthetic-based fluids, are a pollution prevention technology because the drilling fluids are not
disposed of through bulk discharge at the end of drilling. Instead, the drilling fluids are brought back to
shore and refurbished so that they can be reused. Drilling with synthetic-based fluids allows operators to
drill a slimmer well and causes less erosion of the well during drilling than drilling using water-based
fluids. Therefore, relative to drilling with water-based fluids, the volume of drill cuttings that are
discharged is reduced.
Unlike the water-based drilling fluids, the synthetic-based drilling fluids (SBFs) are water insoluble and
do not disperse in the water column as do water-based drilling fluids, but rather sink to the bottom with
little dispersion (USEPA 2000). Since 1984, EPA has used the suspended particulate phase toxicity test,
an aqueous-phase toxicity test, to evaluate the toxicity of drilling fluids, including SBFs. Using the SPP
toxicity test, SBFs have routinely been found to have low toxicity; however, an inter-laboratory
variability study indicated that SPP toxicity results are highly variable when applied to SBFs (USEPA
2000). In general, benthic test organisms appear to be more sensitive to the SBFs than water-column
organisms. The ranking for SBF toxicity from least toxic to most toxic is: esters < internal olefins <
linear alpha olefins < polyalphaolefins < paraffins (USEPA 2000).
Few studies have evaluated impacts on Alaskan species following chronic exposure to drilling fluids. The
species that have been tested are all invertebrates. The test results are summarized in Appendix Table F-2
of the OCS Lease Sale 87 and State Lease Sales 39, 43, and 43a ODCE (USEPA 1984). The lowest
reported concentration of drilling fluid producing a significant sublethal chronic effect was 50 mg/L for
30 days of continuous exposure with bay mussels, and there was no attempt to separate chemical from
physical effects (USEPA 1988a).
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A laboratory study examined the chronic toxicity of cuttings from Beaufort Sea wells on the sand dollar
(Echinarachniusparma) (Osborne and Leeder 1989). Exposure to mixtures as low as 10 percent
cuttings/90 percent sand were found to affect the survival of the benthic organisms, with 100 percent
mortality occurring within 23 days in some test cases.
5.1.2 Produced Waters
The term "produced water" refers to the water brought up from the oil-bearing subsurface geologic
formations during the extraction of oil and gas; it can include formation water, injection water, and any
chemicals added to the well hole, or added during the oil/water separation process (USEPA 1996).
All the existing development and production facilities in Cook Inlet are located in coastal waters in the
area north of a line extending across Cook Inlet at the southern edge of Kalgin Island (Figure 1). Federal
guidelines for the coastal subcategory of oil and gas extraction point source category allow produced
waters to be discharged to Cook Inlet coastal waters provided these discharges meet a monthly average oil
and grease limit of 29 mg/L and a daily maximum oil and grease limit of 42 mg/L. These limits are
contained in the expired general permit for produced water and will be included without modification, for
existing facilities only, in the reissued general permit. Produced waters will not be authorized for
discharge in either coastal or offshore waters for new sources.
Table 5-1 shows data compiled by EPA (1996) from several sampling programs to characterize the
composition of produced water in Cook Inlet.
Table 5-1. Chemical Analyses of Produced Water Samples: Source Samples from Shelikof Strait
Sediment Quality Study and Produced Water Samples from the Trading Bay Production Facility
Outfall
Parameters
Net Weight
(parts per million wet weight)
Total PAH
0.380
Total PHC
6.20
Silver
<0.0001
Arsenic
0.0024
Barium
20.7
Beryllium
<0.0001
Cadmium
0.000
Chromium
0.0032
Copper
0.0060
Iron
0.76
Mercury
<0.0005
Manganese
1.71
Nickel
0.0075
Lead
0.0001
Antimony
0.0001
Selenium
<0.0002
Tin
0.008
Thallium
0.00025
Vanadium
0.067
Zinc
0.0030
Notes:
< = less than
PAH = polycyclic aromatic hydrocarbons
PHC = petroleum hydrocarbons
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5.1.3 Mixing Zones and Water Quality Standards
The general NPDES permit will authorize mixing zones as described in Section 2.3.2.1 and require that
numeric criteria for chronic aquatic life be met at the boundary of the mixing zone. To evaluate potential
affects to ESA-listed species, two issues must be addressed: 1) Whether adverse effects would occur as a
result of exposure to contaminant concentrations above water quality standards within the mixing zone
boundaries, and 2) whether the water quality standards are protective of ESA-listed species.
