Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 83464-83466 [2024-23839]
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices
TABLE 6—PROPOSED UPDATED SHUTDOWN ZONES—Continued
Shutdown zone
for all species
(m)
Pile type and method
Steel Shell Pile 36 inch, Vibratory ..............................................................................................
Change from initial IHA
40
Increased 10 m.
30
20
10
20
No
No
No
No
Sediment Pins
14141414-
to
to
to
to
16-inch
16-inch
16-inch
16-inch
Timber, Vibratory .................................................................................................
Timber, Impact .....................................................................................................
Composite, Vibratory ...........................................................................................
Composite, Impact ...............................................................................................
Comments and Responses
As noted previously, NMFS published
a notice of a proposed IHA (88 FR
82836, November 27, 2023) and
solicited public comments on both our
proposal to issue the initial IHA for
PG&E’s sediment remediation project
and on the potential for a renewal IHA,
should certain requirements be met.
All public comments were addressed
in the notice announcing the issuance of
the initial IHA (89 FR 5865, January 30,
2024) and none of the comments
specifically pertained to the renewal
IHA.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Determinations
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed for authorization or
expected to result from this activity.
Therefore, NMFS has determined that
formal consultation under section 7 of
the ESA is not required for this action.
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. This includes
consideration of the estimated
abundance of the Eastern stock of the
Steller sea lion decreasing, updated
analysis reflecting the 2024 Technical
Guidance, and corresponding updates to
required shutdown zones. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) the
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
PG&E’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
Dated: October 9, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Endangered Species Act
[FR Doc. 2024–23797 Filed 10–15–24; 8:45 am]
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
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Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a renewal IHA to PG&E for conducting
pile driving activities associated with
the Sediment Remediation Project in
San Francisco Bay, California from May
1, 2025, to April 30, 2026, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed and final initial IHA can be
found at https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-pacificgas-electric-sediment-remediationproject-san. We request comment on our
analyses, the proposed renewal IHA,
and any other aspect of this notice.
Please include with your comments any
supporting data or literature citations to
help inform our final decision on the
request for MMPA authorization.
PO 00000
change.
change.
change.
change.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE351]
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 modification to
expiration date 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 (GOM),
notification is hereby given that NMFS
has modified the expiration date of a
Letter of Authorization (LOA) issued to
Murphy Exploration and Production
Company (Murphy) for the take of
marine mammals incidental to
geophysical survey activity in the GOM.
DATES: This LOA is effective through
January 31, 2025.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://
www.fisheries.noaa.gov/marinemammal-protection/issued-lettersauthorization-oil-and-gas-industrygeophysical-survey. In case of problems
accessing these documents, please call
the contact listed below (FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices
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 5year period will have a negligible
impact on the affected species or
stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of those species or
stocks for subsistence uses. The rule
became effective on April 19, 2021.
Our regulations at 50 CFR 217.180 et
seq. allow for the issuance of LOAs to
industry operators for the incidental
take of marine mammals during
geophysical survey activities and
VerDate Sep<11>2014
16:43 Oct 15, 2024
Jkt 265001
prescribe the permissible methods of
taking and other means of effecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat (often referred to as
mitigation), as well as requirements
pertaining to the monitoring and
reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
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.
NMFS issued a LOA to Murphy on
March 20, 2024, for the take of marine
mammals incidental to a threedimensional (3D) ocean bottom node
survey in the Green Canyon protraction
areas, including approximately 44 lease
blocks, effective April 1, 2024, through
October 31, 2024. Please see the Federal
Register notice of issuance (89 FR
20946, March 26, 2024) for additional
detail regarding the LOA and the survey
activity.
Murphy has requested that the
October 31, 2024, expiration date be
extended to January 31, 2025, due to
survey delays (the survey has not
begun). Since we issued the LOA to
Murphy, we have updated the final rule
to include corrected take estimates and
new information as discussed above;
therefore, we have updated the
authorized take numbers accordingly
based on this new information. There
are no changes to the planned survey, as
described in the previous notice of
issuance (89 FR 20946, March 26, 2024),
PO 00000
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83465
including the planned location and
duration of the survey.
