[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69623-69625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22257]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD377]


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.

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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 Cantium, LLC 
(Cantium) for the take of marine mammals incidental to geophysical 
survey activity in the Gulf of Mexico.

DATES: The LOA is effective from October 1, 2023 through December 31, 
2023.

ADDRESSES: The LOA, LOA request, and supporting documentation are 
available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico. In case of problems accessing these documents, please call 
the contact listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of 
Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds

[[Page 69624]]

that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment), or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).
    On January 19, 2021, we issued a final rule with regulations to 
govern the unintentional taking of marine mammals incidental to 
geophysical survey activities conducted by oil and gas industry 
operators, and those persons authorized to conduct activities on their 
behalf (collectively ``industry operators''), in U.S. waters of the 
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

    Cantium plans to conduct a 3-Dimensional (3D) ocean bottom node 
(OBN) survey as part of ancillary activities associated with Cantium's 
Federal lease blocks in the Bay Marchand area. See Section G of the LOA 
application for a map of the area.
    Cantium anticipates using a single source vessel, towing two 
airguns with a total volume of 300 cubic inches (in\3\). Please see 
Cantium's application for additional detail.
    Consistent with the preamble to the final rule, the survey effort 
proposed by Cantium 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 5398, January 19, 2021). In order to 
generate the appropriate take numbers 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.
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    \1\ For purposes of acoustic exposure modeling, the GOM was 
divided into seven zones. Zone 1 is not included in the geographic 
scope of the rule.
    \2\ For purposes of acoustic exposure modeling, seasons include 
Winter (December-March) and Summer (April-November).
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    Summary descriptions of modeled survey geometries (i.e., 2D, 3D 
NAZ, 3D WAZ, Coil) are available in the preamble to the proposed rule 
(83 FR 29220, June 22, 2018). Surveys using a single (90 in\3\) airgun 
and high-resolution geophysical sources were also modeled. The single 
airgun was selected as the best available proxy survey type for 
Cantium's survey effort. Although Cantium is using two airguns, the 
take numbers authorized in the LOA based on use of the single airgun 
proxy are substantially similar to those anticipated to occur through 
use of the planned sound source (two airguns, 300 in\3\) in the planned 
survey location. The acoustic exposure modeling necessarily averages 
fine-scale information about marine mammal distribution over the large 
area of each modeling zone. As the survey will take place in very 
shallow water (30-50 feet (ft); 9-15 meters (m)) compared to the 
acoustic exposure modeling, where few species are likely to occur, we 
have determined that the single airgun proxy is most representative of 
the effort planned by Cantium in terms of predicted Level B harassment 
exposures.
    The survey will take place over approximately 45 days, within Zone 
2 and adjacent state waters. The seasonal distribution of survey days 
is not known in advance. Therefore, the take estimates for each species 
are based on the season that produces the greater value.
    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 5438, January 19, 2021).
    The take numbers for authorization are determined as described 
above in the Summary of Request and Analysis section. Subsequently, the 
total incidents of harassment for each species are multiplied by scalar 
ratios to produce a derived product that better reflects the number of 
individuals likely to be taken within a survey (as compared to the 
total number of instances of take), accounting for the likelihood that 
some individual marine mammals may be taken on more than 1 day (see 86 
FR 5404, January 19, 2021). The output of this scaling, where 
appropriate, is incorporated into adjusted total take estimates that 
are the basis for NMFS' small numbers determinations, as depicted in 
Table 1.
    This product is used by NMFS in making the necessary small numbers 
determinations through comparison with the best available abundance 
estimates (see discussion at 86 FR 5391, January 19, 2021). For this 
comparison, NMFS' approach is to use the maximum theoretical 
population, determined through review of current stock assessment 
reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-
protection/marine-

[[Page 69625]]

mammal-stock-assessments) and model-predicted 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 month-to-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
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                                                    Authorized      Scaled take                       Percent
                     Species                           take             \1\        Abundance \2\     abundance
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Rice's whale....................................               0             n/a              51             n/a
Sperm whale.....................................               0             n/a           2,207             n/a
Kogia spp.......................................           \3\ 0             n/a           4,373             n/a
Beaked whales...................................               0             n/a           3,768             n/a
Rough-toothed dolphin...........................              23             6.7           4,853             0.1
Bottlenose dolphin..............................           1,389           398.7         176,108             0.2
Clymene dolphin.................................               0             n/a          11,895             n/a
Atlantic spotted dolphin........................             301            86.3          74,785             0.1
Pantropical spotted dolphin.....................               0             n/a         102,361             n/a
Spinner dolphin.................................               0             n/a          25,114             n/a
Striped dolphin.................................               0             n/a           5,229             n/a
Fraser's dolphin................................               0             n/a           1,665             n/a
Risso's dolphin.................................               0             n/a           3,764             n/a
Melon-headed whale..............................               0             n/a           7,003             n/a
Pygmy killer whale..............................               0             n/a           2,126             n/a
False killer whale..............................           \3\ 0             n/a           3,204             n/a
Killer whale....................................               0             n/a             267             n/a
Short-finned pilot whale........................               0             n/a           1,981             n/a
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
  to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
  estimates is considered here to be the model-predicted abundance (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
  Rice's whale and the killer whale, the larger estimated SAR abundance estimate is used.
\3\ Modeled take of two decreased to zero. For false killer whales, use of the exposure modeling produces
  results that are smaller than the average GOM group size (i.e., estimated exposure value of 2, relative to
  assumed average group size of 28) (Maze-Foley and Mullin, 2006). NMFS' typical practice 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, given the depth of the survey area
  (9-15 m) in relation to the depths this species is normally sighted (>200 m), NMFS has determined that is
  unlikely the species would be encountered at all. As a result, in this case NMFS has not authorized take for
  this species.

    Based on the analysis contained herein of Cantium'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 Cantium authorizing the take of marine mammals 
incidental to its geophysical survey activity, as described above.

    Dated: October 2, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2023-22257 Filed 10-5-23; 8:45 am]
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