Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of America (Formerly Gulf of Mexico), 11947-11950 [2025-04024]
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Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Notices
permit (71 FR 58057, October 2, 2006).
These certificate(s) are valid for 3 years.
Certificates issued in 2022 will expire in
2025. As such, vessel owners who have
not already attended a workshop and
received a NMFS certificate, or vessel
owners whose certificate(s) will expire
prior to the next permit renewal, must
attend a workshop to fish with, or
renew, their swordfish and shark
limited access permits. Additionally,
new shark and swordfish limited access
permit applicants who intend to fish
with longline or gillnet gear must attend
a Safe Handling, Release, and
Identification Workshop and submit a
copy of their workshop certificate before
either of the permits will be issued.
In addition to vessel owners, at least
one operator on board vessels issued a
limited access swordfish or shark permit
that uses longline or gillnet gear is
required to attend a Safe Handling,
Release, and Identification Workshop
and receive a certificate. Vessels that
have been issued a limited access
swordfish or shark permit and that use
longline or gillnet gear may not fish
unless both the vessel owner and
operator have valid workshop
certificates on board at all times. Vessel
operators who have not already
attended a workshop and received a
NMFS certificate, or vessel operators
whose certificate(s) will expire prior to
their next fishing trip, must attend a
workshop to operate a vessel with
swordfish and shark limited access
permits on which longline or gillnet
gear is used.
Workshop Dates, Times, and Locations
1. April 4, 2025, 9 a.m.–2 p.m., Hilton
Garden Inn, 300 Wingo Way, Mount
Pleasant, SC 29464.
2. May 5, 2025, 9 a.m.–2 p.m., Hilton
Garden Inn, 1297 Miracle Strip Parkway
SE, Fort Walton Beach, FL 32448.
3. June 18, 2025, 9 a.m.–2 p.m., Hilton
Garden Inn, 3485 Veterans Memorial
Highway, Ronkonkoma, NY 11779.
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Registration
To register for a scheduled Safe
Handling, Release, and Identification
Workshop, please contact Angler
Conservation Education at 386–682–
0158. Pre-registration is highly
recommended, but not required.
Registration Materials
To ensure that workshop certificates
are linked to the correct permits,
participants will need to bring the
following specific items with them to
the workshop:
• Individual vessel owners must
bring a copy of the appropriate
swordfish and/or shark permit(s), a copy
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of the vessel registration or
documentation, and proof of
identification;
• Representatives of a businessowned or co-owned vessel must bring
proof that the individual is an agent of
the business (such as articles of
incorporation), a copy of the applicable
swordfish and/or shark permit(s), and
proof of identification; and
• Vessel operators must bring proof of
identification.
The Safe Handling, Release, and
Identification Workshops are designed
to teach the owner and operator of a
vessel that fishes with longline or gillnet
gear the required techniques for the safe
handling and release of entangled and/
or hooked protected species, such as sea
turtles, marine mammals, smalltooth
sawfish, Atlantic sturgeon, and
prohibited sharks. In an effort to
improve reporting, the proper
identification of protected species and
prohibited sharks will also be taught at
these workshops. Additionally,
individuals attending these workshops
will gain a better understanding of the
requirements for participating in these
fisheries. The overall goal of these
workshops is to provide participants
with the skills needed to reduce the
mortality of protected species and
prohibited sharks, which may prevent
additional regulations on these fisheries
in the future.
Online Recertification Workshops
NMFS implemented an online option
for shark dealers and owners and
operators of vessels that fish with
longline and gillnet gear to renew their
certificates in December 2021. To be
eligible for online recertification
workshops, dealers and vessel owners
and operators need to have previously
attended an in-person workshop.
Information about the courses is
available online at https://
www.fisheries.noaa.gov/atlantic-highlymigratory-species/atlantic-sharkidentification-workshops and https://
www.fisheries.noaa.gov/atlantic-highlymigratory-species/safe-handling-releaseand-identification-workshops. To access
the course please visit: https://
hmsworkshop.fisheries.noaa.gov/start.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–04027 Filed 3–12–25; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE314]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of America (Formerly Gulf of
Mexico)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of letter of
authorization.