5.1.3.1 Mixing Zon es
Mixing zones are established by States and EPA to minimize the portion of a waterbody in which water
quality criteria are exceeded. Alaska's Water Quality Standards require that when mixing zones are
authorized, they be as small as practicable. Numeric criteria for chronic aquatic life and human health
protection can be exceeded within the mixing zone, but they must be met at its boundary. The standards
(18 AAC 70.255) also require that there is no lethality to organisms passing through mixing zones and
that acute aquatic life criteria are met at the boundary of a smaller zone of initial dilution established
within the mixing zone.
Alaska's Water Quality Standards do not allow ADEC to authorize mixing zones if the pollutants could
bioaccumulate or persist in concentrations above natural levels in the environment, or if they can be
expected to cause a carcinogenic or other human health risk. ADEC is required to take into account the
potential exposure pathways in determining whether to authorize mixing zones. ADEC has determined
that the discharges authorized by the previous permit are not likely to persist in the environment and,
therefore, has authorized mixing zones. Mixing zones ranging in size from 20 to 1,420 meters from the
discharge point have previously been authorized by the state for Cook Inlet oil and gas facilities.
The size of the mixing zone that is required to meet water quality standards depends upon the
concentration of the parameter in the discharge water, how the water is discharged to receiving waters,
and the characteristics of the receiving water. ADEC and EPA used the CORMIX dispersion model to
calculate the dilution that the effluent plume receives and determine how far from the point of discharge
water quality standards would be met. The radii of the mixing zones are shown in Table 2-2. The largest
mixing zones would be necessary to meet water quality standard for total aromatic hydrocarbons
(TAH)/Total Aqueous Hydrocarbons (TAqH); the proposed mixing zones for existing facilities range
from 36 to 3,016 meters (Table 2-2). Mixing zones for whole effluent toxicity, chronic metals, and acute
metals have the ranges 31-1,742 m, 9-262 m, and <1-239 m, respectively (Table 2-2).
All the ESA-listed species evaluated in the BE are mobile organisms with extended geographic ranges
that includes areas outside the action area for the general NPDES permit. These organisms are unlikely to
spend extended periods within the mixing zone boundaries.
5.1.3.2 Water Quality Standards
Because aquatic ecosystems can tolerate some stress and occasional adverse effects, EPA has not deemed
it necessary to protect all species at all times and all places (USEPA 1985). EPA guidance suggests that if
acceptable data are available for a large number of appropriate taxa from a variety of taxonomic and
functional groups, a reasonable level of protection will be provided if all but a small fraction (5 percent)
of the taxa is protected (USEPA 1985). Thus, it is conceivable that an individual ESA-listed species may
not be protected by a water quality standard.
In June 2003, Alaska submitted revisions to the state's numeric water quality criteria for toxic and other
deleterious organic and inorganic substances (18 AAC 70.020(b)) to EPA for approval in accordance with
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Section 303(c)(2) of the CWA. The affect of the federal action of approving these criteria, which
included acute and chronic marine criteria for the metals found in discharges from oil and gas production
facilities (see Table 5-1), on all threatened and endangered species found in Alaskan waters was evaluated
in a biological evaluation that was completed in January 2004 (Tetra Tech 2004). This statewide
biological evaluation determined that the water quality standards for toxic and other deleterious organic
and inorganic substances may affect, but were not likely to adversely affect all the threatened and
endangered species considered in this BE.
The previous evaluation of potential affects to ESA-listed species arising from exposure to the Alaska
marine water quality standards are adopted by reference in this BE. It is assumed that compliance with
the water quality standards as stipulated in the general NPDES permit is not likely to adversely affect
ESA-listed species considered in this BE.
5.2 EFFECT DETERMINATIONS
This section provides effect determinations for the 12 ESA-listed and candidate species considered in this
BE.
5.2.1 Snake River Fall-Run Chinook Salmon
Distribution data on the ocean distribution of the Snake River fall-run chinook salmon are limited, but the
available information indicates that the individuals of this ESU are likely to occur within Alaskan waters.
Although, it is not clear whether they occur within Cook Inlet. As ocean-type chinook salmon, fish in
Snake River fall-run ESU may range throughout the northern Pacific, and coded wire tagging studies have
confirmed the presence of hatchery-raised surrogates in Alaskan fishery harvests (NMFS 1998).
