Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 603-606 [2024-31750]
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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
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Notification to Interested Parties
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and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: December 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–31724 Filed 1–3–25; 8:45 am]
BILLING CODE 3510–DS–P
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ITC Final Determination.
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603
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE545]
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,
L.L.C. (LLOG) for the take of marine
mammals incidental to geophysical
survey activity in the Gulf of Mexico
(GOM).
SUMMARY:
The LOA is effective from
December 31, 2024 through April 19,
2026.
DATES:
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:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
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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
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
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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’s new survey plans include
conducting survey effort at multiple
platform locations in the GOM. Survey
effort could be conducted as Zero Offset,
Offset, or Walkaway vertical seismic
profile (VSP), Salt Proximity Survey,
and/or Checkshot survey. Water depths
at the locations where LLOG plans to
conduct survey effort range from
approximately 366 to 2,300 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.
LLOG currently has 7 active LOAs
associated with similar survey activities
as described above: 3 in zone 7, effective
January 1, 2023 through December 31,
2024 (87 FR 78652, December 22, 2022),
effective May 12, 2023 through
December 31, 2024 (88 FR 31715, May
18, 2023), and effective March 1, 2022
through April 19, 2026 (89 FR 751,
January 5, 2024); 2 in zone 5, effective
September 21, 2023 through December
31, 2025 (88 FR 66409, September 27,
2023) and effective March 1, 2022
through April 19, 2026 (89 FR 14056,
February 26, 2024); and 2 in zone 6,
effective July 1, 2023 through July 5,
2025 (88 FR 41909, June 28, 2023) and
effective September 16, 2024 through
April 19, 2026 (89 FR 77475, September
23, 2024).
The purpose of the newly issued LOA
is to combine all LLOG survey activities,
including remaining survey activity
associated with the seven existing LOAs
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as well as newly planned survey
activity, under a single LOA. This newly
issued LOA would reduce workload for
both LLOG and NMFS and streamline
reporting. The new activity includes
additional areas not covered under any
active LLOG survey LOAs. As such, the
seven active LOAs will expire to
coincide with this new LOA that covers
all of LLOGs survey activity. All
currently active LOAs issued to LLOG
were superseded by this new LOA, and
all survey activity covered under
previously active LOAs is now covered
under this LOA.
Consistent with the preamble to the
final rule, the new 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 in3
airgun array was selected. This proxy
selection represents the least impactful
modeled airgun array, but remains
conservative for purposes of evaluating
LLOG’s planned survey effort (i.e.,
maximum 12-element, 2,400 in3 array).
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), three-dimensional (3D) (narrowazimuth) 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 new survey activity is most
similar to the coil survey pattern.
For the new survey activity, the
seismic source array will be deployed in
1 For purposes of acoustic exposure modeling, the
GOM was divided into seven zones. Zone 1 is not
included in the geographic scope of the rule.
2 Acoustic propagation modeling was performed
for two seasons: winter (December–March) and
summer (April–November). Marine mammal
density data is generally available on a monthly
basis, and therefore further refines take estimates
temporally.
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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
representative of the effort planned by
LLOG in terms of predicted Level B
harassment.
The survey will take place over
approximately 61 days total, including
19 days in zone 5, 19 days in zone 6,
and 23 days in zone 7. 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.
For the Rice’s whale, take estimates
based on the modeling yielded results
that are not realistically likely to occur
when considered in light of other
relevant information concerning Rice’s
whale habitat preferences considered
during the rulemaking process. 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. LLOG’s planned activities will
occur in water depths of approximately
366 to 2,300 m in the central GOM.
Although there is some minimal habitat
depth overlap, the majority of LLOG’s
survey would occur in deeper water,
and the modeling results indicate only
1 take of Rice’s whale (even without
considering whether there is overlap
with Rice’s whale habitat). 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
here and in the other previously issued
LOAs, NMFS has determined that the
level of taking expected for the newly
combined survey activities 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. In addition, we are adding the
previously analyzed take from LLOG’s 7
active LOAs. 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 (86 FR 5404, January 19, 2021; 89
FR 31535, May 24, 2024). 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 1
Authorized
take
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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 ................................................................................................
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Scaled take
0
443
3 207
743
1,134
1,156
1,674
1,111
11,871
156
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n/a
187
62.3
75
325
332
480
319
3407
45
06JAN1
Abundance 2
51
3,007
980
803
4,853
165,125
4,619
21,506
67,225
5,548
Percent
abundance
n/a
6.2
7.7
9.3
6.7
0.2
10.4
1.5
5.1
0.8
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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
TABLE 1—TAKE ANALYSIS 1—Continued
Authorized
take
Species
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Blackfish 4 .........................................................................................................
Short-finned pilot whale ...................................................................................
