Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 69623-69625 [2023-22257]
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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
information collections, which helps us
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comments were previously requested
via the Federal Register on June 23,
2023 (88 FR 41081) during a 60-day
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comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: NOAA Marine Fisheries
Advisory Committee Survey on Marine
Mammal Deterrents.
OMB Control Number: 0648–XXXX.
Form Number(s): None.
Type of Request: New Information
Collection.
Number of Respondents: 15,000.
Average Hours per Response: 5
minutes.
Total Annual Burden Hours: 1,250.
Needs and Uses: This is a request for
a new collection of information.
A recent summary of a series of
marine mammal deterrent workshops by
NOAA Fisheries states, ‘‘under a recent
proposed rule, NOAA Fisheries
developed guidelines for deterring
marine mammals under its jurisdiction,
and recommended specific measures for
species listed under the Endangered
Species Act (ESA). The guidelines focus
on how to safely use deterrents to avoid
injuring or killing marine mammals.
However, evaluation of the efficacy of
each deterrent was beyond the scope of
the rulemaking process, and available
data on deterrent effectiveness is
lacking.’’ 1
Consequently, the Protected
Resources Subcommittee of the Marine
Fisheries Advisory Committee (MAFAC)
was asked to help NOAA Fisheries
narrow down the scope for assessing the
effectiveness of the marine mammal
deterrents listed in the proposed
guidelines and create a decision-making
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characterizing the effectiveness. To
achieve this, the Subcommittee plans to
rank relative risk of expected losses
from interactions with marine mammals
by various user groups nationwide,
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impacts of marine mammals are likely
to be occurring. The information for the
relative risk and expected loss analysis
will be generated through a survey of
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recreational fishermen, tribal fishermen
(inclusive of tribal nations and other
coastal indigenous populations),
aquaculture operators, and waterfront
property managers (e.g. harbormasters
and harbor facility assistants)).
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under the Federal Advisory Committee
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Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–22322 Filed 10–5–23; 8:45 am]
1 (Raum-Suryan
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD377]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of letter of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Cantium, LLC (Cantium) for the take
of marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico.
DATES: The LOA is effective from
October 1, 2023 through December 31,
2023.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://
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:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
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
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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 U.S. waters of the 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
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determination that the amount of take
authorized under the LOA is of no more
than small numbers.
Summary of Request and Analysis
Cantium plans to conduct a 3Dimensional (3D) ocean bottom node
(OBN) survey as part of ancillary
activities associated with Cantium’s
Federal lease blocks in the Bay
Marchand area. See Section G of the
LOA application for a map of the area.
Cantium anticipates using a single
source vessel, towing two airguns with
a total volume of 300 cubic inches (in3).
Please see Cantium’s application for
additional detail.
Consistent with the preamble to the
final rule, the survey effort proposed by
Cantium 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 5398, January 19,
2021). In order to generate the
appropriate take numbers 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.
Summary descriptions of modeled
survey geometries (i.e., 2D, 3D NAZ, 3D
WAZ, Coil) are available in the
preamble to the proposed rule (83 FR
29220, June 22, 2018). Surveys using a
single (90 in3) airgun and highresolution geophysical sources were
also modeled. The single airgun was
selected as the best available proxy
survey type for Cantium’s survey effort.
Although Cantium is using two airguns,
the take numbers authorized in the LOA
based on use of the single airgun proxy
are substantially similar to those
anticipated to occur through use of the
planned sound source (two airguns, 300
in3) in the planned survey location. The
acoustic exposure modeling necessarily
averages fine-scale information about
marine mammal distribution over the
large area of each modeling zone. As the
survey will take place in very shallow
water (30–50 feet (ft); 9–15 meters (m))
compared to the acoustic exposure
modeling, where few species are likely
to occur, we have determined that the
single airgun proxy is most
representative of the effort planned by
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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Cantium in terms of predicted Level B
harassment exposures.
The survey will take place over
approximately 45 days, within Zone 2
and adjacent state waters. 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.
Based on the results of our analysis,
NMFS has determined that the level of
taking expected for this survey and
authorized through the LOA is
consistent with the findings made for
the total taking allowable under the
regulations. See Table 1 in this notice
and Table 9 of the rule (86 FR 5322,
January 19, 2021).
Small Numbers Determination
Under the GOM rule, NMFS may not
authorize incidental take of marine
mammals in an LOA if it will exceed
‘‘small numbers.’’ In short, when an
acceptable estimate of the individual
marine mammals taken is available, if
the estimated number of individual
animals taken is up to, but not greater
than, one-third of the best available
abundance estimate, NMFS will
determine that the numbers of marine
mammals taken of a species or stock are
small. For more information please see
NMFS’ discussion of the MMPA’s small
numbers requirement provided in the
final rule (86 FR 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 1
day (see 86 FR 5404, January 19, 2021).