Assuming the possibility that Snake River fall-run chinook salmon may occur within the permit area, the
potential for impacts is extremely low. Salmon are mobile and unlikely to spend substantial periods of
time within discharge mixing zones; previous work has determined that exposure to discharged pollutant
concentrations equal to Alaska water quality standards are not likely to adversely affect this species (see
Section 5.1.3.2). The discharge of drilling fluids and cuttings could potentially be a source of localized
impacts; however those activities are limited to existing discharges. Existing discharges are found in the
northern portion of Cook Inlet, where habitat values are poorer due to naturally high turbidity levels and
strong currents. If Snake River fall-run salmon were to be exposed to facilities covered by the general
permit, it would more likely be the new source facilities that would occur in the better quality habitat in
the southern portion of Cook Inlet. The general permit prohibits the discharge of drilling fluids and
cuttings from these facilities reducing the potential for even localized impacts. Vessel traffic and noise
associated with exploration and development activities could potentially produce very localized and short-
term effects although the mobility of chinook salmon and their transient use of Cook Inlet waters would
limit the impact.
The discharges authorized under the general NPDES permit are unlikely to adversely affect Snake River
fall-run chinook salmon or their habitat in Cook Inlet. Exposure to anthropogenic noise and vessel traffic
associated with oil and gas exploration, development, and production might affect, but is not likely to
adversely affect (NLAA) this species.
5.2.2 Snake River Spring/Summer-Run Chinook Salmon
Distribution data on the ocean distribution of the Snake River spring/summer-run chinook salmon are
limited, but the available information suggests that the occurrence of individuals from this ESU within the
Cook Inlet is unlikely (Federal Caucus 1999). As stream-type chinook salmon, fish in Snake River
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spring/summer-run ESU are more likely to remain in coastal waters within 1,000 km from the mouth of
the Columbia River (Healey 1991) and Alaska fishery harvest data has not resulted in the recovery of
coded wire tagged individuals from spring/summer-runs of Snake River chinook salmon.
Assuming the remote possibility that Snake River spring/summer-run chinook salmon occur within the
permit area, the potential for impacts is extremely low. Salmon are mobile and unlikely to spend
substantial periods of time within discharge mixing zones; previous work has determined that exposure to
discharged pollutant concentrations equal to Alaska water quality standards are not likely to adversely
affect this species (see Section 5.1.3.2). The discharge of drilling fluids and cuttings could potentially be
a source of localized impacts; however, those activities are limited to existing discharges. Existing
discharges are found in the northern portion of Cook Inlet, where habitat values are poorer due to
naturally high turbidity levels and strong currents. If Snake River fall-run salmon were to be exposed to
facilities covered by the general permit, it would more likely be the new source facilities that would occur
in the better quality habitat in the southern portion of Cook Inlet. The general permit prohibits the
discharge of drilling fluids and cuttings from these facilities reducing the potential for even localized
impacts. Vessel traffic and noise associated with exploration and development activities could potentially
produce very localized and short-term effects although the mobility of chinook salmon and their transient
use of Cook Inlet waters would limit the impact.
The discharges authorized under the general NPDES permit are unlikely to adversely affect Snake River
fall-run chinook salmon or their habitat in Cook Inlet. Exposure to anthropogenic noise and vessel traffic
associated with oil and gas exploration, development, and production might affect, but is not likely to
adversely affect (NLAA) this species.
5.2.3 Snake River Sockeye Salmon
Data on the ocean distribution of Snake River sockeye salmon are limited due to the size of the population
and difficulties with sampling methodology. Information available more broadly for Washington and
British Columbia stocks indicate that they reach the Gulf of Alaska. Within the Gulf of Alaska, these
stocks' northernmost distribution are limited to the area south and east of Kodiak Island (Bugner 1991).
Because the Snake River sockeye ESU can be assumed to be distributed similarly to the other Washington
and British Columbia stocks, Cook Inlet is outside the known range of the Snake River sockeye ESU.
The issuance of the permit therefore is not likely to adversely affect (NLAA) this species.
5.2.4 Short-Tailed Albatross
Available data do not suggest that Cook Inlet waters lie within the typical geographic range of this
species. Breeding activities and chick-raising occurs in the vicinity of Japanese islands, and thus,
discharges authorized under the permit will have no effect on breeding or foraging activities to support
fledgling chicks.
Adult birds may occasionally occur within the geographic area covered by the general permit. Exposure
to oil spills are considered to pose a potential threat to the species' conservation and recovery due to
damage related to oil contamination, which could cause physiological problems from petroleum toxicity
and by interfering with the bird's ability to thermoregulate. The NPDES permit prohibits the discharge of
free oil, but allows the discharge of produced waters, subject to a monthly average oil and grease limit of
29 mg/L, from existing facilities. Existing facilities that will be allowed to discharge produced waters are
in the northern portion of Cook Inlet, far from the preferred pelagic habitat of adult birds.
