Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 72739-72743 [2023-23298]
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Assessment Workshop, and (2) a series
of webinars. The product of the Data/
Assessment Workshop is a report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
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estimates biological benchmarks,
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and recommends research and
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specified in the Terms of Reference for
the workshop and determine if they are
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Although non-emergency issues not
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Authority: 16 U.S.C. 1801 et seq.
Dated: October 18, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–23343 Filed 10–20–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD468]
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. 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 WesternGeco for the take of marine
mammals incidental to geophysical
survey activity in the Gulf of Mexico.
DATES: The LOA is effective from
October 17, 2023 through April 30,
2024.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-oil-and-gas-industrygeophysical-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:
Jenna Harlacher, 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
that the taking will have a negligible
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72739
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
§ 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
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authorized under the LOA is of no more
than small numbers.
Summary of Request and Analysis
WesternGeco plans to conduct a
three-dimensional (3D) ocean bottom
node (OBN) survey in the Green Canyon
and Walker Ridge protraction areas,
including approximately 795 lease
blocks. Approximate water depths of the
survey area range from 1,000 to 3,000
meters (m). See section F of the LOA
application for a map of the area.
WesternGeco anticipates using two
source vessels, towing low-frequency
airgun sources known as Gemini (also
referred to as a dual barbell source) or
conventional airgun sources consisting
of 28 elements, with a total volume of
5,240 cubic inches (in3). Please see
WesternGeco’s application for
additional detail.
The Gemini source was not included
in the acoustic exposure modeling
developed in support of the rule.
However, our rule anticipated the
possibility of new and unusual
technologies (NUT) and determined
they would be evaluated on a case-by
case basis (86 FR 5322, 5442, January
19, 2021). This source was previously
evaluated as a NUT in 2020 (prior to
issuance of the 2021 final rule) pursuant
to the requirements of NMFS’ 2020
Biological Opinion on BOEM’s Gulf of
Mexico oil and gas program as well as
the issuance of the rule. An associated
report produced by Jasco Applied
Sciences (Grooms et al., 2019) provides
information related to the acoustic
output of the Gemini source, which
informs our evaluation here.
The Gemini source operates on the
same basic principles as a traditional
airgun source in that it uses compressed
air to create a bubble in the water
column which then goes through a
series of collapses and expansions
creating primarily low-frequency
sounds. However, the Gemini source
consists of one physical element with
two large chambers of 4,000 (in3) each
(total volume of 8,000 in3). This creates
a larger bubble resulting in more of the
energy being concentrated in low
frequencies, with a fundamental
frequency of 3.7 Hertz. In addition to
concentrating energy at lower
frequencies, the Gemini source is
expected to produce lower overall
sound levels than the conventional
airgun proxy source. The number of
airguns in an array is highly influential
on overall sound energy output, because
the output increases approximately
linearly with the number of airgun
elements. In this case, because the same
air volume is used to operate two very
large guns, rather than tens of smaller
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guns, the array produces lower sound
levels than a conventional array of
equivalent total volume.
The modeled distances described in
the aforementioned Jasco report show
expected per-pulse sound pressure level
threshold distances to the 160-dB level
of 4.29 kilometers (km). When
frequency-weighted, i.e., considering
the low frequency output of the source
relative to the hearing sensitivities of
different marine mammal hearing
groups, the estimated distance is
decreased to approximately 1 km for the
low-frequency cetacean hearing group
and to de minimis levels for mid- and
high-frequency cetacean hearing groups,
significantly less than comparable
modeled distances for the proxy 72element, 8,000 in3 array evaluated in the
rule.
These factors lead to a conclusion that
take by Level B harassment associated
with use of the Gemini source would be
less than would occur for a similar
survey instead using the modeled airgun
array as a sound source. Based on the
foregoing, we have determined there
will be no effects of a magnitude or
intensity different from those evaluated
in support of the rule. Moreover, use of
modeling results relating to use of the
72 element, 8,000 in3 airgun array are
expected to be significantly conservative
as a proxy for use in evaluating
potential impacts of use of the Gemini
source.
Consistent with the preamble to the
final rule, the survey effort proposed by
WesternGeco 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.
No 3D OBN surveys were included in
the modeled survey types, and use of
existing proxies (i.e., two-dimensional
(2D), 3D narrow-azimuth (NAZ), 3D
wide-azimuth (WAZ), Coil) is generally
conservative for use in evaluation of 3D
OBN survey effort, largely due to the
greater area covered by the modeled
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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proxies. Summary descriptions of these
modeled survey geometries are available
in the preamble to the proposed rule (83
FR 29220, June 22, 2018). Coil was
selected as the best available proxy
survey type in this case because the
spatial coverage of the planned survey
is most similar to the coil survey
pattern.
