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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 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 for each LOA.
Based on the results of our analysis, NMFS has determined that the level of taking expected for these surveys and authorized through the LOAs is consistent with the findings made for the total taking allowable under the regulations. See Tables 1 and 2 in this notice and Table 9 of the rule 86 FR
5322; January 19, 2021.
Small Numbers Determinations 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
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 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 Tables 1 and 2.

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 MMPAs 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 may be 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 determinations, as depicted in Table 1
for Shells Stones survey and in Table 2 for the Perdido survey.

TABLE 1TAKE ANALYSIS, STONES LOA
Authorized take
Species Rices whale 3
Sperm whale
Kogia spp
Beaked whales
Rough-toothed dolphin
Bottlenose dolphin
Clymene dolphin
Atlantic spotted dolphin
Pantropical spotted dolphin
Spinner dolphin
Striped dolphin
Frasers dolphin
Rissos dolphin
Melon-headed whale
Pygmy killer whale
False killer whale
Killer whale
Short-finned pilot whale

Scaled take 1

0
523
4 319
5,131
712
23
2,227
0 22,112
519
1,157
399
365
1,572
589
667
7 125

n/a 221.2
121.3
518.2
204.3
6.6
639.1
n/a 6,346.1
149.0
332.1
114.5
107.7
463.7
173.8
196.8
n/a 36.9

Abundance 2
51
2,207
4,373
3,768
4,853
176,108
11,895
74,785
102,361
25,114
5,229
1,665
3,764
7,003
2,126
3,204
267
1,981

Percent abundance n/a 10.0
2.8
13.8
4.2
0.0
5.4
n/a 6.2
0.6
6.4
6.9
2.9
6.6
8.2
6.1
2.6
1.9

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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 the killer whale, the larger estimated SAR abundance estimate is used.
3 The final rule refers to the GOM Brydes whale Balaenoptera edeni. These whales were subsequently described as a new species, Rices whale Balaenoptera ricei Rosel et al., 2021.
4 Includes 11 takes by Level A harassment and 308 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 Level A harassment take.

TABLE 2TAKE ANALYSIS, PERDIDO LOA
Authorized take
Species Rices whale 3
Sperm whale
Kogia spp

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Scaled take 1

0
377
4 227

E:FRFM21JYN1.SGM

n/a 159.5
88.0

21JYN1

Abundance 2
51
2,207
4,373

Percent abundance n/a 7.2
2.0