Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 69622-69626 [2021-26601]
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
this notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 2, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
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Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Base the Weighted-Average Dumping
Margins for Saha Thai and Blue Pipe on
Adverse Facts Available
Comment 2: Whether Saha Thai Created a
Fictitious Market
Comment 3: Whether Saha Thai Is
Affiliated with Certain Companies
Comment 4: Whether Commerce Should
Require Saha Thai and Blue Pipe to
Resubmit Certain Submissions
Comment 5: Whether Commerce Must
Take Steps to Ensure the Government
Can Collect the Duties Owed
Comment 6: Whether Commerce Should
Reconsider Prior Reviews to Account for
Potential Fraud
Comment 7: Whether Commerce Should
Adjust Saha Thai’s Costs to Account for
a Particular Market Situation
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Comment 8: Whether Commerce’s
Preliminary Determination for NonExamined Companies Is Contrary to Law
Comment 9: Whether Commerce Should
Calculate an Individual WeightedAverage Dumping Margin for Thai
Premium Pipe Co., Ltd.
VI. Recommendation
[FR Doc. 2021–26573 Filed 12–7–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB547]
Marine Mammals; File No. 25900
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Echo Pictures Ltd. (Responsible Party:
Joe Stevens), St Nicholas House, 31–34
High Street, Bristol, BS1 2AW, United
Kingdom has applied in due form for a
permit to conduct commercial or
educational photography on humpback
whales (Megaptera novaeangliae).
DATES: Written, telefaxed, or email
comments must be received on or before
January 7, 2022.
ADDRESSES: These documents are
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. 25900 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Jordan Rutland or Carrie Hubard, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking of
marine mammals (50 CFR part 216).
The applicant proposes to film
humpback whales off the coast of Maui,
Hawaii to obtain footage for a television
series. Up to 1,120 humpback whales
may be harassed during filming from
vessels, an unmanned aircraft system,
and underwater divers. The permit
would expire April 30, 2022.
SUMMARY:
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It has come to the agency’s attention
that the 2016 interim final humpback
approach rule (50 CFR 216.19; 81 FR
62010, September 8, 2016) does not
explicitly exempt permits issued under
section 104(c)(6) of the MMPA from its
prohibitions. It is not the agency’s intent
to preclude the issuance of permits or
authorizations consistent with the
requirements of the MMPA. We
interpret the rule to allow issuance of
these permits. Consistent with this
interpretation, it has been our practice
to continue to issue section 104(c)(6)
permits that are in compliance with the
Act’s requirements and our review
procedures, as evidenced by issuance of
four such permits since the rule’s
effective date. However, to eliminate
any potential ambiguity, we intend to
revise the rule to explicitly clarify that
photography permits issued under
section 104(c)(6) of the MMPA are
exempt from the prohibitions on
approach.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: December 3, 2021.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2021–26563 Filed 12–7–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB617]
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 Letters of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
SUMMARY:
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(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 two
Letters of Authorization (LOA) have
been issued to Shell Offshore Inc.
(Shell) for the take of marine mammals
incidental to geophysical survey activity
in the Gulf of Mexico.
DATES: The LOAs are effective from
January 1, 2022, through August 31,
2022.
ADDRESSES: The LOAs, LOA requests,
and supporting documentation are
available online at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-oil-andgas-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:
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
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mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
On January 19, 2021, we issued a final
rule with regulations to govern the
unintentional taking of marine
mammals incidental to geophysical
survey activities conducted by oil and
gas industry operators, and those
persons authorized to conduct activities
on their behalf (collectively ‘‘industry
operators’’), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the
course of 5 years (86 FR 5322; January
19, 2021). The rule was based on our
findings that the total taking from the
specified activities over the 5-year
period will have a negligible impact on
the affected species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on the
availability of those species or stocks for
subsistence uses. The rule became
effective on April 19, 2021.
