Notice2022-09008
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2022
Effective
April 20, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 NMFS has issued a revised Letter of Authorization (LOA) to Equinor Gulf of Mexico LLC (Equinor), in place of TotalEnergies E&P USA, Inc. (TotalEnergies), for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24970-24971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09008]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB979]
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; issuance of revised 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 NMFS has issued a revised Letter of Authorization (LOA) to Equinor
Gulf of Mexico LLC (Equinor), in place of TotalEnergies E&P USA, Inc.
(TotalEnergies), for the take of marine mammals incidental to
geophysical survey activity in the Gulf of Mexico.
DATES: The LOA is effective from April 20, 2022, through April 19,
2023.
ADDRESSES: The LOA, original LOA request, request for transferal, and
supporting documentation are available online at:
<a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico">www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, 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 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 Federal waters of the
U.S. 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
On January 26, 2022, NMFS issued an LOA to TotalEnergies (87 FR
4866; January 31, 2022) to take marine mammals incidental to a 3D ocean
bottom node (OBN) survey within the North Platte field. The survey area
is located in Garden Banks, Green Canyon, Keathley Canyon, and Walker
Ridge lease areas with approximate water depths ranging from 725 to
2,180 meters (m). See Figure 1 of TotalEnergies' LOA application for a
map of the area. Additional description of the planned survey, as well
as analysis related to the issuance of that LOA, is available in
TotalEnergies' LOA application and the aforementioned Federal Register
notice of issuance.
On April 12, 2022, TotalEnergies notified NMFS that it had
relinquished operatorship of the offshore asset, with which the subject
geophysical survey
[[Page 24971]]
was associated, to its joint interest owner (Equinor). Accordingly,
TotalEnergies requested the transfer of the LOA to Equinor. Equinor
confirmed to NMFS that it similarly requested transfer of the LOA. With
the transfer of the LOA, Equinor agrees to comply with the associated
terms, conditions, stipulations, and restrictions of the original LOA.
No other changes were requested. The revised LOA remains effective
through April 19, 2023.
The revised LOA sets forth only a change in the LOA holder's name.
There are no other changes to the LOA as described in the January 31,
2022, Federal Register notice of issuance (87 FR 4866): The specified
activity; estimated take by incidental harassment; and small numbers
analysis and determination; and the period of effectiveness remain
unchanged and are herein incorporated by reference.
Authorization
NMFS is changing the name of the holder of the LOA from
``TotalEnergies E&P USA, Inc.'' to ``Equinor Gulf of Mexico LLC.''
Dated: April 21, 2022.
Catherine G. Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-09008 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 27, 2022.
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