Scaled take
3,185
457
315
3,233
803
914
131
93
954
237
Abundance 2
5,634
1,665
1,974
6,113
2,741
Percent
abundance
16.2
7.9
4.7
15.6
8.6
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Garrison et al., 2023). For Rice’s whale, Atlantic spotted dolphin, and Risso’s dolphin, the larger estimated
SAR abundance estimate is used.
3 Includes 13 take by Level A harassment and 194 takes by Level B harassment. Small numbers determination made on basis of scaled Level
B harassment take plus authorized Level A harassment take.
4 The ‘‘blackfish’’ guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales.
Based on the analysis contained
herein of LLOG’s proposed survey
activity described in its LOA
application, the previous analysis from
the 7 active LOAs, 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 onethird 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: December 31, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–31750 Filed 1–3–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
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National Oceanic and Atmospheric
Administration
Notice of Cashes Ledge Site Added to
the Inventory of Areas for Possible
Designation as National Marine
Sanctuaries
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
AGENCY:
ACTION:
Notice.
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On June 13, 2014, NOAA
published a final rule establishing the
Sanctuary Nomination Process, allowing
communities to submit nominations to
NOAA for consideration as new
national marine sanctuaries. The rule
outlined the review process, national
significance criteria, and management
considerations that NOAA uses to
evaluate nominations for inclusion in
the inventory of areas that could
eventually be considered for
designation. The rule also states that
NOAA will publish a Federal Register
notice when areas have been added to
the inventory of successful nominations.
This notice announces that NOAA has
added the Cashes Ledge area to the
inventory; the agency is not moving
forward with a designation at this time.
DATES: Applicable January 3, 2025.
ADDRESSES: Matt Brookhart, Eastern
Regional Director, NOAA Office of
National Marine Sanctuaries, 1315 EastWest Highway, Silver Spring, Maryland
20910, and at https://nominate.
noaa.gov/nominations/.
FOR FURTHER INFORMATION CONTACT: Matt
Brookhart, Eastern Regional Director,
NOAA Office of National Marine
Sanctuaries, matt.brookhart@noaa.gov,
or at 301–452–4177.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The National Marine Sanctuaries Act
(NMSA) (16 U.S.C. 1431 et seq.)
authorizes the Secretary of Commerce to
identify and designate as national
marine sanctuaries areas of the marine
environment, including the Great Lakes,
which are of special national
significance; to manage these areas as
the National Marine Sanctuary System;
and to provide for the comprehensive
and coordinated conservation and
management of these areas and the
activities affecting them in a manner
which complements existing regulatory
authorities. Section 303 of the NMSA,
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16 U.S.C. 1433, provides national
marine sanctuary designation standards
and factors required in determining
whether an area qualifies for
consideration as a potential national
marine sanctuary, and section 304, 16
U.S.C. 1434, establishes procedures for
national marine sanctuary designation
and implementation. Regulations
implementing the NMSA and each
national marine sanctuary are codified
in part 922 of title 15 of the Code of
Federal Regulations.
On June 13, 2014, NOAA issued a
final rule that established the Sanctuary
Nomination Process and finalized the
national significance criteria and
management considerations it will use
to review new national marine
sanctuary nominations (79 FR 33851). If
NOAA determines a nomination
adequately meets the final criteria and
considerations, it may place that
nomination in an inventory of areas to
consider for designation as a national
marine sanctuary. NOAA also stated
that it would send a letter of notification
to the nominator and publish a Federal
Register notice identifying areas that
have been added to the inventory of
successful nominations. This notice
documents that NOAA is adding the
Cashes Ledge area to the inventory.
NOAA is not designating any new
national marine sanctuaries with this
action. Any proposed designations of
areas on the inventory would be
conducted by NOAA as a separate
process under the NMSA,
Administrative Procedure Act (5 U.S.C.
Subchapter II), National Environmental
Policy Act (42 U.S.C. 4321 et seq.), and
other applicable authorities.
II. Cashes Ledge Sanctuary Nomination
Added to the Inventory
Conservation Law Foundation (CLF)
nominated the Cashes Ledge area to be
considered for designation as a national
marine sanctuary on July 29, 2024. CLF
identified a 766 mi2 area around Cashes
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 603-606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31750]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE545]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico, notification is hereby given
that NMFS has issued a Letter of Authorization (LOA) to LLOG
Exploration Offshore, L.L.C. (LLOG) for the take of marine mammals
incidental to geophysical survey activity in the Gulf of Mexico (GOM).
DATES: The LOA is effective from December 31, 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: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
[[Page 604]]
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's new survey plans include conducting survey effort at
multiple platform locations in the GOM. Survey effort could be
conducted as Zero Offset, Offset, or Walkaway vertical seismic profile
(VSP), Salt Proximity Survey, and/or Checkshot survey. Water depths at
the locations where LLOG plans to conduct survey effort range from
approximately 366 to 2,300 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.