Considering the geographic distribution of short-tailed albatross, the low probability that this species will
use waters in close proximity to permitted activities, and the conclusion that permitted actions would have
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little effect on the bird's behavior, foraging ability, or prey species, it is concluded that the issuance of the
permit might affect, but is not likely to adversely affect (NLAA) this species.
5.2.5 Steller's Eider
Steller's eiders are not reported to nest in any locations within or near the proposed area of coverage for
the general permit. However, molting and wintering habitat is thought to extend throughout southern
Cook Inlet, approximately as far north as the Trading Bay (USFWS 2003). Wintering Steller's eider
usually occur in waters less than 10 m (30 ft) deep and are, therefore, usually found within 400 m (400
yd) of shore except where shallows extend further offshore in bays and lagoons (USFWS 2002).
Wintering birds are from both the Alaskan and Russian breeding populations; USFWS assumes that 4.2
percent of the birds are from the ESA-listed Alaskan population and the remaining 95.8 percent are from
the nonendangered Russian breeding population.
All the existing oil and gas production facilities are in northern Cook Inlet and with the exception of the
East Foreland facilities appear not to fall within mapped winter habitat. The birds would not be expected
to occupy areas within the designated mixing zones because of their preference for nearshore, shallow
foraging habitat. Exposure to discharge waters that comply with chronic water quality standards are not
expected to adversely affect Steller's eider (see Section 5.1.3.2).
The potential for adverse impacts to Steller's eider from the discharge of drilling fluids and cuttings
authorized under the permit depends upon where discharges would occur, although any effects are
expected to be insignificant. The permit does not allow discharges in water depths less than 5 m (birds
usually occur in water less than 10 m). The deposition of drilling fluids in shallow waters could alter
benthic habitat and adversely affect shallow water mollusks and crustaceans that Steller eiders feed upon.
These affects would extend over only a very small fraction of the bird's available winter range and would
not noticeably impact overall prey abundance and availability.
Wintering Steller's eider could be affected by low-flying aircraft, vessel traffic, noise and movement
associated with drilling rigs, production facilities, and well abandonment. Repeated disturbance of
concentrations of wintering birds could cause the birds to expend greater amounts of energy due to
increased movements, or stress, and could lessen their ability to survive the winter. These activities could
also cause the birds to abandon some foraging areas and relocate to other areas, thereby increasing the
number of birds feeding on the same resources.
The permit prohibits discharge of free oil; however, the oil and gas operations regulated under the permit
do pose a potential risk to Steller's eiders from oil spills. Any species that becomes contaminated through
inhalation, ingestion, or direct contact may suffer mortality, or lesser sublethal effects that reduce fitness.
The number of individuals that could be affected and the severity of impacts would depend upon the size
of the spill, the distribution of the spill, the timing of the spill (birds are not present year-round), and the
severity of exposure. Oil spills could directly impact Steller's eider, adversely affect nearshore habitat,
and could impact their food resources depending upon the nature of spill events.
On the basis of the above rationale, it is concluded that the issuance of the permit might affect, but is not
likely to adversely affect (NLAA) this species.
5.2.6 Blue Whale
Available evidence indicates that blue whales are unlikely to inhabit Cook Inlet waters at any time of the
year. While they are seasonally present in the Gulf of Alaska, they are typically offshore and relatively
rare (MMS 2003). The issuance of the permit is not likely to adversely affect (NLAA) this species.
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5.2.7 Fin Whale
The discharges authorized under the general permit are unlikely to adversely impact fin whales. These
mobile organisms are unlikely to spend substantial amounts of time within discharge mixing zones, and
previous work has determined that exposure to discharged pollutant concentrations equal to the Alaska
water quality standards are not likely to adversely affect this species (see Section 5.1.3.2).
Fin whales could be adversely affected by noise associated with seismic exploration and oil and gas
facility operations. Long-term impacts of oil- and gas-related noise on the hearing abilities of individual
marine mammals are unknown. However, anthropogenic sound has been reported to impact the
navigational, foraging, reproductive, and hearing capabilities of whales (e.g., Romano et al. 2004). MMS
(2003) concluded that fin whales could be affected primarily by noise associated with oil and gas
exploration and development activities in Cook Inlet.
Vessel traffic associated with the support and operation of oil and gas facilities pose an increased risk to
fin whales. A ship strike has been implicated in the death of a single fin whale in Uyak Bay, Alaska in
2000 (NMFS 2003). Additional mortality from ship strikes that are unreported might occur.
