Notice2024-21612
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 23, 2024
Effective
September 16, 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 LLOG Exploration Offshore, LLC (LLOG) 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 184 (Monday, September 23, 2024)</title>
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[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77475-77477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21612]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE282]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico, notification is hereby given
that NMFS has issued a Letter of Authorization (LOA) to LLOG
Exploration Offshore, LLC (LLOG) for the take of marine mammals
incidental to geophysical survey activity in the Gulf of Mexico (GOM).
DATES: The LOA is effective from September 16, 2024, through April 19,
2026.
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.
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
[[Page 77476]]
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 Sec. 217.186
(e), issuance of an LOA shall be based on a determination that the
level of taking will be consistent with the findings made for the total
taking allowable under these regulations and a determination that the
amount of take authorized under the LOA is of no more than small
numbers.
NMFS subsequently discovered that the 2021 rule was based on
erroneous take estimates. We conducted another rulemaking using correct
take estimates and other newly available and pertinent information
relevant to the analyses supporting some of the findings in the 2021
final rule and the taking allowable under the regulations. We issued a
final rule in April 2024, effective May 24, 2024 (89 FR 31488, April
24, 2024).
The 2024 final rule made no changes to the specified activities or
the specified geographical region in which those activities would be
conducted, nor to the original 5-year period of effectiveness. In
consideration of the new information, the 2024 rule presented new
analyses supporting affirmance of the negligible impact determinations
for all species, and affirmed that the existing regulations, which
contain mitigation, monitoring, and reporting requirements, are
consistent with the ``least practicable adverse impact'' standard of
the MMPA.
Summary of Request and Analysis
LLOG plans to conduct a Zero Offset, Offset, or Walkaway vertical
seismic profile (VSP), Salt Proximity Survey, and/or Checkshot survey
in lease block OCS-G 36103 AC 337, with water depths ranging from
approximately 1,200 to 1,500 meters (m). LLOG plans to use either a 12-
element, 2,400 cubic inch (in\3\) airgun array, or a 6-element, 1,500
in\3\ airgun array. See section G of the LOA application for a map of
the area.
Consistent with the preamble to the final rule, the survey effort
proposed by LLOG in its LOA request was used to develop LOA-specific
take estimates based on the acoustic exposure modeling results
described in the preamble (89 FR 31488, April 24, 2024). In order to
generate the appropriate take number for authorization, the following
information was considered: (1) survey type; (2) location (by modeling
zone \1\); (3) number of days; (4) source; and (5) month.\2\ In this
case, the 4,130 in\3\ airgun array was selected. The acoustic exposure
modeling performed in support of the rule provides 24-hour exposure
estimates for each species, specific to each modeled source and survey
type in each zone and month.
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\1\ For purposes of acoustic exposure modeling, the GOM was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\2\ Acoustic propagation modeling was performed for two seasons:
winter (December-March) and summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No VSP surveys were included in the modeled survey types, and use
of existing proxies (i.e., two-dimensional (2D), 3D (narrow-azimuth)
NAZ, 3D (wide-azimuth) WAZ, Coil) is generally conservative for use in
evaluation of VSP survey effort, largely due to the greater area
covered by the modeled proxies. Summary descriptions of these modeled
survey geometries are available in the preamble to the 2018 proposed
rule (83 FR 29212, 29220, June 22, 2018). Coil was selected as the best
available proxy survey type in this case because the spatial coverage
of the planned survey is most similar to the coil survey pattern.
For the planned survey, the seismic source array will be deployed
in one of the following forms: Zero Offset VSP--deployed from a
drilling rig at or near the borehole, with the seismic receivers (i.e.,
geophones) deployed in the borehole on wireline at specified depth
intervals; Offset VSP--in a fixed position deployed from a supply
vessel on an offset position; Walkaway VSP--attached to a line, or a
series of lines, towed by a supply vessel; 3D VSP--source moves along a
spiral or line swaths towed by a supply vessel; Salt-Proximity--
consists typically of a combination of both Zero Offset VSP plus a
fixed Offset VSP; or Checkshot--similar to Zero Offset VSP, typically
hung from a platform and a sensor placed at a few depths in the well,
where only the first energy arrival is recorded. The coil survey
pattern in the model was assumed to cover approximately 144 kilometers
squared (km\2\) per day (compared with approximately 795 km\2\, 199
km\2\, and 845 km\2\ per day for the 2D, 3D NAZ, and 3D WAZ survey
patterns, respectively). Among the different parameters of the modeled
survey patterns (e.g., area covered, line spacing, number of sources,
shot interval, total simulated pulses), NMFS considers area covered per
day to be most influential on daily modeled exposures exceeding Level B
harassment criteria. Because LLOG's planned survey is expected to cover
no additional area as a stationary source, the coil proxy is most
[[Page 77477]]
representative of the effort planned by LLOG in terms of predicted
Level B harassment.
The survey will take place over approximately 5 days in zone 6. The
monthly distribution of survey days is not known in advance. Take
estimates for each species are based on the month that produces the
greatest value.
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, are used by NMFS
in making the necessary small numbers determinations, through
comparison with the best available abundance estimates (see discussion
at 86 FR 5322, 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 \1\
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Authorized Percent
Species take Abundance \2\ abundance
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Rice's whale.................................................... 0 51 n/a
Sperm whale..................................................... 38 3,007 1.3
Kogia spp....................................................... \3\ 15 980 1.5
Beaked whales................................................... 15 803 1.9
Rough-toothed dolphin........................................... 103 4,853 2.1
Bottlenose dolphin.............................................. 154 165,125 0.1
Clymene dolphin................................................. 190 4,619 4.1
Atlantic spotted dolphin........................................ 248 21,506 1.2
Pantropical spotted dolphin..................................... 751 67,225 1.1
Spinner dolphin................................................. \4\ 0 5,548 n/a
Striped dolphin................................................. 112 5,634 2.0
Fraser's dolphin................................................ \5\ 65 1,665 3.9
Risso's dolphin................................................. 28 1,974 1.4
Blackfish \6\................................................... 296 6,113 4.8
Short-finned pilot whale........................................ 153 2,741 5.6
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\1\ Scalar ratios were not applied in this case due to brief survey duration.
\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 1 take by Level A harassment and 14 takes by Level B harassment. Small numbers determination made
on basis of scaled Level B harassment take plus authorized Level A harassment take.
\4\ Modeled take of 1 rounded down to 0.
\5\ Modeled take of 41 increased to account for potential encounter with a group of average size (Maze-Foley and
Mullin, 2006).
\6\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of LLOG's proposed survey
activity described in its LOA application and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals will be
taken relative to the affected species or stock sizes (i.e., less than
one-third of the best available abundance estimate) and therefore the
taking is of no more than small numbers.
Authorization
NMFS has determined that the level of taking for this LOA request
is consistent with the findings made for the total taking allowable
under the incidental take regulations and that the amount of take
authorized under the LOA is of no more than small numbers. Accordingly,
we have issued an LOA to LLOG authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: September 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-21612 Filed 9-20-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 23, 2024.
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