AGENCY:
Workshop Objectives
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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 America, originally published as
‘‘Taking Marine Mammals Incidental to
Geophysical Surveys Related to Oil and
Gas Activities in the Gulf of Mexico,’’
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to WesternGeco for the take of marine
mammals incidental to geophysical
survey activity in the Gulf of America
(GOA).
DATES: The LOA is effective from March
1, 2025, through December 31, 2025.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://www.fisheries.noaa
.gov/action/incidental-takeauthorization-oil-and-gas-industrygeophysical-survey-activity-gulf-mexico.
In case of problems accessing these
documents, please call the contact listed
below (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, 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
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
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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 GOA 1
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
1 Pursuant to Executive Order 14172, ‘‘Restoring
Names That Honor American Greatness,’’ and
Department of the Interior Secretarial Order 3423,
‘‘The Gulf of America,’’ the body of water formerly
known as the Gulf of Mexico is now called the Gulf
of America. Accordingly, this Federal Register
Notice hereafter refers to the Gulf of America.
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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’’ standard of the MMPA.
Summary of Request and Analysis
WesternGeco plans to conduct a
three-dimensional (3D) ocean bottom
node (OBN) survey over 240 lease
blocks in the Green Canyon and Walker
Ridge areas, with water depths ranging
from approximately 1,600 to 3,000
meters (m). See section F of the LOA
application for a map of the area.
WesternGeco anticipates using three
source vessels, and would use one of the
following source configurations: a
conventional airgun array source
consisting of 28 elements with a total
volume of 5,000 cubic inches (in3) or a
combination of the conventional airgun
array source and a low-frequency tuned
pulse source (TPS). Please see
WesternGeco’s application for
additional detail.
The TPS was not included in the
acoustic exposure modeling developed
in support of the rule. However, the TPS
was previously described and evaluated
in support of previous LOAs and we
rely on those analyses here (86 FR
37309, 37310, July 15, 2021; see also 87
FR 55790, 55791, September 12, 2022).
For additional detail regarding sources,
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see section C of the LOA application.
Based on this information we have
determined there will be no effects of a
magnitude or intensity different from
those evaluated in support of the rule.
NMFS therefore expects that use of
modeling results supporting the final
rule relating to use of airgun arrays are
expected to be conservative as a proxy
for use in evaluating potential impacts
of use of the TPS.
Consistent with the preamble to the
final rule, the survey effort proposed by
WesternGeco 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 2); (3)
number of days; (4) source; and (5)
month.3 In this case, because
WesternGeco may also elect to use the
specified 28-element, 5,000 in3 airgun
array source, the 5,110 in3 airgun array
proxy 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 3D OBN 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 3D
OBN survey effort, largely due to the
greater area covered by the modeled
proxies. Summary descriptions of these
modeled survey geometries are available
in the preamble to the proposed rule (83
FR 29212, 29220, June 22, 2018). Coil
was selected as the best available proxy
survey type in this case because the
spatial coverage of the planned survey
is most similar to the coil survey
pattern. The planned OBN survey will
involve three source vessels sailing
along closely spaced survey lines, with
daily survey area coverage of
approximately 125 kilometers squared
(km2) per day, similar to that assumed
for the coil survey proxy. Among the
different parameters of the modeled
survey patterns (e.g., area covered, line
spacing, number of sources, shot
2 For purposes of acoustic exposure modeling, the
GOA was divided into seven zones. Zone 1 is not
included in the geographic scope of the rule.
3 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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interval, total simulated pulses), NMFS
considers area covered per day to be
most influential on daily modeled
exposures exceeding Level B
harassment criteria. Although
WesternGeco is not proposing to
perform a survey using the coil
geometry, the coil proxy is most
representative of the effort planned by
WesternGeco in terms of predicted
Level B harassment exposures.