The discharges authorized under the general NPDES permit are unlikely to adversely affect fin whale or
their habitat in Cook Inlet. Exposure to anthropogenic noise and vessel traffic associated with oil and gas
exploration, development, and production might affect, but is not likely to adversely affect (NLAA) this
species.
5.2.8 Humpback Whale
The discharges authorized under the general permit are unlikely to adversely impact humpback whales.
These mobile organisms are unlikely to spend substantial amounts of time within discharge mixing zones
and previous work has determined that exposure to discharged pollutant concentrations equal to the
Alaska water quality standards are not likely to adversely affect this species (see Section 5.1.3.2).
Humpback whales could be adversely affected by noise associated with seismic exploration and oil and
gas facility operations. Long-term impacts of oil- and gas-related noise on the hearing abilities of
individual marine mammals are unknown. However, anthropogenic sound has been reported to impact
the navigational, foraging, reproductive, and hearing capabilities of whales (e.g., Romano et al. 2004).
Humpbacks exhibit variable responses to noise, and the level and type of response exhibited by whales
has been correlated to group size, composition, and apparent behaviors at the time of possible disturbance.
Humpback whales have suffered severe mechanical damage to their ears from noise pulses from
underwater blasting; whales exposed to playbacks of noise from drillships, semisubmersibles, drilling
platforms, and production platforms do not exhibit avoidance behaviors at noise levels up to 116 db
(Malme et al. 1985). MMS (2003) concluded that humpback whales are the most likely of the baleen
whales to be impacted by noise associated with oil and gas exploration and development activities in
Cook Inlet.
Vessel traffic associated with the support and operation of oil and gas facilities pose an increased risk to
humpback whales. Direct ship strikes are a significant source of mortality in the eastern North Pacific
stock of humpback whales in California, Oregon, and Washington waters, where there is an average of
0.6 whales killed per year (Perry et al. 1999). Little information is available on mortality rates from ship
strikes for humpback whales in Alaskan waters. One pregnant humpback whale was reported killed by a
cruise ship in Glacier Bay in July 2001 (Richardson 2003). Additional mortality from ship strikes that are
unreported may occur.
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The discharges authorized under the general NPDES permit are unlikely to adversely affect humpback
whales or their habitat in Cook Inlet. Exposure to anthropogenic noise and vessel traffic associated with
oil and gas exploration, development, and production might affect, but is not likely to adversely affect
(NLAA) this species.
5.2.9 Northern Right Whale
There is no evidence that northern right whales ever inhabited Cook Inlet waters. These whales do occur
in the Gulf of Alaska and any impacts to this species would be significant given their extremely small
population size. However, given that this species is extremely rare in Alaskan waters and occurs only in
waters well outside the action area, it is concluded that the issuance of the permit is not likely to
adversely affect (NLAA) this species.
5.2.10 Sei Whale
Sei whales are observed very rarely in Shelikof Strait and waters adjacent to Kodiak Island, with one
recorded sighting in lower Cook Inlet (MMS 2003). The whales are seasonally present in the Gulf of
Alaska but prefer deeper offshore waters, with preferred habitat tending to occur in offshore areas that
encompass the continental shelf break (Gregr and Trites 2001). It is very unlikely that sei whales would
occur in any areas impacted by discharges authorized under the general NPDES permit. In addition, the
whales are not likely to be in areas impacted by any noise associated with oil and gas, exploration,
development, or production (MMS 2003). The issuance of the permit is not likely to adversely affect
(NLAA) this species.
5.2.11 Sperm Whale
Sperm whale females and calves do not inhabit Cook Inlet waters or regions of the Gulf of Alaska
adjacent to Cook Inlet. Males lead a mostly solitary life after reaching sexual maturity between 9 and 20
years of age and are thought to move north in the summer to feed in the Gulf of Alaska, Bering Sea, and
waters around the Aleutian Islands. They prefer deeper water habitat along the continental shelf break
(Gregr and Trites 2001). It is very unlikely that sperm whales would occur in any areas impacted by
discharges authorized under the general NPDES permit. In addition, the whales are not likely to be in
areas impacted by any noise associated with oil and gas, exploration, development, or production (MMS
2003). The issuance of the permit is not likely to adversely affect (NLAA) this species.
5.2.12 Northern Sea Otter
Sea otters generally occur in shallow water areas near the shoreline where they forage in shallow water.
