Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 37309-37313 [2021-15047]
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operations would occur further from
shore, the survey would not be expected
to have any impact on the availability of
the species or stocks for subsistence
users. L–DEO conducted outreach to
local stakeholders, including
subsistence communities, to notify
subsistence hunters of the planned
survey, to identify the measures that
would be taken to minimize any effects
on the availability of marine mammals
for subsistence uses, and to provide an
opportunity for comment on these
measures. During operations, radio
communications and Notice to Mariners
would keep interested parties apprised
of vessel activities. NMFS is unaware of
any other subsistence uses of the
affected marine mammal stocks or
species that could be implicated by this
action. On this basis, NMFS
preliminarily determined that the total
taking of affected species or stocks
would not have an unmitigable adverse
impact on the availability of such
species or stocks for taking for
subsistence purposes, and requested
comments or any information that may
help to inform this determination. We
did not receive any comments or
additional information regarding
potential impacts on the availability of
marine mammals for subsistence uses.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
National Environmental Policy Act
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), the National
Science Foundation prepared an
Environmental Analysis (EA) to
consider the direct, indirect, and
cumulative effects to the human
environment from this geophysical
survey of the Queen Charlotte Fault.
NSF’s EA was made available to the
public for review and comment in
relation to its suitability for adoption by
NMFS in order to assess the impacts to
the human environment of issuance of
an IHA to L–DEO. In compliance with
NEPA and the CEQ regulations, as well
as NOAA Administrative Order 216–6A,
NMFS has reviewed the NSF’s EA,
determined it to be sufficient, and
adopted that EA and signed a Finding
of No Significant Impact (FONSI). NSF’s
EA is available at www.nsf.gov/geo/oce/
envcomp/, and NMFS’ FONSI is
available at www.fisheries.noaa.gov/
action/incidental-take-authorization-
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lamont-doherty-earth-observatorygeophysical-survey-queen.
ACTION:
Endangered Species Act (ESA)
SUMMARY:
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
On July 7, 2021, the NMFS Office of
Protected Resources (OPR) ESA
Interagency Cooperation Division issued
a Biological Opinion under section 7 of
the ESA, on the issuance of an IHA to
L–DEO under section 101(a)(5)(D) of the
MMPA by the NMFS OPR Permits and
Conservation Division. The Biological
Opinion concluded that the proposed
action is not likely to jeopardize the
continued existence of the sei whale, fin
whale, blue whale, sperm whale,
Mexico DPS of humpback whale,
western North Pacific DPS of gray
whale, North Pacific right whale, and
western DPS of Steller sea lion.
Background
Authorization
As a result of these determinations,
NMFS has issued an IHA to L–DEO for
conducting a marine geophysical survey
of the Queen Charlotte Fault beginning
in July 2021, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: July 12, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–15046 Filed 7–14–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB222]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Notice of issuance of Letter of
Authorization.
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Shell Offshore Inc. (Shell) for the take
of marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico.
DATES: The LOA is effective from July
15, 2021, through August 15, 2021.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: www.fisheries.noaa.gov/
action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
Except with respect to certain
activities not pertinent here, the MMPA
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defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
On January 19, 2021, we issued a final
rule with regulations to govern the
unintentional taking of marine
mammals incidental to geophysical
survey activities conducted by oil and
gas industry operators, and those
persons authorized to conduct activities
on their behalf (collectively ‘‘industry
operators’’), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the
course of 5 years (86 FR 5322; January
19, 2021). The rule was based on our
findings that the total taking from the
specified activities over the 5-year
period will have a negligible impact on
the affected species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on the
availability of those species or stocks for
subsistence uses. The rule became
effective on April 19, 2021.
Our regulations at 50 CFR 217.180 et
seq. allow for the issuance of LOAs to
industry operators for the incidental
take of marine mammals during
geophysical survey activities and
prescribe the permissible methods of
taking and other means of effecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat (often referred to as
mitigation), as well as requirements
pertaining to the monitoring and
reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
authorized under the LOA is of no more
than small numbers.
Summary of Request and Analysis
Shell plans to conduct sea trials of an
alternative sound source known as the
Low Impact Seismic Source-Tuned
Pulse Source (LISS–TPS). These trials
will be conducted using only the LISS–
TPS sound source, covering portions of
approximately 45 lease blocks centered
around Lease Block AC 690 in Shell’s
Leopard development area. Please see
Shell’s application for additional detail.
The LISS–TPS source was not
included in the acoustic exposure
modeling developed in support of the
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rule. However, our rule anticipated the
possibility of new and unusual
technologies (NUT) and determined
they would be evaluated on a case-by
case basis (86 FR 5322, 5442; January
19, 2021).