The survey will take place over
approximately 130 days with 100 days
of sound source operation, with 20 days
planned in Zone 5 and 80 days planned
in Zone 7. The monthly distribution of
survey days is not known in advance,
though we assume that the planned 100
days of source operation would occur
contiguously. Take estimates for each
species are based on the time period
that produces the greatest value.
For the Rice’s whale, take estimates
based 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,
April 24, 2024). In summary, recent
survey data, sightings, and acoustic data
support Rice’s whale occurrence in
waters throughout the GOA 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. WesternGeco’s planned
activities will occur in water depths of
approximately 1,600 to 3,000 m in the
central GOA. 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 rule, NMFS may not
authorize incidental take of marine
mammals in an LOA if it will exceed
‘‘small numbers.’’ In short, when an
acceptable estimate of the individual
marine mammals taken is available, if
the estimated number of individual
animals taken is up to, but not greater
than, one-third of the best available
abundance estimate, NMFS will
determine that the numbers of marine
mammals taken of a species or stock are
small (see 89 FR 31535, May 24, 2024).
For more information please see NMFS’
discussion of small numbers in the 2021
final rule (86 FR 5438, January 19,
2021).
The take numbers for authorization
are determined as described above in
the Summary of Request and Analysis
section. Subsequently, the total
incidents of harassment for each species
are multiplied by scalar ratios to
produce a derived product that better
reflects the number of individuals likely
to be taken within a survey (as
compared to the total number of
instances of take), accounting for the
likelihood that some individual marine
mammals may be taken on more than 1
day (see 86 FR 5404, January 19, 2021).
The output of this scaling, where
appropriate, is incorporated into
adjusted total take estimates that are the
basis for NMFS’ small numbers
determinations, as depicted in table 1.
This product is used by NMFS in
making the necessary small numbers
determinations through comparison
with the best available abundance
estimates (see discussion at 86 FR 5391,
January 19, 2021). For this comparison,
NMFS’ approach is to use the maximum
theoretical population, determined
through review of current stock
assessment reports (SAR; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). Information supporting
the small numbers determinations is
provided in table 1.
TABLE 1—TAKE ANALYSIS
Authorized
take
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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 ................................................................................................
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Blackfish 4 .........................................................................................................
Short-finned pilot whale ...................................................................................
0
618
3 412
870
1,459
603
1,603
179
20,572
281
4,509
639
330
3,751
237
Scaled take 1
n/a
261.5
122.9
87.9
418.6
136.0
460.0
51.1
5,904.2
80.8
1,294.2
183.3
97.4
1,106.5
69.9
Abundance 2
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
Percent
abundance
n/a
8.7
15.6
10.9
8.6
0.1
10.0
0.2
8.8
1.5
23.0
11.0
4.9
18.1
2.6
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 29 takes by Level A harassment and 383 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.
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
taking of marine mammals. NMFS
invites the public to provide
information, suggestions, and comments
on the IBRP’s application and request.
DATES: Comments and information must
be received no later than April 14, 2025.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.hotchkin@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities without change.
All personal identifying information
(e.g., name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Cara
Hotchkin, Office of Protected Resources,
NMFS, (301) 427–8401. An electronic
copy of the IBRP’s application may be
obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
NMFS has received a request
from the Interstate Bridge Replacement
Program (IBRP) for authorization to take
small numbers of marine mammals
incidental to the Interstate Bridge
Replacement Project (IBR) on Interstate
5 (I–5) between Portland, Oregon, and
Vancouver, Washington over the course
of five years from the date of issuance.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of the IBRP’s request for the
development and implementation of
regulations governing the incidental
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) 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.
Based on the analysis contained
herein of WesternGeco’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
WesternGeco authorizing the take of
marine mammals incidental to its
geophysical survey activity, as
described above.
Dated: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–04024 Filed 3–12–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE624
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Interstate Bridge
Replacement Project on Interstate 5
Between Portland, Oregon and
Vancouver, WA
AGENCY:
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SUMMARY:
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An incidental take authorization 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.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
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).