The planned 3D OBN survey will
involve two source vessels sailing along
survey lines averaging 83 km in length.
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
WesternGeco is not proposing to
perform a survey using the coil
geometry, its planned 3D OBN survey is
expected to cover approximately 99.6
km2 per day, meaning that the coil
proxy is most representative of the effort
planned by WesternGeco 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, as discussed above,
estimated take numbers for this LOA are
considered conservative due to
differences between the acoustic source
planned for use (Gemini or 28 element,
5,240 in3 airgun array) and the proxy
array modeled for the rule.
The survey will take place over
approximately 85 days, including 65
days of sound source operation. The
survey plan includes approximately half
the days within Zone 5 and half the
days within Zone 7. We modeled 33
days in each zone for take estimates.
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.
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. The approach used in the
acoustic exposure modeling, in which
seven modeling zones were defined over
the U.S. GOM, necessarily averages finescale information about marine mammal
distribution over the large area of each
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modeling zone. This can result in
unrealistic projections regarding the
likelihood of encountering particularly
rare species and/or species not expected
to occur outside particular habitats.
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 (e.g., 86 FR 5322, 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 Rice’s
whales and killer whales 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.
NMFS’ final rule described a ‘‘core
habitat area’’ for Rice’s whales (formerly
known as GOM Bryde’s whales) 3
located in the northeastern GOM in
waters between 100 and 400 m depth
along the continental shelf break (Rosel
et al., 2016). However, 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). In addition, habitatbased 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 the core habitat
area contained approximately 92
percent of the predicted abundance of
Rice’s whales. See discussion provided
at, e.g., 83 FR 29228, June 22, 2018; 83
FR 29280, June 22, 2018; 86 FR 5418,
January 19, 2021.
Although Rice’s whales may occur
outside of the core habitat area, we
expect that any such occurrence would
be limited to the narrow band of
suitable habitat described above (i.e.,
100–400 m) and that, based on the few
available records, these occurrences
would be rare. WesternGeco’s planned
activities will occur in water depths of
approximately 1,000–3,000 m in the
central GOM. Thus, NMFS does not
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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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 the 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). As discussed in the
final rule, the density models produced
by Roberts et al. (2016) provide the best
available scientific information
regarding predicted density patterns of
cetaceans in the U.S. GOM. The
predictions represent the output of
models derived from multi-year
observations and associated
environmental parameters that
incorporate corrections for detection
bias. However, in the case of killer
whales, the model is informed by few
data, as indicated by the coefficient of
variation associated with the abundance
predicted by the model (0.41, the
second-highest of any GOM species
model; Roberts et al., 2016). The
model’s authors noted the expected
non-uniform distribution of this rarelyencountered species (as discussed
above) and expressed that, due to the
limited data available to inform the
model, it ‘‘should be viewed cautiously’’
(Roberts et al., 2015). NOAA surveys in
the GOM from 1992 to 2009 reported
only 16 sightings of killer whales, with
an additional 3 encounters during more
recent survey effort from 2017 to 2018
(Waring et al., 2013; https://
www.boem.gov/gommapps). Two other
species were also observed on fewer
than 20 occasions during the 1992–2009
NOAA surveys (Fraser’s dolphin and
false killer whale 4). However,
observational data collected by
protected species observers (PSO) on
industry geophysical survey vessels
from 2002 to 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.4
However, note that these species have
been observed over a greater range of
water depths in the GOM than have
killer whales. (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
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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information qualitatively informed our
rulemaking process, as discussed at 86
FR 5322 and 86 FR 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 and 10 m.
Similarly, Kvadsheim et al. (2012)
reported data from a study of 4 killer
whales, noting that the whales
performed 20 times as many dives 1–30
m in depth than to deeper waters, with
an average depth during those most
common dives of approximately 3 m.
In summary, killer whales are the
most rarely encountered species in the
GOM and typically occur only in
particularly deep water. This survey
would take place in deep waters that
would overlap with depths in which
killer whales typically occur. 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.
In addition, as noted above in relation
to the general take estimation
methodology, the assumed proxy source
(72-element, 8,000-in3 array) results in a
significant overestimate of the actual
potential for take to occur. NMFS’
determination in reflection of the
information discussed above, which
informed the final rule, is that use of the
generic acoustic exposure modeling
results for killer whales will generally
result in estimated take numbers that
are inconsistent with the assumptions
made in the rule regarding expected
killer whale take (86 FR 5322, January
19, 2021; 86 FR 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
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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; 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
group encounter (i.e., up to seven
animals for killer whales).
