Endangered Species Act Section 7 Biological Opinion: Issuance of Incidental Harassment Authorization under section 101(a)(5)(a) of the Marine Mammal Protection Act to BP Offshore, Inc. for seismic surveys in the Simpson Lagoon in 2012.

This opinion will address authorization by NMFS of the incidental and unintentional taking of bowhead whales, ringed seals, and bearded seals due to ocean bottom cable seismic surveys by BP in the Simpson Lagoon area of the Beaufort Sea. Section 101 (a)(5) of the Marine Mammal Protection Act (MMPA), directs the Secretary of Commerce to allow, upon request by U.S. citizens engaged in a specific activity (other than commercial fishing) in a specified geographical region, the incidental but not intentional taking of small numbers of marine mammals if certain findings are made. Such authorization may be accomplished through regulations and issuance of letters of authorization under those regulations, or through issuance of an incidental harassment authorization (IHA).