Notice2025-07442
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of America (formerly 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 30, 2025
Effective
June 30, 2025
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 America, originally published as "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 modified the expiration date of a Letter of Authorization (LOA) issued to WesternGeco for the taking of marine mammals incidental to geophysical survey activity in the Gulf of America (GOA).
Full Text
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<title>Federal Register, Volume 90 Issue 82 (Wednesday, April 30, 2025)</title>
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[Federal Register Volume 90, Number 82 (Wednesday, April 30, 2025)]
[Notices]
[Pages 17911-17913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07442]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE843]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of America (formerly 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 America, originally published as
``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 modified the expiration date of a Letter of
Authorization (LOA) issued to WesternGeco for the taking of marine
mammals incidental to geophysical survey activity in the Gulf of
America (GOA).
DATES: This LOA is effective through June 30, 2025.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: <a href="https://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey">https://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 (FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, 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
[[Page 17912]]
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 U.S. waters of the GOA
\1\ 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.
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\1\ Pursuant to Executive Order 14172, ``Restoring Names That
Honor American Greatness,'' and Department of the Interior
Secretarial Order 3423, ``The Gulf of America,'' the body of water
formerly known as the Gulf of Mexico is now called the Gulf of
America. Accordingly, this Federal Register notice hereafter refers
to the Gulf of America.
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The 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 (LPAI) 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 subsequently discovered that the 2021 rule was based on
erroneous take estimates. We conducted another rulemaking using correct
take estimates and other newly available and pertinent information
relevant to the analyses supporting some of the findings in the 2021
final rule and the taking allowable under the regulations. We issued a
final rule in April 2024, effective May 24, 2024 (89 FR 31488, April
24, 2024).
The 2024 final rule made no changes to the specified activities or
the specified geographical region in which those activities would be
conducted, nor to the original 5-year period of effectiveness. In
consideration of the new information, the 2024 rule presented new
analyses supporting affirmance of the negligible impact determinations
for all species, and affirmed that the existing regulations, which
contain mitigation, monitoring, and reporting requirements, are
consistent with the LPAI standard of the MMPA.
NMFS issued a LOA to WesternGeco on March 28, 2024, for the take of
marine mammals incidental to a three-dimensional (3D) ocean bottom node
(OBN) survey over Walker Ridge and Green Canyon areas, effective May 1,
2024, through April 30, 2025. Please see the Federal Register notice of
issuance (89 FR 23981, April 5, 2024) for additional detail regarding
the LOA and the survey activity.
WesternGeco has requested that the April 30, 2025, expiration date
be extended to June 30, 2025, due to weather delays causing changes in
survey timing. Since we issued the LOA to WesternGeco, we have updated
the final rule to include corrected take estimates and new information
as discussed above; therefore, we have updated the authorized take
numbers accordingly based on this new information. There are no other
changes to the planned survey, as described in the previous notice of
issuance (89 FR 23981, April 5, 2024), including the planned location
and duration of the survey.
The Gemini source was not included in the acoustic exposure
modeling developed in support of the rule. However, the Gemini was
described and evaluated in support of a previous LOA and we rely on
that analysis here (88 FR 72739, October 23, 2023). We have determined
there will be no effects of a magnitude or intensity different from
those evaluated in support of the rules. NMFS expects that use of
modeling results supporting the final rule are conservative as a proxy
for use in evaluating potential impacts of use of the Gemini.
As discussed in the previous notice of issuance (89 FR 23981, April
5, 2024), no 3D OBN surveys were included in the modeled survey types,
thus the coil proxy was selected. WesternGeco plans to cover
approximately 69 square kilometers (km\2\) per day compared to the 144
km\2\ in the coil proxy, and although WesternGeco is not proposing to
perform a survey using the coil geometry, the coil proxy is most
representative of the effort planned by WesternGeco in terms of
predicted Level B harassment exposures. Additionally, WesternGeco
anticipates using a single dual source vessel, either towing airgun
array sources consisting of 28 elements, with a total volume of 5,240
cubic inches (in\3\; 0.086 cubic meters (m\3\)), or a Gemini enhanced
frequency source (EFS) array. Therefore, the 5,110 in\3\ proxy was
selected.
