IV.E.5. Impacts on Endangered and Threatened Species and Pursuant to Section 7 of the Endangered Species Act, formal consultation must take place between MMS, the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) prior to offshore oil and gas explorations. Because of this, MMS has requested that both FWS and NMFS reexamine and update their existing biological opinions concerning oil and gas exploration activities in the mid-Atlantic region. This process was initiated in June, 1984 (see Appendix E). Both the FWS and NMFS have issued two regionwide biological opinions concerning OCS exploration activities in the midAtlantic region. Each agency concluded that exploration activities associated with Sales No. 59 and 76 would not jeopardize the continued existence of any endangered or threatened species in the region. The FWS continues to support their conclusion of no jeopardy (see Appendix E). The bald eagle is an endangered species which could be adversely affected if an oil spill reached shore. Should an eagle contact or ingest oil-contaminated food several things could result: the eagle could be poisoned by the oil, it could develop sublethal physiological abnormalities, egg-laying could be inhibited, plumage could become oiled, or oil could be transferred to eggs, thereby reducing hatchability. These impacts are considered unlikely unless crude oil or oiled fish or birds wash ashore in the eagle's territory. Should an oil spill occur, the probability of it affecting a bald eagle nesting area from the proposed sale area or from a proposed Sale No. 111 tanker route is 1 percent or less (see Table 5 of Appendix C). Endangered peregrine falcons could be adversely affected during their spring and fall migrations through the mid-Atlantic region. Peregrines would be most susceptible to oil pollution when preying upon oiled seabirds. This could result in direct toxicity to the falcon, oiled plumage, or sublethal physiological disorders. However, laboratory studies by Pattee and Franson (1982) with a different species of falcon, the American kestrel (Falco sparverius), indicate that ingestion of crude oil poses little acute hazard to falcons. Because peregrines have been found as far as 300 miles offshore, oil spills from the lease area that do not approach shore could affect peregrines indirectly by affecting offshore prey species. Currently, an attempt is being made to re-establish breeding peregrines in several coastal areas of New Jersey and in the City of New York. Oil spills reaching these breeding areas would not only pose a threat to adult birds but to their eggs and young, too, since the adults could transfer oil to their nest. However, should a spill occur, the probability is less than 10 percent that an oil spill from the sale area would contact peregrine migratory stop-over or breeding areas. If a proposed Sale No. 111 tanker spill should occur, the probability of it reaching peregrine migratory stop-over or nesting areas is 6 percent or less (see Table 5 of Appendix C). The probabilities of an oil spill occurring and contacting these areas from all sale-related activities over a 25-year period (the period of time used for the OSRAM model) are 2 percent and 0.5 percent, respectively (see Table 12 of Appendix C). These probabilities suggest a low risk that one or more oil spills resulting from proposed Sale No. 111 may affect these areas. The brown pelican is an endangered marine bird that could be seriously threatened by an oil spill that approached or contacted shore, particularly in the vicinity of nesting colonies (Visual No. 2). Because pelicans are known to rest on open water and because of their feeding behavior of plunge diving for fish, it is very likely that these birds would be fouled by a spill in their vicinity. Oil-fouled birds can lose buoyancy and sink, suffer exhaustion from loss of insulation, and ingest quantities of oil that could reduce the vitality of the individual and impair reproduction. In addition, oil could be transferred from breeding adults to their nests, thereby reducing the hatching and feeding success of eggs and chicks, respectively. The portion of the proposed sale area that is closest to a pelican colony is the sale area offshore Cape Hatteras, North Carolina (approximately 30 mi). If a spill occurred here, there is a 4 percent probability that it would contact a brown pelican colony (Table 8, Appendix C). A transportation spill in this general area has a 5 percent probability of contacting a pelican colony. Service vessels and support facilities are not expected to affect pelican colonies because they will be located in existing ports or industrial areas and because of their distance from the nearest colony. Therefore, OCSrelated activities may pose a minor threat to pelican colonies, primarily along the North Carolina coast. The type of impacts to which the endangered Bermuda petrel could be exposed are essentially the same as those described for other pelagic marine birds (Section IV.E.3). However, because it's an endangered species (estimated population of only 120 adults), the loss of any birds could have a serious effect on the population. Only OCS activities in the southern portion of the sale area are likely to adversely affect this bird based upon its suspected distribution. If the one estimated oil spill (Table 1, Appendix C) over 1,000 barrels should occur in this area, it could pose a threat to these birds. However, because of the low number of spills and the widespread distribution of these seabirds in