Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 57943 

agenda will be posted on the NEHRP 

website at https://nehrp.gov/ 

committees/meetings.htm. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

Committee’s business are invited to 

request a place on the agenda. 

Approximately fifteen minutes will be 

reserved for public comments and 

speaking times will be assigned on a 

first-come, first-serve basis. The amount 

of time per speaker will be determined 

by the number of requests received. This 

meeting will be recorded. Public 

comments can be provided via email or 

by web conference attendance. 

Questions from the public will not be 

considered during this period. All those 

wishing to speak must submit their 

request by email to Tina Faecke at 

tina.faecke@nist.gov by 5:00 p.m. 

Eastern Time, Monday, September 4, 

2023. Speakers who wish to expand 

upon their oral statements, those who 

had wished to speak but could not be 

accommodated on the agenda, and those 

who were unable to participate are 

invited to submit written statements 

electronically by email to tina.faecke@

nist.gov. 

Anyone wishing to attend this 

meeting via web conference must 

register by 5:00 p.m. Eastern Time, 

Monday, September 4, 2023, to attend. 

Please submit your full name, the 

organization you represent (if 

applicable), email address, and phone 

number to Tina Faecke at tina.faecke@

nist.gov. After pre-registering, 

participants will be provided with 

instructions on how to join the web 

conference. 

Authority: 42 U.S.C. 7704(a)(5) and 

the Federal Advisory Committee Act 

(FACA), as amended, 5 U.S.C. 1001 et 

seq. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2023–18258 Filed 8–23–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD270] 

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. 

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 a Letter 

of Authorization (LOA) has been issued 

to ExxonMobil Corporation 

(ExxonMobil) for the take of marine 

mammals incidental to geophysical 

survey activity in the Gulf of Mexico. 

DATES: The LOA is effective from 

August 18, 2023, through April 1, 2026. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

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 Gulf of 

Mexico (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. The rule became effective on April 

19, 2021. 

Our 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. 

Summary of Request and Analysis 

ExxonMobil plans to conduct well 

appraisal and high-resolution 

engineering geophysical surveys 

associated with its federal lease blocks 

within the High Island and Galveston 

areas. See Figure 1 of the LOA 

application for a map of the area. 

ExxonMobil anticipates using a daily 

contingent of from one to three source 


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57944 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

vessels, depending on the survey stage 

and ongoing survey requirements. 

Surveys may be conducted 24 hours per 

day, but in some instances in shallow 

water areas will only be conducted for 

12 hours per day. Depending on the 

survey objective, source vessels will tow 

a Sercel G-Source II dual airgun array of 

80 to 150 cubic inches (in3), or may be 

outfitted with sources such as a 

multibeam echosounder, side scan 

sonar, and sparker system (e.g., GeoSource 200–400). During survey effort 

using non-airgun sources, only the 

sparker source has the potential to cause 

incidental take of marine mammals. 

Please see ExxonMobil’s application for 

additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

ExxonMobil in its LOA request was 

used to develop LOA-specific take 

estimates based on the acoustic 

exposure modeling results described in 

the preamble (86 FR 5398, January 19, 

2021). In order to generate the 

appropriate take numbers for 

authorization, the following information 

was considered: (1) survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

Summary descriptions of modeled 

survey geometries (i.e., 2D, 3D NAZ, 3D 

WAZ, Coil) are available in the 

preamble to the proposed rule (83 FR 

29220, June 22, 2018). In addition, 

surveys using single airguns and highresolution geophysical sources were 

also modeled. The single airgun was 

selected as the best available proxy 

survey type in this case, as ExxonMobil 

plans to conduct survey effort using two 

single airguns or, alternatively, a sparker 

system. Although no sparkers were 

modeled, use of the single airgun as a 

proxy source is conservative. 

The survey will take place over 

approximately 338 days, within Zone 3 

and adjacent state waters. The seasonal 

distribution of survey days is not known 

in advance. Therefore, the take 

estimates for each species are based on 

the season that produces the greater 

value. 