LLOG currently has 7 active LOAs associated with similar survey
activities as described above: 3 in zone 7, effective January 1, 2023
through December 31, 2024 (87 FR 78652, December 22, 2022), effective
May 12, 2023 through December 31, 2024 (88 FR 31715, May 18, 2023), and
effective March 1, 2022 through April 19, 2026 (89 FR 751, January 5,
2024); 2 in zone 5, effective September 21, 2023 through December 31,
2025 (88 FR 66409, September 27, 2023) and effective March 1, 2022
through April 19, 2026 (89 FR 14056, February 26, 2024); and 2 in zone
6, effective July 1, 2023 through July 5, 2025 (88 FR 41909, June 28,
2023) and effective September 16, 2024 through April 19, 2026 (89 FR
77475, September 23, 2024).
The purpose of the newly issued LOA is to combine all LLOG survey
activities, including remaining survey activity associated with the
seven existing LOAs as well as newly planned survey activity, under a
single LOA. This newly issued LOA would reduce workload for both LLOG
and NMFS and streamline reporting. The new activity includes additional
areas not covered under any active LLOG survey LOAs. As such, the seven
active LOAs will expire to coincide with this new LOA that covers all
of LLOGs survey activity. All currently active LOAs issued to LLOG were
superseded by this new LOA, and all survey activity covered under
previously active LOAs is now covered under this LOA.
Consistent with the preamble to the final rule, the new 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. This proxy selection
represents the least impactful modeled airgun array, but remains
conservative for purposes of evaluating LLOG's planned survey effort
(i.e., maximum 12-element, 2,400 in\3\ array). The acoustic exposure
modeling performed in support of the rule provides 24-hour exposure
estimates for each species, specific to each modeled source and survey
type in each zone and month.
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\1\ For purposes of acoustic exposure modeling, the GOM was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\2\ Acoustic propagation modeling was performed for two seasons:
winter (December-March) and summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No VSP surveys were included in the modeled survey types, and use
of existing proxies (i.e., two-dimensional (2D), three-dimensional (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 new survey activity is most similar to the
coil survey pattern.
For the new survey activity, the seismic source array will be
deployed in
[[Page 605]]
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
representative of the effort planned by LLOG in terms of predicted
Level B harassment.
The survey will take place over approximately 61 days total,
including 19 days in zone 5, 19 days in zone 6, and 23 days in zone 7.
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.
For the Rice's whale, take estimates based on the modeling yielded
results that are not realistically likely to occur when considered in
light of other relevant information concerning Rice's whale habitat
preferences considered during the rulemaking process. 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. LLOG's planned activities will occur in water
depths of approximately 366 to 2,300 m in the central GOM. Although
there is some minimal habitat depth overlap, the majority of LLOG's
survey would occur in deeper water, and the modeling results indicate
only 1 take of Rice's whale (even without considering whether there is
overlap with Rice's whale habitat). 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 here and in the other
previously issued LOAs, NMFS has determined that the level of taking
expected for the newly combined survey activities 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. In addition, we
are adding the previously analyzed take from LLOG's 7 active LOAs.
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 (86 FR 5404, January 19, 2021; 89 FR 31535, May 24, 2024).
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 \1\
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Authorized Percent
Species take Scaled take Abundance \2\ abundance
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Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 443 187 3,007 6.2
Kogia spp....................................... \3\ 207 62.3 980 7.7
Beaked whales................................... 743 75 803 9.3
Rough-toothed dolphin........................... 1,134 325 4,853 6.7
Bottlenose dolphin.............................. 1,156 332 165,125 0.2
Clymene dolphin................................. 1,674 480 4,619 10.4
Atlantic spotted dolphin........................ 1,111 319 21,506 1.5
Pantropical spotted dolphin..................... 11,871 3407 67,225 5.1
Spinner dolphin................................. 156 45 5,548 0.8
[[Page 606]]
Striped dolphin................................. 3,185 914 5,634 16.2
Fraser's dolphin................................ 457 131 1,665 7.9
Risso's dolphin................................. 315 93 1,974 4.7
Blackfish \4\................................... 3,233 954 6,113 15.6
Short-finned pilot whale........................ 803 237 2,741 8.6
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Garrison et al., 2023). For Rice's whale,
Atlantic spotted dolphin, and Risso's dolphin, the larger estimated SAR abundance estimate is used.
\3\ Includes 13 take by Level A harassment and 194 takes by Level B harassment. Small numbers determination made
on basis of scaled Level B harassment take plus authorized Level A harassment take.
\4\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of LLOG's proposed survey
activity described in its LOA application, the previous analysis from
the 7 active LOAs, 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: December 31, 2024.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-31750 Filed 1-3-25; 8:45 am]
BILLING CODE 3510-22-P