Visual observation of 1,251 dives by sea otters in southeast Alaska, indicates that foraging activities
typically occurs in water depths ranging from 2 to 30 m (7 to 98 ft), although foraging at depths up to 100
m (328 ft) was observed (Bodkin et al 2004). The home ranges of sea otters in established populations
are relatively small. Sexually mature females have home ranges of 8-16 km (5-10 miles). Breeding
males remain for all or part of the year within the bounds of their territory, which constitutes a length of
coastline from 100 m (328 ft) to 1 km (0.6 mile).
Drilling fluid discharges could adversely affect local otter populations that forage in the vicinity of these
discharges by altering prey availability due to the burial of benthic organisms, or changes in bottom
habitat characteristics. Exposure to increased pollutant concentrations within designated mixing zones
are unlikely to cause adverse effects to otters as they are unlikely to be attracted to these areas and would
be expected to have minimal exposures. Exposure to discharge waters that comply with chronic water
quality standards are not expected to adversely affect northern sea otter (see Section 5.1.3.2).
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While noise and disturbance associated with oil and gas exploration and development may have local
effects on the behavior and distribution of otters, they are not thought to have significant population
impacts (MMS 2003). Reidman (1983; 1984) reported no change in the behavior of otters during
underwater playbacks of drillship, semisubmersible, and production platform sounds. Most animals were
40 meters of more from the sound source and continued to dive and feed.
Vessel traffic associated with the support and operation of oil and gas facilities could disturb sea otters in
some areas. In summer, vessel traffic associated with oil and gas operations is likely to be insignificant
compared to the quantity of boat traffic from fishing, tourism, and shipping. However, in winter, boat
traffic in a remote region could have local impacts on the distribution of females and pups (MMS 2003).
While males sometimes become accustomed to heavy boat traffic, female sea otters, particularly those
with pups, are sensitive to disturbance.
The permit prohibits discharge of free oil; however, the oil and gas operations regulated under the permit
do pose a potential risk to northern sea otters from oil spills. Any species that becomes contaminated
through inhalation, ingestion, or direct contact may suffer mortality, or lesser sublethal effects that reduce
fitness. The number of individuals that could be affected and the severity of impacts would depend upon
the size and distribution of the spill. Oil spills could directly impact sea otters, adversely affect nearshore
habitat, and could impact their food resources depending upon the nature of spill events.
The discharges authorized under the general NPDES permit may impact local populations of northern sea
otter by altering prey availability, modifying behavior, and changing the distribution of sea otters. These
impacts are unlikely to have a significant effect on the overall populations as the impact areas would be
small in relation to the total habitat available to sea otters in Cook Inlet. Exposure to anthropogenic noise
and vessel traffic could also modify the behavior and distribution of local sea otter populations. The
issuance of the permit might affect, but is not likely to adversely affect (NLAA) this species.
5.2.13 Steller Sea Lion
Steller sea lion is the only ESA-listed species with designated critical habitat within the geographic area
of coverage for the general NPDES permit. Critical habitat occurs at Cape Douglas, the Barren Islands,
and marine areas adjacent to the southwestern Kenai Peninsula. There is additional critical habitat
including rookeries, haulouts, and marine foraging areas for the western population of sea lions in areas
near the proposed permit action area within the Shelikof Strait and areas along the southern side of the
Alaska Peninsula (MMS 2003). Critical habitat includes a terrestrial zone that extends 3,000 ft (0.9 km)
landward from the baseline or base point of each major rookery and major haulout in Alaska. It also
includes an air zone that extends 3,000 ft (0.9 km) above the terrestrial zone of each major haulout or
rookery. Critical habitat within marine waters for the western population that occurs within the permit
action area extends 20 nautical miles (37 km) seaward in state and federally managed waters from the
baseline or basepoint of each rookery or major haulout area (NMFS 1993b).
Drilling fluid discharges are unlikely to adversely impact the Steller sea lion. Critical habitat restrictions
do not allow discharges in the vicinity of Steller sea lions. Drilling fluid discharges are rapidly diluted
and the majority of deposition generally occurs within 100 m of the point of discharge (Tetra Tech 1993).
The rapid dilution and low toxicity of drilling fluids discharged in Cook Inlet imply that these discharges
would not be likely to adversely affect pollock or other Steller sea lion prey.
Exposure to increased pollutant concentrations within designated mixing zones are unlikely to cause
adverse effects to sea lions because they are unlikely to be attracted to these areas and would be expected
to have minimal exposures. Exposure to discharge waters that comply with chronic water quality
standards are not expected to adversely affect Steller sea lions (see Section 5.1.3.2).