Our regulations at 50 CFR 217.180 et
seq. allow for the issuance of LOAs to
industry operators for the incidental
take of marine mammals during
geophysical survey activities and
prescribe the permissible methods of
taking and other means of effecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat (often referred to as
mitigation), as well as requirements
pertaining to the monitoring and
reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
authorized under the LOA is of no more
than small numbers.
Summary of Request and Analysis
Shell plans to conduct two separate
geophysical surveys, and submitted an
LOA request for each survey. The first
survey is a 3D ocean bottom node (OBN)
survey of Mississippi Canyon Lease
Block 809 and portions of the
surrounding approximately 143 lease
blocks in the Ursa development area
(Ursa survey). The second survey would
also be a 3D OBN survey, and would
cover Mississippi Canyon Lease Block
890 and Atwater Canyon and portions of
the surrounding approximately 36 lease
blocks (Europa survey). See Section F of
the respective LOA applications for
maps of these areas.
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For both surveys, Shell anticipates
using an airgun array consisting of 32
elements, with a total volume of 5,110
cubic inches (in3). Please see Shell’s
applications for additional detail.
Consistent with the preamble to the
final rule, the survey effort proposed by
Shell in its LOA requests 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 3D OBN 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 3D OBN survey
effort, largely due to the greater area
covered by the modeled proxies.
Summary descriptions of these modeled
survey geometries are available in the
preamble to the proposed rule (83 FR
29212, 29220; June 22, 2018). Coil was
selected as the best available proxy
survey type for both surveys in this
case, because the spatial coverage of the
planned surveys is most similar to the
coil survey pattern. The planned 3D
OBN surveys will each involve a single
source vessel sailing along closely
spaced survey lines that are 100 m apart
and approximately 30 km in length. The
path taken by the vessel to cover these
lines will mean that consecutive survey
lines sailed will be 400 m apart. The
coil survey pattern was assumed to
cover approximately 144 kilometers
squared (km2) per day (compared with
approximately 795 km2, 199 km2, and
845 km2 per day for the 2D, 3D NAZ,
and 3D WAZ survey patterns,
respectively). Among the different
parameters of the modeled survey
patterns (e.g., area covered, line spacing,
number of sources, shot interval, total
simulated pulses), NMFS considers area
covered per day to be most influential
on daily modeled exposures exceeding
Level B harassment criteria. Although
Shell is not proposing specifically to
perform surveys using the coil
geometry, its planned 3D OBN surveys
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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are expected to cover approximately
15.7 km2 per day, meaning that the coil
proxy is most representative of the effort
planned by Shell in terms of predicted
Level B harassment exposures.
In addition, all available acoustic
exposure modeling results assume use
of a 72-element, 8,000 in3 array. Thus,
estimated take numbers for this LOA are
considered conservative due to
differences in both the airgun array (32
elements, 5,110 in3) and the daily
survey area planned by Shell (15.7 km2),
as compared to those modeled for the
rule.
The Ursa survey will take place over
61 days, including 45 days of sound
source operation. The Europa survey
will take place over 122 days, including
20 days of sound source operation. Both
surveys will occur within Zone 5. For
both surveys, the seasonal distribution
of survey days is not known in advance.
Therefore, the take estimates for each
species are based on the season that
produces the greater value.
Additionally, 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.
Rice’s whales (formerly known as
GOM Bryde’s whales) 3 are generally
found within a small area in the
northeastern GOM in waters between
100–400 m depth along the continental
shelf break (Rosel et al., 2016). Whaling
3 The final rule refers to the GOM Bryde’s whale
(Balaenoptera edeni). These whales were
subsequently described as a new species, Rice’s
whale (Balaenoptera ricei) (Rosel et al., 2021).