The output of this scaling, where
appropriate, is incorporated into
adjusted total take estimates that are the
basis for NMFS’ small numbers
determinations, as depicted in Table 1.
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 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; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marine-
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mammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). For the latter, for taxa
where a density surface model could be
produced, we use the maximum mean
seasonal (i.e., 3-month) abundance
prediction for purposes of comparison
as a precautionary smoothing of monthto-month fluctuations and in
consideration of a corresponding lack of
data in the literature regarding seasonal
distribution of marine mammals in the
GOM. Information supporting the small
numbers determinations is provided in
Table 1.
TABLE 1—TAKE ANALYSIS
Authorized
take
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 ...................................................................................
Scaled take 1
0
0
30
0
23
1,389
0
301
0
0
0
0
0
0
0
30
0
0
n/a
n/a
n/a
n/a
6.7
398.7
n/a
86.3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Abundance 2
Percent
abundance
51
2,207
4,373
3,768
4,853
176,108
11,895
74,785
102,361
25,114
5,229
1,665
3,764
7,003
2,126
3,204
267
1,981
n/a
n/a
n/a
n/a
0.1
0.2
n/a
0.1
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
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 Rice’s whale and the killer whale, the larger estimated SAR abundance estimate is used.
3 Modeled take of two decreased to zero. For false killer whales, use of the exposure modeling produces results that are smaller than the average GOM group size (i.e., estimated exposure value of 2, relative to assumed average group size of 28) (Maze-Foley and Mullin, 2006). NMFS’
typical practice is to increase exposure estimates to the assumed average group size for a species in order to ensure that, if the species is encountered, exposures will not exceed the authorized take number. However, given the depth of the survey area (9–15 m) in relation to the
depths this species is normally sighted (>200 m), NMFS has determined that is unlikely the species would be encountered at all. As a result, in
this case NMFS has not authorized take for this species.
Based on the analysis contained
herein of Cantium’s proposed survey
activity described in its LOA
application and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the affected species
or stock sizes (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
lotter on DSK11XQN23PROD with NOTICES1
Authorization
Dated: October 2, 2023.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023–22257 Filed 10–5–23; 8:45 am]
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COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Deletions
NMFS has determined that the level
of taking for this LOA request is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOA is of no more than small numbers.
Accordingly, we have issued an LOA to
Cantium authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed deletions from the
Procurement List.
AGENCY:
The Committee is proposing
to delete product(s) from the
Procurement List that were furnished by
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
SUMMARY:
Comments must be received on
or before: November 05, 2023.
DATES:
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Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
ADDRESSES:
For
further information or to submit
comments contact: Michael R.
Jurkowski, telephone: (703) 785–6404,
or email CMTEFedReg@AbilityOne.gov.
FOR FURTHER INFORMATION CONTACT:
This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUPPLEMENTARY INFORMATION:
Deletions
The following product(s) are proposed
for deletion from the Procurement List:
Product(s)
NSN(s)—Product Name(s):
7510–01–600–8023—Dated 2023 12-Month
2-Sided Laminated Wall Planner, 24″ x
37″
7510–01–600–7581—Wall Calendar, Dated
2023, Wire Bound w/hanger, 15.5″ x 22″
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]]>Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69623-69625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22257]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD377]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico, notification is hereby given
that a Letter of Authorization (LOA) has been issued to Cantium, LLC
(Cantium) for the take of marine mammals incidental to geophysical
survey activity in the Gulf of Mexico.
DATES: The LOA is effective from October 1, 2023 through December 31,
2023.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: https://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: Rachel Wachtendonk, 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
[[Page 69624]]
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 U.S. waters of the
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
Cantium plans to conduct a 3-Dimensional (3D) ocean bottom node
(OBN) survey as part of ancillary activities associated with Cantium's
Federal lease blocks in the Bay Marchand area. See Section G of the LOA
application for a map of the area.
Cantium anticipates using a single source vessel, towing two
airguns with a total volume of 300 cubic inches (in\3\). Please see
Cantium's application for additional detail.
Consistent with the preamble to the final rule, the survey effort
proposed by Cantium 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 5398, January 19, 2021). In order to
generate the appropriate take numbers 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).
