30916 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a multistep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report that compiles 

and evaluates potential datasets and 

recommends which datasets are 

appropriate for assessment analyses. 

The product of the Assessment Process 

is a stock assessment report that 

describes the fisheries, evaluates the 

status of the stock, estimates biological 

benchmarks, projects future population 

conditions, and recommends research 

and monitoring needs. The assessment 

is independently peer reviewed at the 

Review Workshop. The product of the 

Review Workshop is a Summary 

documenting panel opinions regarding 

the strengths and weaknesses of the 

stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office, 

HMS Management Division, and 

Southeast Fisheries Science Center. 

Participants include data collectors and 

database managers; stock assessment 

scientists, biologists, and researchers; 

constituency representatives including 

fishermen, environmentalists, and 

NGO’s; International experts; and staff 

of Councils, Commissions, and state and 

federal agencies. 

The items of discussion in the scoping 

webinar are as follows: 

Participants will discuss what data 

may be available for use in the 

assessment of Gulf of Mexico gray 

snapper. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the intent to take final action 

to address the emergency. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to the 

Council office (see ADDRESSES) at least 

10 business days prior to each 

workshop. 

Note: The times and sequence specified in 

this agenda are subject to change. 

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

Dated: May 17, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–10889 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC019] 

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 Echo Offshore, LLC (Echo) and its 

designees for the take of marine 

mammals incidental to geophysical 

survey activity in the Gulf of Mexico. 

DATES: The LOA is effective from May 

15, 2022, through November 30, 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: Kim 

Corcoran, 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 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30917 

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). 

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 

Echo plans to conduct a highresolution seismic survey in the South 

Pelto Lease Block 8. Echo plans to 

simultaneously use a single, 20-cubic 

inch airgun along with three additional 

high-resolution sources: Sidescan sonar, 

a CHIRP sub-bottom profiler, and a 

single-beam echosounder. Please see 

Echo’s application for additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Echo in the 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. 

The survey is planned to occur for 1 

day during a 5-day window. As sources 

will be used simultaneously, exposure 

modeling results were generated using 

the single airgun proxy, as it produced 

the greater value for each species (as 

opposed to the high-resolution 

geophysical proxy, involving use of the 

same package of three additional 

instruments planned for use by Echo. 

Because the 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 

Echo, as compared to those modeled for 

the rule. The survey is planned for 1 day 

in Zone 2 during the summer. 

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 assessment 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. 

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

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

Bottlenose dolphin ............................................................................................................................. 27 176,108 0.0. 

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

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

Atlantic spotted dolphin ..................................................................................................................... 4 26 74,785 0.0. 

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

False killer whale ............................................................................................................................... 0 3,204 n/a. 

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

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

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

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

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

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

Rough-toothed dolphin ...................................................................................................................... 0 4,853 n/a. 

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

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

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


khammond on DSKJM1Z7X2PROD with NOTICES
30918 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

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). 4 Modeled take of 6 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Echo’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 

Echo authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: May 17, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–10936 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC042] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Lighthouse 

Repair and Tour Operations at 

Northwest Seal Rock, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of Letter of 

Authorization (LOA). 

SUMMARY: Pursuant to the Marine 

Mammal Protection Act (MMPA), as 

amended, and implementing 

regulations, NMFS issued an LOA to the 

St. George Reef Lighthouse Preservation 

Society (Society) to take marine 

mammals incidental to conducting 

aircraft operations, lighthouse 

renovation, light maintenance activities, 

and tour operations on the St. George 

Reef Lighthouse Station (Station) on 

Northwest Seal Rock (NWSR). 

DATES: This authorization is effective 

from May 15, 2022 through May 14, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Amy Fowler, 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 (as delegated 

to NMFS) 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 incidental take authorization 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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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). 

Summary 

NMFS issued regulations governing 

the take of California sea lions 

(Zalophus californianus), harbor seals 

(Phoca vitulina), Steller sea lions 

(Eumetopias jubatus), and northern fur 

seals (Callorhinus ursinus), by Level B 

harassment only, incidental to 

lighthouse maintenance and 

preservation activities at NWSR, 

offshore of Crescent City, CA on April 

15, 2022 (87 FR 22484). These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental take of marine 

mammals during the specified activities. 

As further detailed in the regulations 

(50 CFR 217.57), adaptive management 

measures allow NMFS to modify or 

renew LOAs as necessary if doing so 

creates a reasonable likelihood of more 

effective mitigation and monitoring. 

This LOA for the first year of the 

Society’s activities is valid from May 15, 

2022 through May 14, 2023. The LOA 

includes the requirement for quarterly 

monitoring report submissions to ensure 

that implementation and compliance 

will be successful. NMFS will 

reevaluate the Society’s implementation 

and compliance in accordance with the 

terms of the regulations and the oneyear LOA before issuing any additional 

LOAs to the Society. 

Authorization 

NMFS has issued an LOA (available at 

https://www.fisheries.noaa.gov/action/ 

incidental-take-authorizationlighthouse-repair-and-tour-operationsnorthwest-seal-rock) to the Society for 

the potential harassment of small 

numbers of four marine mammal 

species incidental to conducting aircraft 

operations, lighthouse renovation, light 

maintenance activities, and tour 

operations at NWSR, provided the 

mitigation, monitoring and reporting 

requirements of the rulemaking are 

incorporated. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–10937 Filed 5–19–22; 8:45 am] 

BILLING CODE 3510–22–P 


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