the area, the potential for a major impact on the population appears remote. The shortnose sturgeon is an endangered anadromous fish which spawns in the midand upper portions of most major rivers on the Atlantic seaboard. It is extremely unlikely that an oil spill or any sale-related activities will adversely affect the shortnose sturgeon because of the downstream and coastal location of support facilities and the low probability (less than 7 percent) of an oil spill, should one occur from the lease area or from a Sale No. 111 tanker route, entering a major river. Since so little is known about the life history of this fish when it enters salt water, it is difficult to assess impacts to this species when it is in its marine environment. The threat of a major adverse impact would seem remote due to the demersal habits of this species. Conclusion: The proposed action is expected to have a minor impact on endangered birds and coastal species. Cumulative Impacts: Endangered Birds and Coastal Species Considering the cumulative impacts of the proposed sale and the existing OCS sales in the mid-Atlantic region, only 1 spill greater than 1,000 barrels may occur over the production life (approximately 30 years) of these sales. Because of the low resource estimate for existing leases, the risk of an oil spill occurring and contacting mid-Atlantic resources would be low. Impacts from OCS onshore development and support facilities are not expected to increase because the one additional pipeline and gas processing plant would be located in an industrialized area. Therefore, the cumulative effect of OCS development activities in the mid-Atlantic region should not result in a significant adverse impact to birds and coastal species occurring in the region. Because crude oil recovered from the south and north Atlantic region is expected to be transported to refineries in the mid-Atlantic region, OCS development in these areas could have a cumulative effect on endangered birds and coastal species occurring in the mid-Atlantic area. A tanker carrying crude oil from the South Atlantic could spill oil in the Chesapeake and Delaware Bays or along the Delaware, Maryland, and Virginia coasts. This could threaten bald eagles in the Chesapeake Bay, and migrating peregrine falcons. Because the bald eagle and peregrine falcon migrate between regions, these birds could come in contact with spills in both the north and south Atlantic regions. The cumulative effect of this could result in a small number of birds becoming fouled with oil. It is unlikely that this would have a serious adverse impact on each population, but may result in the mortality of some individual birds. Impacts that are not related to OCS activities but could contribute to a cumulative impact to all coastal species would include the loss of onshore breeding, migratory stop-over, and over-wintering habitats from private and recreational development of coastal areas. The Arctic peregrine falcon migrates through Central and South America where it is exposed to widely used toxic pesticides like DDT which can drastically reduce the reproductive capabilities of these birds. Oil spills from crude and refined petroleum imports entering the region could pose a serious threat to brown pelican colonies and peregrine falcon migratory stop-over areas. Based upon OSRAM Table 1 (Appendix C), it is assumed that approximately 27 spills greater than 1,000 barrels could occur in the mid-Atlantic region over the life of the sale. The net effect of these impacts could inhibit the return of each species to a non-endangered status or further reduce remaining populations. Conclusion: Cumulative impacts (both OCS and non-OCS) could have a major impact on endangered birds and coastal species. The effects of oil on sea turtles have not been well documented in the literature. However, it is reasonable to assume several types of adverse impacts based on sea turtle behavior. Turtles are air breathers and therefore, must periodically surface to breathe. If turtles surface in an oil slick, they could become fouled with oil and suffocate. This would be especially true of small, young turtles. It has been suggested that sea turtles are actually attracted to oil spills (Witham, 1978). However, there is no conclusive evidence to support this potentially harmful behavior. Another way sea turtles may be affected by an oil spill is through their diet. Dead turtles have been found with tar balls in their gut. The effect of oil ingestion on turtles is not known; however, it must be considered detrimental. Since only one spill greater than 1,000 barrels is estimated to occur over the oil production life of the field, sea turtles in the region face a negligible risk of contacting this spill. It is generally accepted that offshore platforms act as artificial reefs causing a large increase in biomass in their immediate vicinity. Such an increase will probably attract feeding turtles. Four production platforms are expected to be used to develop the field under this alternative. While initially this appears to benefit turtles, certain adverse impacts may occur which could outweigh any benefits. If an oil spill occurs at a platform, turtles would be in the immediate vicinity and would be more likely to be adversely affected. Furthermore, if members of the biological communities under the platforms accumulate the toxic materials and trace metals routinely discharged from the platform, the turtles can, through the food chain, ingest the toxins with the probable results