The LISS–TPS source operates on the
same basic principles as a traditional
airgun source in that it uses compressed
air to create a bubble in the water
column which then goes through a
series of collapses and expansions
creating primarily low-frequency
sounds. The difference between the two
sources is that the LISS–TPS source
releases a larger volume of air (the
LISS–TPS source has a volume of
26,500 in3, whereas the standard airgun
array used in the acoustic exposure
modeling supporting the rule has a total
volume of 8,000 in3), but at lower
pressure (the LISS–TPS source operates
at 1,000 pounds per square inch (psi),
whereas traditional airguns are typically
operated at 2,000 psi). This creates a
larger bubble resulting in more of the
energy being concentrated in lowfrequencies. The release of the air is also
‘‘tuned’’ so that the primary signal has
an extended rise time and lower peak
pressure level than that of a traditional
airgun array source.
The LISS–TPS source produces more
sound at lower frequencies
(approximately 3–7 Hz) compared to an
airgun source, while producing much
less sound (lower decibel levels) at
frequencies above 7 Hz, meaning that
the source produces significantly
reduced energy at frequencies used by
marine mammals for hearing and
communication. This means that even
for species in the low-frequency hearing
group (mysticete whales) most affected
by seismic survey sounds, the LISS–TPS
source is expected to have less impact
than a traditional airgun array in terms
of overlap with frequencies the species
use. Potential impacts on mid- and highfrequency hearing groups will be
reduced even more.
Besides producing less energy in
frequencies used by marine mammals,
the LISS–TPS source produces sounds
with overall lower energy at the source.
Test data for the actual source planned
for use in these trials were obtained at
a quarry, showing that the LISS–TPS
source produces significantly less
output than a traditional airgun array at
all frequencies above 5 Hz. For example,
the LISS–TPS source level (at the
typical reference distance of 1 m) has a
peak sound pressure level (SPLpeak) of
236 dB and a single-shot sound
exposure level (SEL) of 220 dB. These
measured levels are 19 dB and 12 dB
less than the modeled SPLpeak and SEL
source levels, respectively, for the
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8,000-in3 airgun array used in the
acoustic exposure modeling (source
level = 255 dB SPLpeak; 232 dB SEL). For
every 6-dB reduction in source level, the
approximate distance to the same
threshold level would be cut in half,
meaning that there would be more than
an 8-fold reduction in distance to
SPLpeak thresholds. There would also be
a significant reduction in the likelihood
that auditory injury could result from
the accumulation of energy (which is
expected to dictate occurrence of injury
for low-frequency cetaceans, though
they are not expected to occur in the
area of this planned survey). The much
lower peak sound pressure levels near
the source and extended rise time
reduce the potential for auditory injury
(Level A harassment) for all marine
mammal species, since these are the two
main physical characteristics of
impulsive sounds that are considered
most injurious.
The LISS–TPS source produces a 33
dB lower root-mean-square SPL
(SPLrms), compared with estimates for a
commonly used 5,110-in 3 airgun array.
Thus, a reduction in the source level of
33 dB would result in distances to
SPLrms Level B harassment thresholds
being less than 1/32 of the airgun array.
These factors lead to a conclusion that
take by Level B harassment associated
with use of the LISS–TPS source would
be less than would occur for a similar
survey instead using the modeled airgun
array as a sound source, and that use of
the LISS–TPS source results in lower
potential for the occurrence of Level A
harassment than does use of the
modeled airgun array. Based on the
foregoing, we have determined there
will be no effects of a magnitude or
intensity different from those evaluated
in support of the rule. Moreover, use of
modeling results relating to use of the
72 element, 8,000 in 3 airgun array are
expected to be significantly conservative
as a proxy for use in evaluating
potential impacts of use of the LISS–
TPS source.
(We also note that for this LISS–TPS
source, BOEM determined that
Endangered Species Act (ESA) section 7
step-down review of the LISS–TPS
source was required under NMFS’ 2020
Biological Opinion on the Federally
Regulated Oil and Gas Program
Activities in the Gulf of Mexico. This
step-down review was conducted in
association with modification of
BOEM’s Permit L20–012. NMFS’ ESA
Interagency Consultation Division
requested and received an analysis from
BOEM that considered the effects
associated with the LISS–TPS source.
As a result of this review, NMFS
determined that use of the source is
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unlikely to result in additional effects
beyond those previously considered in
the 2020 Biological Opinion.)
Consistent with the preamble to the
final rule, the survey effort proposed by
Shell in its LOA request was used to
develop LOA-specific take estimates
based on the acoustic exposure
modeling results described in the
preamble (86 FR 5322, 5398; January 19,
2021). In order to generate the
appropriate take number for
authorization, the following information
was considered: (1) Survey type; (2)
location (by modeling zone 1); (3)
number of days; and (4) season.2 The
acoustic exposure modeling performed
in support of the rule provides 24-hour
exposure estimates for each species,
specific to each modeled survey type in
each zone and season.
3D NAZ was used as the most suitable
proxy for survey type based on the
survey design and similarities to the
general 3D NAZ survey geometry.
Although this planned survey would
only use a single source vessel,
compared with the two source vessels
assumed in modeling 3D NAZ surveys,
the planned line spacing is most
comparable to 3D NAZ. Please see
summary descriptions of modeled
survey geometries in the preamble to the
proposed rule (83 FR 29212, 29220; June
22, 2018). Take numbers authorized
through the LOA are considered very
conservative due to differences in both
the sound source and the survey
geometry planned by Shell, as compared
to those modeled for the rule.
