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), 13346-13348 [2025-04850]
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
Northern fur seal). A list of revised
SARs in 2024 for the Pacific region is
presented in table 3. Information on the
remaining Pacific region stocks can be
found in the final 2023 SARs (Carretta
et al. 2024).
TABLE 3—LIST OF MARINE MAMMAL SARS IN THE PACIFIC REGION REVISED IN 2024
Strategic stocks
Non-strategic stocks
• Monk seal, Hawai1i * ..............................................................................
• Killer whale, Eastern North Pacific Southern Resident * ......................
• Guadalupe fur seal * .............................................................................
• Northern elephant seal, California breeding stock.*
• Northern fur seal, California stock.*
* Includes updated abundance estimates.
References
Carretta et al. 2024. U.S. Pacific marine
mammal stock assessments: 2023. U.S.
Department of Commerce, NOAA
Technical Memorandum NMFS–
SWFSC–704.2024
Hayes, S.A., E. Josephson, K. Maze-Foley,
P.E. Rosel, and J. McCordic, eds. 2024.
U.S. Atlantic and Gulf of Mexico marine
mammal stock assessments 2023. NOAA
Tech. Memo. NMFS–NE–321, 375 p.
National Marine Fisheries Service (NMFS).
2023a. Guidelines for preparing stock
assessment reports pursuant to the
Marine Mammal Protection Act.
Protected Resources Policy 02–038–01.
Available online: https://www.fisheries.
noaa.gov/s3/2023-05/02-204-01-FinalGAMMS-IV-Revisions-clean-1-kdr.pdf.
Accessed September 2024.
Young, N.C., Brower, A.A., Muto, M.M.,
Freed, J.C., Angliss, R.P., Friday, N.A.,
Birkemeier, B.D., Boveng, P.L., Brost,
B.M., Cameron, M.F., Crance, J.L., Dahle,
S.P., Fadely, B.S., Ferguson, M.C., Goetz,
K.T., London, J.M., Oleson, E.M., Ream,
R.R., Richmond, E.L., Shelden, K.E. W.,
Sweeney, K.L., Towell, R.G., Wade, P.R.,
Waite, J.M., and Zerbini, A.N. 2024.
Alaska marine mammal stock
assessments, 2023. U.S. Dep. Commer.,
NOAA Tech. Memo. NMFS–AFSC–XXX,
327 p.
Dated: March 17, 2025.
Evan Howell,
Director, Office of Science and Technology,
National Marine Fisheries Service.
[FR Doc. 2025–04861 Filed 3–20–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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[RTID 0648–XE767]
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.
AGENCY:
VerDate Sep<11>2014
Notice; issuance of letter of
authorization.
ACTION:
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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 TGS for the take of marine mammals
incidental to geophysical survey activity
in the Gulf of America (GOA).
DATES: The LOA is effective from March
17, 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
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
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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.
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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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
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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 through April 19, 2026 (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
TGS plans to conduct a threedimensional (3D) ocean bottom node
(OBN) survey over 240 lease blocks in
the Garden Banks, Keathley Canyon,
and Sigsbee Escarpment areas, with
water depths ranging from
approximately 2,000 to 2,800 meters
(m). See section F of the LOA
application for a map of the area. TGS
anticipates using two source vessels
with a low-frequency dual barbell
source known as Gemini. Please see
TGS’s application for additional detail.
The Gemini source was not included
in the acoustic exposure modeling
developed in support of the rule.
However, the Gemini was described and
evaluated in support of a previous LOA
and we rely on that analysis here (88 FR
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72739, October 23, 2023). For additional
detail regarding the source, 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 rules. NMFS expects
that use of modeling results supporting
the final rule are conservative as a proxy
for use in evaluating potential impacts
of use of the Gemini.
Consistent with the preamble to the
final rule, the survey effort proposed by
TGS 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, the 4,130 cubic
inch (in3) airgun array was selected, as
its use for purposes of generating take
numbers for authorization represents
the least impactful airgun array (but
remains conservative for use in
estimating takes that are expected to
result from use of the Gemini source, as
discussed above. 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 two source vessels sailing along
closely spaced survey lines, with daily
survey area coverage of approximately
200 kilometers squared (km2) per day,
similar to that assumed for the coil
survey proxy. Among the different
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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13347
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. Although
TGS is not proposing to perform a
survey using the coil geometry, the coil
proxy is most representative of the effort
planned by TGS in terms of predicted
Level B harassment exposures.
The survey will take place over
approximately 109 days with 64 days of
sound source operation, including 38
days planned in Zone 5, 15 days
planned in Zone 6, and 11 days planned
in Zone 7. The monthly distribution of
survey days is not known in advance,
though we assume that the planned 64
days of source operation would occur
contiguously. Take estimates for each
species are based on the time period
that produces the greatest value.