Summary of Request
On July 18, 2024, NMFS received
application from the IBRP requesting
authorization for take of marine
mammals incidental to construction
activities related to the Interstate Bridge
Replacement Project on I–5 between
Portland, OR and Vancouver, WA. After
the IBRP responded to our questions on
October 12, 2024 and January 14, 2025,
we determined the application was
adequate and complete on January 16,
2025. The requested regulations would
be valid for five years, from September
15, 2027 through September 14, 2032.
The IBRP plans to conduct necessary
work, including pile driving (impact
and vibratory) and rotary drilling, to
construct replacement bridges for the I–
5 roadway over the Columbia River and
North Portland Harbor. The proposed
action may incidentally expose marine
mammals occurring in the vicinity to
elevated levels of underwater sound,
thereby resulting in incidental take, by
Level A and Level B harassment.
Therefore, the IBRP requests
authorization to incidentally take
marine mammals.
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11947-11950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04024]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE314]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of America (Formerly Gulf of Mexico)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 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 America, originally published as
``Taking Marine Mammals Incidental to Geophysical Surveys Related to
Oil and Gas Activities in the Gulf of Mexico,'' notification is hereby
given that a Letter of Authorization (LOA) has been issued to
WesternGeco for the take of marine mammals incidental to geophysical
survey activity in the Gulf of America (GOA).
DATES: The LOA is effective from March 1, 2025, through December 31,
2025.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: https://www.fisheries.noaa .gov/action/incidental-
take-authorization-oil-and-gas-industry-geophysical-survey-activity-
gulf-mexico. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: 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 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
[[Page 11948]]
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 GOA
\1\ 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.
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\1\ Pursuant to Executive Order 14172, ``Restoring Names That
Honor American Greatness,'' and Department of the Interior
Secretarial Order 3423, ``The Gulf of America,'' the body of water
formerly known as the Gulf of Mexico is now called the Gulf of
America. Accordingly, this Federal Register Notice hereafter refers
to the Gulf of America.
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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 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'' standard of
the MMPA.
Summary of Request and Analysis
WesternGeco plans to conduct a three-dimensional (3D) ocean bottom
node (OBN) survey over 240 lease blocks in the Green Canyon and Walker
Ridge areas, with water depths ranging from approximately 1,600 to
3,000 meters (m). See section F of the LOA application for a map of the
area.
WesternGeco anticipates using three source vessels, and would use
one of the following source configurations: a conventional airgun array
source consisting of 28 elements with a total volume of 5,000 cubic
inches (in\3\) or a combination of the conventional airgun array source
and a low-frequency tuned pulse source (TPS). Please see WesternGeco's
application for additional detail.
The TPS was not included in the acoustic exposure modeling
developed in support of the rule. However, the TPS was previously
described and evaluated in support of previous LOAs and we rely on
those analyses here (86 FR 37309, 37310, July 15, 2021; see also 87 FR
55790, 55791, September 12, 2022). For additional detail regarding
sources, see section C of the LOA application. Based on this
information we have determined there will be no effects of a magnitude
or intensity different from those evaluated in support of the rule.
NMFS therefore expects that use of modeling results supporting the
final rule relating to use of airgun arrays are expected to be
conservative as a proxy for use in evaluating potential impacts of use
of the TPS.
Consistent with the preamble to the final rule, the survey effort
proposed by WesternGeco 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 \2\); (3) number of days; (4) source; and (5) month.\3\ In this
case, because WesternGeco may also elect to use the specified 28-
element, 5,000 in\3\ airgun array source, the 5,110 in\3\ airgun array
proxy 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.
