Notice2026-09060
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of America
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
May 7, 2026
Effective
April 20, 2026
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 America (GOA), notification is hereby given that NMFS has issued six separate Letters of Authorization (LOAs) to WesternGeco, LLC (WesternGeco), TGS, Future Energy Consultants (FEC), bp Exploration & Production Inc. (bp), Viridien, and LLOG Exploration Offshore, L.L.C. (LLOG), for the take of marine mammals incidental to geophysical survey activity in the GOA.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Notices]
[Pages 24809-24816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09060]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF436]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of America
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Letters 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 (GOA), notification is hereby
given that NMFS has issued six separate Letters of Authorization (LOAs)
to WesternGeco, LLC (WesternGeco), TGS, Future Energy Consultants
(FEC), bp Exploration & Production Inc. (bp), Viridien, and LLOG
Exploration Offshore, L.L.C. (LLOG), for the take of marine mammals
incidental to geophysical survey activity in the GOA.
DATES: The LOA issued to WesternGeco is effective from April 20, 2026,
through August 31, 2026. The LOA issued to TGS is effective from April
20, 2026, through May 31, 2026. The LOA issued to FEC is effective from
June 1, 2026, through December 31, 2026. The LOA issued to bp is
effective from May 1, 2026, through August 31, 2026. The LOA issued to
Viridien is effective from June 1, 2026, through May 31, 2027. The LOA
issued to LLOG is effective from June 1, 2026, through April 19, 2031.
ADDRESSES: The LOAs, LOA requests, and supporting documentation are
available online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey">https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, 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
[[Page 24810]]
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.
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The regulations at 50 CFR 217.180 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).
On August 28, 2025, NMFS Office of Protected Resources (OPR)
received a request from NMFS Office of Policy (Policy) for
reimplementation of the current Incidental Take Regulation (ITR) to
avoid a lapse in ITRs offering incidental take coverage for GOA
geophysical survey activities. On October 20, 2025, Bureau of Ocean
Energy Management (the original petitioner for the current ITRs)
submitted a request to be included in the process as a co-petitioner.
In response to these requests, NMFS issued a new final rule, effective
April 20, 2026, through April 19, 2031 (91 FR 20784, April 17, 2026).
The reimplementation of the regulations continues the established
framework for authorization of incidental take through LOAs. The final
rule made no changes to the specified activities or the specified
geographical region in which those activities would be conducted, and
there are no changes to the associated mitigation, monitoring, and
reporting requirements.
Summary of Requests and Analysis
WesternGeco
On December 3, 2025, NMFS previously issued a LOA to WesternGeco
under the 2021 ITR (90 FR 56734, December 8, 2025) to take marine
mammals incidental to a planned geophysical survey. WesternGeco's
survey was not completed by the expiration of the 2021 ITR and required
issuance of a new LOA to cover survey activity through August 31, 2026.
WesternGeco plans to conduct a three-dimensional (3D) ocean bottom node
(OBN) survey over 200 lease blocks in the Green Canyon and Walker Ridge
areas, with water depths ranging from approximately 1,400 to 3,200
meters (m). WesternGeco will 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). The TPS was not included in the acoustic
exposure modeling used for the rule. However, NMFS previously reviewed
these sources as ``new and unusual technologies'' and determined that
use of TPS is not expected to cause effects beyond those considered in
the rulemaking, and that use of modeling results from a traditional
airgun array as a proxy for take that may occur incidental to use of
the TPS is conservative. Please see WesternGeco's application and
original notice of issuance (90 FR 56734, December 8, 2025) for
additional details.
The current LOA will cover 92 days of sound source operation, with
11 days planned in Zone 5 and 81 days planned in Zone 7. The monthly
distribution of survey days is not known in advance, though we assume
that the planned 92 days of source operation would occur contiguously.
Take estimates for each species are based on the time period that
produces the greatest value and have been updated based on the revised
survey plan. There are no other changes to the previously planned
survey.
TGS
On December 20, 2024, NMFS issued a LOA to TGS (89 FR 105536,
December 27, 2024) to take marine mammals incidental to a planned
geophysical survey, effective December 20, 2024, through December 19,
2025. Please see the Federal Register notice of issuance for additional
detail regarding the LOA and the survey activity.
On July 22, 2025, TGS informed NMFS that its planned survey area
and timing had shifted and, accordingly, they requested a modification
to the LOA to reflect the new survey area and dates. No survey activity
had begun. TGS requested the expiration date be extended to April 19,
2026, and increase the survey to 105 total days of sound source
operation in Zone 6. On August 19, 2025, NMFS issued a modified LOA to
TGS (90 FR 41060; August 22, 2025).
