Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 68141-68143 [2024-18941]
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Notices
ADDRESSES:
Webinar registration URL
information: https://nefmc-org.zoom.us/
meeting/register/tJwkcqhqT4qE9dgYxU4LLUJWqBRH432JtGQ.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Cate
[FR Doc. 2024–18887 Filed 8–22–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
O’Keefe, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
National Oceanic and Atmospheric
Administration
SUPPLEMENTARY INFORMATION:
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
Agenda
The Monkfish Committee and
Advisory panel will meet to review and
discuss the 2024 Monkfish Fishery
Performance draft report. They will
review the non-regulatory
improvements made to the Monkfish
Research Set-Aside (RSA) program to
date, based on recommendations of the
2023 Monkfish RSA Working Group.
The group will receive an update from
the 2023–2024 Monkfish RSA project
participants including an overview of
work to date and an opportunity to
provide feedback to the project
participants. The Committee and
Advisory Panel will also discuss the
possibility of recommending a pause to
the Monkfish RSA RFP solicitation until
the program’s underlying economic and
programmatic issues are addressed.
Other business may be discussed, as
necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
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Dated: August 19, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Cate
O’Keefe, Executive Director, at (978)
465–0492, at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of letter of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to CCG for the take of marine mammals
incidental to geophysical survey activity
in the Gulf of Mexico (GOM).
DATES: The LOA is effective from
August 15, 2024 through July 31, 2025.
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).
SUMMARY:
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
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68141
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 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, and became
effective on April 19, 2021.
The regulations at 50 CFR 217.180
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
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217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
authorized under the LOA is of no more
than small numbers.
NMFS subsequently discovered that
the 2021 rule was based on erroneous
take estimates. We conducted another
rulemaking using correct take estimates
and other newly available and pertinent
information relevant to the analyses
supporting some of the findings in the
2021 final rule and the taking allowable
under the regulations. We issued a final
rule in April 2024, effective May 24,
2024 (89 FR 31488, April 24, 2024).
The 2024 final rule made no changes
to the specified activities or the
specified geographical region in which
those activities would be conducted, nor
to the original 5-year period of
effectiveness. In consideration of the
new information, the 2024 rule
presented new analyses supporting
affirmance of the negligible impact
determinations for all species, and
affirmed that the existing regulations,
which contain mitigation, monitoring,
and reporting requirements, are
consistent with the ‘‘least practicable
adverse impact’’ (LPAI) standard of the
MMPA.
Summary of Request and Analysis
CGG plans to conduct a threedimensional (3D) ocean bottom node
(OBN) survey over 1,840 lease blocks in
the Garden Banks and Keathley Canyon
areas, with water depths ranging from
approximately 1,000 to 3,200 meters
(m). See section F of the LOA
application for a map of the area.
CGG anticipates using two dualsource vessels, and would preferentially
use the low-frequency tuned pulse
source (TPS). Alternatively, CGG may
use conventional airgun array sources
consisting of 42 elements with a total
volume of 5,220 cubic inches (in3).
Please see CGG’s application for
additional detail.
The TPS was not included in the
acoustic exposure modeling developed
in support of the rule. However, the TPS
was previously described and evaluated
in support of previous LOAs and we
rely on those analyses here (86 FR
37309, 37310; July 15, 2021; see also 87
FR 55790, 55791; September 12, 2022).
For additional detail regarding sources,
see section C of the LOA application.
Based on this information we have
determined there will be no effects of a
magnitude or intensity different from
those evaluated in support of the rule.
NMFS therefore expects that use of
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modeling results supporting the final
rule relating to use of the 32 element,
5,110 in3 airgun array are expected to be
conservative as a proxy for use in
evaluating potential impacts of use of
the TPS.
Consistent with the preamble to the
final rule, the survey effort proposed by
CGG in its LOA request was used to
develop LOA-specific take estimates
based on the acoustic exposure
modeling results described in the
preamble (89 FR 31488, April 24, 2024).
In order to generate the appropriate take
number for authorization, the following
information was considered: (1) survey
type; (2) location (by modeling zone 1);
(3) number of days; (4) source; and (5)
month.2 In this case, the 5,110 in3
airgun array was selected, as discussed
above. The acoustic exposure modeling
performed in support of the rule
provides 24-hour exposure estimates for
each species, specific to each modeled
source and survey type in each zone and
month.
No 3D OBN surveys were included in
the modeled survey types, and use of
existing proxies (i.e., 2D, 3D NAZ, 3D
WAZ, Coil) is generally conservative for
use in evaluation of 3D OBN survey
effort, largely due to the greater area
covered by the modeled proxies.