As discussed in the previous notice of
issuance (89 FR 20946, March 26, 2024),
no 3D OBN surveys were included in
the modeled survey types, thus the coil
proxy was selected. Murphy plans to
cover approximately 25.6 square
kilometers (km2) per day compared to
the 144 km2 in the coil proxy, and
although Murphy is not proposing to
perform a survey using the coil
geometry, the coil proxy is most
representative of the effort planned by
Murphy in terms of predicted Level B
harassment exposures. Additionally,
Murphy plans to use a 28-element,
5,230 cubic inch (in3) airgun array and
therefore the 5,110 in3 proxy was
selected.
The survey will take place over
approximately 44 days with 40 days of
sound source operation, all planned in
Zone 5. The monthly distribution of
survey days is not known in advance,
though we assume that the planned 40
days of source operation would occur
contiguously. Take estimates for each
species are based on the time period
that produces the greatest value. There
are no other changes to Murphy’s
planned activity.
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.
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices
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. Murphy’s planned activities
will occur in water depths of
approximately 914 to 3,372 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.
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 ...............................................................................................
Scaled take 1
Abundance 2
n/a
155
36
128
268
332
168
99
2,302
53
478
98
92
593
139
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
0
366
3 117
1,271
932
1,156
583
345
8,022
185
1,667
342
311
2,009
470
Percent
abundance
0
5.2
4.3
16.0
5.5
0.2
3.6
0.5
3.4
1.0
8.5
5.9
4.6
9.7
5.1
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322 and 86 FR 5404 (January 19, 2021) to derive scaled take
numbers shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Garrison et al., 2023). For Rice’s whale, Atlantic spotted dolphin, and Risso’s dolphin, the larger SAR abundance estimate is used.
3 Includes 6 takes by Level A harassment and 111 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.
lotter on DSK11XQN23PROD with NOTICES1
Authorization
NMFS has changed the expiration
date of the LOA from October 30, 2024,
to January 31, 2025 and updated
authorized take numbers based on the
corrected information in the updated
rule. There are no other changes to the
LOA as described in the March 26,
2024, Federal Register notice of
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16:43 Oct 15, 2024
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issuance (89 FR 20946): the specified
survey activity, and small numbers
analysis and determination remain
unchanged and are incorporated here by
reference.
PO 00000
Dated: October 10, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–23839 Filed 10–15–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83464-83466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23839]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE351]
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 modification to expiration date 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 (GOM), notification is hereby
given that NMFS has modified the expiration date of a Letter of
Authorization (LOA) issued to Murphy Exploration and Production Company
(Murphy) for the take of marine mammals incidental to geophysical
survey activity in the GOM.
DATES: This LOA is effective through January 31, 2025.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: https://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey. In case of problems accessing these documents,
please call the contact listed below (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
[[Page 83465]]
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional, taking of small numbers of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance which: (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
On January 19, 2021, we issued a final rule with regulations to
govern the unintentional taking of marine mammals incidental to
geophysical survey activities conducted by oil and gas industry
operators, and those persons authorized to conduct activities on their
behalf (collectively ``industry operators''), in U.S. waters of the GOM
over the course of 5 years (86 FR 5322, January 19, 2021). The rule was
based on our findings that the total taking from the specified
activities over the 5-year period will have a negligible impact on the
affected species or stock(s) of marine mammals and will not have an
unmitigable adverse impact on the availability of those species or
stocks for subsistence uses. The rule became effective on April 19,
2021.
