Notice2024-20776
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 13, 2024
Effective
September 9, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 bp Exploration and Production, Inc., (bp) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico (GOM).
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74921-74923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20776]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE234]
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 bp Exploration
and Production, Inc., (bp) for the take of marine mammals incidental to
geophysical survey activity in the Gulf of Mexico (GOM).
DATES: The LOA is effective from September 9, 2024, through February
14, 2025.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico">https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico</a>. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT section).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427-8401.
[[Page 74922]]
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 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 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
Bp plans to conduct a three-dimensional (3D) ocean bottom node
(OBN) survey over 325 lease blocks in the Alaminos Canyon, Garden
Banks, Keathley Canyon, and East Breaks areas, with water depths
ranging from approximately 1,000 to 2,500 m. See section F of the LOA
application for a map of the area.
Bp anticipates using two dual-source vessels, and would
preferentially use the low-frequency airgun source known as Gemini
(also referred to as a dual barbell source). Alternatively, bp may use
conventional airgun sources, with each source configured as an array
consisting of 28 elements with a total volume of 4,430 cubic inches
(in\3\). Please see bp's application for additional detail.
The Gemini source was not included in the acoustic exposure
modeling developed in support of the rules. However, the Gemini was
previously 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 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 rules. NMFS therefore expects that use of modeling
results supporting the final rule relating to use of the 32 element,
5,110 in\3\ airgun array are expected to be conservative as a proxy for
use in evaluating potential impacts of use of the Gemini.
The survey effort proposed by bp in its LOA request was used to
develop LOA-specific take estimates based on the acoustic exposure
modeling results described in our rule 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 5,110 in\3\ airgun array
was selected, 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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\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 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 114 kilometers squared per day, similar
[[Page 74923]]
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 bp is
not proposing to perform a survey using the coil geometry, the coil
proxy is most representative of the effort planned by bp in terms of
predicted Level B harassment exposures.
The survey will take place over approximately 142 days with 66 days
of sound source operation (12 days planned in zone 5 and 54 days
planned in zone 7). The monthly distribution of survey days is not
known in advance, so take estimates for each species are based on the
time period that produces the greatest value.
Based on the results of our analysis, NMFS has determined that the
level of taking expected for this survey and authorized through the LOA
is consistent with the findings made for the total taking allowable
under the regulations. See table 1 in this notice and table 6 of the
rule (89 FR 31488, April 24, 2024).
Small Numbers Determination
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small (89 FR 31535, May 24, 2024). For more
information please see NMFS' discussion of small numbers in the 2021
final rule (86 FR 5438, January 19, 2021).
The take numbers for authorization are determined as described
above in the Summary of Request and Analysis section. 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; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and model-predicted
abundance information (<a href="https://seamap.env.duke.edu/models/Duke/GOM/">https://seamap.env.duke.edu/models/Duke/GOM/</a>).
Information supporting the small numbers determinations is provided in
table 1.
Table 1--Take Analysis
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Authorized Scaled Abundance Percent
Species take take \1\ \2\ abundance
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Rice's whale................................................... 0 n/a 51 n/a
Sperm whale.................................................... 408 172.5 3,007 5.7
Kogia spp...................................................... \3\ 287 85.3 980 10.8
Beaked whales.................................................. 547 55.2 803 6.9
Rough-toothed dolphin.......................................... 1,017 292.0 4,853 6.0
Bottlenose dolphin............................................. 363 103.4 165,125 0.1
Clymene dolphin................................................ 1,713 491.7 4,619 10.6
Atlantic spotted dolphin....................................... 108 30.9 21,506 0.1
Pantropical spotted dolphin.................................... 13,612 3,906.5 67,225 5.8
Spinner dolphin................................................ 185 52.8 5,548 1.0
Striped dolphin................................................ 4,849 1,391.6 5,634 24.7
Fraser's dolphin............................................... 444 127.3 1,665 7.6
Risso's dolphin................................................ 210 62.0 1,974 3.1
Blackfish \4\.................................................. 3,384 998.4 6,113 16.3
Short-finned pilot whale....................................... 142 42.0 2,741 1.5
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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 19 takes by Level A harassment and 268 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 bp'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 bp authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: September 9, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-20776 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 13, 2024.
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