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Steller sea lions are believed to be less likely to be adversely affected by underwater noise than whales
(MMS 2003). The NMFS has determined that a threshold of 190 decibels must be reached before injury
would occur (67 FR 35793, May 21, 2002). Airborne sounds are of special concern. Sea lion pups on
land are vulnerable to trampling if adults are panicked by low aircraft noises (MMS 2003). The aerial and
aquatic critical habitat distance restrictions should ensure that this species is unlikely to be adversely
impacted by noise associated with oil and gas exploration, development, and production activities.
The permit prohibits discharge of free oil; however, the oil and gas operations regulated under the permit
do pose a potential risk to sea lions from oil spills. Any species that becomes contaminated through
inhalation, ingestion, or direct contact may suffer mortality, or lesser sublethal effects that reduce fitness.
The number of individuals that could be affected and the severity of impacts would depend upon the size
and distribution of the spill. Oil spills could directly impact sea lions, adversely affect critical habitat, and
could impact their food resources depending upon the nature of spill events.
The discharges authorized under the general NPDES permit are unlikely to adversely affect the western
population of Steller sea lion. Exposure to anthropogenic noise and vessel traffic are unlikely to modify
the behavior and distribution of sea lions due to the critical habitat restrictions that prevent aircraft and
vessels from operation near critical habitat. The issuance of the permit is not likely to adversely affect
(NLAA) this species.
5.3 DEPLETED STOCK ASSESSMENT
The Cook Inlet beluga whale stock is designated as depleted and is a federal species of concern. The
MMPA does not require a formal determination for species listed as depleted; however, this assessment is
included because issuance of the permit has the potential to affect the species.
5.3.1 Beluga Whale
Beluga whales have been observed throughout Cook Inlet but are concentrated in the tidal flats, river
mouths, and estuaries in the northern portions of the inlet throughout the summer. The whales are
thought to move to deeper waters in winter, ranging as far south as Chinitna Bay and Tuxedni Bay,
although they have been observed in the Knik and Turnagin arms in February and March (NMFS 2005f).
The draft conservation plan for the Cook Inlet beluga whale stock identifies the Knik and Turnagin arms,
Chickaloon Bay and at the mouths of rivers, as the highest value and most sensitive habitat for the whales
(NMFS 2005f). Permit activities would occur outside the high summer concentration areas in Type 1 and
Type 2 habitats as identified in the draft conservation plan as a result of ADNR restrictions on the
location of oil leases in the upper Cook Inlet and the permit's prohibition of activities within 4,000 meters
of the mouth of a river, river delta, or coastal marsh. During winter, when beluga whales are distributed
more widely throughout the inlet, the whales occur within the area covered by the permit.
Drilling fluid discharges could adversely affect prey availability in the immediate vicinity of the
discharges because of the burial of benthic organisms or changes in bottom habitat characteristics. Such
effects would be of limited size and duration. Exposure to increased pollutant concentrations within
designated mixing zones are unlikely to cause adverse effects to beluga whales because of the whales'
mobility and limited amount of time within spent within these areas. Exposure to discharge waters that
comply with chronic water quality standards are not expected to adversely affect beluga whales (see
Section 5.1.3.2).
Beluga whales are susceptible to vessel strikes and could potentially be affected by vessels supporting oil
and gas operations. However, small craft associated with recreation and sport and commercial fishing
have been identified as a greater concern because of their presence in the shallow waters that coincide
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with the summer use of these areas by beluga whales (NMFS 2005f). An acoustics study conducted
within Cook Inlet that included the effects of noise from offshore oil platforms concluded that sounds
would likely have only a minor effect on beluga whales (Blackwell and Greene 2002).
The permit prohibits discharge of free oil; however, the oil and gas operations regulated under the permit
do pose a potential risk to beluga whales from oil spills. The effects of oil spills on beluga whales are not
well known, although most organisms that become contaminated through inhalation, ingestion, or direct
contact may suffer mortality, or lesser sublethal effects that reduce fitness. The number of individuals
that could be affected and the severity of impacts would depend upon the size and distribution of the spill
and the time of year during which it occurred. Oil spills could also indirectly affect beluga whales by
impacting nearshore habitat and their food resources, depending upon the nature of the spill event.
The permit has been developed with consideration of the protection measures, including the avoidance of
Type 1 and 2 habitats outlined in the NMFS draft conservation plan. The discharges authorized under the
general NPDES permit may affect individual beluga whales either directly or indirectly however, they are
not likely to contribute to a further decline of the Cook Inlet beluga whale stock or affect the recovery of
the population as a whole.