The survey is planned to occur for 20
days, with 8 days occurring in Zone 6
and 12 days in Zone 7. The season is
defined as summer. Note that Rice’s
(formerly Bryde’s) whales 3 are assumed
to not be present in Zone 6 (see 83 FR
29212, 29253; June 22, 2018), and no
take of Rice’s whale is authorized
through this LOA. Note that use of the
modeling results indicates that no take
of Rice’s whale would occur in Zone 7.
For some species, take estimates
based solely on the modeling yielded
results that are not realistically likely to
occur when considered in light of other
relevant information available during
the rulemaking process regarding
marine mammal occurrence in the
GOM. Thus, although the modeling
1 For purposes of acoustic exposure modeling, the
GOM was divided into seven zones. Zone 1 is not
included in the geographic scope of the rule.
2 For purposes of acoustic exposure modeling,
seasons include Winter (December–March) and
Summer (April–November).
3 The final rule refers to the GOM Bryde’s whale
(Balaenoptera edeni). These whales were
subsequently described as a new species, Rice’s
whale (Balaenoptera ricei) (Rosel et al., 2021).
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conducted for the rule is a natural
starting point for estimating take, our
rule acknowledged that other
information could be considered (see,
e.g., 86 FR 5322, 5442 (January 19,
2021), discussing the need to provide
flexibility and make efficient use of
previous public and agency review of
other information and identifying that
additional public review is not
necessary unless the model or inputs
used differ substantively from those that
were previously reviewed by NMFS and
the public). For this survey, NMFS has
other relevant information reviewed
during the rulemaking that indicates use
of the acoustic exposure modeling to
generate a take estimate for certain
marine mammal species produces
results inconsistent with what is known
regarding their occurrence in the GOM.
Accordingly, we have adjusted the
calculated take estimates as described
below.
Killer whales are the most rarely
encountered species in the GOM,
typically in deep waters of the central
GOM (Roberts et al., 2015; Maze-Foley
and Mullin, 2006). The approach used
in the acoustic exposure modeling, in
which seven modeling zones were
defined over the U.S. GOM, necessarily
averages fine-scale information about
marine mammal distribution over the
large area of each modeling zone. NMFS
has determined that the approach
results in unrealistic projections
regarding the likelihood of encountering
killer whales.
As discussed in the final rule, the
density models produced by Roberts et
al. (2016) provide the best available
scientific information regarding
predicted density patterns of cetaceans
in the U.S. GOM. The predictions
represent the output of models derived
from multi-year observations and
associated environmental parameters
that incorporate corrections for
detection bias. However, in the case of
killer whales, the model is informed by
few data, as indicated by the coefficient
of variation associated with the
abundance predicted by the model
(0.41, the second-highest of any GOM
species model; Roberts et al., 2016). The
model’s authors noted the expected
non-uniform distribution of this rarelyencountered species (as discussed
above) and expressed that, due to the
limited data available to inform the
model, it ‘‘should be viewed cautiously’’
(Roberts et al., 2015).
NOAA surveys in the GOM from
1992–2009 reported only 16 sightings of
killer whales, with an additional three
encounters during more recent survey
effort from 2017–18 (Waring et al., 2013;
www.boem.gov/gommapps). Two other
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species were also observed on less than
20 occasions during the 1992–2009
NOAA surveys (Fraser’s dolphin and
false killer whale 4). However,
observational data collected by
protected species observers (PSOs) on
industry geophysical survey vessels
from 2002–2015 distinguish the killer
whale in terms of rarity. During this
period, killer whales were encountered
on only 10 occasions, whereas the next
most rarely encountered species
(Fraser’s dolphin) was recorded on 69
occasions (Barkaszi and Kelly, 2019).
The false killer whale and pygmy killer
whale were the next most rarely
encountered species, with 110 records
each. The killer whale was the species
with the lowest detection frequency
during each period over which PSO data
were synthesized (2002–2008 and 2009–
2015). This information qualitatively
informed our rulemaking process, as
discussed at 86 FR 5322, 5334 (January
19, 2021), and similarly informs our
analysis here.
The rarity of encounter during seismic
surveys is not likely to be the product
of high bias on the probability of
detection. Unlike certain cryptic species
with high detection bias, such as Kogia
spp. or beaked whales, or deep-diving
species with high availability bias, such
as beaked whales or sperm whales,
killer whales are typically available for
detection when present and are easily
observed. Roberts et al. (2015) stated
that availability is not a major factor
affecting detectability of killer whales
from shipboard surveys, as they are not
a particularly long-diving species. Baird
et al. (2005) reported that mean dive
durations for 41 fish-eating killer whales
for dives greater than or equal to 1
minute in duration was 2.3–2.4 minutes,
and Hooker et al. (2012) reported that
killer whales spent 78 percent of their
time at depths between 0–10 m.
Similarly, Kvadsheim et al. (2012)
reported data from a study of four killer
whales, noting that the whales
performed 20 times as many dives to 1–
30 m depth than to deeper waters, with
an average depth during those most
common dives of approximately 3 m.
