Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 77475-77477 [2024-21612]

Download as PDF Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices the public may also submit written comments to the NAIAC at any time. Virtual Meeting Registration Instructions: The meeting will be broadcast via web conference. Registration is required to view the web conference. Instructions on how to register will be made available https:// www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac. Registration will remain open until the conclusion of the meeting. In-Person Admittance Instruction: Limited space is available on a firstcome, first-served basis for anyone who wishes to attend in person. Registration is required for in-person attendance. Registration details will be posted on the NAIAC Upcoming Meeting Page on the NIST website at https:// www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac. Registration for in-person attendance will close at 5 p.m. Pacific time on Tuesday, October 8, 2024, or if the space is full. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2024–21635 Filed 9–20–24; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE300] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The New England Fishery Management Council (Council) is holding a hybrid meeting of its Scientific and Statistical Committee (SSC) to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Wednesday, October 9, 2024, beginning at 9 a.m. ADDRESSES: Meeting address: This meeting will be held at the Hilton Providence, 21 Atwells Avenue, Providence, RI 02903; telephone: (401) 831–3900. Webinar Registration information: https://nefmc-org.zoom.us/webinar/ register/WN_PcPsOJlDT3K-IgFdnfJZfA. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:57 Sep 20, 2024 Jkt 262001 Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950 Cate O’Keefe, Ph.D., Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. FOR FURTHER INFORMATION CONTACT: 77475 Dated: September 18, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–21692 Filed 9–20–24; 8:45 am] BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Agenda National Oceanic and Atmospheric Administration The Scientific and Statistical Committee (SSC) will meet to review the information provided by the Council’s Scallop Plan Development Team (PDT) and recommend the overfishing limits (OFL) and acceptable biological catches (ABC) for Atlantic sea scallops for fishing years (FY) 2025– 2026. They will also review the information provided by the Council’s Groundfish PDT, review stock assessment information and recommend the OFLs and ABCs for witch flounder for FY 2025–2027. The SSC will review draft outcomes of the 8th National Workshop of the Council Coordination Committee’s Scientific and Statistical Subcommittee held in August 2024 and discuss potential next steps for the SSC. They also plan to review outcomes of the May 2024 workshop on Implementing Social Science Methods for Fisheries DecisionMaking, discuss a proposal for a formal committee on social science; discuss potential next steps for the SSC. Other business will 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 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 [RTID 0648–XE282] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of letter of authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS’ MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that NMFS has issued a Letter of Authorization (LOA) to LLOG Exploration Offshore, LLC (LLOG) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico (GOM). SUMMARY: The LOA is effective from September 16, 2024, through April 19, 2026. ADDRESSES: The LOA, LOA request, and supporting documentation are available online at: https:// www.fisheries.noaa.gov/action/ incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT section). FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of Protected Resources, NMFS, (301) 427– 8401. SUPPLEMENTARY INFORMATION: DATES: 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 E:\FR\FM\23SEN1.SGM 23SEN1 khammond on DSKJM1Z7X2PROD with NOTICES 77476 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 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 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 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 VerDate Sep<11>2014 16:57 Sep 20, 2024 Jkt 262001 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 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’’ standard of the MMPA. Summary of Request and Analysis LLOG plans to conduct a Zero Offset, Offset, or Walkaway vertical seismic profile (VSP), Salt Proximity Survey, and/or Checkshot survey in lease block OCS–G 36103 AC 337, with water depths ranging from approximately 1,200 to 1,500 meters (m). LLOG plans to use either a 12-element, 2,400 cubic inch (in3) airgun array, or a 6-element, 1,500 in3 airgun array. See section G of the LOA application for a map of the area. Consistent with the preamble to the final rule, the survey effort proposed by LLOG 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) 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 month.2 In this case, the 4,130 in3 airgun array was selected. 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 VSP 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 VSP 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 2018 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. For the planned survey, the seismic source array will be deployed in one of the following forms: Zero Offset VSP— deployed from a drilling rig at or near the borehole, with the seismic receivers (i.e., geophones) deployed in the borehole on wireline at specified depth intervals; Offset VSP—in a fixed position deployed from a supply vessel on an offset position; Walkaway VSP— attached to a line, or a series of lines, towed by a supply vessel; 3D VSP— source moves along a spiral or line swaths towed by a supply vessel; SaltProximity—consists typically of a combination of both Zero Offset VSP plus a fixed Offset VSP; or Checkshot— similar to Zero Offset VSP, typically hung from a platform and a sensor placed at a few depths in the well, where only the first energy arrival is recorded. The coil survey pattern in the model 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. Because LLOG’s planned survey is expected to cover no additional area as a stationary source, the coil proxy is most 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. E:\FR\FM\23SEN1.SGM 23SEN1 77477 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices representative of the effort planned by LLOG in terms of predicted Level B harassment. The survey will take place over approximately 5 days in zone 6. The monthly distribution of survey days is not known in advance. Take estimates for each species are based on the month that produces the greatest value. Based on the results of our analysis, NMFS has determined that the level of taking expected for this survey and authorized through the LOA is consistent with the findings made for the total taking allowable under the regulations. See table 1 in this notice and table 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 (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, 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/). Information supporting the small numbers determinations is provided in table 1. TABLE 1—TAKE ANALYSIS 1 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 6 .................................................................................................................................... Short-finned pilot whale ............................................................................................................... Abundance 2 0 38 3 15 15 103 154 190 248 751 40 112 5 65 28 296 153 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 1.3 1.5 1.9 2.1 0.1 4.1 1.2 1.1 n/a 2.0 3.9 1.4 4.8 5.6 1 Scalar 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 (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 1 take by Level A harassment and 14 takes by Level B harassment. Small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take. 4 Modeled take of 1 rounded down to 0. 5 Modeled take of 41 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006). 6 The ‘‘blackfish’’ guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales. 2 Best khammond on DSKJM1Z7X2PROD with NOTICES Based on the analysis contained herein of LLOG’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. LOA is of no more than small numbers. Accordingly, we have issued an LOA to LLOG authorizing the take of marine mammals incidental to its geophysical survey activity, as described above. Dated: September 17, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–21612 Filed 9–20–24; 8:45 am] BILLING CODE 3510–22–P 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 VerDate Sep<11>2014 16:57 Sep 20, 2024 Jkt 262001 PO 00000 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE290] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting. SUMMARY: Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77475-77477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21612]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE282]


