44694 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / 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). 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB309] 

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 Taylor Energy Company LLC (Taylor) 

for the take of marine mammals 

incidental to geophysical survey activity 

in the Gulf of Mexico. 

DATES: The LOA is effective from 

August 15, 2021, through August 15, 

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. 

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 

Taylor plans to conduct a 2D high 

resolution seismic survey in Mississippi 

Canyon Block 20. Taylor plans to use a 

single, 10-cubic inch airgun, and would 

also use a suite of high-resolution 

geophysical acoustic sources aboard an 

autonomous underwater vehicle. Please 

see Taylor’s application for additional 

detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Taylor 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. 

Exposure modeling results were 

generated using the single airgun proxy. 

Because those results assume use of a 

90-in3 airgun, the take numbers 

authorized through this LOA are 

considered conservative (i.e., they likely 

overestimate take) due to differences in 

the sound source planned for use by 

Taylor, as compared to those modeled 

for the rule. The survey is planned to 

occur for 3 days in Zone 5. The season 

is not known in advance. Therefore, the 

take estimates for each species are based 

on the season that has the greater value 

for the species (i.e., winter or summer). 

In this case, use of the exposure 

modeling produces results that are 

substantially smaller than average GOM 

group sizes for multiple species (i.e., 

estimated exposure values are less than 

10 percent of assumed average group 

size for the majority of species) (MazeFoley 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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Notices 44695 

sizes would likely lead to an 

overestimate of actual potential take. In 

this circumstance, the very short survey 

duration and relatively small Level B 

harassment isopleths produced through 

use of a single airgun (compared with an 

airgun array) 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 5322, 5438; January 19, 

2021). 

The take numbers for authorization, 

which are determined as described 

above, 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 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., 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 

GOM. Information supporting the small 

numbers determinations is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take 1 Abundance 2 Percent 

abundance 

Rice’s whale 3 .............................................................................................................................. 0 51 n/a 

Sperm whale ................................................................................................................................ 2 2,207 0.1 

Kogia spp. .................................................................................................................................... 1 4,373 0.0 

Beaked whales ............................................................................................................................ 47 3,768 1.2 

Rough-toothed dolphin ................................................................................................................ 1 4,853 0.0 

Bottlenose dolphin ....................................................................................................................... 5 176,108 0.0 

Clymene dolphin .......................................................................................................................... 2 11,895 0.0 

Atlantic spotted dolphin ............................................................................................................... 2 74,785 0.0 

Pantropical spotted dolphin ......................................................................................................... 10 102,361 0.0 

Spinner dolphin ............................................................................................................................ 3 25,114 0.0 

Striped dolphin ............................................................................................................................. 1 5,229 0.0 

Fraser’s dolphin ........................................................................................................................... 0 1,665 n/a 

Risso’s dolphin ............................................................................................................................. 1 3,764 0.0 

Melon-headed whale ................................................................................................................... 2 7,003 0.0 

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

False killer whale ......................................................................................................................... 1 3,204 0.0 

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

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

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 (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. 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). 

Based on the analysis contained 

herein of Taylor’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 

Taylor authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: August 10, 2020. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–17329 Filed 8–12–21; 8:45 am] 

BILLING CODE 3510–22–P 


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