Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 46683-46685 [2021-17746]

Download as PDF Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before October 18, 2021. ADDRESSES: Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at adrienne.thomas@noaa.gov. Please reference OMB Control Number 0648– 0304 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Christopher Rogers, Chief, International Fisheries Division, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service (NMFS), at 1315 East-West Hwy., Silver Spring, MD 20910; phone: 301–427–8350 or email: christopher.rogers@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract The NMFS Office of International Affairs and Seafood Inspection collects information about United States (U.S.) vessels that fish on the high seas (waters beyond the U.S. exclusive economic zone). Such vessels are required to possess a fishing permit issued under the authority of the High Seas Fishing Compliance Act (HSFCA). Applicants for this permit must submit information (including a photo) to identify their vessels, and about owners and operators of the vessels, and intended fishing areas and fishing gear. The information submitted on the application is used to process permits and to maintain a register of U.S. vessels authorized to fish on the high seas. Implementing regulations for the HSFCA also require vessels be marked for identification and enforcement purposes. Vessels must be marked in three locations (port and starboard sides of the deckhouse or hull, and on a weatherdeck) with their official number or radio call sign. Additional regulatory requirements include reporting on fishing activities and transshipments, notification of fishing trips for embarking observers (if selected), and operating a vessel monitoring system including power up and power down notifications. Finally, vessel operators may make requests for NMFS to authorize new fisheries (fishing gear, fishing area, target species) for U.S. vessels operating on the high seas. VerDate Sep<11>2014 17:28 Aug 18, 2021 Jkt 253001 These requirements apply to all U.S. vessels fishing on the high seas. Information on U.S. high seas fishing catch and effort is reported to the Food and Agriculture Organization of the United Nations as authorized under the HSFCA. II. Method of Collection Owners or operators of high seas fishing vessels must submit electronic permit applications (including vessel photo) via the NMFS online permitting system. Vessel operators submit logbook pages/transshipment notices/ declarations to NMFS by email. Notifications for observer coverage and power down/power up of vessel monitoring systems are submitted via email. Requests for authorizing new fisheries on the high seas are submitted via letter/email. No information is submitted for the vessel marking requirement. The markings are only displayed on the vessel. III. Data OMB Number: 0648–0304. Form Number: None. Type of Review: Regular submission (extension of a currently approved information collection). Affected Public: Business or other for profit organizations. Estimated Number of Respondents: 600. Estimated Time per Response: 30 minutes per electronic vessel permit application including uploading a vessel photograph; for logbook reports, 6 minutes per day for days fish are caught, 1 minute per day for days when fish are not caught; 45 minutes (15 minutes for each of 3 locations) for vessel markings; 5 minutes for advance notices of transshipment and 10 minutes for transshipment reports; 5 minutes for power up/power down notifications for enhanced mobile transceiver units; 5 minutes to notify NMFS of a fishing trip to allow for observer coverage; and 30 minutes to prepare/submit requests to authorize a new fishery on the high seas. Estimated Total Annual Burden Hours: 302. Estimated Total Annual Cost to Public: $162,919. Respondent’s obligation: Mandatory (voluntary for new fishery authorization requests). Legal Authority: HSFCA (Pub. L. 104– 43) codified at 16 U.S.C. 5501 et seq. IV. Request for Comments We are soliciting public comments to allow the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 46683 the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2021–17803 Filed 8–18–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB325] 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: 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 Telesis Geophysical Services, LLC E:\FR\FM\19AUN1.SGM 19AUN1 46684 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices (Telesis) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. DATES: The LOA is effective from September 1, 2021, through November 1, 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: lotter on DSK11XQN23PROD with NOTICES1 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). VerDate Sep<11>2014 17:28 Aug 18, 2021 Jkt 253001 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 Telesis plans to conduct an archaeological and geohazards survey in the Eugene Island Area, Block EI389 and portions of Blocks EI385 and EI386, and in the Ewing Bank Area, in the E/2 portion of Block EW979. Telesis plans to use a single, 20-cubic inch airgun for a portion of survey effort, and would use a suite of high-resolution geophysical (HRG) acoustic sources aboard an autonomous underwater vehicle during the remainder. Please see Telesis’s application for additional detail. Consistent with the preamble to the final rule, the survey effort proposed by Telesis 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) PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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. The survey is planned to occur for 4 days in summer, with the airgun used on 2.5 days and the HRG sources used for 1.5 days. Exposure modeling results were generated using the single airgun proxy for 3 days and using the high resolution sources proxy for 1 day. Because the results for the 3 days of airgun use assume use of a 90-in3 airgun, the take numbers authorized through this LOA are considered conservative (i.e., they likely overestimate take) due to differences in the sound source planned for use by Telesis, as compared to those modeled for the rule. The geographic distribution of survey effort is not known precisely, but would occur in Zones 2 and 5. Therefore, the take estimates for each species are based on the zone that has the greater value for the species (i.e., Zone 2 or 5). In this case, use of the exposure modeling produces results that are substantially smaller than average GOM group sizes for multiple species (i.e., estimated exposure values are less than 10 percent of assumed average group size for the majority of species) (MazeFoley and Mullin, 2006). NMFS’ typical practice in such a situation is to increase exposure estimates to the assumed average group size for a species in order to ensure that, if the species is encountered, exposures will not exceed the authorized take number. However, other relevant considerations here lead to a determination that increasing the estimated exposures to average group sizes would likely lead to an overestimate of actual potential take. In this circumstance, the very short survey duration and relatively small Level B harassment isopleths produced through use of a single airgun (compared with an airgun array) or HRG sources mean that it is unlikely that certain species would be encountered at all, much less that the encounter would result in exposure of a greater number of individuals than is estimated through use of the exposure modeling results. As a result, in this case NMFS has not increased the estimated exposure values to assumed average group sizes in authorizing take. 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). E:\FR\FM\19AUN1.SGM 19AUN1 46685 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 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. TABLE 1—TAKE ANALYSIS Authorized take 1 Species Rice’s whale 3 .............................................................................................................................. 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 ............................................................................................................... 0 2 1 40 1 83 2 18 10 3 1 0 1 2 0 0 0 0 Abundance 2 Percent abundance 51 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 n/a 0.1 0.0 1.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 n/a 0.0 0.0 n/a n/a n/a n/a 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). 2 Best lotter on DSK11XQN23PROD with NOTICES1 Based on the analysis contained herein of Telesis’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. LOA is of no more than small numbers. Accordingly, we have issued an LOA to Telesis authorizing the take of marine mammals incidental to its geophysical survey activity, as described above. DEPARTMENT OF DEFENSE Dated: August 13, 2021. Shannon Bettridge, Acting Director, Office of Protected Resources, National Marine Fisheries Service. AGENCY: [FR Doc. 2021–17746 Filed 8–18–21; 8:45 am] BILLING CODE 3510–22–P 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 VerDate Sep<11>2014 17:28 Aug 18, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Office of the Secretary Community Input on Noise Mitigation Office of Local Defense Community Cooperation, Department of Defense (DoD). ACTION: Request for information. SUMMARY: The Office of Local Defense Community Cooperation (OLDCC) is carrying out an effort requested under the report accompanying the Consolidated Appropriations Act, 2021, to, in part, work with communities to find measures that would mitigate noise caused by defense fixed wing aviation activities. Approximately 205 active and E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46683-46685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17746]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB325]