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 NMFS has issued a Letter of Authorization (LOA) to LLOG 
Exploration Offshore, LLC (LLOG) for the take of marine mammals 
incidental to geophysical survey activity in the Gulf of Mexico (GOM).

DATES: The LOA is effective from September 16, 2024, through April 19, 
2026.

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 section).

FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of 
Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who

[[Page 77476]]

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 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 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'' standard of 
the MMPA.

Summary of Request and Analysis

    LLOG plans to conduct a Zero Offset, Offset, or Walkaway vertical 
seismic profile (VSP), Salt Proximity Survey, and/or Checkshot survey 
in lease block OCS-G 36103 AC 337, with water depths ranging from 
approximately 1,200 to 1,500 meters (m). LLOG plans to use either a 12-
element, 2,400 cubic inch (in\3\) airgun array, or a 6-element, 1,500 
in\3\ airgun array. See section G of the LOA application for a map of 
the area.
    Consistent with the preamble to the final rule, the survey effort 
proposed by LLOG 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 4,130 in\3\ airgun array was selected. 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    No VSP 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 VSP 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 2018 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.
    For the planned survey, the seismic source array will be deployed 
in one of the following forms: Zero Offset VSP--deployed from a 
drilling rig at or near the borehole, with the seismic receivers (i.e., 
geophones) deployed in the borehole on wireline at specified depth 
intervals; Offset VSP--in a fixed position deployed from a supply 
vessel on an offset position; Walkaway VSP--attached to a line, or a 
series of lines, towed by a supply vessel; 3D VSP--source moves along a 
spiral or line swaths towed by a supply vessel; Salt-Proximity--
consists typically of a combination of both Zero Offset VSP plus a 
fixed Offset VSP; or Checkshot--similar to Zero Offset VSP, typically 
hung from a platform and a sensor placed at a few depths in the well, 
where only the first energy arrival is recorded. The coil survey 
pattern in the model 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. Because LLOG's planned survey is expected to cover 
no additional area as a stationary source, the coil proxy is most

[[Page 77477]]

representative of the effort planned by LLOG in terms of predicted 
Level B harassment.
    The survey will take place over approximately 5 days in zone 6. The 
monthly distribution of survey days is not known in advance. Take 
estimates for each species are based on the month that produces the 
greatest value.
    Based on the results of our analysis, NMFS has determined that the 
level of taking expected for this survey and authorized through the LOA 
is consistent with the findings made for the total taking allowable 
under the regulations. See table 1 in this notice and table 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 (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, 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/). Information supporting the small 
numbers determinations is provided in table 1.

                                           Table 1--Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
                                                                    Authorized                        Percent
                             Species                                   take        Abundance \2\     abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale....................................................               0              51             n/a
Sperm whale.....................................................              38           3,007             1.3
Kogia spp.......................................................          \3\ 15             980             1.5
Beaked whales...................................................              15             803             1.9
Rough-toothed dolphin...........................................             103           4,853             2.1
Bottlenose dolphin..............................................             154         165,125             0.1
Clymene dolphin.................................................             190           4,619             4.1
Atlantic spotted dolphin........................................             248          21,506             1.2
Pantropical spotted dolphin.....................................             751          67,225             1.1
Spinner dolphin.................................................           \4\ 0           5,548             n/a
Striped dolphin.................................................             112           5,634             2.0
Fraser's dolphin................................................          \5\ 65           1,665             3.9
Risso's dolphin.................................................              28           1,974             1.4
Blackfish \6\...................................................             296           6,113             4.8
Short-finned pilot whale........................................             153           2,741             5.6
----------------------------------------------------------------------------------------------------------------
\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 (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 1 take by Level A harassment and 14 takes by Level B harassment. Small numbers determination made
  on basis of scaled Level B harassment take plus authorized Level A harassment take.
\4\ Modeled take of 1 rounded down to 0.
\5\ Modeled take of 41 increased to account for potential encounter with a group of average size (Maze-Foley and
  Mullin, 2006).
\6\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
  whales.

    Based on the analysis contained herein of LLOG'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 LLOG authorizing the take of marine mammals 
incidental to its geophysical survey activity, as described above.

    Dated: September 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-21612 Filed 9-20-24; 8:45 am]
BILLING CODE 3510-22-P
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