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records suggest that Rice’s whales
historically had a broader distribution
within similar habitat parameters
throughout the GOM (Reeves et al.,
2011; Rosel and Wilcox, 2014), and a
NOAA survey reported observation of a
Rice’s whale in the western GOM in
2017 (NMFS, 2018). Habitat-based
density modeling identified similar
habitat (i.e., approximately 100–400 m
water depths along the continental shelf
break) as being potential Rice’s whale
habitat (Roberts et al., 2016), although a
‘‘core habitat area’’ defined in the
northeastern GOM (outside the scope of
the rule) contained approximately 92
percent of the predicted abundance of
Rice’s whales. See discussion provided
at, e.g., 83 FR 29212, 29228, 29280 (June
22, 2018); 86 FR 5322, 5418 (January 19,
2021).
Although it is possible that Rice’s
whales may occur outside of their core
habitat, NMFS expects that any such
occurrence would be limited to the
narrow band of suitable habitat
described above (i.e., 100–400 m).
Shell’s planned activities will occur in
water depths of approximately 600–
1,800 m and 800–1,400 (Ursa and
Europa, respectively) in the central
GOM. Thus, NMFS does not expect
there to be the reasonable potential for
take of Rice’s whale in association with
this survey and, accordingly, does not
authorize take of Rice’s whale through
this LOA.
Killer whales are the most rarely
encountered species in the GOM,
typically in deep waters of the central
GOM (Roberts et al., 2015; Maze-Foley
and Mullin, 2006). The approach used
in the acoustic exposure modeling, in
which seven modeling zones were
defined over the U.S. GOM, necessarily
averages fine-scale information about
marine mammal distribution over the
large area of each modeling zone. NMFS
has determined that the approach
results in unrealistic projections
regarding the likelihood of encountering
killer whales.
As discussed in the final rule, the
density models produced by Roberts et
al. (2016) provide the best available
scientific information regarding
predicted density patterns of cetaceans
in the U.S. GOM. The predictions
represent the output of models derived
from multi-year observations and
associated environmental parameters
that incorporate corrections for
detection bias. However, in the case of
killer whales, the model is informed by
few data, as indicated by the coefficient
of variation associated with the
abundance predicted by the model
(0.41, the second-highest of any GOM
species model; Roberts et al., 2016). The
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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 less than
20 occasions during the 1992–2009
NOAA surveys (Fraser’s dolphin and
false killer whale 4). However,
observational data collected by
protected species observers (PSOs) on
industry geophysical survey vessels
from 2002–2015 distinguish the killer
whale in terms of rarity. During this
period, killer whales were encountered
on only 10 occasions, whereas the next
most rarely encountered species
(Fraser’s dolphin) was recorded on 69
occasions (Barkaszi and Kelly, 2019).
The false killer whale and pygmy killer
whale were the next most rarely
encountered species, with 110 records
each. The killer whale was the species
with the lowest detection frequency
during each period over which PSO data
were synthesized (2002–2008 and 2009–
2015). This information qualitatively
informed our rulemaking process, as
discussed at 86 FR 5322, 5334 (January
19, 2021), and similarly informs our
analysis here.
The rarity of encounter during seismic
surveys is not likely to be the product
of high bias on the probability of
detection. Unlike certain cryptic species
with high detection bias, such as Kogia
spp. or beaked whales, or deep-diving
species with high availability bias, such
as beaked whales or sperm whales,
killer whales are typically available for
detection when present and are easily
observed. Roberts et al. (2015) stated
that availability is not a major factor
affecting detectability of killer whales
from shipboard surveys, as they are not
a particularly long-diving species. Baird
et al. (2005) reported that mean dive
durations for 41 fish-eating killer whales
for dives greater than or equal to 1
minute in duration was 2.3–2.4 minutes,
and Hooker et al. (2012) reported that
killer whales spent 78 percent of their
time at depths between 0–10 m.
Similarly, Kvadsheim et al. (2012)
reported data from a study of four killer
whales, noting that the whales
performed 20 times as many dives to 1–
4 However, note that these species have been
observed over a greater range of water depths in the
GOM than have killer whales.
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30 m depth than to deeper waters, with
an average depth during those most
common dives of approximately 3 m.