For some species, take estimates 

based solely on the modeling yielded 

results that are not realistically likely to 

occur when considered in light of other 

relevant information available during 

the rulemaking process regarding 

marine mammal occurrence in the 

GOM. The approach used in the 

acoustic exposure modeling, in which 

seven modeling zones were defined over 

the U.S. GOM, necessarily averages finescale information about marine mammal 

distribution over the large area of each 

modeling zone. Thus, although the 

modeling conducted for the rule is a 

natural starting point for estimating 

take, the rule acknowledged that other 

information could be considered (e.g., 

86 FR 5442, January 19, 2021), 

discussing the need to provide 

flexibility and make efficient use of 

previous public and agency review of 

other information and identifying that 

additional public review is not 

necessary unless the model or inputs 

used differ substantively from those that 

were previously reviewed by NMFS and 

the public. For this survey, NMFS has 

other relevant information reviewed 

during the rulemaking that indicates use 

of the acoustic exposure modeling to 

generate a take estimate for certain 

marine mammal species produces 

results inconsistent with what is known 

regarding their occurrence in the GOM. 

Accordingly, we have adjusted the 

calculated take estimates for those 

species as described below. 

In this case, use of the exposure 

modeling produces results that are 

smaller than average GOM group sizes 

for two species (Maze-Foley and Mullin, 

2006). NMFS’ typical practice in such a 

situation is to increase exposure 

estimates to the assumed average group 

size for a species in order to ensure that, 

if the species is encountered, exposures 

will not exceed the authorized take 

number. However, other relevant 

considerations here lead to a 

determination that increasing the 

estimated exposures to average group 

sizes would likely lead to an 

overestimate of actual potential take. In 

this circumstance, the generally shallow 

depths (5–50 feet (1.5–15.2 meters)) 

associated with the survey and 

relatively small Level B harassment 

isopleths produced through use of the 

single airguns or sparker systems mean 

that it is unlikely that certain species 

would be encountered at all, much less 

that the encounter would result in 

exposure of a greater number of 

individuals than is estimated through 

use of the exposure modeling results. As 

a result, in this case NMFS has not 

increased the estimated exposure values 

to assumed average group sizes in 

authorizing take. 

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 9 of the rule (86 FR 5322, 

January 19, 2021). 

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. For more information please see 

NMFS’ discussion of the MMPA’s small 

numbers requirement provided in the 

final rule (86 FR 5438, January 19, 

2021). 

The take numbers for authorization 

are determined as described above in 

the Summary of Request and Analysis 

section. Subsequently, the total 

incidents of harassment for each species 

are multiplied by scalar ratios to 

produce a derived product that better 

reflects the number of individuals likely 

to be taken within a survey (as 

compared to the total number of 

instances of take), accounting for the 

likelihood that some individual marine 

mammals may be taken on more than 1 

day (see 86 FR 5404, January 19, 2021). 

The output of this scaling, where 

appropriate, is incorporated into 

adjusted total take estimates that are the 

basis for NMFS’ small numbers 

determinations, as depicted in Table 1. 

This product is used by NMFS in 

making the necessary small numbers 

determinations through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5391, 

January 19, 2021). For this comparison, 

NMFS’ approach is to use the maximum 

theoretical population, determined 

through review of current stock 

assessment reports (SAR; https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information 

(https://seamap.env.duke.edu/models/ 

Duke/GOM/). For the latter, for taxa 

where a density surface model could be 

produced, we use the maximum mean 

seasonal (i.e., 3-month) abundance 

prediction for purposes of comparison 

as a precautionary smoothing of monthto-month fluctuations and in 

consideration of a corresponding lack of 

data in the literature regarding seasonal 

distribution of marine mammals in the 


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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 57945 

GOM. Information supporting the small numbers determinations is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take Scaled take 1 Abundance 2 Percent abundance 