5.4 CUMULATIVE EFECTS
Cumulative effects include the effects of future state, tribal, local, or private actions on endangered and
threatened species or their critical habitat that are reasonably certain to occur in the action area considered
in this Biological Evaluation. Cumulative effects may also affect the Cook Inlet stock of beluga whales,
which are also considered in this assessment.
Recreation and commercial uses of the Cook Inlet basin include sport fishing and hunting, fish
processing, guide services, timber harvesting and restoration, mining and reclamation, agriculture and
mariculture, recreation and tourism, and public works projects, along with oil and gas exploration and
development. Of these, oil and gas development is the main agent of industrial-related change in the
Cook Inlet area.
Oil and gas exploration and production activities have occurred in the Cook Inlet basin for more than 50
years. In the late 1950s and the 1960s, several commercial oil and gas fields were discovered. Many of
the commercial-sized fields discovered during that time are still producing today. Cook Inlet oil
production, which peaked at 230 thousand barrels per day in 1970, declined to 27.5 thousand barrels per
day by 2003. Cumulative production between 2004 and 2009 is an estimated 42.6 million barrels. Oil
production in Cook Inlet is expected to continue to 2016. Cook Inlet natural gas production reached 217
billion cubic feet (bcf) per year in 1984, and peaked at 223 bcf in 1996. Natural gas production has
remained relatively stable at an average of 213 bcf per year from 1997 to 2001. In 2003, gas production
was at 208 bcf per year, and cumulative production for 2004 through 2009 is an estimated 1,131 bcf.
Natural gas production in Cook Inlet is expected to continue beyond 2022 (ADNR DOG 2004).
The cumulative impact analysis considers the past and current lease sale activities; past oil and gas
exploration and production; oil and gas discoveries that have a reasonable chance of being developed
during the next 15 to 20 years; and speculative exploration and development of additional undiscovered
resources (onshore and offshore) that could occur during the next 15 to 20 years.
Although the ratio of produced water to oil will continue to increase from existing Cook Inlet production
facilities, discharges from these facilities are not anticipated to have cumulative effects according to the
modeling conducted for this permit reissuance. Produced water discharges from a multiple-well
production platform would likely be injected into underlying formations. Even if discharged, produced
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water would not be expected to degrade the quality of Cook Inlet water. The routine other discharges
associated with oil production are not expected to cause any overall degradation of Cook Inlet water
quality (MMS 2003). Therefore, no cumulative effects would be expected to threatened and endangered
species.
5.4 INTERDEPENDENT/INTERRELATED ACTIONS
Interdependent actions are defined as actions with no independent use apart from the proposed action.
Interrelated actions are those that are a part of a larger action and depend upon the larger action for
justification.
There are no interdependent or interrelated actions expected as a result of the issuance of the general
NPDES permit for oil and gas exploration, development, and production facilities in state and federal
waters in Cook Inlet, Alaska.
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6.0 CONCLUSION
The federal action that is the subject of this Biological Evaluation (BE) is the issuance of NPDES Permit
No. AK-G31-5000: Authorization to Discharge Under the National Pollutant Discharge Elimination
System (NPDES) for Oil and Gas Extraction Facilities in Federal and State Waters in Cook Inlet.
The analysis of effects in this BE assumed that the species of interest are exposed to conditions that will
exist if the NPDES permit conditions are met. Potential effects arising from violations of permit
conditions were not evaluated. The determinations of effects for the 13 species of interest evaluated in
this BE are shown in Table 6-1 below.
Table 6-1. Effects Determinations
Species
Population
Effects Determination
Chinook Salmon
Snake River Fall run
NLAA
Snake River spring/summer run
NLAA
Sockeye Salmon
Snake River
NLAA
Short-tailed Albatross
U.S. Waters
NLAA
Steller's Eider
Alaska
NLAA
Northern Right Whale
North Pacific
NLAA
Sei Whale
North Pacific
NLAA
Blue Whale
North Pacific
NLAA
Fin Whale
Northeast Pacific
NLAA
Humpback Whale
North Pacific
NLAA
Sperm Whale
North Pacific
NLAA
Beluga Whale
Cook Inlet Stock
NLAA
Steller Sea Lion
Western (West of 144° W longitude)
Eastern (East of 144° W longitude)
NLAA
NLAA
Northern Sea Otter
Southwest Alaska
NLAA
NE = No Effect
NLAA = Not Likely to Adversely Affect
The Cook Inlet beluga whale stock is considered depleted and is also a federal species of concern. This
stock was also considered within the BE using the same criteria as that employed for threatened and
endangered species. Issuance of the permit is not likely to contribute to the decline or adversely affect the
recovery of the Cook Inlet stock of beluga whales.
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