On November 26, 2025, TGS notified NMFS that the survey area had
changed again based on market interest. TGS requested an increase of
survey days to 140 total days of sound source operation with 139 days
in zone 6 and 1 day in zone 7. On December 29, 2025, NMFS issued a
second modified LOA (90 FR 60651) to reflect another change to the
survey area. There were no other changes to the planned survey.
TGS' survey was not completed by the expiration of the 2021 ITR and
required
[[Page 24811]]
issuance of a new LOA to cover survey activity through May 31, 2026.
TGS plans to conduct a 3D OBN survey over 453 lease blocks in the
East Breaks area, with water depths ranging from approximately 1,200 to
2,000 m. TGS anticipates using two source vessels with a low-frequency
airgun source known as Gemini (also referred to as a dual barbell
source). The Gemini source was not included in the acoustic exposure
modeling used for the rule. However, NMFS previously reviewed these
sources as ``new and unusual technologies'' and determined that it is
not expected to cause effects beyond those considered in the
rulemaking, and that use of modeling results from a traditional airgun
array as a proxy for take that may occur incidental to use of the
Gemini is conservative. Please see TGS's application and original
notice for additional details (89 FR 105536, December 27, 2024).
The current LOA will cover 18 days of sound source operation in
Zone 6. The monthly distribution of survey days is not known in
advance, though we assume that the planned 18 days of source operation
would occur contiguously. Take estimates for each species are based on
the time period that produces the greatest value and have been updated
based on the revised survey plan. There are no other changes to the
previously planned survey.
FEC
FEC plans to conduct a FloatSeis seismic field trial survey in the
lease block LA5A, with water depths ranging from approximately 50-180
m. See section F of the LOA application for a map of the area. FEC
plans to use both a 2,450 in\3\ airgun array, and a 220 in\3\ airgun
array. Please see the LOA application for additional details.
Consistent with the preamble to the final rule, the survey effort
proposed by FEC in its LOA request was used to develop LOA-specific
take estimates based on the acoustic exposure modeling results
described in the preamble (91 FR 20784, April 17, 2026). In order to
generate the appropriate take number for authorization, the following
information was considered: (1) survey type; (2) location (by modeling
zone \i\); (3) number of days; (4) source; and (5) month.\ii\ 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.
FEC's survey type was not 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 both types of survey efforts (i.e., survey effort
using the 2,450 in\3\ and 220 in\3\ airgun arrays), 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 (91 FR 9014, 9018, February 24, 2026). For the survey
effort using the 2,450 in\3\ airgun array, the 4,130 in\3\ airgun array
was selected as the best proxy and 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 survey effort using the 220 in\3\ airgun array, the above
proxies are conservative, therefore the exposure modeling results were
generated using the single airgun proxy. Because these results assume
use of a 90-in\3\ airgun, the take numbers authorized for this part of
the survey activity are considered the most similar to the 220 in\3\
sound source planned for use by FEC, as compared to the other proxies
modeled for the rule.
The survey will take place over approximately 5 days, all within
Zone 2. The monthly distribution of survey days is not known in
advance, though we assume that the planned 5 days of source operation
would occur contiguously. Take estimates for each species are based on
the time period that produces the greatest value.
bp
Bp plans to conduct a 3D OBN and distributed acoustic sensing (DAS)
survey in the Garden Banks and Walker Ridge areas, with water depths
ranging from approximately 700 to 2,400 m. See section F of the LOA
application for a map of the area. Bp anticipates using a single source
vessel towing a triple source airgun array. Each source would have a
maximum of 28 elements, and total volume up to 5,110 in\3\. Please see
the LOA application for additional details.
Consistent with the preamble to the final rule, 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
the preamble (91 FR 20784, April 17, 2026). In order to generate the
appropriate take number for authorization, the following information
was considered: (1) survey type; (2) location (by modeling zone \i\);
(3) number of days; (4) source; and (5) month.\ii\ In this case,
because bp plans to use up to a 5,110 in\3\ airgun array, 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.
