Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 37309 

operations would occur further from 

shore, the survey would not be expected 

to have any impact on the availability of 

the species or stocks for subsistence 

users. L–DEO conducted outreach to 

local stakeholders, including 

subsistence communities, to notify 

subsistence hunters of the planned 

survey, to identify the measures that 

would be taken to minimize any effects 

on the availability of marine mammals 

for subsistence uses, and to provide an 

opportunity for comment on these 

measures. During operations, radio 

communications and Notice to Mariners 

would keep interested parties apprised 

of vessel activities. NMFS is unaware of 

any other subsistence uses of the 

affected marine mammal stocks or 

species that could be implicated by this 

action. On this basis, NMFS 

preliminarily determined that the total 

taking of affected species or stocks 

would not have an unmitigable adverse 

impact on the availability of such 

species or stocks for taking for 

subsistence purposes, and requested 

comments or any information that may 

help to inform this determination. We 

did not receive any comments or 

additional information regarding 

potential impacts on the availability of 

marine mammals for subsistence uses. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

National Environmental Policy Act 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), the National 

Science Foundation prepared an 

Environmental Analysis (EA) to 

consider the direct, indirect, and 

cumulative effects to the human 

environment from this geophysical 

survey of the Queen Charlotte Fault. 

NSF’s EA was made available to the 

public for review and comment in 

relation to its suitability for adoption by 

NMFS in order to assess the impacts to 

the human environment of issuance of 

an IHA to L–DEO. In compliance with 

NEPA and the CEQ regulations, as well 

as NOAA Administrative Order 216–6A, 

NMFS has reviewed the NSF’s EA, 

determined it to be sufficient, and 

adopted that EA and signed a Finding 

of No Significant Impact (FONSI). NSF’s 

EA is available at www.nsf.gov/geo/oce/ 

envcomp/, and NMFS’ FONSI is 

available at www.fisheries.noaa.gov/ 

action/incidental-take-authorizationlamont-doherty-earth-observatorygeophysical-survey-queen. 

Endangered Species Act (ESA) 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

On July 7, 2021, the NMFS Office of 

Protected Resources (OPR) ESA 

Interagency Cooperation Division issued 

a Biological Opinion under section 7 of 

the ESA, on the issuance of an IHA to 

L–DEO under section 101(a)(5)(D) of the 

MMPA by the NMFS OPR Permits and 

Conservation Division. The Biological 

Opinion concluded that the proposed 

action is not likely to jeopardize the 

continued existence of the sei whale, fin 

whale, blue whale, sperm whale, 

Mexico DPS of humpback whale, 

western North Pacific DPS of gray 

whale, North Pacific right whale, and 

western DPS of Steller sea lion. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to L–DEO for 

conducting a marine geophysical survey 

of the Queen Charlotte Fault beginning 

in July 2021, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: July 12, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–15046 Filed 7–14–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB222] 

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 Shell Offshore Inc. (Shell) for the take 

of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico. 

DATES: The LOA is effective from July 

15, 2021, through August 15, 2021. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-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 


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37310 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 

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 Federal waters of the 

U.S. 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 

Shell plans to conduct sea trials of an 

alternative sound source known as the 

Low Impact Seismic Source-Tuned 

Pulse Source (LISS–TPS). These trials 

will be conducted using only the LISS– 

TPS sound source, covering portions of 

approximately 45 lease blocks centered 

around Lease Block AC 690 in Shell’s 

Leopard development area. Please see 

Shell’s application for additional detail. 

The LISS–TPS source was not 

included in the acoustic exposure 

modeling developed in support of the 

rule. However, our rule anticipated the 

possibility of new and unusual 

technologies (NUT) and determined 

they would be evaluated on a case-by 

case basis (86 FR 5322, 5442; January 

19, 2021). 

The LISS–TPS source operates on the 

same basic principles as a traditional 

airgun source in that it uses compressed 

air to create a bubble in the water 

column which then goes through a 

series of collapses and expansions 

creating primarily low-frequency 

sounds. The difference between the two 

sources is that the LISS–TPS source 

releases a larger volume of air (the 

LISS–TPS source has a volume of 

26,500 in3, whereas the standard airgun 

array used in the acoustic exposure 

modeling supporting the rule has a total 

volume of 8,000 in3), but at lower 

pressure (the LISS–TPS source operates 

at 1,000 pounds per square inch (psi), 

whereas traditional airguns are typically 

operated at 2,000 psi). This creates a 

larger bubble resulting in more of the 

energy being concentrated in lowfrequencies. The release of the air is also 

‘‘tuned’’ so that the primary signal has 

an extended rise time and lower peak 

pressure level than that of a traditional 

airgun array source. 