Based on the results of our analysis,
NMFS has determined that the level of
taking authorized through the LOA is
consistent with the findings made for
the total taking allowable under the
regulations for the affected species or
stocks of marine mammals. 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 5322,
January 19, 2021; 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/marinemammal-stock-assessment-reportsspecies-stock) 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 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
1,043
3 426
5,374
946
3,129
2,611
1,247
15,927
2,430
1,117
332
667
1,706
524
725
7
391
n/a
441
129
543
271
898
749
358
4,571
697
321
95
197
503
155
214
n/a
115
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
20.0
3.5
14.4
5.6
0.5
6.3
0.5
4.5
2.8
6.1
5.7
5.2
7.2
7.3
6.7
2.6
5.8
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1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322 and 86 FR 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 Includes 26 takes by Level A harassment and 400 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.
Based on the analysis contained
herein of WesternGeco’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
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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
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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
WesternGeco authorizing the take of
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Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Notices
marine mammals incidental to its
geophysical survey activity, as
described above.
Dated: October 17, 2023.
Kim Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–23298 Filed 10–20–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Department of the Army
Program Comment Plan for
Preservation of Pre-1919 Historic Army
Housing, Associated Buildings and
Structures, and Landscape Features
Department of the Army, DoD.
Notice of availability.
AGENCY:
ACTION:
The Department of the Army
(Army) is making its Program Comment
Plan for Preservation of Pre-1919
Historic Army Housing, Associated
Buildings and Structures, and
Landscape Features (Army Program
Comment Plan) available for public
review. The Army Program Comment
Plan is located on the Army’s website:
https://denix.osd.mil/army-pre1919pchh/. This notice of availability for
public review of the Army Program
Comment Plan initiates the Army’s
public participation requirements for
the Army’s proposed Program Comment
for Preservation of Pre-1919 Historic
Army Housing, Associated Buildings
and Structures, and Landscape Features
(Program Comment).
DATES: Consideration will be given to all
comments on the Army Program
Comment Plan that are received within
30 days following the date of this
publication.
SUMMARY:
Written comments
identified by ‘‘Army Program Comment
Plan’’ should be submitted to: Office of
the Assistant Secretary of the Army for
Installations, Energy and Environment,
ATTN: DASA–ESOH (Dr. David
Guldenzopf), 110 Army Pentagon, Room
3E464, Washington, DC 20310, or by
email to david.b.guldenzopf.civ@
army.mil.
ADDRESSES:
Dr.
David Guldenzopf, Department of the
Army Federal Preservation Officer, (703)
459–7756, david.b.guldenzopf.civ@
army.mil.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Program
Comment Plan for Preservation of Pre1919 Historic Army Housing,
Associated Buildings and Structures,
and Landscape Features.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:24 Oct 20, 2023
Jkt 262001
On 19 September 2023, the
Department of the Army Federal
Preservation Officer notified the
Advisory Council on Historic
Preservation (ACHP) of the Army’s
intent to request a Program Comment for
Preservation of Pre-1919 Historic Army
Housing, Associated Buildings and
Structures, and Landscape Features in
accordance with the National Historic
Preservation Act (NHPA) 54 U.S.C.
306108, and 36 CFR 800.14(e). The goal
of the Program Comment is to provide
the Army compliance with the National
Historic Preservation Act (NHPA) 54
U.S.C. 306108, for the repetitive
management actions occurring on this
large inventory of historic properties by
means of the procedures in 36 CFR
800.14(e), in lieu of conducting
individual projects reviews under 36
CFR 800.3 through 800.7.
James W. Satterwhite Jr.,
Army Federal Register Liaison Officer.
[FR Doc. 2023–23342 Filed 10–20–23; 8:45 am]
BILLING CODE 3711–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER24–100–000]
Adams Solar LLC; Supplemental
Notice That Initial Market-Based Rate
Filing Includes Request for Blanket
Section 204 Authorization
This is a supplemental notice in the
above-referenced proceeding of Adams
Solar LLC’s application for marketbased rate authority, with an
accompanying rate tariff, noting that
such application includes a request for
blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is November 6,
2023.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
PO 00000
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Sfmt 9990
72743
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
may mail similar pleadings to the
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426. Hand delivered submissions in
docketed proceedings should be
delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595 or OPP@
ferc.gov.
