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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices between available modeled survey geometries i.e., 2D, 3D NAZ, 3D WAZ, Coil and the subject zero offset VSP
surveys, and the fact that all available acoustic exposure modeling results assume use of a 72 element, 8,000 in3
array compared with the 612 element, 2,400 in3 array planned for use by bp, mean that take estimate numbers for this particular survey based on the model
are expected to be significantly conservative.
Taking these considerations together with the fact that the estimated annual killer whale take numbers based on the model are low less than the average group size and that the annual survey effort for this LOA is of very brief duration, we conclude that no take of killer whales is likely to occur.
Therefore, NMFS has re-issued the LOA

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with no authorization for take of killer whales. Authorized take numbers represented in the original notice of issuance are unchanged for all other species see Table 1 below, and the determination that the taking is of no more than small numbers of marine mammals provided in the notice of issuance 86 FR 38018; July 19, 2021
remains valid.

TABLE 1TAKE ANALYSIS, ZERO OFFSET VSP LOA
Annual authorized take 1

Species 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

Abundance 2

198

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

3 79

1,120
134
681
449
258
2,310
496
182
53
128
290
64
96
0 77

Percent abundance 9.0
1.8
29.7
2.8
0.4
3.8
0.3
2.3
2.0
3.5
3.2
3.4
4.1
3.0
3.0
n/a 3.9

1 Scalar
ratios were not applied in this case due to brief annual 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 Includes 2 annual takes by Level A harassment and 77 annual takes by Level B harassment.
2 Best
Authorization
DEPARTMENT OF COMMERCE

NMFS has determined that the level of taking for the 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.
NMFS has re-issued the LOA to bp authorizing the take of marine mammals incidental to its zero offset VSP
geophysical survey activity, for the reasons described above.

National Oceanic and Atmospheric Administration
Dated: September 23, 2021.
Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202121107 Filed 92821; 8:45 am
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Request for Public Comment Regarding an Administrative Law Judges Recommended Decision on a Proposed Waiver and Regulations Governing the Taking of Marine Mammals National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; request for comments.
AGENCY:

NMFS has proposed to issue a waiver and regulations under the Marine Mammal Protection Act MMPA to allow the Makah Indian Tribe to take a limited number of Eastern North Pacific ENP gray whales for ceremonial and subsistence purposes. A hearing to consider the proposed waiver and regulations took place on November 1421, 2019, in Seattle, Washington before
SUMMARY:

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Administrative Law Judge George J.
Jordan. On September 23, 2021, Judge Jordan transmitted his recommended decision to NMFS along with the hearing transcript and other required documentation. As required by MMPA
regulations, NMFS now requests public comment on the Judges recommended decision.
Comments must be submitted in writing by October 19, 2021.

DATES:

You may submit comments on this document, identified by NOAA
NMFS20190037, by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/docket?D=NOAANMFS-2019-0037, click the Comment Now! icon, complete the required fields, and enter or attach your comments.
Mail: Attn: Grace Ferrara, NMFS
West Coast Region, 7600 Sand Point Way NE, Seattle, WA 98115. Include the identifier NOAANMFS20190037
in the comments.

ADDRESSES:

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