Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 82832-82834 [2023-26079]
Download as PDF
<![CDATA[
82832
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On November 14, 2023, PURIS
Proteins, LLC (the petitioner) submitted
a timely request that Commerce
postpone the preliminary determination
in the LTFV investigation.2 The
petitioner states that it requests
postponement due to concerns that
Commerce will need more time to
evaluate questionnaire responses
submitted by the mandatory
respondents and issue supplemental
questionnaires.3
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
February 7, 2023. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed.
Commerce is issuing and publishing
this notice pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: November 17, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–26031 Filed 11–24–23; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
2 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of the Preliminary Determination,’’
dated November 14, 2023.
3 Id. at 1.
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD534]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of letter of
authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Echo Offshore LLC (Echo) for the take
of marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico (GOM).
DATES: The LOA is effective from
December 1, 2023 through December 31,
2024.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: www.fisheries.noaa.gov/
action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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 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 5year 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
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
authorized under the LOA is of no more
than small numbers.
Summary of Request and Analysis
Echo plans to conduct a 2D highresolution seismic survey in Lease Block
178 (Vermillion Area). Echo plans to use
a single, 20-cubic inch airgun, in
addition to three other high-resolution
geophysical (HRG) acoustic sources.
Please see Echo’s application for
additional detail.
Consistent with the preamble to the
final rule, the survey effort proposed by
Echo in its LOA request was used to
develop LOA-specific take estimates
based on the acoustic exposure
modeling results described in the
preamble (86 FR 5322, 5398, January 19,
2021). In order to generate the
appropriate take 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.
Exposure modeling results were
generated using the single airgun proxy.
Because those results assume use of a
90-in3 airgun, the take numbers
authorized through this LOA are
considered conservative (i.e., they likely
overestimate take) due to differences in
the sound source planned for use by
Echo, as compared to those modeled for
the rule. The survey is planned to occur
for up to 2 days in Zone 2. The season
is not known in advance. Therefore, the
take estimates for each species are based
on the season that has the greater value
for the species (i.e., winter or summer).
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
82833
NMFS’ discussion of the MMPA’s small
numbers requirement provided in the
final rule (86 FR 5322, 5438, January 19,
2021).
The take numbers for authorization,
which are determined as described
above, are used by NMFS in making the
necessary small numbers
determinations, through comparison
with the best available abundance
estimates (see discussion at 86 FR 5322,
5391, January 19, 2021). For this
comparison, NMFS’ approach is to use
the maximum theoretical population,
determined through review of current
stock assessment reports (SAR; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). For the latter, for taxa
where a density surface model could be
produced, we use the maximum mean
seasonal (i.e., 3-month) abundance
prediction for purposes of comparison
as a precautionary smoothing of monthto-month fluctuations and in
consideration of a corresponding lack of
data in the literature regarding seasonal
distribution of marine mammals in the
GOM. Information supporting the small
numbers determinations is provided in
Table 1.
TABLE 1—TAKE ANALYSIS
Authorized take 1
Species
Rice’s whale 3 ......................................................................................................
Sperm whale ........................................................................................................
Kogia spp .............................................................................................................
Beaked whales ....................................................................................................
Rough-toothed dolphin ........................................................................................
Bottlenose dolphin ...............................................................................................
Clymene dolphin ..................................................................................................
Atlantic spotted dolphin .......................................................................................
Pantropical spotted dolphin .................................................................................
Spinner dolphin ....................................................................................................
Striped dolphin .....................................................................................................
Fraser’s dolphin ...................................................................................................
Risso’s dolphin .....................................................................................................
Melon-headed whale ...........................................................................................
Pygmy killer whale ...............................................................................................
False killer whale .................................................................................................
Killer whale ..........................................................................................................
Short-finned pilot whale .......................................................................................
Abundance 2
0
0
0
0
40
62
0
5 26
0
0
0
0
0
0
0
0
0
0
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
1 Scalar
n/a
n/a
n/a
n/a
n/a
0.0
n/a
0.0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
ratios were not applied in this case due to brief survey duration.
abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For Rice’s whale and the killer whale, the larger estimated SAR abundance estimate is used.
3 The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s
whale (Balaenoptera ricei) (Rosel et al., 2021).
2 Best
khammond on DSKJM1Z7X2PROD with NOTICES
Percent abundance
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.