The LISS–TPS source produces more 

sound at lower frequencies 

(approximately 3–7 Hz) compared to an 

airgun source, while producing much 

less sound (lower decibel levels) at 

frequencies above 7 Hz, meaning that 

the source produces significantly 

reduced energy at frequencies used by 

marine mammals for hearing and 

communication. This means that even 

for species in the low-frequency hearing 

group (mysticete whales) most affected 

by seismic survey sounds, the LISS–TPS 

source is expected to have less impact 

than a traditional airgun array in terms 

of overlap with frequencies the species 

use. Potential impacts on mid- and highfrequency hearing groups will be 

reduced even more. 

Besides producing less energy in 

frequencies used by marine mammals, 

the LISS–TPS source produces sounds 

with overall lower energy at the source. 

Test data for the actual source planned 

for use in these trials were obtained at 

a quarry, showing that the LISS–TPS 

source produces significantly less 

output than a traditional airgun array at 

all frequencies above 5 Hz. For example, 

the LISS–TPS source level (at the 

typical reference distance of 1 m) has a 

peak sound pressure level (SPLpeak) of 

236 dB and a single-shot sound 

exposure level (SEL) of 220 dB. These 

measured levels are 19 dB and 12 dB 

less than the modeled SPLpeak and SEL 

source levels, respectively, for the 

8,000-in3 airgun array used in the 

acoustic exposure modeling (source 

level = 255 dB SPLpeak; 232 dB SEL). For 

every 6-dB reduction in source level, the 

approximate distance to the same 

threshold level would be cut in half, 

meaning that there would be more than 

an 8-fold reduction in distance to 

SPLpeak thresholds. There would also be 

a significant reduction in the likelihood 

that auditory injury could result from 

the accumulation of energy (which is 

expected to dictate occurrence of injury 

for low-frequency cetaceans, though 

they are not expected to occur in the 

area of this planned survey). The much 

lower peak sound pressure levels near 

the source and extended rise time 

reduce the potential for auditory injury 

(Level A harassment) for all marine 

mammal species, since these are the two 

main physical characteristics of 

impulsive sounds that are considered 

most injurious. 

The LISS–TPS source produces a 33 

dB lower root-mean-square SPL 

(SPLrms), compared with estimates for a 

commonly used 5,110-in 3 airgun array. 

Thus, a reduction in the source level of 

33 dB would result in distances to 

SPLrms Level B harassment thresholds 

being less than 1/32 of the airgun array. 

These factors lead to a conclusion that 

take by Level B harassment associated 

with use of the LISS–TPS source would 

be less than would occur for a similar 

survey instead using the modeled airgun 

array as a sound source, and that use of 

the LISS–TPS source results in lower 

potential for the occurrence of Level A 

harassment than does use of the 

modeled airgun array. Based on the 

foregoing, we have determined there 

will be no effects of a magnitude or 

intensity different from those evaluated 

in support of the rule. Moreover, use of 

modeling results relating to use of the 

72 element, 8,000 in 3 airgun array are 

expected to be significantly conservative 

as a proxy for use in evaluating 

potential impacts of use of the LISS– 

TPS source. 

(We also note that for this LISS–TPS 

source, BOEM determined that 

Endangered Species Act (ESA) section 7 

step-down review of the LISS–TPS 

source was required under NMFS’ 2020 

Biological Opinion on the Federally 

Regulated Oil and Gas Program 

Activities in the Gulf of Mexico. This 

step-down review was conducted in 

association with modification of 

BOEM’s Permit L20–012. NMFS’ ESA 

Interagency Consultation Division 

requested and received an analysis from 

BOEM that considered the effects 

associated with the LISS–TPS source. 

As a result of this review, NMFS 

determined that use of the source is 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 37311 

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). 

3The final rule refers to the GOM Bryde’s whale 

(Balaenoptera edeni). These whales were 

subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 

4However, note that these species have been 

observed over a greater range of water depths in the 

GOM than have killer whales. 

unlikely to result in additional effects 

beyond those previously considered in 

the 2020 Biological Opinion.) 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Shell 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 5322, 5398; January 19, 

2021). 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; 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. 

3D NAZ was used as the most suitable 

proxy for survey type based on the 

survey design and similarities to the 

general 3D NAZ survey geometry. 