In summary, killer whales are the
most rarely encountered species in the
GOM and typically occur only in
particularly deep water. While this
information is reflected through the
density model informing the acoustic
exposure modeling results, there is
relatively high uncertainty associated
with the model for this species, and the
acoustic exposure modeling applies
mean distribution data over areas where
the species is in fact less likely to occur.
NMFS’ determination in reflection of
the data discussed above, which
informed the final rule, is that use of the
generic acoustic exposure modeling
results for killer whales would result in
high estimated take numbers that are
inconsistent with the assumptions made
in the rule regarding expected killer
whale take (86 FR 5322, 5403; January
19, 2021).
In past authorizations, NMFS has
often addressed situations involving the
low likelihood of encountering a rare
species such as killer whales in the
GOM through authorization of take of a
single group of average size (i.e.,
representing a single potential
encounter). See 83 FR 63268, December
7, 2018. See also 86 FR 29090, May 28,
2021; 85 FR 55645, September 9, 2020.
For the reasons expressed above, NMFS
determined that a single encounter of
killer whales is more likely than the
model-generated estimates and has
authorized take associated with a single
killer whale group encounter (i.e., up to
7 animals) for the Ursa LOA.
For the Europa LOA, use of the
exposure modeling produces an
estimate of 7 killer whale exposures.
Given the foregoing, it is unlikely that
even one killer whale would be
encountered during this 20-day survey,
and accordingly no take of killer whales
is authorized through the Europa LOA.
Based on the results of our analysis,
NMFS has determined that the level of
taking authorized through the LOAs is
consistent with the findings made for
the total taking allowable under the
regulations. See Tables 1 and 2 in this
notice and Table 9 of the rule (86 FR
5322; January 19, 2021).
Small Numbers Determinations
Under the GOM rule, NMFS may not
authorize incidental take of marine
mammals in an LOA if it will exceed
‘‘small numbers.’’ In short, when an
acceptable estimate of the individual
marine mammals taken is available, if
the estimated number of individual
animals taken is up to, but not greater
than, one-third of the best available
abundance estimate, NMFS will
determine that the numbers of marine
mammals taken of a species or stock are
small. For more information please see
NMFS’ discussion of the MMPA’s small
numbers requirement provided in the
final rule (86 FR 5322, 5438; January 19,
2021).
The take numbers for authorization
are determined as described above in
the Summary of Request and Analysis
section. Subsequently, the total
incidents of harassment for each species
are multiplied by scalar ratios to
produce a derived product that better
69625
reflects the number of individuals likely
to be taken within a survey (as
compared to the total number of
instances of take), accounting for the
likelihood that some individual marine
mammals may be taken on more than
one day (see 86 FR 5322, 5404; January
19, 2021). The output of this scaling,
where appropriate, is incorporated into
an adjusted total take estimate that is
the basis for NMFS’ small numbers
determinations, as depicted in Table 1
for Shell’s Ursa survey and in Table 2
for the Europa survey.
This product is 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 assessment 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
Tables 1 and 2.
TABLE 1—TAKE ANALYSIS, URSA LOA
Authorized
take
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Species
Rice’s whale .....................................................................................................
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
1,184
3 447
5,224
898
4,256
2,528
1,700
11,470
3,073
987
284
743
1,661
391
622
7
480
Scaled take 1
n/a
500.7
159.7
527.6
257.8
1,221.5
725.4
487.9
3,291.9
882.1
283.3
81.5
219.1
489.9
115.3
183.4
n/a
141.7
Abundance 2
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
Percent
abundance
n/a
22.7
3.7
14.0
5.3
0.7
6.1
0.7
3.2
3.5
5.4
4.9
5.8
7.0
5.4
5.7
2.6
7.2
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 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 24 takes by Level A harassment and 423 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take.
TABLE 2—TAKE ANALYSIS, EUROPA LOA
Authorized
take
Species
Rice’s whale .....................................................................................................
