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]
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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices
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[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.
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SUMMARY:
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16:57 Sep 20, 2024
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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.
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[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
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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
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16:57 Sep 20, 2024
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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.
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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
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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
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16:57 Sep 20, 2024
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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:
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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