In summary, killer whales are the
most rarely encountered species in the
GOM and typically occur only in
particularly deep water. While this
information is reflected through the
density model informing the acoustic
exposure modeling results, there is
relatively high uncertainty associated
with the model for this species, and the
acoustic exposure modeling applies
4 However, note that these species have been
observed over a greater range of water depths in the
GOM than have killer whales.
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mean distribution data over areas where
the species is in fact less likely to occur.
NMFS’ determination in reflection of
the data discussed above, which
informed the final rule, is that use of the
generic acoustic exposure modeling
results for killer whales would result in
high estimated take numbers that are
inconsistent with the assumptions made
in the rule regarding expected killer
whale take (86 FR 5322, 5403; January
19, 2021).
In past authorizations, NMFS has
often addressed situations involving the
low likelihood of encountering a rare
species such as killer whales in the
GOM through authorization of take of a
single group of average size (i.e.,
representing a single potential
encounter). See 83 FR 63268, December
7, 2018. See also 86 FR 29090, May 28,
2021; 85 FR 55645, September 9, 2020.
For the reasons expressed above, NMFS
determined that a single encounter of
killer whales is more likely than the
model-generated estimates and has
authorized take associated with a single
killer whale group encounter (i.e., up to
7 animals).
Based on the results of our analysis,
NMFS has determined that the level of
taking authorized through the LOA is
consistent with the findings made for
the total taking allowable under the
regulations. See Table 1 in this notice
and Table 9 of the rule (86 FR 5322;
January 19, 2021).
Small Numbers Determination
Under the GOM rule, NMFS may not
authorize incidental take of marine
mammals in an LOA if it will exceed
‘‘small numbers.’’ In short, when an
acceptable estimate of the individual
marine mammals taken is available, if
the estimated number of individual
animals taken is up to, but not greater
than, one-third of the best available
abundance estimate, NMFS will
determine that the numbers of marine
mammals taken of a species or stock are
small. For more information please see
NMFS’ discussion of the MMPA’s small
numbers requirement provided in the
final rule (86 FR 5322, 5438; January 19,
2021).
The take numbers for authorization
are determined as described above.
Subsequently, the total incidents of
harassment for each species are
multiplied by scalar ratios to produce a
derived product that better reflects the
number of individuals likely to be taken
within a survey (as compared to the
total number of instances of take),
accounting for the likelihood that some
individual marine mammals may be
taken on more than one day (see 86 FR
5322, 5404; January 19, 2021). The
output of this scaling, where
appropriate, is incorporated into an
adjusted total take estimate that is the
basis for NMFS’ small numbers
determination, as depicted in Table 1
for Shell’s 20-day survey.
This product is used by NMFS in
making the necessary small numbers
determination, through comparison
with the best available abundance
estimates (see discussion at 86 FR 5322,
5391; January 19, 2021). For this
comparison, NMFS’ approach is to use
the maximum theoretical population,
determined through review of current
stock abundance reports (SAR;
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). For the latter, for taxa
where a density surface model could be
produced, we use the maximum mean
seasonal (i.e., three-month) abundance
prediction for purposes of comparison
as a precautionary smoothing of monthto-month fluctuations and in
consideration of a corresponding lack of
data in the literature regarding seasonal
distribution of marine mammals in the
GOM. Information supporting the small
numbers determinations is provided in
Table 1.
TABLE 1—TAKE ANALYSIS
Authorized
take
Species
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Sperm whale ....................................................................................................
Kogia spp .........................................................................................................
Beaked whales ................................................................................................
Rough-toothed dolphin ....................................................................................
Bottlenose dolphin ...........................................................................................
Clymene dolphin ..............................................................................................
Atlantic spotted dolphin ...................................................................................
Pantropical spotted dolphin .............................................................................
Spinner dolphin ................................................................................................
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Melon-headed whale .......................................................................................
Pygmy killer whale ...........................................................................................
False killer whale .............................................................................................
Killer whale ......................................................................................................
Short-finned pilot whale ...................................................................................
Scaled take 1
347
146.8
33.1
201.0
77.5
146.7
287.3
61.1
1,419.5
43.6
99.6
35.9
53.1
162.8
49.9
65.5
n/a
63.7
3 107
1,990
270
511
1,001
213
4,946
4 152
347
125
180
552
169
222
7
216
Abundance 2
2,207
4,373
3,768
4,853
176,108
11,895
74,785
102,361
25,114
5,229
1,665
3,764
7,003
2,126
3,204
267
1,981
Percent
abundance
6.7
0.8
5.3
1.6
0.1
2.4
0.1
1.4
0.2
1.9
2.2
1.4
2.3
2.3
2.0
2.6
3.2
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used.
3 Includes 4 takes by Level A harassment and 103 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take.
4 Estimated take of 117 increased based on assumed average group size of 152 (Maze-Foley and Mullin, 2006).
Based on the analysis contained
herein of Shell’s proposed survey
activity described in its LOA
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application and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
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be taken relative to the affected species
or stock sizes and therefore is of no
more than small numbers.
