Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 77475 

the public may also submit written 

comments to the NAIAC at any time. 

Virtual Meeting Registration 

Instructions: The meeting will be 

broadcast via web conference. 

Registration is required to view the web 

conference. Instructions on how to 

register will be made available https:// 

www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac. 

Registration will remain open until the 

conclusion of the meeting. 

In-Person Admittance Instruction: 

Limited space is available on a firstcome, first-served basis for anyone who 

wishes to attend in person. Registration 

is required for in-person attendance. 

Registration details will be posted on 

the NAIAC Upcoming Meeting Page on 

the NIST website at https://

www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac. 

Registration for in-person attendance 

will close at 5 p.m. Pacific time on 

Tuesday, October 8, 2024, or if the space 

is full. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2024–21635 Filed 9–20–24; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE300] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

holding a hybrid meeting of its 

Scientific and Statistical Committee 

(SSC) to consider actions affecting New 

England fisheries in the exclusive 

economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This meeting will be held on 

Wednesday, October 9, 2024, beginning 

at 9 a.m. 

ADDRESSES: 

Meeting address: This meeting will be 

held at the Hilton Providence, 21 

Atwells Avenue, Providence, RI 02903; 

telephone: (401) 831–3900. 

Webinar Registration information: 

https://nefmc-org.zoom.us/webinar/ 

register/WN_PcPsOJlDT3K-IgFdnfJZfA. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950 

FOR FURTHER INFORMATION CONTACT: Cate 

O’Keefe, Ph.D., Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Scientific and Statistical 

Committee (SSC) will meet to review 

the information provided by the 

Council’s Scallop Plan Development 

Team (PDT) and recommend the 

overfishing limits (OFL) and acceptable 

biological catches (ABC) for Atlantic sea 

scallops for fishing years (FY) 2025– 

2026. They will also review the 

information provided by the Council’s 

Groundfish PDT, review stock 

assessment information and recommend 

the OFLs and ABCs for witch flounder 

for FY 2025–2027. 

The SSC will review draft outcomes 

of the 8th National Workshop of the 

Council Coordination Committee’s 

Scientific and Statistical Subcommittee 

held in August 2024 and discuss 

potential next steps for the SSC. They 

also plan to review outcomes of the May 

2024 workshop on Implementing Social 

Science Methods for Fisheries DecisionMaking, discuss a proposal for a formal 

committee on social science; discuss 

potential next steps for the SSC. Other 

business will be discussed, as necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Cate 

O’Keefe, Executive Director, at (978) 

465–0492, at least 5 days prior to the 

meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 18, 2024. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–21692 Filed 9–20–24; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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: 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 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 


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77476 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / 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. 

2Acoustic 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. 

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 

§ 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 (in3) airgun array, or a 6-element, 

1,500 in3 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 in3

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. 

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; SaltProximity—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 

(km2) per day (compared with 

approximately 795 km2, 199 km2, and 

845 km2 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 


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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 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; https:// 

www.fisheries.noaa.gov/national/ 

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

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

Duke/GOM/). Information supporting 

the small numbers determinations is 

provided in table 1. 

TABLE 1—TAKE ANALYSIS 1

Species Authorized 

take Abundance 2 Percent abundance 

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 

1Scalar ratios were not applied in this case due to brief survey duration. 

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 (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). 

6The ‘‘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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE290] 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

Ad Hoc Marine Planning Committee 

(MPC) will hold an online public 

meeting. 


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