Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 53947-53949 [2021-21107]
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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices
requirements, when imposed, shall
remain in effect until further notice.
DEPARTMENT OF COMMERCE
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties did occur and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
Dated: September 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
lotter on DSK11XQN23PROD with NOTICES1
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
V. Recommendation
[FR Doc. 2021–21074 Filed 9–28–21; 8:45 am]
BILLING CODE 3510–DS–P
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National Oceanic and Atmospheric
Administration
RIN 0648–XB463
Endangered Species; File No. 24387
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
the NMFS NEFSC (Responsible Party:
Jon Hare, Ph.D.), 166 Water Street,
Woods Hole, MA 02543–1026, has
applied in due form for a permit to take
Atlantic sturgeon (Acipenser oxyrinchus
oxyrinchus), loggerhead (Caretta
caretta), Kemp’s ridley (Lepidochelys
kempii), green (Chelonia mydas),
hawksbill (Eretmochelys imbricata), and
leatherback (Dermochelys coriacea) sea
turtles for purposes of scientific
research.
DATES: Written or email comments must
be received on or before October 29,
2021.
ADDRESSES: The applications and
related documents are available for
review by selecting ‘‘Records Open for
Public Comment’’ from the ‘‘Features’’
box on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting the appropriate File No. 24387
from the list of available applications.
These documents are also available
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 24387 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Amy Hapeman,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
The above applicant requests a 5-year
permit to conduct research on
endangered and threatened sea turtles
SUMMARY:
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53947
and Atlantic sturgeon in the U.S.
Atlantic Exclusive Economic Zone from
Massachusetts to Georgia, evaluating
bycatch reduction of commercial fishing
gear to mitigate sea turtle and sturgeon
interactions in fisheries. Gear evaluated
would be control and experimental
tangle nets and trawl modifications.
Once animals are captured and on the
vessel, researchers would be authorized
to handle and sample Atlantic sturgeon
and sea turtles to measure, flipper tag
(turtles), passive integrated transponder
(PIT) tag, tissue (genetic) sample,
photograph/video, and weigh before
release. In addition to directed captures,
animals that are legally captured in
commercial fisheries would also be
studied, conducting the same methods
as listed above. Up to six sea turtles (all
species combined) and 12 Atlantic
sturgeon could be killed or seriously
harmed due to capture over the life of
the permit.
Dated: September 24, 2021.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–21183 Filed 9–28–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB427]
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 re-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 reissued to bp Exploration & Production
Inc. (bp) for the take of marine mammals
incidental to geophysical survey activity
in the Gulf of Mexico.
DATES: The LOA is effective from
September TBD, 2021, through April 19,
2026.
SUMMARY:
E:\FR\FM\29SEN1.SGM
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53948
Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices
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:
ADDRESSES:
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).
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
VerDate Sep<11>2014
18:22 Sep 28, 2021
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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). The rule
was based on our findings that the total
taking from the specified activities over
the five-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.
NMFS issued an LOA to bp on July
13, 2021, for the take of marine
mammals incidental to zero offset
vertical seismic profile (VSP)
geophysical surveys planned to occur
over approximately 5 years within
existing bp prospects and/or fields,
including the Mad Dog, Na Kika,
Thunder Horse, and Atlantis prospects
located in the Green Canyon (Mad Dog
and Atlantis), Mississippi Canyon (Na
Kika and Thunder Horse), and Atwater
Valley (Atlantis) areas of the central
GOM (see Figure 1 in bp’s application).
Please see the Federal Register notice of
issuance (86 FR 38018; July 19, 2021)
for additional detail regarding the LOA
and the survey activity.
Bp anticipates a total of 10 zero offset
VSP surveys over the period of LOA
effectiveness, with each survey expected
to require 2 days (total of 20 days over
the period of effectiveness). Bp
anticipates that no more than two
surveys would occur in any one year.
However, due to the potential for
unforeseen circumstances that would
require a longer duration to accomplish
the survey objectives, bp indicated it
may conduct up to seven zero offset
VSP survey days in any one year. Since
issuance of the LOA, no survey work
has occurred.
Consistent with the preamble to the
final rule, the survey effort proposed by
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bp 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). These results provided an
estimate of four killer whale Level B
harassment events per year of zero offset
VSP survey effort (based on the
maximum seven days per year).
Consistent with other situations
involving the low likelihood of
encounter for rare species such as killer
whales in the GOM, NMFS authorized
take of a single group of average size,
which is seven (representing a single
potential encounter) (Maze-Foley and
Mullin, 2006). NMFS has reconsidered
the available information and
determined that no killer whale take is
likely, and has re-issued the LOA to
reflect this.