E:\FR\FM\15JYN1.SGM
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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices
Authorization
Special Accommodations
NMFS has determined that the level
of taking for this LOA request is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOA is of no more than small numbers.
Accordingly, we have issued an LOA to
Shell authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Kathy Collins at the Council Office,
(302) 526–5253, at least 5 days prior to
the meeting date.
Dated: July 12, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 7, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–14782 Filed 7–14–21; 8:45 am]
BILLING CODE 3510–22–P
[FR Doc. 2021–15047 Filed 7–14–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
[RTID 0648–XB212]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
[RTID 0648–XB225]
Mid-Atlantic Fishery Management
Council (MAFMC); Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Mackerel, Squid,
and Butterfish (MSB) Monitoring
Committee will hold a public meeting.
DATES: The meeting will be held on
Monday, July 26, 2021; from 10 a.m. to
1 p.m. For agenda details, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held
via webinar. Webinar connection
information will be available at
www.mafmc.org/council-events.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of the meeting is for the MSB
Monitoring Committee to provide
recommendations regarding Atlantic
mackerel, potentially including: 2021/
2022 emergency action, future
specifications, and/or rebuilding plan
modifications and options.
VerDate Sep<11>2014
17:11 Jul 14, 2021
Jkt 253001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Chevron U.S.A. Inc. (Chevron) for the
take of marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico.
DATES: The LOA is effective from
August 1, 2021, through June 1, 2022.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: www.fisheries.noaa.gov/
action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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37313
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
On January 19, 2021, we issued a final
rule with regulations to govern the
unintentional taking of marine
mammals incidental to geophysical
survey activities conducted by oil and
gas industry operators, and those
persons authorized to conduct activities
on their behalf (collectively ‘‘industry
operators’’), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the
course of 5 years (86 FR 5322; January
19, 2021). The rule was based on our
findings that the total taking from the
specified activities over the 5-year
period will have a negligible impact on
the affected species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on the
availability of those species or stocks for
subsistence uses. The rule became
effective on April 19, 2021.
E:\FR\FM\15JYN1.SGM
15JYN1
]]>Agencies
[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37309-37313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15047]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB222]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico, notification is hereby given
that a Letter of Authorization (LOA) has been issued to Shell Offshore
Inc. (Shell) for the take of marine mammals incidental to geophysical
survey activity in the Gulf of Mexico.
DATES: The LOA is effective from July 15, 2021, through August 15,
2021.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Except with respect to certain activities not pertinent here, the
MMPA
[[Page 37310]]
defines ``harassment'' as: Any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine mammal or marine mammal
stock in the wild (Level A harassment); or (ii) has the potential to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering (Level
B harassment).
On January 19, 2021, we issued a final rule with regulations to
govern the unintentional taking of marine mammals incidental to
geophysical survey activities conducted by oil and gas industry
operators, and those persons authorized to conduct activities on their
behalf (collectively ``industry operators''), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the course of 5 years (86 FR 5322;
January 19, 2021). The rule was based on our findings that the total
taking from the specified activities over the 5-year period will have a
negligible impact on the affected species or stock(s) of marine mammals
and will not have an unmitigable adverse impact on the availability of
those species or stocks for subsistence uses. The rule became effective
on April 19, 2021.
Our regulations at 50 CFR 217.180 et seq. allow for the issuance of
LOAs to industry operators for the incidental take of marine mammals
during geophysical survey activities and prescribe the permissible
methods of taking and other means of effecting the least practicable
adverse impact on marine mammal species or stocks and their habitat
(often referred to as mitigation), as well as requirements pertaining
to the monitoring and reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be based on a determination that
the level of taking will be consistent with the findings made for the
total taking allowable under these regulations and a determination that
the amount of take authorized under the LOA is of no more than small
numbers.
Summary of Request and Analysis
Shell plans to conduct sea trials of an alternative sound source
known as the Low Impact Seismic Source-Tuned Pulse Source (LISS-TPS).
These trials will be conducted using only the LISS-TPS sound source,
covering portions of approximately 45 lease blocks centered around
Lease Block AC 690 in Shell's Leopard development area. Please see
Shell's application for additional detail.
The LISS-TPS source was not included in the acoustic exposure
modeling developed in support of the rule. However, our rule
anticipated the possibility of new and unusual technologies (NUT) and
determined they would be evaluated on a case-by case basis (86 FR 5322,
5442; January 19, 2021).
The LISS-TPS source operates on the same basic principles as a
traditional airgun source in that it uses compressed air to create a
bubble in the water column which then goes through a series of
collapses and expansions creating primarily low-frequency sounds. The
difference between the two sources is that the LISS-TPS source releases
a larger volume of air (the LISS-TPS source has a volume of 26,500
in\3\, whereas the standard airgun array used in the acoustic exposure
modeling supporting the rule has a total volume of 8,000 in\3\), but at
lower pressure (the LISS-TPS source operates at 1,000 pounds per square
inch (psi), whereas traditional airguns are typically operated at 2,000
psi). This creates a larger bubble resulting in more of the energy
being concentrated in low-frequencies. The release of the air is also
``tuned'' so that the primary signal has an extended rise time and
lower peak pressure level than that of a traditional airgun array
source.