No 3D OBN or DAS surveys were included in the modeled survey types,
and use of existing proxies (i.e., 2D, 3D NAZ, 3D WAZ, Coil) is
generally conservative for use in evaluation of 3D OBN or DAS 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 (91 FR 9014, 9018, February 24,
2026). 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 survey will involve a
single source vessel, with total survey area coverage of approximately
2,321 kilometers squared (km\2\), similar to that assumed for the coil
survey proxy of 3,364 km\2\. 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 is estimated to include 106 days of sound source
operation, with 69 days planned in Zone 5 and 37 days planned in Zone
7. The monthly distribution of survey days is not known in advance,
though we assume that the planned 106 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' 2026
proposed rule provided detailed discussion regarding Rice's whale
habitat (see, e.g., 91 FR 9014, 9026, February 24, 2026). 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
[[Page 24812]]
(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. Bp's planned activities will occur in water
depths of approximately 1,400 to 3,200 m in the central GOA. Thus, NMFS
does not expect that take of Rice's whale is likely in association with
this survey and, accordingly, does not authorize take of Rice's whale
through the LOA.
Viridien
Viridien plans to conduct a long offset sparse OBN survey over
1,061 lease blocks in the Central GOA, with water depths ranging from
approximately 600 to 1,500 m. See section F of the LOA application for
a map of the area.
Viridien anticipates using two dual-source vessels and would
preferentially use the low-frequency TPS. Alternatively, Viridien may
use a conventional airgun array source consisting of 42 elements with a
total volume of 5,220 in\3\. Please see Viridien's application for
additional details.
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; 87 FR 55790,
55791, September 12, 2022). For additional details 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 is 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 Viridien in its LOA request was used to develop LOA-
specific take estimates based on the acoustic exposure modeling results
described in the preamble (91 FR 20784, April 17, 2026). In order to
generate the appropriate take number for authorization, the following
information was considered: (1) survey type; (2) location (by modeling
zone \i\); (3) number of days; (4) source; and (5) month.\ii\ To
determine the most appropriate proxy array from the exposure modeling,
the directionally dependent source level in a plane parallel to the sea
surface was compared to the three airgun array sources which were
originally modeled, including the 4,130, 5,110, and 8,000 in\3\ arrays.
Out of these three proxies, the source which had the smallest relative
error (arithmetic mean difference taken over the azimuthal or vessel
bearing angle) was chosen as the most representative proxy. In this
case, the 5,110 in\3\ had the lowest mean error (0.3 dB) and was the
airgun array proxy that was selected. In this case, because Viridien
may also elect to use the specified 42-element, 5,220 in\3\ airgun
array source, this was used to determine the appropriate proxy. 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 OBN surveys were included in the modeled survey types, and use
of existing proxies (i.e., 2D, 3D NAZ, 3D 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 (91 FR 9014, 9018, February 24, 2026).
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 144 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 Viridien is not
proposing to perform a survey using the coil geometry, the coil proxy
is most representative of the effort planned by Viridien in terms of
predicted Level B harassment exposures.
The survey will take place over approximately 115 days with 65 days
of sound source operation, including 55 days in Zone 6 and 10 days in
Zone 7. The monthly distribution of survey days is not known in
advance, though we assume that the planned 65 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' 2026
proposed rule provided detailed discussion regarding Rice's whale
habitat (see, e.g., 91 FR 9014, 9026, February 24, 2026). 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. Viridien's planned activities will occur in
water depths of approximately 600 to 1,500 m in the central GOA. Thus,
NMFS does not expect that take of Rice's whale is likely in association
with this survey and, accordingly, does not authorize take of Rice's
whale through the LOA.
LLOG
LLOG plans to conduct survey effort at multiple platform locations
in the GOA. Survey effort could be conducted as Zero Offset, Offset, or
Walkaway vertical seismic profile (VSP), Salt Proximity Survey, and/or
Checkshot surveys. Water depths at the locations where LLOG plans to
conduct survey effort range from approximately 366 to 2,300 m. LLOG
plans to use either a 12-element, 2,400 in\3\ airgun array, or a 6-
element, 1,500 in\3\ airgun array.
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 (91 FR 20784, April 17, 2026). In order to
generate the appropriate take number for authorization, the following
information was considered: (1) survey type; (2) location (by modeling
zone \i\); (3) number of days; (4) source; and (5) month.\ii\ In this
case, the 4,130 in\3\ airgun array was selected. This proxy selection
represents the least impactful modeled airgun array but remains
conservative for purposes of evaluating LLOG's planned survey effort
(i.e., maximum 12-element, 2,400 in\3\ array). The acoustic exposure
modeling
[[Page 24813]]
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 VSP surveys were included in the modeled survey types, and use
of existing proxies (i.e., 2D, 3D NAZ, 3D 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
proposed rule (91 FR 9014, 9018, February 24, 2026). Coil was selected
as the best available proxy survey type in this case because the
spatial coverage of the new survey activity is most similar to the coil
survey pattern.
For the survey activity, 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 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
representative of the effort planned by LLOG in terms of predicted
Level B harassment.