being physiological disorders or death. The anticipated volumes of platform discharges are listed in Section IV.E.1. Sea turtles can be killed or injured by collisions with ships. Increased ship traffic (service vessels) will increase the risk of turtles colliding with ships. If platforms attract turtles as expected, the increase in vessel traffic will occur in areas where turtles may congregate. The three endangered species of sea turtles in the mid-Atlantic region include the hawksbill, the leather back, and the Atlantic ridley. The two threatened species are the loggerhead and the green sea turtle. Of all the endangered or threatened sea turtles only the loggerhead and leatherback occur in the proposed sale area or in potential tanker routes in relatively high numbers. The leatherback could be adversely affected by sale-related activities and oil spills from the lease area in early summer and late fall when the majority of turtles are believed to migrate directly through the proposed lease sale area. remainder of the year, the leatherback would be concentrated north of the proposed sale area during the summer and far to the south during the winter. The Atlantic ridley prefers shallow coastal waters where it is present from spring through fall. The threat of a serious impact on this species from Sale No. 111 related activities is very remote because the distance from shore for most of the sale area is approximately 50 statute miles, the species is a bottom feeder which reduces the opportunities for contacting spilled oil or for ship collisions, and the mid-Atlantic region represents the northern extent of this animal's range. However, sighting and strandings in the waters around Cape Cod are not uncommon. Because the Atlantic ridley is one of the most critically endangered species inhabiting the region, the loss of any individuals would adversely affect the entire remaining populations. The loggerhead would be vulnerable to sale-related impacts in late summer and early fall when migrating individuals reach the waters of the proposed sale Impacts on this species are not expected to be severe because the number area. of estimated spills is very low (1) and the distribution of this turtle is widespread throughout the proposed sale area (CETAP, 1982). However, although some mortalities may result should a spill occur, the impact on the existing population should not result in a serious adverse effect. In addition to the several types of impacts noted above, the loggerhead sea turtle could be adversely affected by oil washing ashore on its nesting beaches. Fritts and McGehee (1982) have found that sea turtle eggs incubated in sand mixed with either weathered crude oil or fresh crude oil did not show a significant difference in mortality from eggs incubated in clean sand. However, when fresh crude oil was poured onto the sand of partially developed nests, significant mortality occurred (65 to 85 percent). The probability of a spill that has originated from the proposed lease area or from a Sale No. 111 related tanker accident contacting a loggerhead nesting beach is less than 0.5 percent (see Table 5 of Appendix C). This low probability indicates that any oil spills resulting from the proposed sale are highly unlikely to reach any loggerhead nesting beaches. The hawksbill and the green sea turtles would be vulnerable to oil spill related impacts during the spring, summer, and fall seasons. Because of their infrequent occurrence in the region, they are not expected to incur significant adverse impacts from the proposed sale. Conclusion: The proposed action should have only a minor impact on sea turtles in the mid-Atlantic region. Cumulative Impacts: Endangered and Threatened Sea Turtles The level of cumulative impacts on endangered and threatened sea turtles from existing and proposed OCS leases in the mid-Atlantic region could increase from those predicted under the proposed action. The number of wells drilled and the amount of drill muds and cuttings discharged would increase. The probability of an oil spill occurring would also increase from oil production on the mid-Atlantic OCS. This increase in activity levels could have an adverse impact on sea turtles, especially those that might concentrate in the vicinity of the drill rig or platform. Adverse impacts from additional support facilities are not likely. Since all of the species have been known to occur in the three OCS lease areas bordering the Atlantic coast, sea turtles could be exposed to oil and gas related activities over a major part of their range. The low number of estimated spills (1, 1, and 3 spills in the north, mid-, and south Atlantic regions, respectively) together with other OCS activities may result in some turtle mortalities particularly for leatherbacks and loggerheads as they are the more prevalent species. Impacts that are unrelated to OCS activities but could contribute to a cumulative impact on sea turtles include moderate to high mortality rates caused by commercial fishermen in the Gulf of Mexico and along the southeastern coast of the U.S., and natural and man-induced predation of turtles and eggs on nesting beaches of all five species in the Gulf of Mexico/Caribbean Sea region. In 1980 approximately 1,850 sea turtle carcasses washed ashore on beaches in the south Atlantic region; presumably, the majority were killed in shrimp trawls (Federal Register, October 7, 1980). The high number of estimated spills (27) over 1,000 barrels each from petroleum imports may also contribute to the |