Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 38022-38025 [2021-15239]
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
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 2 annual takes by Level A harassment and 77 annual takes by Level B harassment.
Based on the analysis contained
herein of bp’s proposed survey activity
described in its LOA applications 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 (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
Authorization
NMFS has determined that the level
of taking for these LOA requests 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
LOAs is of no more than small numbers.
Accordingly, we have issued two LOAs
to bp authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: July 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–15241 Filed 7–16–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB243]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Salmon Technical Team (STT) will host
an online meeting that is open to the
public.
SUMMARY:
The online meeting will be held
Tuesday, August 3, 2021, from 9 a.m.
until 5 p.m., Pacific Daylight Time, or
until business for the day has been
completed.
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DATES:
This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
ADDRESSES:
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announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Ms.
Robin Ehlke, Staff Officer, Pacific
Council; telephone: (503) 820–2410.
The
purpose of the meeting will be to
discuss the NMFS rule to implement
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA) that require all fishery
management plans (FMPs) to establish a
standardized bycatch reporting
methodology (SBRM) to assess the
amount and type of bycatch occurring in
a fishery. The STT will focus on the
Pacific salmon FMP and develop, as
needed, potential SBRM language to
meet the NMFS requirement. The STT
may also discuss and prepare for future
STT meetings and future meetings with
the Pacific Council and its advisory
bodies, including, but not limited to,
such topics as the annual salmon
methodology review and technical
material from the Pacific Council’s AdHoc Southern Oregon/Northern
California Coast coho workgroup.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
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Dated: July 13, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–15225 Filed 7–16–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB252]
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.
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 April 30, 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:
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
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
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.
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
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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
Chevron plans to conduct a zero offset
vertical seismic profile (VSP) survey of
Lease Block 822 in the Green Canyon
area. See Section J of Chevron’s
application for a map. Chevron plans to
use either an airgun array consisting of
12 elements, with a total volume of
2,400 cubic inches (in3), or a 6-element
array with total volume of 1,500 in3.
Please see Chevron’s application for
additional detail.
Consistent with the preamble to the
final rule, the survey effort proposed by
Chevron 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.
No VSP surveys were included in the
modeled survey types, and use of
existing proxies (i.e., 2D, 3D NAZ, 3D
WAZ, Coil) is generally conservative for
use in evaluation of VSP survey effort.
Summary descriptions of these modeled
survey geometries are available in the
preamble to the proposed rule (83 FR
29212, 29220; June 22, 2018). Zero offset
VSP surveys are significantly different
from modeled survey geometries, in that
they are conducted from a stationary or
near-stationary deployment very close
to an active drilling platform. For this
survey, the seismic source array will be
deployed from a drilling rig at or near
the borehole, with the seismic receivers
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).
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38023
(i.e., geophones) deployed in the
borehole on wireline at specified depth
intervals. Use of the 2D proxy for zero
offset VSP surveys is expected to be
significantly conservative. In addition,
all available acoustic exposure modeling
results assume use of a 72 element,
8,000 in3 array. In this case, take
numbers authorized through the LOA
are considered very conservative (i.e.,
they likely overestimate take) due to
differences in both the airgun array and
the survey geometry planned by
Chevron, as compared to those modeled
for the rule.
The survey is planned to occur for 2
days in Zone 5. The season is not
known in advance. Therefore, the take
estimates for each species are based on
the season that has the greater value for
the species (i.e., winter or summer).
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 for those
species 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.
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
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
species were also observed on fewer
than 20 occasions during the 1992–2009
NOAA surveys (Fraser’s dolphin and
false killer whale 3). 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 1–30
m in 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
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 will generally
result in 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 this case, use of
the acoustic exposure modeling
produces an estimate of one killer whale
exposure. Given the foregoing, it is
unlikely that even one killer whale
would be encountered during this 2-day
survey, and accordingly no take of killer
whales is authorized through this LOA.
Based on the results of our analysis,
NMFS has determined that the level of
taking expected for this survey and
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,
which are determined as described
above, are used by NMFS in making the
necessary small numbers
determinations, 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., 3-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.
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TABLE 1—TAKE ANALYSIS
Authorized
take 1
Species
Rice’s whale 3 ..............................................................................................................................
Sperm whale ................................................................................................................................
0
71
3 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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Abundance 2
51
2,207
Percent
abundance
n/a
3.2
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
TABLE 1—TAKE ANALYSIS—Continued
Authorized
take 1
Species
4 27
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 ...............................................................................................................
378
45
259
152
98
688
184
59
5 65
46
6 100
20
31
0
28
Abundance 2
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
0.6
10.0
0.9
0.1
1.3
0.1
0.7
0.7
1.1
3.9
1.2
1.4
0.9
1.0
n/a
1.4
1 Scalar
ratios were not applied in this case due to brief survey duration.
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 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).
4 Includes 1 take by Level A harassment and 26 takes by Level B harassment.
5 Modeled take of 17 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
6 Modeled take of 97 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
2 Best
Based on the analysis contained
herein of Chevron’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 (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
DEPARTMENT OF COMMERCE
Authorization
AGENCY:
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
Chevron authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: July 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
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BILLING CODE 3510–22–P
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National Oceanic and Atmospheric
Administration
[RTID 0648–XB149]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Service Pier
Extension Project at Naval Base Kitsap
Bangor, Washington
renewal requirements have been
satisfied, and NMFS is now providing
an additional 15-day comment period to
allow for any additional comments on
the proposed renewal not previously
provided during the initial 30-day
comment period.
Comments and information must
be received no later than August 3,
2021.
DATES:
Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Written
comments should be submitted via
email to ITP.Potlock@noaa.gov.