The LISS-TPS source produces more sound at lower frequencies
(approximately 3-7 Hz) compared to an airgun source, while producing
much less sound (lower decibel levels) at frequencies above 7 Hz,
meaning that the source produces significantly reduced energy at
frequencies used by marine mammals for hearing and communication. This
means that even for species in the low-frequency hearing group
(mysticete whales) most affected by seismic survey sounds, the LISS-TPS
source is expected to have less impact than a traditional airgun array
in terms of overlap with frequencies the species use. Potential impacts
on mid- and high-frequency hearing groups will be reduced even more.
Besides producing less energy in frequencies used by marine
mammals, the LISS-TPS source produces sounds with overall lower energy
at the source. Test data for the actual source planned for use in these
trials were obtained at a quarry, showing that the LISS-TPS source
produces significantly less output than a traditional airgun array at
all frequencies above 5 Hz. For example, the LISS-TPS source level (at
the typical reference distance of 1 m) has a peak sound pressure level
(SPLpeak) of 236 dB and a single-shot sound exposure level
(SEL) of 220 dB. These measured levels are 19 dB and 12 dB less than
the modeled SPLpeak and SEL source levels, respectively, for
the 8,000-in\3\ airgun array used in the acoustic exposure modeling
(source level = 255 dB SPLpeak; 232 dB SEL). For every 6-dB
reduction in source level, the approximate distance to the same
threshold level would be cut in half, meaning that there would be more
than an 8-fold reduction in distance to SPLpeak thresholds.
There would also be a significant reduction in the likelihood that
auditory injury could result from the accumulation of energy (which is
expected to dictate occurrence of injury for low-frequency cetaceans,
though they are not expected to occur in the area of this planned
survey). The much lower peak sound pressure levels near the source and
extended rise time reduce the potential for auditory injury (Level A
harassment) for all marine mammal species, since these are the two main
physical characteristics of impulsive sounds that are considered most
injurious.
The LISS-TPS source produces a 33 dB lower root-mean-square SPL
(SPLrms), compared with estimates for a commonly used 5,110-
in \3\ airgun array. Thus, a reduction in the source level of 33 dB
would result in distances to SPLrms Level B harassment
thresholds being less than 1/32 of the airgun array. These factors lead
to a conclusion that take by Level B harassment associated with use of
the LISS-TPS source would be less than would occur for a similar survey
instead using the modeled airgun array as a sound source, and that use
of the LISS-TPS source results in lower potential for the occurrence of
Level A harassment than does use of the modeled airgun array. Based on
the foregoing, we have determined there will be no effects of a
magnitude or intensity different from those evaluated in support of the
rule. Moreover, use of modeling results relating to use of the 72
element, 8,000 in \3\ airgun array are expected to be significantly
conservative as a proxy for use in evaluating potential impacts of use
of the LISS-TPS source.
(We also note that for this LISS-TPS source, BOEM determined that
Endangered Species Act (ESA) section 7 step-down review of the LISS-TPS
source was required under NMFS' 2020 Biological Opinion on the
Federally Regulated Oil and Gas Program Activities in the Gulf of
Mexico. This step-down review was conducted in association with
modification of BOEM's Permit L20-012. NMFS' ESA Interagency
Consultation Division requested and received an analysis from BOEM that
considered the effects associated with the LISS-TPS source. As a result
of this review, NMFS determined that use of the source is
[[Page 37311]]
unlikely to result in additional effects beyond those previously
considered in the 2020 Biological Opinion.)
Consistent with the preamble to the final rule, the survey effort
proposed by Shell in its LOA request was used to develop LOA-specific
take estimates based on the acoustic exposure modeling results
described in the preamble (86 FR 5322, 5398; January 19, 2021). In
order to generate the appropriate take number for authorization, the
following information was considered: (1) Survey type; (2) location (by
modeling zone \1\); (3) number of days; and (4) season.\2\ The acoustic
exposure modeling performed in support of the rule provides 24-hour
exposure estimates for each species, specific to each modeled survey
type in each zone and season.
---------------------------------------------------------------------------
\1\ For purposes of acoustic exposure modeling, the GOM was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\2\ For purposes of acoustic exposure modeling, seasons include
Winter (December-March) and Summer (April-November).
---------------------------------------------------------------------------
3D NAZ was used as the most suitable proxy for survey type based on
the survey design and similarities to the general 3D NAZ survey
geometry. Although this planned survey would only use a single source
vessel, compared with the two source vessels assumed in modeling 3D NAZ
surveys, the planned line spacing is most comparable to 3D NAZ. Please
see summary descriptions of modeled survey geometries in the preamble
to the proposed rule (83 FR 29212, 29220; June 22, 2018). Take numbers
authorized through the LOA are considered very conservative due to
differences in both the sound source and the survey geometry planned by
Shell, as compared to those modeled for the rule.