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
2 For purposes of acoustic exposure modeling,
seasons include Winter (December–March) and
Summer (April–November).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
E:\FR\FM\27NON1.SGM
27NON1
82834
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
4 Modeled take of one decreased to zero. For rough-toothed dolphin, use of the exposure modeling produces results that are smaller than the
average GOM group size (i.e., estimated exposure value of 1, relative to assumed average group size of 14) (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 very short survey duration and small estimated exposure value NMFS has determined that it is unlikely the species would be encountered at all. As a result, in this case NMFS has not authorized
take for this species.
5 Modeled take of 13 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006).
Based on the analysis contained
herein of Echo’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
Echo authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: November 21, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–26079 Filed 11–24–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD540]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Revolution
Wind Offshore Wind Farm Project
Offshore Rhode Island
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) as amended, and implementing
regulations, notification is hereby given
that a Letter of Authorization (LOA) has
been issued to Revolution Wind, LLC
(Revolution Wind), a subsidiary wholly
owned by Orsted Wind Power North
America, LLC (Orsted), for the taking of
marine mammals incidental to the
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
construction of the Revolution Wind
Offshore Wind Farm Project.
DATES: The LOA is effective from
November 20, 2023 through November
19, 2028.
ADDRESSES: The LOA and supporting
documentation are available online at:
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Carter Esch, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) 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, regulations are promulgated
(when applicable), and public notice
and an opportunity for public comment
are provided.
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) and
will not have an unmitigable adverse
impact on the availability of the species
or stock(s) for taking for subsistence
uses (where relevant). If such findings
are made, NMFS must prescribe the
permissible methods of taking; ‘‘other
means of effecting the least practicable
adverse impact’’ on the affected species
or stocks and their habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
the species or stocks for taking for
certain subsistence uses (referred to as
‘‘mitigation’’); and requirements
pertaining to the monitoring and
reporting of such takings. The MMPA
defines ‘‘take’’ to mean harass, hunt,
capture, or kill, or attempt to harass,
hunt, capture, or kill any marine
mammal (16 U.S.C. 1362(13); 50 CFR
216.103). Level A harassment is defined
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
as any act of pursuit, torment, or
annoyance which has the potential to
injure a marine mammal or marine
mammal stock in the wild (16 U.S.C.
1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of
pursuit, torment, or annoyance which
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 (16 U.S.C.
1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the
implementing regulations at 50 CFR part
216, subpart I authorize NMFS to
propose and, if appropriate, promulgate
regulations and issue an associated
LOA(s). NMFS promulgated regulations
on October 20, 2023 (88 FR 72562) for
the taking of marine mammals
incidental to the construction of the
Revolution Wind Offshore Wind Farm
Project offshore of Rhode Island. The
LOA authorizes Revolution Wind and
those persons it authorizes or funds to
conduct activities on its behalf to take
marine mammals incidental to specified
activities during the construction of the
Project and requires them to implement
mitigation, monitoring, and reporting
requirements.
Summary of Request
On October 20, 2023, NMFS
promulgated a final rule (88 FR 72562)
responding to a request from Revolution
Wind for authorization to take marine
mammals (16 species comprising 16
stocks) by Level B harassment (all 16
stocks) and by Level A harassment (10
stocks) incidental to construction
activities occurring in Federal and State
waters off of Rhode Island, specifically
within and around the Bureau of Ocean
Energy Management (BOEM)
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS) Lease
Area OCS–A 0486 (Lease Area) and
along 2 export cable routes to sea-toshore transition points (collectively
referred to as the ‘‘Project Area’’), over
the course of 5 years (November 20,
2023 through November 19, 2028). The
activities covered under the final rule
include: the installation of 79 wind
turbine generators (WTGs) and 2
offshore substations (OSSs) on monopile
foundations by impact pile driving; the
E:\FR\FM\27NON1.SGM
27NON1
]]>Agencies
[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82832-82834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26079]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD534]
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 Echo Offshore
LLC (Echo) for the take of marine mammals incidental to geophysical
survey activity in the Gulf of Mexico (GOM).
DATES: The LOA is effective from December 1, 2023 through December 31,
2024.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: 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 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
[[Page 82833]]
authorized under the LOA is of no more than small numbers.
Summary of Request and Analysis
Echo plans to conduct a 2D high-resolution seismic survey in Lease
Block 178 (Vermillion Area). Echo plans to use a single, 20-cubic inch
airgun, in addition to three other high-resolution geophysical (HRG)
acoustic sources. Please see Echo's application for additional detail.
