Notice2023-06286
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
March 27, 2023
Effective
April 1, 2023
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 a Letter of Authorization (LOA) to Anadarko Petroleum Corporation (Anadarko), for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico, has been modified to reflect a new expiration date.
Full Text
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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18126-18127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06286]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC739]
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 of modification to expiration date of 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 a Letter of Authorization (LOA) to Anadarko Petroleum Corporation
(Anadarko), for the take of marine mammals incidental to geophysical
survey activity in the Gulf of Mexico, has been modified to reflect a
new expiration date.
DATES: This Letter of Authorization is effective April 1, 2023 through
June 1, 2023.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: <a href="http://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey">www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey</a>.
In case of problems accessing these documents, please call the contact
listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, 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.
NMFS issued an LOA to Anadarko on September 27, 2022, for the take
of marine mammals incidental to one of the following vertical seismic
profile (VSP) survey types: Zero Offset, Two-Dimensional (2D), or
Three-Dimensional (3D) in the vicinity of the Horn Mountain field in
the Mississippi Canyon area, around block MC-81. Please see the Federal
Register notice of issuance (87 FR 59783; October 3, 2022) for
additional detail regarding the LOA and the survey activity.
Anadarko initially anticipated that the activity would occur at
some point between October 1, 2022 and April 1, 2023. Anadarko
subsequently informed NMFS that a shift in their drillship schedule is
likely to cause the associated VSP survey to occur later than
previously expected. Anadarko has requested modification to the
effectiveness end date of the LOA (from April 1, 2023, to June 1, 2023)
to
[[Page 18127]]
account for any potential delays. There are no other changes to
Anadarko's planned activity. Since issuance of the LOA, no survey work
has occurred.
Authorization
NMFS has changed the effectiveness end date of the LOA from April
1, 2023, to June 1, 2023. Consistent with 50 CFR 217.187, the specified
activity and mitigation, monitoring, and reporting measures, as well as
the anticipated impacts, are the same as those described and analyzed
for the regulations. There are no other changes to the LOA as described
in the October 1, 2022, Federal Register notice of issuance (87 FR
59783): the survey activity, estimated take by incidental harassment;
and small numbers analysis and determination remain unchanged from the
original LOA and are herein incorporated by reference.
Dated: March 22, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-06286 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 27, 2023.
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