---------------------------------------------------------------------------
Summary descriptions of modeled survey geometries (i.e., 2D, 3D
NAZ, 3D WAZ, Coil) are available in the preamble to the proposed rule
(83 FR 29220, June 22, 2018). Surveys using a single (90 in\3\) airgun
and high-resolution geophysical sources were also modeled. The single
airgun was selected as the best available proxy survey type for
Cantium's survey effort. Although Cantium is using two airguns, the
take numbers authorized in the LOA based on use of the single airgun
proxy are substantially similar to those anticipated to occur through
use of the planned sound source (two airguns, 300 in\3\) in the planned
survey location. The acoustic exposure modeling necessarily averages
fine-scale information about marine mammal distribution over the large
area of each modeling zone. As the survey will take place in very
shallow water (30-50 feet (ft); 9-15 meters (m)) compared to the
acoustic exposure modeling, where few species are likely to occur, we
have determined that the single airgun proxy is most representative of
the effort planned by Cantium in terms of predicted Level B harassment
exposures.
The survey will take place over approximately 45 days, within Zone
2 and adjacent state waters. 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.
Based on the results of our analysis, NMFS has determined that the
level of taking expected for this survey and authorized through the LOA
is consistent with the findings made for the total taking allowable
under the regulations. See Table 1 in this notice and Table 9 of the
rule (86 FR 5322, January 19, 2021).
Small Numbers Determination
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small. For more information please see NMFS'
discussion of the MMPA's small numbers requirement provided in the
final rule (86 FR 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 1 day (see 86
FR 5404, January 19, 2021). The output of this scaling, where
appropriate, is incorporated into adjusted total take estimates that
are the basis for NMFS' small numbers determinations, as depicted in
Table 1.
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 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; https://www.fisheries.noaa.gov/national/marine-mammal-
protection/marine-
[[Page 69625]]
mammal-stock-assessments) and model-predicted abundance information
(https://seamap.env.duke.edu/models/Duke/GOM/). For the latter, for
taxa where a density surface model could be produced, we use the
maximum mean seasonal (i.e., 3-month) abundance prediction for purposes
of comparison as a precautionary smoothing of month-to-month
fluctuations and in consideration of a corresponding lack of data in
the literature regarding seasonal distribution of marine mammals in the
GOM. Information supporting the small numbers determinations is
provided in Table 1.
Table 1--Take Analysis
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 0 n/a 2,207 n/a
Kogia spp....................................... \3\ 0 n/a 4,373 n/a
Beaked whales................................... 0 n/a 3,768 n/a
Rough-toothed dolphin........................... 23 6.7 4,853 0.1
Bottlenose dolphin.............................. 1,389 398.7 176,108 0.2
Clymene dolphin................................. 0 n/a 11,895 n/a
Atlantic spotted dolphin........................ 301 86.3 74,785 0.1
Pantropical spotted dolphin..................... 0 n/a 102,361 n/a
Spinner dolphin................................. 0 n/a 25,114 n/a
Striped dolphin................................. 0 n/a 5,229 n/a
Fraser's dolphin................................ 0 n/a 1,665 n/a
Risso's dolphin................................. 0 n/a 3,764 n/a
Melon-headed whale.............................. 0 n/a 7,003 n/a
Pygmy killer whale.............................. 0 n/a 2,126 n/a
False killer whale.............................. \3\ 0 n/a 3,204 n/a
Killer whale.................................... 0 n/a 267 n/a
Short-finned pilot whale........................ 0 n/a 1,981 n/a
----------------------------------------------------------------------------------------------------------------
\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
Rice's whale and the killer whale, the larger estimated SAR abundance estimate is used.
\3\ Modeled take of two decreased to zero. For false killer whales, use of the exposure modeling produces
results that are smaller than the average GOM group size (i.e., estimated exposure value of 2, relative to
assumed average group size of 28) (Maze-Foley and Mullin, 2006). NMFS' typical practice is to increase
exposure estimates to the assumed average group size for a species in order to ensure that, if the species is
encountered, exposures will not exceed the authorized take number. However, given the depth of the survey area
(9-15 m) in relation to the depths this species is normally sighted (>200 m), NMFS has determined that is
unlikely the species would be encountered at all. As a result, in this case NMFS has not authorized take for
this species.
Based on the analysis contained herein of Cantium's proposed survey
activity described in its LOA application and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals will be
taken relative to the affected species or stock sizes (i.e., less than
one-third of the best available abundance estimate) and therefore the
taking is of no more than small numbers.
Authorization
NMFS has determined that the level of taking for this LOA request
is consistent with the findings made for the total taking allowable
under the incidental take regulations and that the amount of take
authorized under the LOA is of no more than small numbers. Accordingly,
we have issued an LOA to Cantium authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: October 2, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-22257 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-22-P