The survey is planned to occur for 20 days, with 8 days occurring
in Zone 6 and 12 days in Zone 7. The season is defined as summer. Note
that Rice's (formerly Bryde's) whales \3\ are assumed to not be present
in Zone 6 (see 83 FR 29212, 29253; June 22, 2018), and no take of
Rice's whale is authorized through this LOA. Note that use of the
modeling results indicates that no take of Rice's whale would occur in
Zone 7.
---------------------------------------------------------------------------
\3\ The final rule refers to the GOM Bryde's whale (Balaenoptera
edeni). These whales were subsequently described as a new species,
Rice's whale (Balaenoptera ricei) (Rosel et al., 2021).
---------------------------------------------------------------------------
For some species, take estimates based solely on the modeling
yielded results that are not realistically likely to occur when
considered in light of other relevant information available during the
rulemaking process regarding marine mammal occurrence in the GOM. Thus,
although the modeling conducted for the rule is a natural starting
point for estimating take, our rule acknowledged that other information
could be considered (see, e.g., 86 FR 5322, 5442 (January 19, 2021),
discussing the need to provide flexibility and make efficient use of
previous public and agency review of other information and identifying
that additional public review is not necessary unless the model or
inputs used differ substantively from those that were previously
reviewed by NMFS and the public). For this survey, NMFS has other
relevant information reviewed during the rulemaking that indicates use
of the acoustic exposure modeling to generate a take estimate for
certain marine mammal species produces results inconsistent with what
is known regarding their occurrence in the GOM. Accordingly, we have
adjusted the calculated take estimates as described below.
Killer whales are the most rarely encountered species in the GOM,
typically in deep waters of the central GOM (Roberts et al., 2015;
Maze-Foley and Mullin, 2006). The approach used in the acoustic
exposure modeling, in which seven modeling zones were defined over the
U.S. GOM, necessarily averages fine-scale information about marine
mammal distribution over the large area of each modeling zone. NMFS has
determined that the approach results in unrealistic projections
regarding the likelihood of encountering killer whales.
As discussed in the final rule, the density models produced by
Roberts et al. (2016) provide the best available scientific information
regarding predicted density patterns of cetaceans in the U.S. GOM. The
predictions represent the output of models derived from multi-year
observations and associated environmental parameters that incorporate
corrections for detection bias. However, in the case of killer whales,
the model is informed by few data, as indicated by the coefficient of
variation associated with the abundance predicted by the model (0.41,
the second-highest of any GOM species model; Roberts et al., 2016). The
model's authors noted the expected non-uniform distribution of this
rarely-encountered species (as discussed above) and expressed that, due
to the limited data available to inform the model, it ``should be
viewed cautiously'' (Roberts et al., 2015).
NOAA surveys in the GOM from 1992-2009 reported only 16 sightings
of killer whales, with an additional three encounters during more
recent survey effort from 2017-18 (Waring et al., 2013; www.boem.gov/gommapps). Two other species were also observed on less than 20
occasions during the 1992-2009 NOAA surveys (Fraser's dolphin and false
killer whale \4\). However, observational data collected by protected
species observers (PSOs) on industry geophysical survey vessels from
2002-2015 distinguish the killer whale in terms of rarity. During this
period, killer whales were encountered on only 10 occasions, whereas
the next most rarely encountered species (Fraser's dolphin) was
recorded on 69 occasions (Barkaszi and Kelly, 2019). The false killer
whale and pygmy killer whale were the next most rarely encountered
species, with 110 records each. The killer whale was the species with
the lowest detection frequency during each period over which PSO data
were synthesized (2002-2008 and 2009-2015). This information
qualitatively informed our rulemaking process, as discussed at 86 FR
5322, 5334 (January 19, 2021), and similarly informs our analysis here.
---------------------------------------------------------------------------
\4\ However, note that these species have been observed over a
greater range of water depths in the GOM than have killer whales.
---------------------------------------------------------------------------
The rarity of encounter during seismic surveys is not likely to be
the product of high bias on the probability of detection. Unlike
certain cryptic species with high detection bias, such as Kogia spp. or
beaked whales, or deep-diving species with high availability bias, such
as beaked whales or sperm whales, killer whales are typically available
for detection when present and are easily observed. Roberts et al.
(2015) stated that availability is not a major factor affecting
detectability of killer whales from shipboard surveys, as they are not
a particularly long-diving species. Baird et al. (2005) reported that
mean dive durations for 41 fish-eating killer whales for dives greater
than or equal to 1 minute in duration was 2.3-2.4 minutes, and Hooker
et al. (2012) reported that killer whales spent 78 percent of their
time at depths between 0-10 m. Similarly, Kvadsheim et al. (2012)
reported data from a study of four killer whales, noting that the
whales performed 20 times as many dives to 1-30 m depth than to deeper
waters, with an average depth during those most common dives of
approximately 3 m.