Our regulations at 50 CFR 217.180 et seq. allow for the issuance of
LOAs to industry operators for the incidental take of marine mammals
during geophysical survey activities and prescribe the permissible
methods of taking and other means of effecting the least practicable
adverse impact on marine mammal species or stocks and their habitat
(often referred to as mitigation), as well as requirements pertaining
to the monitoring and reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be based on a determination that
the level of taking will be consistent with the findings made for the
total taking allowable under these regulations and a determination that
the amount of take 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.
NMFS issued a LOA to Murphy on March 20, 2024, for the take of
marine mammals incidental to a three-dimensional (3D) ocean bottom node
survey in the Green Canyon protraction areas, including approximately
44 lease blocks, effective April 1, 2024, through October 31, 2024.
Please see the Federal Register notice of issuance (89 FR 20946, March
26, 2024) for additional detail regarding the LOA and the survey
activity.
Murphy has requested that the October 31, 2024, expiration date be
extended to January 31, 2025, due to survey delays (the survey has not
begun). Since we issued the LOA to Murphy, we have updated the final
rule to include corrected take estimates and new information as
discussed above; therefore, we have updated the authorized take numbers
accordingly based on this new information. There are no changes to the
planned survey, as described in the previous notice of issuance (89 FR
20946, March 26, 2024), including the planned location and duration of
the survey.
As discussed in the previous notice of issuance (89 FR 20946, March
26, 2024), no 3D OBN surveys were included in the modeled survey types,
thus the coil proxy was selected. Murphy plans to cover approximately
25.6 square kilometers (km\2\) per day compared to the 144 km\2\ in the
coil proxy, and although Murphy is not proposing to perform a survey
using the coil geometry, the coil proxy is most representative of the
effort planned by Murphy in terms of predicted Level B harassment
exposures. Additionally, Murphy plans to use a 28-element, 5,230 cubic
inch (in\3\) airgun array and therefore the 5,110 in\3\ proxy was
selected.
The survey will take place over approximately 44 days with 40 days
of sound source operation, all planned in Zone 5. The monthly
distribution of survey days is not known in advance, though we assume
that the planned 40 days of source operation would occur contiguously.
Take estimates for each species are based on the time period that
produces the greatest value. There are no other changes to Murphy's
planned activity.
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.
[[Page 83466]]
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. Murphy's planned activities will occur in
water depths of approximately 914 to 3,372 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. 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
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Abundance Percent
Species take \1\ \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.............................................. 0 n/a 51 0
Sperm whale............................................... 366 155 3,007 5.2
Kogia spp................................................. \3\ 117 36 980 4.3
Beaked whales............................................. 1,271 128 803 16.0
Rough-toothed dolphin..................................... 932 268 4,853 5.5
Bottlenose dolphin........................................ 1,156 332 165,125 0.2
Clymene dolphin........................................... 583 168 4,619 3.6
Atlantic spotted dolphin.................................. 345 99 21,506 0.5
Pantropical spotted dolphin............................... 8,022 2,302 67,225 3.4
Spinner dolphin........................................... 185 53 5,548 1.0
Striped dolphin........................................... 1,667 478 5,634 8.5
Fraser's dolphin.......................................... 342 98 1,665 5.9
Risso's dolphin........................................... 311 92 1,974 4.6
Blackfish \4\............................................. 2,009 593 6,113 9.7
Short-finned pilot whale.................................. 470 139 2,741 5.1
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322 and 86 FR 5404 (January
19, 2021) to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Garrison et al., 2023). For Rice's whale,
Atlantic spotted dolphin, and Risso's dolphin, the larger SAR abundance estimate is used.
\3\ Includes 6 takes by Level A harassment and 111 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.
Authorization
NMFS has changed the expiration date of the LOA from October 30,
2024, to January 31, 2025 and updated authorized take numbers based on
the corrected information in the updated rule. There are no other
changes to the LOA as described in the March 26, 2024, Federal Register
notice of issuance (89 FR 20946): the specified survey activity, and
small numbers analysis and determination remain unchanged and are
incorporated here by reference.
Dated: October 10, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-23839 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-22-P