Summary descriptions of these modeled
survey geometries are available in the
preamble to the proposed rule (83 FR
29212, 29220, June 22, 2018). Coil was
selected as the best available proxy
survey type in this case because the
spatial coverage of the planned survey
is most similar to the coil survey
pattern. The planned OBN survey will
involve two source vessels sailing along
closely spaced survey lines, with daily
survey area coverage of approximately
144 kilometers squared (km2) per day,
similar to that assumed for the coil
survey proxy. 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
CGG is not proposing to perform a
survey using the coil geometry, the coil
proxy is most representative of the effort
planned by CGG in terms of predicted
Level B harassment exposures.
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 Acoustic propagation modeling was performed
for two seasons: Winter (December–March) and
Summer (April–November). Marine mammal
density data is generally available on a monthly
basis, and therefore further refines take estimates
temporally.
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The survey will take place over
approximately 115 days with 65 days of
sound source operation, with 40 days
planned in Zone 5 and 25 days planned
in Zone 6. The monthly distribution of
survey days is not known in advance,
though we assume that the planned 65
days of source operation would occur
contiguously. Take estimates for each
species are based on the time period
that produces the greatest value.
For the Rice’s whale, 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
modeling zone. Thus, although the
modeling conducted for the rule is a
natural starting point for estimating
take, the rule acknowledged that other
information could be considered (see,
e.g., 86 FR 5442, January 19, 2021,
discussing the need to provide
flexibility and make efficient use of
previous public and agency review of
other information and identifying that
additional public review is not
necessary unless the model or inputs
used differ substantively from those that
were previously reviewed by NMFS and
the public). For this survey, NMFS has
other relevant information reviewed
during the rulemaking that indicates use
of the acoustic exposure modeling to
generate a take estimate may produce
results inconsistent with what is known
regarding their occurrence in the GOM.
Accordingly, we have adjusted the
calculated take estimates as described
below.
NMFS’ 2024 final rule provided
detailed discussion regarding Rice’s
whale habitat (see, e.g., 89 FR 31508,
31519). In summary, recent survey data,
sightings, and acoustic data support
Rice’s whale occurrence in waters
throughout the GOM between
approximately 100 m and 400 m depth
along the continental shelf break, and
associated habitat-based density
modeling has identified similar habitat
(i.e., approximately 100 to 400 m water
depths along the continental shelf
break) as being Rice’s whale habitat
(Garrison et al., 2023; Soldevilla et al.,
2022, 2024).
Although Rice’s whales may occur
outside of the general depth range
expected to provide suitable habitat, we
expect that any such occurrence would
be rare. CGG’s planned activities will
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occur in water depths of approximately
1,000 to 3,200 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.
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 6 of the rule (89 FR 31488,
April 24, 2024).
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 (see 89 FR 31535, May 24, 2024).
For more information please see NMFS’
discussion of small numbers in the 2021
final rule (86 FR 5438, January 19,
2021).
The take numbers for authorization
are determined as described above in
the Summary of Request and Analysis
section. Subsequently, the total
incidents of harassment for each species
are multiplied by scalar ratios to
produce a derived product that better
reflects the number of individuals likely
to be taken within a survey (as
compared to the total number of
instances of take), accounting for the
likelihood that some individual marine
mammals may be taken on more than 1
day (see 86 FR 5404, January 19, 2021).
The output of this scaling, where
appropriate, is incorporated into
adjusted total take estimates that are the
basis for NMFS’ small numbers
determinations, as depicted in table 1.
This product is used by NMFS in
making the necessary small numbers
determinations through comparison
with the best available abundance
estimates (see discussion at 86 FR 5391,
January 19, 2021). For this comparison,
NMFS’ approach is to use the maximum
theoretical population, determined
through review of current stock
assessment reports (SAR; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/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 .................................................................................................
Blackfish 4 .........................................................................................................
Short-finned pilot whale ...................................................................................
0
572
3 196
1,354
1,471
1,986
1,553
1,702
12,124
188
2,246
554
468
3,514
1,305
Scaled take 1
Abundance 2
n/a
241.8
59.6
136.8
422.2
570.0
445.7
488.5
3,479.5
53.9
644.7
158.9
138.2
1,036.5
384.9
Percent
abundance
51
3,007
980
803
4,853
165,125
4,619
21,506
67,225
5,548
5,634
1,665
1,974
6,113
2,741
n/a
8.0
7.1
17.0
8.7
0.3
9.6
2.3
5.2
1.0
11.4
9.5
7.0
17.0
14.0
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1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Garrison et al., 2023). For Rice’s whale, Atlantic spotted dolphin, and Risso’s dolphin, the larger estimated
SAR abundance estimate is used.