Dated: October 16, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–23289 Filed 10–20–23; 8:45 am]
BILLING CODE 6717–01–P
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]]>Agencies
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72739-72743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23298]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD468]
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. 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 WesternGeco for
the take of marine mammals incidental to geophysical survey activity in
the Gulf of Mexico.
DATES: The LOA is effective from October 17, 2023 through April 30,
2024.
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: Jenna Harlacher, 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 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 Sec. 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
[[Page 72740]]
authorized under the LOA is of no more than small numbers.
Summary of Request and Analysis
WesternGeco plans to conduct a three-dimensional (3D) ocean bottom
node (OBN) survey in the Green Canyon and Walker Ridge protraction
areas, including approximately 795 lease blocks. Approximate water
depths of the survey area range from 1,000 to 3,000 meters (m). See
section F of the LOA application for a map of the area.
WesternGeco anticipates using two source vessels, towing low-
frequency airgun sources known as Gemini (also referred to as a dual
barbell source) or conventional airgun sources consisting of 28
elements, with a total volume of 5,240 cubic inches (in\3\). Please see
WesternGeco's application for additional detail.
The Gemini source was not included in the acoustic exposure
modeling developed in support of the rule. However, our rule
anticipated the possibility of new and unusual technologies (NUT) and
determined they would be evaluated on a case-by case basis (86 FR 5322,
5442, January 19, 2021). This source was previously evaluated as a NUT
in 2020 (prior to issuance of the 2021 final rule) pursuant to the
requirements of NMFS' 2020 Biological Opinion on BOEM's Gulf of Mexico
oil and gas program as well as the issuance of the rule. An associated
report produced by Jasco Applied Sciences (Grooms et al., 2019)
provides information related to the acoustic output of the Gemini
source, which informs our evaluation here.
The Gemini source operates on the same basic principles as a
traditional airgun source in that it uses compressed air to create a
bubble in the water column which then goes through a series of
collapses and expansions creating primarily low-frequency sounds.
However, the Gemini source consists of one physical element with two
large chambers of 4,000 (in\3\) each (total volume of 8,000 in\3\).
This creates a larger bubble resulting in more of the energy being
concentrated in low frequencies, with a fundamental frequency of 3.7
Hertz. In addition to concentrating energy at lower frequencies, the
Gemini source is expected to produce lower overall sound levels than
the conventional airgun proxy source. The number of airguns in an array
is highly influential on overall sound energy output, because the
output increases approximately linearly with the number of airgun
elements. In this case, because the same air volume is used to operate
two very large guns, rather than tens of smaller guns, the array
produces lower sound levels than a conventional array of equivalent
total volume.
The modeled distances described in the aforementioned Jasco report
show expected per-pulse sound pressure level threshold distances to the
160-dB level of 4.29 kilometers (km). When frequency-weighted, i.e.,
considering the low frequency output of the source relative to the
hearing sensitivities of different marine mammal hearing groups, the
estimated distance is decreased to approximately 1 km for the low-
frequency cetacean hearing group and to de minimis levels for mid- and
high-frequency cetacean hearing groups, significantly less than
comparable modeled distances for the proxy 72-element, 8,000 in\3\
array evaluated in the rule.
These factors lead to a conclusion that take by Level B harassment
associated with use of the Gemini source would be less than would occur
for a similar survey instead using the modeled airgun array as a sound
source. Based on the foregoing, we have determined there will be no
effects of a magnitude or intensity different from those evaluated in
support of the rule. Moreover, use of modeling results relating to use
of the 72 element, 8,000 in\3\ airgun array are expected to be
significantly conservative as a proxy for use in evaluating potential
impacts of use of the Gemini source.
Consistent with the preamble to the final rule, the survey effort
proposed by WesternGeco 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).
---------------------------------------------------------------------------
No 3D OBN surveys were included in the modeled survey types, and
use of existing proxies (i.e., two-dimensional (2D), 3D narrow-azimuth
(NAZ), 3D wide-azimuth (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 29220, June 22, 2018). Coil was selected as the best available
proxy survey type in this case because the spatial coverage of the
planned survey is most similar to the coil survey pattern.
The planned 3D OBN survey will involve two source vessels sailing
along survey lines averaging 83 km in length. 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 WesternGeco is not proposing to perform a survey
using the coil geometry, its planned 3D OBN survey is expected to cover
approximately 99.6 km\2\ per day, meaning that the coil proxy is most
representative of the effort planned by WesternGeco 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, as discussed above, estimated take numbers for this
LOA are considered conservative due to differences between the acoustic
source planned for use (Gemini or 28 element, 5,240 in\3\ airgun array)
and the proxy array modeled for the rule.
