Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41671 

and-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 

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. 

NMFS issued an LOA to LLOG on 

January 10, 2022, for the take of marine 

mammals incidental to one of the 

following vertical seismic profile (VSP) 

survey types: Zero Offset, Offset, Walk 

Away, Salt Proximity and/or Check 

Shots after reaching total depth of any 

of the proposed wells operated by LLOG 

within the Keathley Canyon Area. 

Please see the Federal Register notice of 

issuance (87 FR 3084; January 20, 2022) 

for additional detail regarding the LOA 

and the survey activity. 

LLOG initially anticipated that the 

activity would occur at some point 

between March 1 and December 31, 

2022. LLOG subsequently conveyed to 

NMFS that a shift in their rig schedule 

is likely to cause the associated VSP 

survey to occur later than previously 

expected. LLOG has requested 

modification to the effectiveness end 

date of the LOA (from December 31, 

2022 to December 31, 2023) to account 

for any potential delays. There are no 

other changes to LLOG’s planned 

activity. Since issuance of the LOA, no 

survey work has occurred. 

Authorization 

NMFS has changed the effectiveness 

end date of the LOA from December 31, 

2022 to December 31, 2023. There are 

no other changes to the LOA as 

described in the January 10, 2022, 

Federal Register notice of issuance (87 

FR 3084): the specified activity; 

estimated take by incidental 

harassment; and small numbers analysis 

and determination remain unchanged 

and are herein incorporated by 

reference. 

Dated: July 7, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14904 Filed 7–12–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB139] 

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) for the take 

of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico. 

DATES: The LOA is effective from the 

date of issuance 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 


jspears on DSK121TN23PROD with NOTICES1
41672 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / 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). 

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 

Echo plans to conduct four identical 

high resolution seismic surveys using a 

single 20-cubic inch airgun along with 

three additional high-resolution sources: 

a sidescan sonar, a sub-bottom profiler, 

and a multibeam echosounder. Each 

survey will occur in one of the 

following locations: (1) East Cameron 

Area Lease Block 187; (2) Ship Shoal 

Area, South Addition Lease Block 239; 

(3) West Delta Area North Survey Lease 

Area 101; and (4) West Delta Area South 

Survey Lease Block 101. See Echo’s 

application for more details. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Echo 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. 

As sources will be used 

simultaneously, exposure modeling 

results were generated using the single 

airgun proxy, as it produces 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 proxy 

assumes 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 to occur for 1 day at each 

survey location for a total of 4 days of 

surveying. All surveying effort will 

occur in Zone 2 during 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; January 19, 2021, 

86 FR 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. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41673 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take 1 Abundance 2 Percent abundance 

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

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

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

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

Rough-toothed dolphin ................................................................................................................ 3 14 4,853 0.3 

Bottlenose dolphin ....................................................................................................................... 109 176,108 0.1 

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

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

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

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

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

Fraser’s dolphin ........................................................................................................................... 5 0 1,665 n/a 

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

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

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

False killer whale ......................................................................................................................... 5 0 3,204 n/a 

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. 3 Modeled take of 2 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

4 Modeled take of 24 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

5 Modeled take of less than 0.5 was rounded down to zero. 

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 and therefore 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: July 7, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14905 Filed 7–12–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Evaluation of State Coastal 

Management Program; Public Meeting; 

Request for Comments 

AGENCY: Office for Coastal Management, 

National Ocean Service, National 

Oceanic and Atmospheric 

Administration, Department of 

Commerce. 

ACTION: Notice of public meeting and 

opportunity to comment. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA), 

Office for Coastal Management, will 

hold a public meeting to solicit 

comments on the performance 

evaluation of the Virginia Coastal 

Management Program. 

DATES: NOAA will consider all written 

comments received by Friday, August 

12, 2022. A virtual public meeting will 

be held on Monday, August 1, 2022, at 

5 p.m. Eastern Time (ET). 

ADDRESSES: Comments may be 

submitted by one of the following 

methods: 

Email: Carrie Hall, Evaluator, NOAA 

Office for Coastal Management, at 

Carrie.Hall@noaa.gov. 

Public Meeting: Provide oral 

comments during the virtual public 

meeting on Monday, August 1, 2022, at 

5 p.m. ET by registering as a speaker at 

https://tinyurl.com/VirginiaCZM. Please 

register by Monday, August 1, 2022, at 

4 p.m. ET. Participation is online or by 

phone. Upon registration, a 

confirmation email with a meeting link 

will be sent. The lineup of speakers will 

be based on the date and time of 

registration. 

Written comments received are 

considered part of the public record and 

the entirety of the comment, including 

the email address, attachments, and 

other supporting materials, will be 

publicly accessible. Sensitive personal 

information, such as account numbers, 

Social Security numbers, or names of 

individuals, should not be included 

with the comment. Comments that are 

not responsive or that contain profanity, 

vulgarity, threats, or other inappropriate 

language will not be considered. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Hall, Evaluator, NOAA Office for 

Coastal Management, by email at 

Carrie.Hall@noaa.gov or by phone at 

(240) 410–3422. Copies of the previous 

evaluation findings and 2016–2020 

Assessment and Strategy may be viewed 

and downloaded on the internet at 

http://coast.noaa.gov/czm/evaluations/. 

A copy of the evaluation notification 

letter and most recent progress report 

may be obtained upon request by 

contacting Carrie Hall. 

SUPPLEMENTARY INFORMATION: Section 

312 of the Coastal Zone Management 

Act (CZMA) requires NOAA to conduct 

periodic evaluations of federally 


jspears on DSK121TN23PROD with NOTICES1