The survey plan includes approximately 65 days, with 43 days in
Zone 5 and 22 days in Zone 7. The monthly distribution of survey days
is not known in advance, though we assume that the planned 65 days of
source operation will occur contiguously. Take estimates for each
species are based on the time period that produces the greatest value.
There are no other changes to WesternGeco's planned activity.
For the Rice's whale, recent survey data, sightings, and acoustic
data support Rice's whale occurrence in waters throughout the GOA
between approximately 100 m and 400 m depth along the continental shelf
break, and associated habitat-based density modeling has identified
similar habitat (i.e., approximately 100 to 400 m water depths along
the continental shelf break) as being Rice's whale habitat (Garrison et
al., 2023; Soldevilla et al., 2022, 2024). NMFS' 2024 final rule
provided detailed discussion regarding Rice's whale habitat (see, e.g.,
89 FR 31508, 31519).
Although Rice's whales may occur outside of the general depth range
expected to provide suitable habitat, we expect that any such
occurrence would be rare. WesternGeco's planned activities will occur
in water depths of
[[Page 17913]]
approximately 700 to 3,000 m in the central GOA. Thus, NMFS does not
expect there to be the reasonable potential for take of Rice's whale in
association with this survey and, accordingly, does not authorize take
of Rice's whale through the LOA.
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 6 of the
rule (89 FR 31488, April 24, 2024).
Small Numbers Determination
Under the 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 (see 89 FR 31535, May 24, 2024). For
more information please see NMFS' discussion of small numbers in the
2021 final rule (86 FR 5438, January 19, 2021).
The take numbers for authorization are determined as described
above. Subsequently, the total incidents of harassment for each species
are multiplied by scalar ratios to produce a derived product that
better 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 1 day (see 86 FR 5404, January 19, 2021). The
output of this scaling, where appropriate, is incorporated into
adjusted total take estimates that are the basis for NMFS' small
numbers determinations, as depicted in table 1.
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 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; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and model-predicted
abundance information (<a href="https://seamap.env.duke.edu/models/Duke/GOM/">https://seamap.env.duke.edu/models/Duke/GOM/</a>).
Information supporting the small numbers determinations is provided in
table 1.
Table 1--Take Analysis
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Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
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Rice's whale.................................... 0 n/a 51 0
Sperm whale..................................... 402 170 2,451 6.9
Kogia spp....................................... \3\ 167 50 1,385 4.4
Beaked whales................................... 709 72 1,038 6.9
Rough-toothed dolphin........................... 1,257 361 4,853 7.4
Bottlenose dolphin.............................. 1,152 331 166,538 0.2
Clymene dolphin................................. 385 111 6,136 1.8
Atlantic spotted dolphin........................ 367 105 21,506 0.5
Pantropical spotted dolphin..................... 12,569 3607 50,209 7.2
Spinner dolphin................................. 245 70 2,991 2.3
Striped dolphin................................. 1,253 360 16,102 2.2
Fraser's dolphin................................ 490 141 1,665 8.4
Risso's dolphin................................. 359 106 1,974 5.4
Blackfish \4\................................... 1,611 475 9,535 5.0
Short-finned pilot whale........................ 332 98 3,277 3.0
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322 and 86 FR 5404 (January
19, 2021) to derive scaled take numbers shown here.
\2\ Best 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 (Garrison et al., 2023). For Rice's whale,
Atlantic spotted dolphin, spinner dolphin, and Risso's dolphin, the SAR abundance estimate is used.
\3\ Includes 11 takes by Level A harassment and 156 takes by Level B harassment. Scalar ratio is applied to
takes by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take
plus authorized Level A harassment take.
\4\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of WesternGeco's proposed
survey activity described in its LOA application, as subsequently
modified by WesternGeco, 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.
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 a modification to the LOA to WesternGeco authorizing the
take of marine mammals incidental to its geophysical survey activity,
as described above.
Dated: April 24, 2025.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-07442 Filed 4-29-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 30, 2025.
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