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
526
3 199
2,322
399
1,892
1,123
756
5,098
1,366
439
126
330
738
174
276
0
213
Scaled take 1
n/a
222.5
71.0
234.5
114.6
542.9
322.4
216.9
1,463.1
392.0
125.9
36.2
97.4
217.7
51.2
81.5
n/a
63.0
Abundance 2
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
%
abundance
n/a
10.1
1.6
6.2
2.4
0.3
2.7
0.3
1.4
1.6
2.4
2.2
2.6
3.1
2.4
2.5
n/a
3.2
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used.
3 Includes 11 takes by Level A harassment and 188 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take.
5 Modeled take of 16 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
Based on the analysis contained
herein of Shell’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 and therefore is of no
more than small numbers.
Authorization
jspears on DSK121TN23PROD with NOTICES1
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 Shell authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: December 3, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–26601 Filed 12–7–21; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB622]
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)
will host an online meeting of the Area
2A Pacific halibut governmental
management entities that is open to the
public.
DATES: The online meeting will be held
Tuesday, January 4, 2022, from 10 a.m.
until 1 p.m. Pacific Time, or until
business for the day has been
completed.
ADDRESSES: 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
announcement on the Pacific Council’s
SUMMARY:
PO 00000
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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.
SUPPLEMENTARY INFORMATION: The
primary purpose of the online meeting
is to prepare and develop
recommendations for the 2022
International Pacific Halibut
Commission’s (IPHC) annual meeting
held online from January 24 through
January 28, 2022. Recommendations
generated from the 2A managers
meeting will be communicated to the
IPHC by the Pacific Council’s
representatives. Attendees may also
address other topics relating to Pacific
halibut management.
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
E:\FR\FM\08DEN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69622-69626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26601]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB617]
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 Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act
[[Page 69623]]
(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 two Letters of Authorization (LOA) have been
issued to Shell Offshore Inc. (Shell) for the take of marine mammals
incidental to geophysical survey activity in the Gulf of Mexico.
DATES: The LOAs are effective from January 1, 2022, through August 31,
2022.
ADDRESSES: The LOAs, LOA requests, 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
Shell plans to conduct two separate geophysical surveys, and
submitted an LOA request for each survey. The first survey is a 3D
ocean bottom node (OBN) survey of Mississippi Canyon Lease Block 809
and portions of the surrounding approximately 143 lease blocks in the
Ursa development area (Ursa survey). The second survey would also be a
3D OBN survey, and would cover Mississippi Canyon Lease Block 890 and
Atwater Canyon and portions of the surrounding approximately 36 lease
blocks (Europa survey). See Section F of the respective LOA
applications for maps of these areas.
For both surveys, Shell anticipates using an airgun array
consisting of 32 elements, with a total volume of 5,110 cubic inches
(in\3\). Please see Shell's applications for additional detail.
Consistent with the preamble to the final rule, the survey effort
proposed by Shell in its LOA requests 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).
---------------------------------------------------------------------------
No 3D OBN 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 3D OBN survey effort, largely due
to the greater area covered by the modeled proxies. Summary
descriptions of these modeled survey geometries are available in the
preamble to the proposed rule (83 FR 29212, 29220; June 22, 2018). Coil
was selected as the best available proxy survey type for both surveys
in this case, because the spatial coverage of the planned surveys is
most similar to the coil survey pattern. The planned 3D OBN surveys
will each involve a single source vessel sailing along closely spaced
survey lines that are 100 m apart and approximately 30 km in length.
The path taken by the vessel to cover these lines will mean that
consecutive survey lines sailed will be 400 m apart. The coil survey
pattern was assumed to cover approximately 144 kilometers squared
(km\2\) per day (compared with approximately 795 km\2\, 199 km\2\, and
845 km\2\ per day for the 2D, 3D NAZ, and 3D WAZ survey patterns,
respectively). Among the different parameters of the modeled survey
patterns (e.g., area covered, line spacing, number of sources, shot
interval, total simulated pulses), NMFS considers area covered per day
to be most influential on daily modeled exposures exceeding Level B
harassment criteria. Although Shell is not proposing specifically to
perform surveys using the coil geometry, its planned 3D OBN surveys
[[Page 69624]]
are expected to cover approximately 15.7 km\2\ per day, meaning that
the coil proxy is most representative of the effort planned by Shell in
terms of predicted Level B harassment exposures.