Although this planned survey would 

only use a single source vessel, 

compared with the two source vessels 

assumed in modeling 3D NAZ surveys, 

the planned line spacing is most 

comparable to 3D NAZ. Please see 

summary descriptions of modeled 

survey geometries in the preamble to the 

proposed rule (83 FR 29212, 29220; June 

22, 2018). Take numbers authorized 

through the LOA are considered very 

conservative due to differences in both 

the sound source and the survey 

geometry planned by Shell, as compared 

to those modeled for the rule. 

The survey is planned to occur for 20 

days, with 8 days occurring in Zone 6 

and 12 days in Zone 7. The season is 

defined as summer. Note that Rice’s 

(formerly Bryde’s) whales 3 are assumed 

to not be present in Zone 6 (see 83 FR 

29212, 29253; June 22, 2018), and no 

take of Rice’s whale is authorized 

through this LOA. Note that use of the 

modeling results indicates that no take 

of Rice’s whale would occur in Zone 7. 

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. Thus, although the modeling 

conducted for the rule is a natural 

starting point for estimating take, our 

rule acknowledged that other 

information could be considered (see, 

e.g., 86 FR 5322, 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 as described 

below. 

Killer whales are the most rarely 

encountered species in the GOM, 

typically in deep waters of the central 

GOM (Roberts et al., 2015; Maze-Foley 

and Mullin, 2006). The approach used 

in the acoustic exposure modeling, in 

which seven modeling zones were 

defined over the U.S. GOM, necessarily 

averages fine-scale information about 

marine mammal distribution over the 

large area of each modeling zone. NMFS 

has determined that the approach 

results in unrealistic projections 

regarding the likelihood of encountering 

killer whales. 

As discussed in the final rule, the 

density models produced by Roberts et 

al. (2016) provide the best available 

scientific information regarding 

predicted density patterns of cetaceans 

in the U.S. GOM. The predictions 

represent the output of models derived 

from multi-year observations and 

associated environmental parameters 

that incorporate corrections for 

detection bias. However, in the case of 

killer whales, the model is informed by 

few data, as indicated by the coefficient 

of variation associated with the 

abundance predicted by the model 

(0.41, the second-highest of any GOM 

species model; Roberts et al., 2016). The 

model’s authors noted the expected 

non-uniform distribution of this rarelyencountered species (as discussed 

above) and expressed that, due to the 

limited data available to inform the 

model, it ‘‘should be viewed cautiously’’ 

(Roberts et al., 2015). 

NOAA surveys in the GOM from 

1992–2009 reported only 16 sightings of 

killer whales, with an additional three 

encounters during more recent survey 

effort from 2017–18 (Waring et al., 2013; 

www.boem.gov/gommapps). Two other 

species were also observed on less than 

20 occasions during the 1992–2009 

NOAA surveys (Fraser’s dolphin and 

false killer whale 4). However, 

observational data collected by 

protected species observers (PSOs) on 

industry geophysical survey vessels 

from 2002–2015 distinguish the killer 

whale in terms of rarity. During this 

period, killer whales were encountered 

on only 10 occasions, whereas the next 

most rarely encountered species 

(Fraser’s dolphin) was recorded on 69 

occasions (Barkaszi and Kelly, 2019). 

The false killer whale and pygmy killer 

whale were the next most rarely 

encountered species, with 110 records 

each. The killer whale was the species 

with the lowest detection frequency 

during each period over which PSO data 

were synthesized (2002–2008 and 2009– 

2015). This information qualitatively 

informed our rulemaking process, as 

discussed at 86 FR 5322, 5334 (January 

19, 2021), and similarly informs our 

analysis here. 

The rarity of encounter during seismic 

surveys is not likely to be the product 

of high bias on the probability of 

detection. Unlike certain cryptic species 

with high detection bias, such as Kogia 

spp. or beaked whales, or deep-diving 

species with high availability bias, such 

as beaked whales or sperm whales, 

killer whales are typically available for 

detection when present and are easily 

observed. Roberts et al. (2015) stated 

that availability is not a major factor 

affecting detectability of killer whales 

from shipboard surveys, as they are not 

a particularly long-diving species. Baird 

et al. (2005) reported that mean dive 

durations for 41 fish-eating killer whales 

for dives greater than or equal to 1 

minute in duration was 2.3–2.4 minutes, 

and Hooker et al. (2012) reported that 

killer whales spent 78 percent of their 

time at depths between 0–10 m. 

Similarly, Kvadsheim et al. (2012) 

reported data from a study of four killer 

whales, noting that the whales 

performed 20 times as many dives to 1– 

30 m depth than to deeper waters, with 

an average depth during those most 

common dives of approximately 3 m. 

