Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce National Oceanic and Atmospheric Administration [RTID 0648-XE367]
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Notice; 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 (GOM), notification is hereby given that NMFS has issued a Letter of Authorization (LOA) to WesternGeco for the take of marine mammals incidental to geophysical survey activity in the GOM.
 DATES: This LOA is effective from October 3, 2024 through November 15, 2024.
 ADDRESSES: The LOA, LOA request, and supporting documentation are available online at: 
                        *https://www.fisheries.noaa.gov/​marine-mammal-protection/​issued-letters-authorization-oil-and-gas-industry-geophysical-survey.*
                         In case of problems accessing these documents, please call the contact listed below (
                        **FOR FURTHER INFORMATION CONTACT**
                        ).
 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 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). 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). 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 NMFS issued a LOA to TGS on September 27, 2023, for the take of marine mammals incidental to a 3-dimensional ocean bottom node survey in the Green Canyon, Ewing Bank, and Atwater Valley protraction areas, including approximately 380 lease blocks, effective September 27, 2023, through September 28, 2024. Please see the 
                    **Federal Register**
                     notification (88 FR 68106, October 3, 2023) for additional detail regarding the LOA and the planned survey activity. On December 20, 2023, TGS requested the transfer of the LOA to WesternGeco, its partner in the planned survey effort. WesternGeco confirmed to NMFS that it similarly requested transfer of the LOA. No other changes were requested. The revised LOA remained effective through 
                    ( print page 82231)
                    September 28, 2024. Please see the 
                    **Federal Register**
                     notice of issuance of a revised LOA (89 FR 5864, January 30, 2024) for additional detail regarding the transfer. WesternGeco notified NMFS that due to survey delays it had not completed the survey plan described in the initial LOA request submitted by TGS and, because the original LOA has expired, has requested that an additional LOA be issued effective through November 15, 2024, to cover completion of the planned survey effort. Although this is technically a new LOA, NMFS considers this to be functionally an extension of the original LOA, as the survey activity considered herein represents the conclusion of the originally planned survey. Of the originally planned 65 days of sound source operations, approximately 16 days of surveying remains, all in Zone 5. There are no other changes to WesternGeco's planned activity, as described in the original notice of issuance (88 FR 68106, October 3, 2023). On this basis, NMFS has updated take estimates based on information provided in the 2024 final rule (89 FR 31488, April 24, 2024), and corresponding with the estimated 16 days of remaining survey activity. As WesternGeco's is using conventional airgun sources consisting of 28 elements, with a total volume of 5,240 cubic inches (or the less-impactful Gemini source), we have used the 5,110 cu in airgun array proxy to estimate the take numbers. 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. 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 (86 FR 5404, January 19, 2021; 89 FR 31535, May 24, 2024). 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. Normally, a survey with a duration of 16 days would not apply scalar ratios for the small numbers determination. However, scalar ratios were used in this instance since we consider this survey a continuation of the original 65 day survey. 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/​marine-mammal-stock-assessments*) and model-predicted 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
Scaled take
Abundance 2
Percent
                             abundanceRice's whale
0
n/a
51
n/aSperm whale
112
47.4
3,007
1.6*Kogia*
                             spp
3
                             48
14.7
980
1.7Beaked whales
489
49.4
803
6.1Rough-toothed dolphin
372
106.9
4,853
2.2Bottlenose dolphin
296
85.0
165,125
0.1Clymene dolphin
208
59.6
4,619
1.3Atlantic spotted dolphin
108
31.0
21,506
0.1Pantropical spotted dolphin
2,834
813.4
67,225
1.2Spinner dolphin
4
                             152
14.4
5,548
0.3Striped dolphin
525
150.6
5,634
2.7Fraser's dolphin
137
39.2
1,665
2.4Risso's dolphin
87
25.6
1,974
1.3Blackfish 5
804
237.3
6,113
3.9Short-finned pilot whale
113
33.3
2,741
1.21
                         Scalar ratios were applied to “Authorized Take” values as described at 86 FR 5322, 5404 (January 19, 2021) 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, and Risso's dolphin, the larger estimated SAR abundance estimate is used.3
                         Includes 2 takes by Level A harassment and 46 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 50 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006).5
                         The “blackfish” guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales.
 Based on the analysis contained herein of WesternGeco's modified survey activity described in its LOA modification requesr and the anticipated take of marine mammals, NMFS finds that small numbers of 
                    ( print page 82232)
                    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 modified 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 WesternGeco authorizing the take of marine mammals incidental to its geophysical survey activity, as described above. Dated: October 7, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service.


[FR Doc. 2024-23483 Filed 10-9-24; 8:45 am] BILLING CODE 3510-22-P