In addition, all available acoustic exposure modeling results
assume use of a 72-element, 8,000 in\3\ array. Thus, estimated take
numbers for this LOA are considered conservative due to differences in
both the airgun array (32 elements, 5,110 in\3\) and the daily survey
area planned by Shell (15.7 km\2\), as compared to those modeled for
the rule.
The Ursa survey will take place over 61 days, including 45 days of
sound source operation. The Europa survey will take place over 122
days, including 20 days of sound source operation. Both surveys will
occur within Zone 5. For both surveys, the seasonal distribution of
survey days is not known in advance. Therefore, the take estimates for
each species are based on the season that produces the greater value.
Additionally, 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.
Rice's whales (formerly known as GOM Bryde's whales) \3\ are
generally found within a small area in the northeastern GOM in waters
between 100-400 m depth along the continental shelf break (Rosel et
al., 2016). Whaling records suggest that Rice's whales historically had
a broader distribution within similar habitat parameters throughout the
GOM (Reeves et al., 2011; Rosel and Wilcox, 2014), and a NOAA survey
reported observation of a Rice's whale in the western GOM in 2017
(NMFS, 2018). Habitat-based density modeling identified similar habitat
(i.e., approximately 100-400 m water depths along the continental shelf
break) as being potential Rice's whale habitat (Roberts et al., 2016),
although a ``core habitat area'' defined in the northeastern GOM
(outside the scope of the rule) contained approximately 92 percent of
the predicted abundance of Rice's whales. See discussion provided at,
e.g., 83 FR 29212, 29228, 29280 (June 22, 2018); 86 FR 5322, 5418
(January 19, 2021).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Although it is possible that Rice's whales may occur outside of
their core habitat, NMFS expects that any such occurrence would be
limited to the narrow band of suitable habitat described above (i.e.,
100-400 m). Shell's planned activities will occur in water depths of
approximately 600-1,800 m and 800-1,400 (Ursa and Europa, respectively)
in the central GOM. Thus, NMFS does not expect there to be the
reasonable potential for take of Rice's whale in association with this
survey and, accordingly, does not authorize take of Rice's whale
through this LOA.
Killer whales are the most rarely encountered species in the GOM,
typically in deep waters of the central GOM (Roberts et al., 2015;
Maze-Foley and Mullin, 2006). The approach used in the acoustic
exposure modeling, in which seven modeling zones were defined over the
U.S. GOM, necessarily averages fine-scale information about marine
mammal distribution over the large area of each modeling zone. NMFS has
determined that the approach results in unrealistic projections
regarding the likelihood of encountering killer whales.
As discussed in the final rule, the density models produced by
Roberts et al. (2016) provide the best available scientific information
regarding predicted density patterns of cetaceans in the U.S. GOM. The
predictions represent the output of models derived from multi-year
observations and associated environmental parameters that incorporate
corrections for detection bias. However, in the case of killer whales,
the model is informed by few data, as indicated by the coefficient of
variation associated with the abundance predicted by the model (0.41,
the second-highest of any GOM species model; Roberts et al., 2016). The
model's authors noted the expected non-uniform distribution of this
rarely-encountered species (as discussed above) and expressed that, due
to the limited data available to inform the model, it ``should be
viewed cautiously'' (Roberts et al., 2015).
