Notice2025-01369
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico
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Published
January 21, 2025
Effective
January 14, 2025
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 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7102-7104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01369]
[[Page 7102]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE554]
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 January 14, 2025, through December 31,
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: Ben Laws, 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 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 field trial of a marine vibrator source (C-
BASS) array in the Atlantis prospect area centered around Green Canyon
block 743 for a duration of up to 14 days, with water depths ranging
from approximately 1,300 to 2,200 m. See figure 1 of the LOA
application for a map of the area.
The marine vibrator source was not included in the acoustic
exposure modeling developed in support of the rule. However, our rule
anticipated the possibility of new and unusual technologies (NUT) and
determined they would be evaluated on a case-by case basis (see 86 FR
5322, 5442, January 19, 2021).
Marine vibrator sources represent an alternative to traditional
airgun sources, and operate by displacing a volume of water with a
vibrating plate or shell to create a pressure wave. In contrast to
airgun sources, marine vibrators produce a long duration, low amplitude
signal and operate at a lower peak intensity. The C-BASS source
consists of two types of sweep units: six M72-15 and two M72-30,
comprising eight total source units mounted on a tow body. Both sets of
units (M72-15 and M72-30) will sweep for 8 seconds (s), with the two
signals overlapping. The M72-30 signal will lag the M72-15 by 0.5 s.
The total sweep cycle will be repeated every 16 s with a 7.5 s quiet
period in between sweeps. The dominant frequencies of the C-BASS sweep
are between 10-50 Hz, with minimal signal energy occurring above
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100 Hz. Marine vibrator sources, including the C-BASS, produce signals
with a relatively gentle rise and decay over time and are therefore
considered to be non-impulsive. The usage characteristics described
above, which equate to a duty cycle of 53 percent and allow for periods
of silence between each signal, result in evaluation of the C-BASS as
an intermittent source for purposes of the planned trial. Please see
bp's application for additional detail.
Use of a relatively low-intensity, non-impulsive source such as the
C-BASS is likely to result in significantly less take by Level B
harassment than would occur for a similar survey using an airgun array
as a sound source, and use of the C-BASS source is unlikely to result
in any potential for Level A harassment. In order to demonstrate this,
bp provided an exposure modeling report in association with its LOA
application. The exposure modeling effort was performed using the same
modeling approach as was used in support of the 2021 and 2024 rules.
Modeling of the C-BASS source compared with the same 5,110 cubic inch
(in\3\) airgun array used for additional exposure modeling for the 2024
rule illustrates a reduction in estimated Level B harassment distance
of over 98 percent, with acoustic exposures above harassment criteria
associated with use of the C-BASS source generally less than 1 percent
those associated with use of the airgun array. Please bp's exposure
modeling report for more detail.
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 are conservative as a proxy for use
in evaluating potential impacts of use of the marine vibrator source.
We also note that for the marine vibrator source, the Bureau of
Ocean Energy Management (BOEM) determined that Endangered Species Act
(ESA) section 7 step-down review was required under NMFS' 2020
Biological Opinion on Federally Regulated Oil and Gas Program
Activities in the Gulf of Mexico. NMFS' ESA Interagency Consultation
Division requested and received an analysis from BOEM that considered
the effects associated with the source. As a result of this review,
NMFS determined that use of the source is unlikely to result in
additional effects beyond those previously considered in the 2020
Biological Opinion.
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 4,130 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 C-BASS 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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\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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Summary descriptions of 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 this selection minimizes over-estimation of take.
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 include up to 14 days of sound source operation in
zones 5 and 7. We assume equal distribution of survey effort over the
two zones. Although the survey is currently planned to occur in March
2025, the actual timing 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
2024 final 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, April 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, 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..................................................... 102 3,007 3.4
Kogia spp....................................................... \3\ 50 980 5.1
Beaked whales................................................... 248 803 30.9
Rough-toothed dolphin........................................... 254 4,853 5.2
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Bottlenose dolphin.............................................. 210 165,125 0.1
Clymene dolphin................................................. 308 4,619 6.7
Atlantic spotted dolphin........................................ 62 21,506 0.3
Pantropical spotted dolphin..................................... 2,989 67,225 4.4
Spinner dolphin................................................. \4\ 152 5,548 2.7
Striped dolphin................................................. 892 5,634 15.8
Fraser's dolphin................................................ 102 1,665 6.1
Risso's dolphin................................................. 73 1,974 3.7
Blackfish \5\................................................... 704 6,113 11.5
Short-finned pilot whale........................................ 82 2,741 3.0
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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\ Estimated takes include 3 takes by Level A harassment and 47 takes by Level B harassment. However, as the
actual source planned for use is a non-impulsive source, no take by Level A harassment is likely to occur and
all authorized takes are by Level B harassment.
\4\ Modeled take of 53 increased to account for potential encounter with a group of average size (Maze-Foley and
Mullin, 2006).
\5\ 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: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01369 Filed 1-17-25; 8:45 am]
BILLING CODE 3510-22-P
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