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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Notices sizes would likely lead to an overestimate of actual potential take. In this circumstance, the very short survey duration and relatively small Level B
harassment isopleths produced through use of a single airgun compared with an airgun array mean that it is unlikely that certain species would be encountered at all, much less that the encounter would result in exposure of a greater number of individuals than is estimated through use of the exposure modeling results. As a result, in this case NMFS has not increased the estimated exposure values to assumed average group sizes in authorizing take.
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 MMPAs 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 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., 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 1TAKE ANALYSIS
Authorized take 1

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

0
2 1
47
1 5
2 2
10
3 1
0 1
2 0
1 0
0

Abundance 2

Percent abundance
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

n/a 0.1
0.0
1.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
n/a 0.0
0.0
n/a 0.0
n/a n/a
1 Scalar
ratios were not applied in this case due to brief survey duration.
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.

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2 Best
Based on the analysis contained herein of Taylors 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.

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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 Taylor authorizing the take of marine mammals incidental to its geophysical survey activity, as described above.

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Dated: August 10, 2020.
Catherine Marzin, Acting Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202117329 Filed 81221; 8:45 am BILLING CODE 351022P

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