NOAA surveys in the GOM from 1992-2009 reported only 16 sightings
of killer whales, with an additional three encounters during more
recent survey effort from 2017-18 (Waring et al., 2013; www.boem.gov/gommapps). Two other species were also observed on less than 20
occasions during the 1992-2009 NOAA surveys (Fraser's dolphin and false
killer whale \4\). However, observational data collected by protected
species observers (PSOs) on industry geophysical survey vessels from
2002-2015 distinguish the killer whale in terms of rarity. During this
period, killer whales were encountered on only 10 occasions, whereas
the next most rarely encountered species (Fraser's dolphin) was
recorded on 69 occasions (Barkaszi and Kelly, 2019). The false killer
whale and pygmy killer whale were the next most rarely encountered
species, with 110 records each. The killer whale was the species with
the lowest detection frequency during each period over which PSO data
were synthesized (2002-2008 and 2009-2015). This information
qualitatively informed our rulemaking process, as discussed at 86 FR
5322, 5334 (January 19, 2021), and similarly informs our analysis here.
---------------------------------------------------------------------------
\4\ However, note that these species have been observed over a
greater range of water depths in the GOM than have killer whales.
---------------------------------------------------------------------------
The rarity of encounter during seismic surveys is not likely to be
the product of high bias on the probability of detection. Unlike
certain cryptic species with high detection bias, such as Kogia spp. or
beaked whales, or deep-diving species with high availability bias, such
as beaked whales or sperm whales, killer whales are typically available
for detection when present and are easily observed. Roberts et al.
(2015) stated that availability is not a major factor affecting
detectability of killer whales from shipboard surveys, as they are not
a particularly long-diving species. Baird et al. (2005) reported that
mean dive durations for 41 fish-eating killer whales for dives greater
than or equal to 1 minute in duration was 2.3-2.4 minutes, and Hooker
et al. (2012) reported that killer whales spent 78 percent of their
time at depths between 0-10 m. Similarly, Kvadsheim et al. (2012)
reported data from a study of four killer whales, noting that the
whales performed 20 times as many dives to 1-
[[Page 69625]]
30 m depth than to deeper waters, with an average depth during those
most common dives of approximately 3 m.
In summary, killer whales are the most rarely encountered species
in the GOM and typically occur only in particularly deep water. While
this information is reflected through the density model informing the
acoustic exposure modeling results, there is relatively high
uncertainty associated with the model for this species, and the
acoustic exposure modeling applies mean distribution data over areas
where the species is in fact less likely to occur. NMFS' determination
in reflection of the data discussed above, which informed the final
rule, is that use of the generic acoustic exposure modeling results for
killer whales would result in high estimated take numbers that are
inconsistent with the assumptions made in the rule regarding expected
killer whale take (86 FR 5322, 5403; January 19, 2021).
In past authorizations, NMFS has often addressed situations
involving the low likelihood of encountering a rare species such as
killer whales in the GOM through authorization of take of a single
group of average size (i.e., representing a single potential
encounter). See 83 FR 63268, December 7, 2018. See also 86 FR 29090,
May 28, 2021; 85 FR 55645, September 9, 2020. For the reasons expressed
above, NMFS determined that a single encounter of killer whales is more
likely than the model-generated estimates and has authorized take
associated with a single killer whale group encounter (i.e., up to 7
animals) for the Ursa LOA.
For the Europa LOA, use of the exposure modeling produces an
estimate of 7 killer whale exposures. Given the foregoing, it is
unlikely that even one killer whale would be encountered during this
20-day survey, and accordingly no take of killer whales is authorized
through the Europa LOA.
Based on the results of our analysis, NMFS has determined that the
level of taking authorized through the LOAs is consistent with the
findings made for the total taking allowable under the regulations. See
Tables 1 and 2 in this notice and Table 9 of the rule (86 FR 5322;
January 19, 2021).
Small Numbers Determinations
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small. For more information please see NMFS'
discussion of the MMPA's small numbers requirement provided in the
final rule (86 FR 5322, 5438; January 19, 2021).