The survey will take place over approximately 85 days, including 65
days of sound source operation. The survey plan includes approximately
half the days within Zone 5 and half the days within Zone 7. We modeled
33 days in each zone for take estimates. 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.
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. 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
[[Page 72741]]
modeling zone. This can result in unrealistic projections regarding the
likelihood of encountering particularly rare species and/or species not
expected to occur outside particular habitats. 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 (e.g., 86 FR 5322, 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 Rice's whales and killer
whales 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.
NMFS' final rule described a ``core habitat area'' for Rice's
whales (formerly known as GOM Bryde's whales) \3\ located in the
northeastern GOM in waters between 100 and 400 m depth along the
continental shelf break (Rosel et al., 2016). However, 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). In addition, 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 the core habitat
area contained approximately 92 percent of the predicted abundance of
Rice's whales. See discussion provided at, e.g., 83 FR 29228, June 22,
2018; 83 FR 29280, June 22, 2018; 86 FR 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 Rice's whales may occur outside of the core habitat area,
we expect that any such occurrence would be limited to the narrow band
of suitable habitat described above (i.e., 100-400 m) and that, based
on the few available records, these occurrences would be rare.
WesternGeco's planned activities will occur in water depths of
approximately 1,000-3,000 m 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 the 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). 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 to 2009
reported only 16 sightings of killer whales, with an additional 3
encounters during more recent survey effort from 2017 to 2018 (Waring
et al., 2013; https://www.boem.gov/gommapps). Two other species were
also observed on fewer than 20 occasions during the 1992-2009 NOAA
surveys (Fraser's dolphin and false killer whale \4\). However,
observational data collected by protected species observers (PSO) on
industry geophysical survey vessels from 2002 to 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.\4\ However, note that these species have been
observed over a greater range of water depths in the GOM than have
killer whales. (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 and 86 FR 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 and 10 m. Similarly, Kvadsheim et al. (2012)
reported data from a study of 4 killer whales, noting that the whales
performed 20 times as many dives 1-30 m in depth than to deeper waters,
with an average depth during those most common dives of approximately 3
m.
In summary, killer whales are the most rarely encountered species
in the GOM and typically occur only in particularly deep water. This
survey would take place in deep waters that would overlap with depths
in which killer whales typically occur. 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. In addition, as noted above in relation to the general
take estimation methodology, the assumed proxy source (72-element,
8,000-in\3\ array) results in a significant overestimate of the actual
potential for take to occur. NMFS' determination in reflection of the
information discussed above, which informed the final rule, is that use
of the generic acoustic exposure modeling results for killer whales
will generally result in estimated take numbers that are inconsistent
with the assumptions made in the rule regarding expected killer whale
take (86 FR 5322, January 19, 2021; 86 FR 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
[[Page 72742]]
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; 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 group
encounter (i.e., up to seven animals for killer whales).
Based on the results of our analysis, NMFS has determined that the
level of taking authorized through the LOA is consistent with the
findings made for the total taking allowable under the regulations for
the affected species or stocks of marine mammals. 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 5322, January 19, 2021; 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-mammal-stock-assessment-reports-species-stock) 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..................................... 1,043 441 2,207 20.0
Kogia spp....................................... \3\ 426 129 4,373 3.5
Beaked whales................................... 5,374 543 3,768 14.4
Rough-toothed dolphin........................... 946 271 4,853 5.6
Bottlenose dolphin.............................. 3,129 898 176,108 0.5
Clymene dolphin................................. 2,611 749 11,895 6.3
Atlantic spotted dolphin........................ 1,247 358 74,785 0.5
Pantropical spotted dolphin..................... 15,927 4,571 102,361 4.5
Spinner dolphin................................. 2,430 697 25,114 2.8
Striped dolphin................................. 1,117 321 5,229 6.1
Fraser's dolphin................................ 332 95 1,665 5.7
Risso's dolphin................................. 667 197 3,764 5.2
Melon-headed whale.............................. 1,706 503 7,003 7.2
Pygmy killer whale.............................. 524 155 2,126 7.3
False killer whale.............................. 725 214 3,204 6.7
Killer whale.................................... 7 n/a 267 2.6
Short-finned pilot whale........................ 391 115 1,981 5.8
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322 and 86 FR 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\ Includes 26 takes by Level A harassment and 400 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.
Based on the analysis contained herein of WesternGeco'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 WesternGeco authorizing the take of
[[Page 72743]]
marine mammals incidental to its geophysical survey activity, as
described above.
Dated: October 17, 2023.
Kim Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-23298 Filed 10-20-23; 8:45 am]
BILLING CODE 3510-22-P