Instructions: NMFS is not responsible
SUMMARY: NMFS received a request from for comments sent by any other method,
to any other address or individual, or
the United States Navy (Navy) for the
received after the end of the comment
renewal of their currently active
period. Comments, including all
incidental harassment authorization
attachments, must not exceed a 25(IHA) to take marine mammals
megabyte file size. Attachments to
incidental to the Service Pier Extension
comments will be accepted in Microsoft
(SPE) Project at Naval Base Kitsap
Word or Excel or Adobe PDF file
Bangor in Silverdale, Washington.
formats only. All comments received are
These activities are identical with
a part of the public record and will
activities that were covered by the
generally be posted online at https://
current authorization, but will not be
www.fisheries.noaa.gov/permit/
completed prior to its expiration.
incidental-take-authorizations-underPursuant to the Marine Mammal
marine-mammal-protection-act without
Protection Act, prior to issuing the
change. All personal identifying
currently active IHA, NMFS requested
information (e.g., name, address)
comments on both the proposed IHA
voluntarily submitted by the commenter
and the potential for renewing the
may be publicly accessible. Do not
initial authorization if certain
submit confidential business
requirements were satisfied. The
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments on
proposed renewal incidental harassment
authorization.
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ADDRESSES:
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]]>Agencies
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38022-38025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15239]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB252]
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.
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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 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 April 30,
2022.
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
[[Page 38023]]
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.
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
Chevron plans to conduct a zero offset vertical seismic profile
(VSP) survey of Lease Block 822 in the Green Canyon area. See Section J
of Chevron's application for a map. Chevron plans to use either an
airgun array consisting of 12 elements, with a total volume of 2,400
cubic inches (in\3\), or a 6-element array with total volume of 1,500
in\3\. Please see Chevron's application for additional detail.
Consistent with the preamble to the final rule, the survey effort
proposed by Chevron 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.
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\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).
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No VSP surveys were included in the modeled survey types, and use
of existing proxies (i.e., 2D, 3D NAZ, 3D WAZ, Coil) is generally
conservative for use in evaluation of VSP survey effort. Summary
descriptions of these modeled survey geometries are available in the
preamble to the proposed rule (83 FR 29212, 29220; June 22, 2018). Zero
offset VSP surveys are significantly different from modeled survey
geometries, in that they are conducted from a stationary or near-
stationary deployment very close to an active drilling platform. For
this survey, the seismic source array will be deployed from a drilling
rig at or near the borehole, with the seismic receivers (i.e.,
geophones) deployed in the borehole on wireline at specified depth
intervals. Use of the 2D proxy for zero offset VSP surveys is expected
to be significantly conservative. In addition, all available acoustic
exposure modeling results assume use of a 72 element, 8,000 in\3\
array. In this case, take numbers authorized through the LOA are
considered very conservative (i.e., they likely overestimate take) due
to differences in both the airgun array and the survey geometry planned
by Chevron, as compared to those modeled for the rule.
The survey is planned to occur for 2 days in Zone 5. The season is
not known in advance. Therefore, the take estimates for each species
are based on the season that has the greater value for the species
(i.e., winter or summer).
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 for those species 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.
[[Page 38024]]
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 fewer than 20
occasions during the 1992-2009 NOAA surveys (Fraser's dolphin and false
killer whale \3\). 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.
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\3\ 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 1-30 m in 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 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 will generally result in 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 this case,
use of the acoustic exposure modeling produces an estimate of one
killer whale exposure. Given the foregoing, it is unlikely that even
one killer whale would be encountered during this 2-day survey, and
accordingly no take of killer whales is authorized through this LOA.
Based on the results of our analysis, NMFS has determined that the
level of taking expected for this survey and 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, which are determined as
described above, are used by NMFS in making the necessary small numbers
determinations, 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., 3-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 Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale \3\................................................ 0 51 n/a
Sperm whale..................................................... 71 2,207 3.2
[[Page 38025]]
Kogia spp....................................................... \4\ 27 4,373 0.6
Beaked whales................................................... 378 3,768 10.0
Rough-toothed dolphin........................................... 45 4,853 0.9
Bottlenose dolphin.............................................. 259 176,108 0.1
Clymene dolphin................................................. 152 11,895 1.3
Atlantic spotted dolphin........................................ 98 74,785 0.1
Pantropical spotted dolphin..................................... 688 102,361 0.7
Spinner dolphin................................................. 184 25,114 0.7
Striped dolphin................................................. 59 5,229 1.1
Fraser's dolphin................................................ \5\ 65 1,665 3.9
Risso's dolphin................................................. 46 3,764 1.2
Melon-headed whale.............................................. \6\ 100 7,003 1.4
Pygmy killer whale.............................................. 20 2,126 0.9
False killer whale.............................................. 31 3,204 1.0
Killer whale.................................................... 0 267 n/a
Short-finned pilot whale........................................ 28 1,981 1.4
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\1\ Scalar ratios were not applied in this case due to brief survey duration.
\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\ 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).
\4\ Includes 1 take by Level A harassment and 26 takes by Level B harassment.
\5\ Modeled take of 17 increased to account for potential encounter with group of average size (Maze-Foley and
Mullin, 2006).
\6\ Modeled take of 97 increased to account for potential encounter with group of average size (Maze-Foley and
Mullin, 2006).
Based on the analysis contained herein of Chevron'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 (i.e., less than
one-third of the best available abundance estimate) and therefore the
taking is of no more than small numbers.
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 Chevron authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: July 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-15239 Filed 7-16-21; 8:45 am]
BILLING CODE 3510-22-P