3 Includes 10 takes by Level A harassment and 186 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.
4 The ‘‘blackfish’’ guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales.
Based on the analysis contained
herein of CGG’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
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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
CGG authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: August 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE203]
North Pacific Fishery Management
Council; Public Meeting
[FR Doc. 2024–18941 Filed 8–22–24; 8:45 am]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
BILLING CODE 3510–22–P
ACTION:
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AGENCY:
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Pages 68141-68143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18941]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE122]
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.
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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 CCG for the
take of marine mammals incidental to geophysical survey activity in the
Gulf of Mexico (GOM).
DATES: The LOA is effective from August 15, 2024 through July 31, 2025.
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 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, and became effective on April 19, 2021.
The regulations at 50 CFR 217.180 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
[[Page 68142]]
217.186(e), issuance of an LOA shall be based on a determination that
the level of taking will be consistent with the findings made for the
total taking allowable under these regulations and a determination that
the amount of take authorized under the LOA is of no more than small
numbers.
NMFS subsequently discovered that the 2021 rule was based on
erroneous take estimates. We conducted another rulemaking using correct
take estimates and other newly available and pertinent information
relevant to the analyses supporting some of the findings in the 2021
final rule and the taking allowable under the regulations. We issued a
final rule in April 2024, effective May 24, 2024 (89 FR 31488, April
24, 2024).
The 2024 final rule made no changes to the specified activities or
the specified geographical region in which those activities would be
conducted, nor to the original 5-year period of effectiveness. In
consideration of the new information, the 2024 rule presented new
analyses supporting affirmance of the negligible impact determinations
for all species, and affirmed that the existing regulations, which
contain mitigation, monitoring, and reporting requirements, are
consistent with the ``least practicable adverse impact'' (LPAI)
standard of the MMPA.
Summary of Request and Analysis
CGG plans to conduct a three-dimensional (3D) ocean bottom node
(OBN) survey over 1,840 lease blocks in the Garden Banks and Keathley
Canyon areas, with water depths ranging from approximately 1,000 to
3,200 meters (m). See section F of the LOA application for a map of the
area.
CGG anticipates using two dual-source vessels, and would
preferentially use the low-frequency tuned pulse source (TPS).
Alternatively, CGG may use conventional airgun array sources consisting
of 42 elements with a total volume of 5,220 cubic inches (in\3\).
Please see CGG's application for additional detail.
The TPS was not included in the acoustic exposure modeling
developed in support of the rule. However, the TPS was previously
described and evaluated in support of previous LOAs and we rely on
those analyses here (86 FR 37309, 37310; July 15, 2021; see also 87 FR
55790, 55791; September 12, 2022). For additional detail regarding
sources, see section C of the LOA application. Based on this
information we have determined there will be no effects of a magnitude
or intensity different from those evaluated in support of the rule.
NMFS therefore expects that use of modeling results supporting the
final rule relating to use of the 32 element, 5,110 in\3\ airgun array
are expected to be conservative as a proxy for use in evaluating
potential impacts of use of the TPS.
Consistent with the preamble to the final rule, the survey effort
proposed by CGG in its LOA request was used to develop LOA-specific
take estimates based on the acoustic exposure modeling results
described in the preamble (89 FR 31488, April 24, 2024). In order to
generate the appropriate take number for authorization, the following
information was considered: (1) survey type; (2) location (by modeling
zone \1\); (3) number of days; (4) source; and (5) month.\2\ In this
case, the 5,110 in\3\ airgun array was selected, as discussed above.
The acoustic exposure modeling performed in support of the rule
provides 24-hour exposure estimates for each species, specific to each
modeled source and survey type in each zone and month.
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\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\ Acoustic propagation modeling was performed for two seasons:
Winter (December-March) and Summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No 3D OBN surveys were included in the modeled survey types, and
use of existing proxies (i.e., 2D, 3D NAZ, 3D WAZ, Coil) is generally
conservative for use in evaluation of 3D OBN survey effort, largely due
to the greater area covered by the modeled proxies. Summary
descriptions of these modeled survey geometries are available in the
preamble to the proposed rule (83 FR 29212, 29220, June 22, 2018). Coil
was selected as the best available proxy survey type in this case
because the spatial coverage of the planned survey is most similar to
the coil survey pattern. The planned OBN survey will involve two source
vessels sailing along closely spaced survey lines, with daily survey
area coverage of approximately 144 kilometers squared (km\2\) per day,
similar to that assumed for the coil survey proxy. 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 CGG
is not proposing to perform a survey using the coil geometry, the coil
proxy is most representative of the effort planned by CGG in terms of
predicted Level B harassment exposures.