Rice’s whale ..................................................................................................... 0 n/a 51 n/a 

Sperm whale .................................................................................................... 0 n/a 2,207 n/a 

Kogia spp. ........................................................................................................ 0 n/a 4,373 n/a 

Beaked whales ................................................................................................. 0 n/a 3,768 n/a 

Rough-toothed dolphin ..................................................................................... 137 39.2 4,853 0.8 

Bottlenose dolphin ............................................................................................ 4,756 1,364.9 176,108 0.8 

Clymene dolphin ............................................................................................... 0 n/a 11,895 n/a 

Atlantic spotted dolphin .................................................................................... 1,685 n/a 74,785 n/a 

Pantropical spotted dolphin .............................................................................. 0 n/a 102,361 n/a 

Spinner dolphin ................................................................................................ 0 n/a 25,114 n/a

Striped dolphin ................................................................................................. 0 n/a 5,229 n/a

Fraser’s dolphin ................................................................................................ 3 1 0.2 1,665 0.0 

Risso’s dolphin ................................................................................................. 0 n/a 3,764 n/a

Melon-headed whale ........................................................................................ 0 n/a 7,003 n/a 

Pygmy killer whale ........................................................................................... 0 n/a 2,126 n/a 

False killer whale .............................................................................................. 3 5 1.3 3,204 0.0 

Killer whale ....................................................................................................... 0 n/a 267 n/a 

Short-finned pilot whale .................................................................................... 0 n/a 1,981 n/a 

1Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers 

shown here. 2Best 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 (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For Rice’s whale and the killer whale, the larger estimated SAR abundance estimate is used. 3 Modeled exposure estimate less than assumed average group size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of ExxonMobil’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 

ExxonMobil authorizing the take of 

marine mammals incidental to its 

geophysical survey activity, as 

described above. 

Dated: August 21, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–18220 Filed 8–23–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD271] 

Pacific Fishery Management Council; 

Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Pacific Fishery 

Management Council (Pacific Council) 

and its advisory bodies will meet 

September 7–14, 2023 in Spokane, 

Washington and via webinar. The 

Council meeting will be live streamed 

with the opportunity to provide public 

comment remotely. 

DATES: The Pacific Council meeting will 

begin on Saturday, September 9, 2023, 

at 9 a.m. Pacific Daylight Time (PDT), 

reconvening at 8 a.m. on Sunday, 

September 10 through Thursday, 

September 14, 2023. All meetings are 

open to the public, except for a Closed 

Session held from 8 a.m. to 9 a.m., 

Saturday, September 9, to address 

litigation and personnel matters. The 

Pacific Council will meet as late as 

necessary each day to complete its 

scheduled business. 

ADDRESSES: Meetings of the Pacific 

Council and its advisory entities will be 

held at the Doubletree by Hilton Hotel 

Spokane City Center, 322 N Spokane 

Falls Court, Spokane, WA; telephone: 

(509) 455–9600. Specific meeting 

information, including directions on 

joining the meeting, connecting to the 

live stream broadcast, and system 

requirements will be provided in the 

meeting announcement on the Pacific 

Council’s website (see 

www.pcouncil.org). You may send an 

email to Mr. Kris Kleinschmidt 

(kris.kleinschmidt@noaa.gov) or contact 

him at (503) 820–2412 for technical 

assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Merrick Burden, Executive Director, 

Pacific Council; telephone: (503) 820– 

2418 or (866) 806–7204 toll-free, or 

access the Pacific Council website, 

www.pcouncil.org, for the proposed 

agenda and meeting briefing materials. 

SUPPLEMENTARY INFORMATION: The 

September 7–14, 2023 meeting of the 

Pacific Council will be streamed live on 

the internet. The broadcasts begin 

initially at 9 a.m. PDT Saturday, 

September 9, 2023, and 8 a.m. PDT 

Sunday, September 10 through 

Thursday, September 14, 2023. 


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