In summary, killer whales are the 

most rarely encountered species in the 

GOM and typically occur only in 

particularly deep water. While this 

information is reflected through the 

density model informing the acoustic 

exposure modeling results, there is 

relatively high uncertainty associated 

with the model for this species, and the 

acoustic exposure modeling applies 


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37312 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 

mean distribution data over areas where 

the species is in fact less likely to occur. 

NMFS’ determination in reflection of 

the data discussed above, which 

informed the final rule, is that use of the 

generic acoustic exposure modeling 

results for killer whales would result in 

high estimated take numbers that are 

inconsistent with the assumptions made 

in the rule regarding expected killer 

whale take (86 FR 5322, 5403; January 

19, 2021). 

In past authorizations, NMFS has 

often addressed situations involving the 

low likelihood of encountering a rare 

species such as killer whales in the 

GOM through authorization of take of a 

single group of average size (i.e., 

representing a single potential 

encounter). See 83 FR 63268, December 

7, 2018. See also 86 FR 29090, May 28, 

2021; 85 FR 55645, September 9, 2020. 

For the reasons expressed above, NMFS 

determined that a single encounter of 

killer whales is more likely than the 

model-generated estimates and has 

authorized take associated with a single 

killer whale group encounter (i.e., up to 

7 animals). 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking 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 5322, 5438; January 19, 

2021). 

The take numbers for authorization 

are determined as described above. 

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 one day (see 86 FR 

5322, 5404; January 19, 2021). The 

output of this scaling, where 

appropriate, is incorporated into an 

adjusted total take estimate that is the 

basis for NMFS’ small numbers 

determination, as depicted in Table 1 

for Shell’s 20-day survey. 

This product is used by NMFS in 

making the necessary small numbers 

determination, 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 abundance reports (SAR; 

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., three-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 

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 

Sperm whale .................................................................................................... 347 146.8 2,207 6.7 

Kogia spp ......................................................................................................... 3 107 33.1 4,373 0.8 

Beaked whales ................................................................................................ 1,990 201.0 3,768 5.3 

Rough-toothed dolphin .................................................................................... 270 77.5 4,853 1.6 

Bottlenose dolphin ........................................................................................... 511 146.7 176,108 0.1 

Clymene dolphin .............................................................................................. 1,001 287.3 11,895 2.4 

Atlantic spotted dolphin ................................................................................... 213 61.1 74,785 0.1 

Pantropical spotted dolphin ............................................................................. 4,946 1,419.5 102,361 1.4 

Spinner dolphin ................................................................................................ 4 152 43.6 25,114 0.2 

Striped dolphin ................................................................................................. 347 99.6 5,229 1.9 

Fraser’s dolphin ............................................................................................... 125 35.9 1,665 2.2 

Risso’s dolphin ................................................................................................. 180 53.1 3,764 1.4 

Melon-headed whale ....................................................................................... 552 162.8 7,003 2.3 

Pygmy killer whale ........................................................................................... 169 49.9 2,126 2.3

False killer whale ............................................................................................. 222 65.5 3,204 2.0 

Killer whale ...................................................................................................... 7 n/a 267 2.6

Short-finned pilot whale ................................................................................... 216 63.7 1,981 3.2 

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 the killer whale, the larger estimated SAR abundance estimate is used. 3 Includes 4 takes by Level A harassment and 103 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. 4Estimated take of 117 increased based on assumed average group size of 152 (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Shell’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 and therefore is of no 

more than small numbers. 


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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 

Shell authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: July 12, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–15047 Filed 7–14–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB225] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council’s Mackerel, Squid, 

and Butterfish (MSB) Monitoring 

Committee will hold a public meeting. 

DATES: The meeting will be held on 

Monday, July 26, 2021; from 10 a.m. to 

1 p.m. For agenda details, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The meeting will be held 

via webinar. Webinar connection 

information will be available at 

www.mafmc.org/council-events. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is for the MSB 

Monitoring Committee to provide 

recommendations regarding Atlantic 

mackerel, potentially including: 2021/ 

2022 emergency action, future 

specifications, and/or rebuilding plan 

modifications and options. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Kathy Collins at the Council Office, 

(302) 526–5253, at least 5 days prior to 

the meeting date. 

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

Dated: July 7, 2021. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–14782 Filed 7–14–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB212] 

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 Chevron U.S.A. Inc. (Chevron) for the 

take of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico. 

DATES: The LOA is effective from 

August 1, 2021, through June 1, 2022. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-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 Federal waters of the 

U.S. 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. 


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