The survey will take place over approximately 115 days with 65 days
of sound source operation, with 40 days planned in Zone 5 and 25 days
planned in Zone 6. The monthly distribution of survey days is not known
in advance, though we assume that the planned 65 days of source
operation would occur contiguously. Take estimates for each species are
based on the time period that produces the greatest value.
For the Rice's whale, 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 modeling zone. Thus, although the modeling conducted for
the rule is a natural starting point for estimating take, the rule
acknowledged that other information could be considered (see, e.g., 86
FR 5442, January 19, 2021, discussing the need to provide flexibility
and make efficient use of previous public and agency review of other
information and identifying that additional public review is not
necessary unless the model or inputs used differ substantively from
those that were previously reviewed by NMFS and the public). For this
survey, NMFS has other relevant information reviewed during the
rulemaking that indicates use of the acoustic exposure modeling to
generate a take estimate may produce results inconsistent with what is
known regarding their occurrence in the GOM. Accordingly, we have
adjusted the calculated take estimates as described below.
NMFS' 2024 final rule provided detailed discussion regarding Rice's
whale habitat (see, e.g., 89 FR 31508, 31519). In summary, recent
survey data, sightings, and acoustic data support Rice's whale
occurrence in waters throughout the GOM between approximately 100 m and
400 m depth along the continental shelf break, and associated habitat-
based density modeling has identified similar habitat (i.e.,
approximately 100 to 400 m water depths along the continental shelf
break) as being Rice's whale habitat (Garrison et al., 2023; Soldevilla
et al., 2022, 2024).
Although Rice's whales may occur outside of the general depth range
expected to provide suitable habitat, we expect that any such
occurrence would be rare. CGG's planned activities will
[[Page 68143]]
occur in water depths of approximately 1,000 to 3,200 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.
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 6 of the
rule (89 FR 31488, April 24, 2024).
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 (see 89 FR 31535, May 24, 2024). For
more information please see NMFS' discussion of small numbers in the
2021 final rule (86 FR 5438, January 19, 2021).
The take numbers for authorization are determined as described
above in the Summary of Request and Analysis section. Subsequently, the
total incidents of harassment for each species are multiplied by scalar
ratios to produce a derived product that better reflects the number of
individuals likely to be taken within a survey (as compared to the
total number of instances of take), accounting for the likelihood that
some individual marine mammals may be taken on more than 1 day (see 86
FR 5404, January 19, 2021). The output of this scaling, where
appropriate, is incorporated into adjusted total take estimates that
are the basis for NMFS' small numbers determinations, as depicted in
table 1.
This product is used by NMFS in making the necessary small numbers
determinations through comparison with the best available abundance
estimates (see discussion at 86 FR 5391, January 19, 2021). For this
comparison, NMFS' approach is to use the maximum theoretical
population, determined through review of current stock assessment
reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and model-predicted
abundance information (https://seamap.env.duke.edu/models/Duke/GOM/).
Information supporting the small numbers determinations is provided in
table 1.
Table 1--Take Analysis
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Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
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Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 572 241.8 3,007 8.0
Kogia spp....................................... \3\ 196 59.6 980 7.1
Beaked whales................................... 1,354 136.8 803 17.0
Rough-toothed dolphin........................... 1,471 422.2 4,853 8.7
Bottlenose dolphin.............................. 1,986 570.0 165,125 0.3
Clymene dolphin................................. 1,553 445.7 4,619 9.6
Atlantic spotted dolphin........................ 1,702 488.5 21,506 2.3
Pantropical spotted dolphin..................... 12,124 3,479.5 67,225 5.2
Spinner dolphin................................. 188 53.9 5,548 1.0
Striped dolphin................................. 2,246 644.7 5,634 11.4
Fraser's dolphin................................ 554 158.9 1,665 9.5
Risso's dolphin................................. 468 138.2 1,974 7.0
Blackfish \4\................................... 3,514 1,036.5 6,113 17.0
Short-finned pilot whale........................ 1,305 384.9 2,741 14.0
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Garrison et al., 2023). For Rice's whale,
Atlantic spotted dolphin, and Risso's dolphin, the larger estimated SAR abundance estimate is used.
\3\ Includes 10 takes by Level A harassment and 186 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.
\4\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of CGG'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 CGG authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: August 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-18941 Filed 8-22-24; 8:45 am]
BILLING CODE 3510-22-P