The survey will take place over approximately 26 days total,
including 9 days in zone 5, 9 days in zone 6, and 8 days in zone 7. 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 each survey and authorized through each of
the LOAs is consistent with the findings made for the total taking
allowable under the regulations. See table 1 in this notice and table 7
of the rule (91 FR 20784, April 17, 2026).
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 91 FR 20784, April 17, 2026). For
more information please see NMFS' discussion of small numbers in the
2026 final rule (91 FR 20784, April 17, 2026).
For WesternGeco's, bp's, Viridien's and LLOG's respective surveys,
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 (except in the cases where the take estimate has been rounded up
to reflect a group size) 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 91 FR 20784, April 17, 2026). 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 1-4.
This product is used by NMFS in making the necessary small numbers
determinations through comparison with the best available abundance
estimates (see discussion at 91 FR 20784, 20812, April 17, 2026). 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/SEFSC/GOM/">https://seamap.env.duke.edu/models/SEFSC/GOM/</a>).
Information supporting the small numbers determinations is provided in
tables 1-4.
For TGS' and FEC's respective surveys, 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 91 FR 20784, 20812, April 17,
2026). For this comparison, NMFS' approach is to use the maximum
theoretical population, determined through review of current SARs
(<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/SEFSC/GOM/">https://seamap.env.duke.edu/models/SEFSC/GOM/</a>).
Information supporting the small numbers determinations is provided in
table 5-6.
Table 1--WesternGeco Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 .............. 51 n/a
Sperm whale..................................... 527 223 2,451 9.1
Kogia spp....................................... \3\ 268 79.6 1,385 7.2
Beaked whales................................... 421 43 1,038 4.1
Rough-toothed dolphin........................... 1,200 344 4,853 7.1
Bottlenose dolphin.............................. 336 96 166,538 0.1
Clymene dolphin................................. 488 140 6,136 2.3
Atlantic spotted dolphin........................ 99 28 21,506 0.1
Pantropical spotted dolphin..................... 18,955 5,440 50,209 10.8
Spinner dolphin................................. 239 69 2,991 2.3
Striped dolphin................................. 2,074 595 16,102 3.7
[[Page 24814]]
Fraser's dolphin................................ 545 156 1,665 9.4
Risso's dolphin................................. 256 75 1,974 3.8
Blackfish \4\................................... 2,122 626 9,535 6.6
Short-finned pilot whale........................ 130 39 3,277 1.2
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 91 FR 20784 (April 17, 2026) 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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ Includes 20 takes by Level A harassment and 248 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.
Table 2--bp Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 .............. 51 n/a
Sperm whale..................................... 816 345 2,451 14.1
Kogia spp....................................... \3\ 271 82 1,385 7.1
Beaked whales................................... 1,376 139 1,038 13.4
Rough-toothed dolphin........................... 2,037 585 4,853 12.0
Bottlenose dolphin.............................. 1,895 544 166,538 0.3
Clymene dolphin................................. 718 206 6,136 3.4
Atlantic spotted dolphin........................ 562 161 21,506 0.8
Pantropical spotted dolphin..................... 21,781 6,251 50,209 12.5
Spinner dolphin................................. 385 111 2,991 3.7
Striped dolphin................................. 2,736 785 16,102 4.9
Fraser's dolphin................................ 795 228 1,665 13.7
Risso's dolphin................................. 548 162 1,974 8.2
Blackfish \4\................................... 3,057 902 9,535 9.5
Short-finned pilot whale........................ 760 224 3,277 6.8
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described 91 FR 20784, 20818 (April 17, 2026) 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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ Includes 17 takes by Level A harassment and 254 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.
Table 3--Viridien Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 .............. 51 n/a
Sperm whale..................................... 504 213 2,451 8.7
Kogia spp....................................... \3\ 219 66 1,385 2.0
Beaked whales................................... 209 21 1,038 2.0
Rough-toothed dolphin........................... 1,322 379 4,853 7.8
Bottlenose dolphin.............................. 1,738 499 166,538 0.3
Clymene dolphin................................. 2,373 681 6,136 11.1
Atlantic spotted dolphin........................ 2,938 843 21,506 3.9
Pantropical spotted dolphin..................... 10,936 3,139 50,209 6.3
Spinner dolphin \4\............................. 152 .............. 2,991 1.1
Striped dolphin................................. 2,154 10 16,102 3.8
Fraser's dolphin................................ 533 153 1,665 9.2
Risso's dolphin................................. 360 106 1,974 5.4
Blackfish \5\................................... 3,742 1,104 9,535 11.6
Short-finned pilot whale........................ 1,811 534 3,277 16.3
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 91 FR 20784, 20818 (April 17, 2026)
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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ Includes 13 takes by Level A harassment and 206 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\ Modeled take of 34 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.