For 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. TGS’s planned activities will
occur in water depths of approximately
2,000 to 2,800 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 in 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).
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
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
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
518
3 194
1,297
1,341
1,573
1,339
1,070
12,286
207
2,376
517
404
3,216
900
Scaled
take 1
Abundance 2
n/a
218.9
58.7
131.0
385.0
451.4
384.2
307.2
3,526.0
59.5
681.8
148.3
119.1
948.7
265.4
Percent
abundance
51
3,007
980
803
4,853
165,125
4,619
21,506
67,225
5,548
5,634
1,665
1,974
6,113
2,741
n/a
7.3
7.1
16.3
7.9
0.3
8.3
1.4
5.2
1.1
12.1
8.9
6.0
15.5
9.7
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 11 takes by Level A harassment and 183 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.
khammond on DSK9W7S144PROD with NOTICES
Based on the analysis contained
herein of TGS’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.
mammals incidental to its geophysical
survey activity, as described above.
Dated: March 17, 2025.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2025–04850 Filed 3–20–25; 8:45 am]
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National Oceanic and Atmospheric
Administration
[RTID 0648–XE777]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application;
request for comments.
AGENCY:
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
TGS authorizing the take of marine
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
SUMMARY:
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]]>Agencies
[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13346-13348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04850]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE767]
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.
-----------------------------------------------------------------------
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 TGS for
the take of marine mammals incidental to geophysical survey activity in
the Gulf of America (GOA).
DATES: The LOA is effective from March 17, 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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[[Page 13347]]
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 through April 19, 2026
(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
TGS plans to conduct a three-dimensional (3D) ocean bottom node
(OBN) survey over 240 lease blocks in the Garden Banks, Keathley
Canyon, and Sigsbee Escarpment areas, with water depths ranging from
approximately 2,000 to 2,800 meters (m). See section F of the LOA
application for a map of the area. TGS anticipates using two source
vessels with a low-frequency dual barbell source known as Gemini.
Please see TGS's application for additional detail.
The Gemini source was not included in the acoustic exposure
modeling developed in support of the rule. However, the Gemini was
described and evaluated in support of a previous LOA and we rely on
that analysis here (88 FR 72739, October 23, 2023). For additional
detail regarding the source, 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 rules. NMFS expects that use of modeling results supporting the
final rule are conservative as a proxy for use in evaluating potential
impacts of use of the Gemini.
Consistent with the preamble to the final rule, the survey effort
proposed by TGS 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, the 4,130 cubic inch (in\3\) airgun array was selected, as its
use for purposes of generating take numbers for authorization
represents the least impactful airgun array (but remains conservative
for use in estimating takes that are expected to result from use of the
Gemini source, as discussed above. 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 two source vessels sailing along
closely spaced survey lines, with daily survey area coverage of
approximately 200 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 interval, total simulated pulses), NMFS considers area
covered per day to be most influential on daily modeled exposures
exceeding Level B harassment criteria. Although TGS is not proposing to
perform a survey using the coil geometry, the coil proxy is most
representative of the effort planned by TGS in terms of predicted Level
B harassment exposures.
The survey will take place over approximately 109 days with 64 days
of sound source operation, including 38 days planned in Zone 5, 15 days
planned in Zone 6, and 11 days planned in Zone 7. The monthly
distribution of survey days is not known in advance, though we assume
that the planned 64 days of source operation would occur contiguously.
Take estimates for each species are based on the time period that
produces the greatest value.
For 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. TGS's planned activities will occur in water
depths of approximately 2,000 to 2,800 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 in 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).
[[Page 13348]]
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..................................... 518 218.9 3,007 7.3
Kogia spp....................................... \3\ 194 58.7 980 7.1
Beaked whales................................... 1,297 131.0 803 16.3
Rough-toothed dolphin........................... 1,341 385.0 4,853 7.9
Bottlenose dolphin.............................. 1,573 451.4 165,125 0.3
Clymene dolphin................................. 1,339 384.2 4,619 8.3
Atlantic spotted dolphin........................ 1,070 307.2 21,506 1.4
Pantropical spotted dolphin..................... 12,286 3,526.0 67,225 5.2
Spinner dolphin................................. 207 59.5 5,548 1.1
Striped dolphin................................. 2,376 681.8 5,634 12.1
Fraser's dolphin................................ 517 148.3 1,665 8.9
Risso's dolphin................................. 404 119.1 1,974 6.0
Blackfish \4\................................... 3,216 948.7 6,113 15.5
Short-finned pilot whale........................ 900 265.4 2,741 9.7
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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 11 takes by Level A harassment and 183 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.
Based on the analysis contained herein of TGS'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 TGS authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: March 17, 2025.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-04850 Filed 3-20-25; 8:45 am]
BILLING CODE 3510-22-P