In summary, killer whales are the most rarely encountered species
in the GOM and typically occur only in particularly deep water. While
this information is reflected through the density model informing the
acoustic exposure modeling results, there is relatively high
uncertainty associated with the model for this species, and the
acoustic exposure modeling applies
[[Page 37312]]
mean distribution data over areas where the species is in fact less
likely to occur. NMFS' determination in reflection of the data
discussed above, which informed the final rule, is that use of the
generic acoustic exposure modeling results for killer whales would
result in high estimated take numbers that are inconsistent with the
assumptions made in the rule regarding expected killer whale take (86
FR 5322, 5403; January 19, 2021).
In past authorizations, NMFS has often addressed situations
involving the low likelihood of encountering a rare species such as
killer whales in the GOM through authorization of take of a single
group of average size (i.e., representing a single potential
encounter). See 83 FR 63268, December 7, 2018. See also 86 FR 29090,
May 28, 2021; 85 FR 55645, September 9, 2020. For the reasons expressed
above, NMFS determined that a single encounter of killer whales is more
likely than the model-generated estimates and has authorized take
associated with a single killer whale group encounter (i.e., up to 7
animals).
Based on the results of our analysis, NMFS has determined that the
level of taking authorized through the LOA is consistent with the
findings made for the total taking allowable under the regulations. See
Table 1 in this notice and Table 9 of the rule (86 FR 5322; January 19,
2021).
Small Numbers Determination
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small. For more information please see NMFS'
discussion of the MMPA's small numbers requirement provided in the
final rule (86 FR 5322, 5438; January 19, 2021).
The take numbers for authorization are determined as described
above. Subsequently, the total incidents of harassment for each species
are multiplied by scalar ratios to produce a derived product that
better reflects the number of individuals likely to be taken within a
survey (as compared to the total number of instances of take),
accounting for the likelihood that some individual marine mammals may
be taken on more than one day (see 86 FR 5322, 5404; January 19, 2021).
The output of this scaling, where appropriate, is incorporated into an
adjusted total take estimate that is the basis for NMFS' small numbers
determination, as depicted in Table 1 for Shell's 20-day survey.
This product is used by NMFS in making the necessary small numbers
determination, through comparison with the best available abundance
estimates (see discussion at 86 FR 5322, 5391; January 19, 2021). For
this comparison, NMFS' approach is to use the maximum theoretical
population, determined through review of current stock abundance
reports (SAR; www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and model-predicted abundance
information (https://seamap.env.duke.edu/models/Duke/GOM/). For the
latter, for taxa where a density surface model could be produced, we
use the maximum mean seasonal (i.e., three-month) abundance prediction
for purposes of comparison as a precautionary smoothing of month-to-
month fluctuations and in consideration of a corresponding lack of data
in the literature regarding seasonal distribution of marine mammals in
the GOM. Information supporting the small numbers determinations is
provided in Table 1.
Table 1--Take Analysis
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Sperm whale..................................... 347 146.8 2,207 6.7
Kogia spp....................................... \3\ 107 33.1 4,373 0.8
Beaked whales................................... 1,990 201.0 3,768 5.3
Rough-toothed dolphin........................... 270 77.5 4,853 1.6
Bottlenose dolphin.............................. 511 146.7 176,108 0.1
Clymene dolphin................................. 1,001 287.3 11,895 2.4
Atlantic spotted dolphin........................ 213 61.1 74,785 0.1
Pantropical spotted dolphin..................... 4,946 1,419.5 102,361 1.4
Spinner dolphin................................. \4\ 152 43.6 25,114 0.2
Striped dolphin................................. 347 99.6 5,229 1.9
Fraser's dolphin................................ 125 35.9 1,665 2.2
Risso's dolphin................................. 180 53.1 3,764 1.4
Melon-headed whale.............................. 552 162.8 7,003 2.3
Pygmy killer whale.............................. 169 49.9 2,126 2.3
False killer whale.............................. 222 65.5 3,204 2.0
Killer whale.................................... 7 n/a 267 2.6
Short-finned pilot whale........................ 216 63.7 1,981 3.2
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Roberts et al., 2016). For those taxa where
a density surface model predicting abundance by month was produced, the maximum mean seasonal abundance was
used. For those taxa where abundance is not predicted by month, only mean annual abundance is available. For
the killer whale, the larger estimated SAR abundance estimate is used.
\3\ Includes 4 takes by Level A harassment and 103 takes by Level B harassment. Scalar ratio is applied to takes
by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take plus
authorized Level A harassment take.
\4\ Estimated take of 117 increased based on assumed average group size of 152 (Maze-Foley and Mullin, 2006).
Based on the analysis contained herein of Shell's proposed survey
activity described in its LOA application and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals will be
taken relative to the affected species or stock sizes and therefore is
of no more than small numbers.
[[Page 37313]]
Authorization
NMFS has determined that the level of taking for this LOA request
is consistent with the findings made for the total taking allowable
under the incidental take regulations and that the amount of take
authorized under the LOA is of no more than small numbers. Accordingly,
we have issued an LOA to Shell authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: July 12, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-15047 Filed 7-14-21; 8:45 am]
BILLING CODE 3510-22-P
