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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices 30 m depth than to deeper waters, with an average depth during those most common dives of approximately 3 m.
In summary, killer whales are the most rarely encountered species in the GOM and typically occur only in particularly deep water. While this information is reflected through the density model informing the acoustic exposure modeling results, there is relatively high uncertainty associated with the model for this species, and the acoustic exposure modeling applies mean distribution data over areas where the species is in fact less likely to occur.
NMFS determination in reflection of the data discussed above, which informed the final rule, is that use of the generic acoustic exposure modeling results for killer whales would result in high estimated take numbers that are inconsistent with the assumptions made in the rule regarding expected killer whale take 86 FR 5322, 5403; January 19, 2021.
In past authorizations, NMFS has often addressed situations involving the low likelihood of encountering a rare species such as killer whales in the GOM through authorization of take of a 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 the Ursa LOA.

For the Europa LOA, use of the exposure modeling produces an estimate of 7 killer whale exposures.
Given the foregoing, it is unlikely that even one killer whale would be encountered during this 20-day survey, and accordingly no take of killer whales is authorized through the Europa LOA.
Based on the results of our analysis, NMFS has determined that the level of taking 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 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 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
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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 Ursa survey and in Table 2
for the Europa survey.
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 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 Tables 1 and 2.

TABLE 1TAKE ANALYSIS, URSA LOA
Authorized take
jspears on DSK121TN23PROD with NOTICES1

Species Rices whale
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

0
1,184
3 447
5,224
898
4,256
2,528
1,700
11,470
3,073
987
284
743
1,661
391
622
7 480

Scaled take 1
n/a 500.7
159.7
527.6
257.8
1,221.5
725.4
487.9
3,291.9
882.1
283.3
81.5
219.1
489.9
115.3
183.4
n/a 141.7

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 22.7
3.7
14.0
5.3
0.7
6.1
0.7
3.2
3.5
5.4
4.9
5.8
7.0
5.4
5.7
2.6
7.2

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.

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