Consistent with the preamble to the final rule, the survey effort
proposed by Echo in its LOA request was used to develop LOA-specific
take estimates based on the acoustic exposure modeling results
described in the preamble (86 FR 5322, 5398, January 19, 2021). In
order to generate the appropriate take 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).
---------------------------------------------------------------------------
Exposure modeling results were generated using the single airgun
proxy. Because those results assume use of a 90-in\3\ airgun, the take
numbers authorized through this LOA are considered conservative (i.e.,
they likely overestimate take) due to differences in the sound source
planned for use by Echo, as compared to those modeled for the rule. The
survey is planned to occur for up to 2 days in Zone 2. The season is
not known in advance. Therefore, the take estimates for each species
are based on the season that has the greater value for the species
(i.e., winter or summer).
Based on the results of our analysis, NMFS has determined that the
level of taking expected for this survey and authorized through the LOA
is consistent with the findings made for the total taking allowable
under the regulations. See Table 1 in this notice and Table 9 of the
rule (86 FR 5322, January 19, 2021).
Small Numbers Determination
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small. For more information please see NMFS'
discussion of the MMPA's small numbers requirement provided in the
final rule (86 FR 5322, 5438, January 19, 2021).
The take numbers for authorization, which are determined as
described above, are used by NMFS in making the necessary small numbers
determinations, through comparison with the best available abundance
estimates (see discussion at 86 FR 5322, 5391, January 19, 2021). For
this comparison, NMFS' approach is to use the maximum theoretical
population, determined through review of current stock assessment
reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and model-predicted
abundance information (https://seamap.env.duke.edu/models/Duke/GOM/).
For the latter, for taxa where a density surface model could be
produced, we use the maximum mean seasonal (i.e., 3-month) abundance
prediction for purposes of comparison as a precautionary smoothing of
month-to-month fluctuations and in consideration of a corresponding
lack of data in the literature regarding seasonal distribution of
marine mammals in the GOM. Information supporting the small numbers
determinations is provided in Table 1.
Table 1--Take Analysis
----------------------------------------------------------------------------------------------------------------
Authorized take
Species \1\ Abundance \2\ Percent abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale \3\.................................... 0 51 n/a
Sperm whale......................................... 0 2,207 n/a
Kogia spp........................................... 0 4,373 n/a
Beaked whales....................................... 0 3,768 n/a
Rough-toothed dolphin............................... \4\ 0 4,853 n/a
Bottlenose dolphin.................................. 62 176,108 0.0
Clymene dolphin..................................... 0 11,895 n/a
Atlantic spotted dolphin............................ \5\ 26 74,785 0.0
Pantropical spotted dolphin......................... 0 102,361 n/a
Spinner dolphin..................................... 0 25,114 n/a
Striped dolphin..................................... 0 5,229 n/a
Fraser's dolphin.................................... 0 1,665 n/a
Risso's dolphin..................................... 0 3,764 n/a
Melon-headed whale.................................. 0 7,003 n/a
Pygmy killer whale.................................. 0 2,126 n/a
False killer whale.................................. 0 3,204 n/a
Killer whale........................................ 0 267 n/a
Short-finned pilot whale............................ 0 1,981 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were not applied in this case due to brief survey duration.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Roberts et al., 2016). For those taxa where
a density surface model predicting abundance by month was produced, the maximum mean seasonal abundance was
used. For those taxa where abundance is not predicted by month, only mean annual abundance is available. For
Rice's whale and the killer whale, the larger estimated SAR abundance estimate is used.
\3\ The final rule refers to the GOM Bryde's whale (Balaenoptera edeni). These whales were subsequently
described as a new species, Rice's whale (Balaenoptera ricei) (Rosel et al., 2021).
[[Page 82834]]
\4\ Modeled take of one decreased to zero. For rough-toothed dolphin, use of the exposure modeling produces
results that are smaller than the average GOM group size (i.e., estimated exposure value of 1, relative to
assumed average group size of 14) (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 very short survey
duration and small estimated exposure value NMFS has determined that it is unlikely the species would be
encountered at all. As a result, in this case NMFS has not authorized take for this species.
\5\ Modeled take of 13 increased to account for potential encounter with a group of average size (Maze-Foley and
Mullin, 2006).
Based on the analysis contained herein of Echo'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 Echo authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: November 21, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-26079 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-22-P