[[Page 24815]]
Table 4--LLOG Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Scaled take Percent
Species take \1\ Abundance-\2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................... 0 .............. 51 n/a
Sperm whale..................................... 194 82 2,451 3.3
Kogia spp....................................... \3\ 86 26 1,385 2.2
Beaked whales................................... 343 35 1,038 3.3
Rough-toothed dolphin........................... 500 144 4,853 3.0
Bottlenose dolphin.............................. 547 157 166,538 0.1
Clymene dolphin................................. 709 203 6,136 3.3
Atlantic spotted dolphin........................ 526 151 21,506 0.7
Pantropical spotted dolphin..................... 4,970 1,426 50,209 2.8
Spinner dolphin \4\............................. 152 .............. 2,991 5.1
Striped dolphin................................. 1,265 363 16,102 2.3
Fraser's dolphin................................ 199 57 1,665 3.4
Risso's dolphin................................. 143 42 1,974 2.1
Blackfish \5\................................... 1,390 410 9,535 4.3
Short-finned pilot whale........................ 380 112 3,277 3.4
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 91 FR 20784, 20818 (April 17, 2026)
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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ Includes 5 takes by Level A harassment and 81 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\ Modeled take of 66 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.
Table 5--TGS Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Percent
Species take Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................................... 0 51 n/a
Sperm whale..................................................... 105 2,451 4.3
Kogia spp....................................................... \3\ 39 1,385 2.8
Beaked whales................................................... 35 1,038 3.4
Rough-toothed dolphin........................................... 341 4,853 7.0
Bottlenose dolphin.............................................. 389 166,538 0.2
Clymene dolphin................................................. 469 6,136 7.6
Atlantic spotted dolphin........................................ 794 21,506 3.7
Pantropical spotted dolphin..................................... 1441 50,209 2.9
Spinner dolphin................................................. \4\ 152 2,991 5.1
Striped dolphin................................................. 220 16,102 1.4
Fraser's dolphin................................................ 137 1,665 8.2
Risso's dolphin................................................. 39 1,974 2.0
Blackfish \5\................................................... 773 9,535 8.1
Short-finned pilot whale........................................ 265 3,277 8.1
----------------------------------------------------------------------------------------------------------------
\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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ Includes 2 takes by Level A harassment and 37 takes by Level B harassment. Scalar ratio is applied to takes
by Level B harassment only; small numbers determination made on basis of authorized Level B harassment take
plus authorized Level A harassment take.
\4\ Modeled take of 1 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.
Table 6--FEC Survey Take Analysis \1\
----------------------------------------------------------------------------------------------------------------
Authorized Percent
Species take Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................................... 0 51 n/a
Sperm whale..................................................... 0 2,451 n/a
Kogia spp....................................................... 0 1,385 n/a
Beaked whales................................................... 0 1,038 n/a
Rough-toothed dolphin........................................... 14 4,853 0.1
Bottlenose dolphin.............................................. 1,570 166,538 0.9
Clymene dolphin................................................. 0 6,136 n/a
Atlantic spotted dolphin........................................ 95 21,506 0.4
Pantropical spotted dolphin..................................... 0 50,209 n/a
Spinner dolphin................................................. 0 2,991 n/a
Striped dolphin................................................. 0 16,102 n/a
Fraser's dolphin................................................ 0 1,665 n/a
[[Page 24816]]
Risso's dolphin................................................. 0 1,974 n/a
Blackfish \3\................................................... 0 9,535 n/a
Short-finned pilot whale........................................ 0 3,277 n/a
----------------------------------------------------------------------------------------------------------------
\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, spinner dolphin, and Risso's dolphin, the estimated SAR abundance estimate is used.
\3\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of WesternGeco's, TGS',
FEC's, bp's, Viridien's, and LLOG's planned survey activities described
in their respective LOA applications and the anticipated take of marine
mammals, NMFS finds that for each LOA 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 for each LOA.
Authorization
NMFS has determined that the level of taking for each 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 each LOA is of no more than small numbers.
Accordingly, we have issued LOAs to WesternGeco, TGS, FEC, bp,
Viridien, and LLOG, authorizing the take of marine mammals incidental
to its geophysical survey activity, as described above.
Dated: May 4, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
Endnotes
\i\ 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.
\ii\ 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.
[FR Doc. 2026-09060 Filed 5-6-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 7, 2026.
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