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—a rare GOM species—the
model is informed by few data. The
model’s authors noted the expected
non-uniform distribution of this rarelyencountered species and expressed that,
due to the limited killer whale data
available to inform the model (because
they are rare), it ‘‘should be viewed
cautiously’’ (Roberts et al., 2015).
Moreover, the rarity of encounter during
seismic surveys is not likely to be the
product of high bias on the probability
of detection (86 FR 5322; January 19,
2021). In addition, killer whales
typically occur only in particularly deep
water, which is not where the bp survey
activity will take place.
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. Based on this,
NMFS determined that 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 addition (as noted in the
notice of issuance for the LOA (86 FR
38018; July 19, 2021)), differences
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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices
between available modeled survey
geometries (i.e., 2D, 3D NAZ, 3D WAZ,
Coil) and the subject zero offset VSP
surveys, and the fact that all available
acoustic exposure modeling results
assume use of a 72 element, 8,000 in3
array (compared with the 6–12 element,
2,400 in3 array planned for use by bp),
mean that take estimate numbers for this
particular survey based on the model
are expected to be significantly
conservative.
Taking these considerations together
with the fact that the estimated annual
killer whale take numbers based on the
model are low (less than the average
group size) and that the annual survey
effort for this LOA is of very brief
duration, we conclude that no take of
killer whales is likely to occur.
Therefore, NMFS has re-issued the LOA
53949
with no authorization for take of killer
whales. Authorized take numbers
represented in the original notice of
issuance are unchanged for all other
species (see Table 1 below), and the
determination that the taking is of no
more than small numbers of marine
mammals provided in the notice of
issuance (86 FR 38018; July 19, 2021)
remains valid.
TABLE 1—TAKE ANALYSIS, ZERO OFFSET VSP LOA
Annual authorized
take 1
Species
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 .............................................................................................
Abundance 2
198
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
3 79
1,120
134
681
449
258
2,310
496
182
53
128
290
64
96
0
77
Percent
abundance
9.0
1.8
29.7
2.8
0.4
3.8
0.3
2.3
2.0
3.5
3.2
3.4
4.1
3.0
3.0
n/a
3.9
1 Scalar
ratios were not applied in this case due to brief annual 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 Includes 2 annual takes by Level A harassment and 77 annual takes by Level B harassment.
2 Best
Authorization
DEPARTMENT OF COMMERCE
NMFS has determined that the level
of taking for the 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.
NMFS has re-issued the LOA to bp
authorizing the take of marine mammals
incidental to its zero offset VSP
geophysical survey activity, for the
reasons described above.
National Oceanic and Atmospheric
Administration
Dated: September 23, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–21107 Filed 9–28–21; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–22–P
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RIN 0648–XG584
Request for Public Comment
Regarding an Administrative Law
Judge’s Recommended Decision on a
Proposed Waiver and Regulations
Governing the Taking of Marine
Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS has proposed to issue
a waiver and regulations under the
Marine Mammal Protection Act
(MMPA) to allow the Makah Indian
Tribe to take a limited number of
Eastern North Pacific (ENP) gray whales
for ceremonial and subsistence
purposes. A hearing to consider the
proposed waiver and regulations took
place on November 14–21, 2019, in
Seattle, Washington before
SUMMARY:
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Administrative Law Judge George J.
Jordan. On September 23, 2021, Judge
Jordan transmitted his recommended
decision to NMFS along with the
hearing transcript and other required
documentation. As required by MMPA
regulations, NMFS now requests public
comment on the Judge’s recommended
decision.
Comments must be submitted in
writing by October 19, 2021.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2019–0037, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/docket?D=NOAANMFS-2019-0037, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Attn: Grace Ferrara, NMFS
West Coast Region, 7600 Sand Point
Way NE, Seattle, WA 98115. Include the
identifier ‘‘NOAA–NMFS–2019–0037’’
in the comments.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53947-53949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21107]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB427]
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 re-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 re-issued to bp
Exploration & Production Inc. (bp) for the take of marine mammals
incidental to geophysical survey activity in the Gulf of Mexico.
DATES: The LOA is effective from September TBD, 2021, through April 19,
2026.
[[Page 53948]]
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). The
rule was based on our findings that the total taking from the specified
activities over the five-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.