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 Telesis 
Geophysical Services, LLC

[[Page 46684]]

(Telesis) for the take of marine mammals incidental to geophysical 
survey activity in the Gulf of Mexico.

DATES: The LOA is effective from September 1, 2021, through November 1, 
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 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

    Telesis plans to conduct an archaeological and geohazards survey in 
the Eugene Island Area, Block EI389 and portions of Blocks EI385 and 
EI386, and in the Ewing Bank Area, in the E/2 portion of Block EW979. 
Telesis plans to use a single, 20-cubic inch airgun for a portion of 
survey effort, and would use a suite of high-resolution geophysical 
(HRG) acoustic sources aboard an autonomous underwater vehicle during 
the remainder. Please see Telesis's application for additional detail.
    Consistent with the preamble to the final rule, the survey effort 
proposed by Telesis 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).
---------------------------------------------------------------------------

    The survey is planned to occur for 4 days in summer, with the 
airgun used on 2.5 days and the HRG sources used for 1.5 days. Exposure 
modeling results were generated using the single airgun proxy for 3 
days and using the high resolution sources proxy for 1 day. Because the 
results for the 3 days of airgun use assume use of a 90-in\3\ airgun, 
the take numbers authorized through this LOA are considered 
conservative (i.e., they likely overestimate take) due to differences 
in the sound source planned for use by Telesis, as compared to those 
modeled for the rule. The geographic distribution of survey effort is 
not known precisely, but would occur in Zones 2 and 5. Therefore, the 
take estimates for each species are based on the zone that has the 
greater value for the species (i.e., Zone 2 or 5).
    In this case, use of the exposure modeling produces results that 
are substantially smaller than average GOM group sizes for multiple 
species (i.e., estimated exposure values are less than 10 percent of 
assumed average group size for the majority of species) (Maze-Foley and 
Mullin, 2006). NMFS' typical practice in such a situation is to 
increase exposure estimates to the assumed average group size for a 
species in order to ensure that, if the species is encountered, 
exposures will not exceed the authorized take number. However, other 
relevant considerations here lead to a determination that increasing 
the estimated exposures to average group sizes would likely lead to an 
overestimate of actual potential take. In this circumstance, the very 
short survey duration and relatively small Level B harassment isopleths 
produced through use of a single airgun (compared with an airgun array) 
or HRG sources mean that it is unlikely that certain species would be 
encountered at all, much less that the encounter would result in 
exposure of a greater number of individuals than is estimated through 
use of the exposure modeling results. As a result, in this case NMFS 
has not increased the estimated exposure values to assumed average 
group sizes in authorizing take.

[[Page 46685]]

    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.....................................................               2           2,207             0.1
Kogia spp.......................................................               1           4,373             0.0
Beaked whales...................................................              40           3,768             1.1
Rough-toothed dolphin...........................................               1           4,853             0.0
Bottlenose dolphin..............................................              83         176,108             0.0
Clymene dolphin.................................................               2          11,895             0.0
Atlantic spotted dolphin........................................              18          74,785             0.0
Pantropical spotted dolphin.....................................              10         102,361             0.0
Spinner dolphin.................................................               3          25,114             0.0
Striped dolphin.................................................               1           5,229             0.0
Fraser's dolphin................................................               0           1,665             n/a
Risso's dolphin.................................................               1           3,764             0.0
Melon-headed whale..............................................               2           7,003             0.0
Pygmy killer whale..............................................               0           2,126             n/a
False killer whale..............................................               0           3,204             n/a
Killer whale....................................................               0             267             n/a
Short-finned pilot whale........................................               0           1,981             n/a
----------------------------------------------------------------------------------------------------------------
\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).

    Based on the analysis contained herein of Telesis'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 Telesis authorizing the take of marine mammals 
incidental to its geophysical survey activity, as described above.

    Dated: August 13, 2021.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-17746 Filed 8-18-21; 8:45 am]
BILLING CODE 3510-22-P
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