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\2\ For purposes of acoustic exposure modeling, the GOA was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\3\ Acoustic propagation modeling was performed for two seasons:
Winter (December-March) and Summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No 3D OBN surveys were included in the modeled survey types, and
use of existing proxies (i.e., two-dimensional (2D), 3D narrow-azimuth
(NAZ), 3D wide-azimuth (WAZ), Coil) is generally conservative for use
in evaluation of 3D OBN survey effort, largely due to the greater area
covered by the modeled proxies. Summary descriptions of these modeled
survey geometries are available in the preamble to the proposed rule
(83 FR 29212, 29220, June 22, 2018). Coil was selected as the best
available proxy survey type in this case because the spatial coverage
of the planned survey is most similar to the coil survey pattern. The
planned OBN survey will involve three source vessels sailing along
closely spaced survey lines, with daily survey area coverage of
approximately 125 kilometers squared (km\2\) per day, similar to that
assumed for the coil survey proxy. Among the different parameters of
the modeled survey patterns (e.g., area covered, line spacing, number
of sources, shot
[[Page 11949]]
interval, total simulated pulses), NMFS considers area covered per day
to be most influential on daily modeled exposures exceeding Level B
harassment criteria. Although WesternGeco is not proposing to perform a
survey using the coil geometry, the coil proxy is most representative
of the effort planned by WesternGeco in terms of predicted Level B
harassment exposures.
The survey will take place over approximately 130 days with 100
days of sound source operation, with 20 days planned in Zone 5 and 80
days planned in Zone 7. The monthly distribution of survey days is not
known in advance, though we assume that the planned 100 days of source
operation would occur contiguously. Take estimates for each species are
based on the time period that produces the greatest value.
For the Rice's whale, take estimates based 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, April 24, 2024). In summary, recent survey
data, sightings, and acoustic data support Rice's whale occurrence in
waters throughout the GOA 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. WesternGeco's planned activities will occur
in water depths of approximately 1,600 to 3,000 m in the central GOA.
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 rule, NMFS may not authorize incidental take of marine
mammals in an LOA if it will exceed ``small numbers.'' In short, when
an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small (see 89 FR 31535, May 24, 2024). For
more information please see NMFS' discussion of small numbers in the
2021 final rule (86 FR 5438, January 19, 2021).
The take numbers for authorization are determined as described
above in the Summary of Request and Analysis section. Subsequently, the
total incidents of harassment for each species are multiplied by scalar
ratios to produce a derived product that better reflects the number of
individuals likely to be taken within a survey (as compared to the
total number of instances of take), accounting for the likelihood that
some individual marine mammals may be taken on more than 1 day (see 86
FR 5404, January 19, 2021). The output of this scaling, where
appropriate, is incorporated into adjusted total take estimates that
are the basis for NMFS' small numbers determinations, as depicted in
table 1.
This product is used by NMFS in making the necessary small numbers
determinations through comparison with the best available abundance
estimates (see discussion at 86 FR 5391, January 19, 2021). For this
comparison, NMFS' approach is to use the maximum theoretical
population, determined through review of current stock assessment
reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-
protection/marine-mammal-stock-assessments) and model-predicted
abundance information (https://seamap.env.duke.edu/models/Duke/GOM/).
Information supporting the small numbers determinations is provided in
table 1.
Table 1--Take Analysis
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Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
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Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 618 261.5 3,007 8.7
Kogia spp....................................... \3\ 412 122.9 980 15.6
Beaked whales................................... 870 87.9 803 10.9
Rough-toothed dolphin........................... 1,459 418.6 4,853 8.6
Bottlenose dolphin.............................. 603 136.0 165,125 0.1
Clymene dolphin................................. 1,603 460.0 4,619 10.0
Atlantic spotted dolphin........................ 179 51.1 21,506 0.2
Pantropical spotted dolphin..................... 20,572 5,904.2 67,225 8.8
Spinner dolphin................................. 281 80.8 5,548 1.5
Striped dolphin................................. 4,509 1,294.2 5,634 23.0
Fraser's dolphin................................ 639 183.3 1,665 11.0
Risso's dolphin................................. 330 97.4 1,974 4.9
Blackfish \4\................................... 3,751 1,106.5 6,113 18.1
Short-finned pilot whale........................ 237 69.9 2,741 2.6
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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 29 takes by Level A harassment and 383 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.
[[Page 11950]]
Based on the analysis contained herein of WesternGeco'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 WesternGeco authorizing the take of marine
mammals incidental to its geophysical survey activity, as described
above.
Dated: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-04024 Filed 3-12-25; 8:45 am]
BILLING CODE 3510-22-P