NMFS issued an LOA to bp on July 13, 2021, for the take of marine
mammals incidental to zero offset vertical seismic profile (VSP)
geophysical surveys planned to occur over approximately 5 years within
existing bp prospects and/or fields, including the Mad Dog, Na Kika,
Thunder Horse, and Atlantis prospects located in the Green Canyon (Mad
Dog and Atlantis), Mississippi Canyon (Na Kika and Thunder Horse), and
Atwater Valley (Atlantis) areas of the central GOM (see Figure 1 in
bp's application). Please see the Federal Register notice of issuance
(86 FR 38018; July 19, 2021) for additional detail regarding the LOA
and the survey activity.
Bp anticipates a total of 10 zero offset VSP surveys over the
period of LOA effectiveness, with each survey expected to require 2
days (total of 20 days over the period of effectiveness). Bp
anticipates that no more than two surveys would occur in any one year.
However, due to the potential for unforeseen circumstances that would
require a longer duration to accomplish the survey objectives, bp
indicated it may conduct up to seven zero offset VSP survey days in any
one year. Since issuance of the LOA, no survey work has occurred.
Consistent with the preamble to the final rule, the survey effort
proposed by bp 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). These results
provided an estimate of four killer whale Level B harassment events per
year of zero offset VSP survey effort (based on the maximum seven days
per year). Consistent with other situations involving the low
likelihood of encounter for rare species such as killer whales in the
GOM, NMFS authorized take of a single group of average size, which is
seven (representing a single potential encounter) (Maze-Foley and
Mullin, 2006). NMFS has reconsidered the available information and
determined that no killer whale take is likely, and has re-issued the
LOA to reflect this.
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--
a rare GOM species--the model is informed by few data. The model's
authors noted the expected non-uniform distribution of this rarely-
encountered species and expressed that, due to the limited killer whale
data available to inform the model (because they are rare), it ``should
be viewed cautiously'' (Roberts et al., 2015). Moreover, the rarity of
encounter during seismic surveys is not likely to be the product of
high bias on the probability of detection (86 FR 5322; January 19,
2021). In addition, killer whales typically occur only in particularly
deep water, which is not where the bp survey activity will take place.
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. Based on this, NMFS
determined that 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 addition (as
noted in the notice of issuance for the LOA (86 FR 38018; July 19,
2021)), differences
[[Page 53949]]
between available modeled survey geometries (i.e., 2D, 3D NAZ, 3D WAZ,
Coil) and the subject zero offset VSP surveys, and the fact that all
available acoustic exposure modeling results assume use of a 72
element, 8,000 in\3\ array (compared with the 6-12 element, 2,400 in\3\
array planned for use by bp), mean that take estimate numbers for this
particular survey based on the model are expected to be significantly
conservative.
Taking these considerations together with the fact that the
estimated annual killer whale take numbers based on the model are low
(less than the average group size) and that the annual survey effort
for this LOA is of very brief duration, we conclude that no take of
killer whales is likely to occur. Therefore, NMFS has re-issued the LOA
with no authorization for take of killer whales. Authorized take
numbers represented in the original notice of issuance are unchanged
for all other species (see Table 1 below), and the determination that
the taking is of no more than small numbers of marine mammals provided
in the notice of issuance (86 FR 38018; July 19, 2021) remains valid.
Table 1--Take Analysis, Zero Offset VSP LOA
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Annual authorized Percent
Species take \1\ Abundance \2\ abundance
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Sperm whale............................................ 198 2,207 9.0
Kogia spp.............................................. \3\ 79 4,373 1.8
Beaked whales.......................................... 1,120 3,768 29.7
Rough-toothed dolphin.................................. 134 4,853 2.8
Bottlenose dolphin..................................... 681 176,108 0.4
Clymene dolphin........................................ 449 11,895 3.8
Atlantic spotted dolphin............................... 258 74,785 0.3
Pantropical spotted dolphin............................ 2,310 102,361 2.3
Spinner dolphin........................................ 496 25,114 2.0
Striped dolphin........................................ 182 5,229 3.5
Fraser's dolphin....................................... 53 1,665 3.2
Risso's dolphin........................................ 128 3,764 3.4
Melon-headed whale..................................... 290 7,003 4.1
Pygmy killer whale..................................... 64 2,126 3.0
False killer whale..................................... 96 3,204 3.0
Killer whale........................................... 0 267 n/a
Short-finned pilot whale............................... 77 1,981 3.9
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\1\ Scalar ratios were not applied in this case due to brief annual 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\ Includes 2 annual takes by Level A harassment and 77 annual takes by Level B harassment.
Authorization
NMFS has determined that the level of taking for the 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. NMFS has re-issued the
LOA to bp authorizing the take of marine mammals incidental to its zero
offset VSP geophysical survey activity, for the reasons described
above.
Dated: September 23, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-21107 Filed 9-28-21; 8:45 am]
BILLING CODE 3510-22-P