The take numbers for authorization are determined as described
above in the Summary of Request and Analysis section. Subsequently, the
total incidents of harassment for each species are multiplied by scalar
ratios to produce a derived product that better reflects the number of
individuals likely to be taken within a survey (as compared to the
total number of instances of take), accounting for the likelihood that
some individual marine mammals may be taken on more than one day (see
86 FR 5322, 5404; January 19, 2021). The output of this scaling, where
appropriate, is incorporated into an adjusted total take estimate that
is the basis for NMFS' small numbers determinations, as depicted in
Table 1 for Shell's Ursa survey and in Table 2 for the Europa survey.
This product is 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 assessment
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 Tables 1 and 2.
Table 1--Take Analysis, Ursa LOA
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 1,184 500.7 2,207 22.7
Kogia spp....................................... \3\ 447 159.7 4,373 3.7
Beaked whales................................... 5,224 527.6 3,768 14.0
Rough-toothed dolphin........................... 898 257.8 4,853 5.3
Bottlenose dolphin.............................. 4,256 1,221.5 176,108 0.7
Clymene dolphin................................. 2,528 725.4 11,895 6.1
Atlantic spotted dolphin........................ 1,700 487.9 74,785 0.7
Pantropical spotted dolphin..................... 11,470 3,291.9 102,361 3.2
Spinner dolphin................................. 3,073 882.1 25,114 3.5
Striped dolphin................................. 987 283.3 5,229 5.4
Fraser's dolphin................................ 284 81.5 1,665 4.9
Risso's dolphin................................. 743 219.1 3,764 5.8
Melon-headed whale.............................. 1,661 489.9 7,003 7.0
Pygmy killer whale.............................. 391 115.3 2,126 5.4
False killer whale.............................. 622 183.4 3,204 5.7
Killer whale.................................... 7 n/a 267 2.6
Short-finned pilot whale........................ 480 141.7 1,981 7.2
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
[[Page 69626]]
\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 24 takes by Level A harassment and 423 takes by Level B harassment. Scalar ratio is applied to
takes by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take
plus authorized Level A harassment take.
Table 2--Take Analysis, Europa LOA
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take
Species take \1\ Abundance \2\ % abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 526 222.5 2,207 10.1
Kogia spp....................................... \3\ 199 71.0 4,373 1.6
Beaked whales................................... 2,322 234.5 3,768 6.2
Rough-toothed dolphin........................... 399 114.6 4,853 2.4
Bottlenose dolphin.............................. 1,892 542.9 176,108 0.3
Clymene dolphin................................. 1,123 322.4 11,895 2.7
Atlantic spotted dolphin........................ 756 216.9 74,785 0.3
Pantropical spotted dolphin..................... 5,098 1,463.1 102,361 1.4
Spinner dolphin................................. 1,366 392.0 25,114 1.6
Striped dolphin................................. 439 125.9 5,229 2.4
Fraser's dolphin................................ 126 36.2 1,665 2.2
Risso's dolphin................................. 330 97.4 3,764 2.6
Melon-headed whale.............................. 738 217.7 7,003 3.1
Pygmy killer whale.............................. 174 51.2 2,126 2.4
False killer whale.............................. 276 81.5 3,204 2.5
Killer whale.................................... 0 n/a 267 n/a
Short-finned pilot whale........................ 213 63.0 1,981 3.2
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Roberts et al., 2016). For those taxa where
a density surface model predicting abundance by month was produced, the maximum mean seasonal abundance was
used. For those taxa where abundance is not predicted by month, only mean annual abundance is available. For
the killer whale, the larger estimated SAR abundance estimate is used.
\3\ Includes 11 takes by Level A harassment and 188 takes by Level B harassment. Scalar ratio is applied to
takes by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take
plus authorized Level A harassment take.
\5\ Modeled take of 16 increased to account for potential encounter with group of average size (Maze-Foley and
Mullin, 2006).
Based on the analysis contained herein of Shell'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 and therefore 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 Shell authorizing the take of
marine mammals incidental to its geophysical survey activity, as
described above.
Dated: December 3, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-26601 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-22-P
