Notice2025-14925
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
August 6, 2025
Effective
August 1, 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 Letter of Authorization (LOA) issued to Viridien for the take 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 149 (Wednesday, August 6, 2025)</title>
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[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Notices]
[Pages 37842-37844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14925]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE989]
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; issuance 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 Letter of Authorization (LOA) issued
to Viridien for the take of marine mammals incidental to geophysical
survey activity in the Gulf of America (GOA).
DATES: The LOA is effective from August 1, 2025 through April 19, 2026.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico">https://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: 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 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, and 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 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
[[Page 37843]]
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 ``least practicable adverse impact'' standard of
the MMPA.
Summary of Request and Analysis
Viridien plans to conduct a three-dimensional (3D) ocean bottom
node (OBN) survey over 2,023 lease blocks in the Garden Banks, Keathley
Canyon, East Breaks, and Alaminos Canyon areas, with water depths
ranging from approximately 185 to 2,095 meters (m). See section F of
the LOA application for a map of the area.
Viridien anticipates using two dual-source vessels, and would
preferentially use the low-frequency tuned pulse source (TPS).
Alternatively, Viridien may use a conventional airgun array source
consisting of 42 elements with a total volume of 5,220 cubic inches
(in\3\). Please see Viridien's application for additional detail.
The TPS was not included in the acoustic exposure modeling
developed in support of the rule. However, the TPS was previously
described and evaluated in support of previous LOAs and we rely on
those analyses here (86 FR 37309, 37310, July 15, 2021; 87 FR 55790,
55791, September 12, 2022). For additional detail regarding sources,
see section C of the LOA application. Based on this information we have
determined there will be no effects of a magnitude or intensity
different from those evaluated in support of the rule. NMFS therefore
expects that use of modeling results supporting the final rule relating
to use of airgun arrays are expected to be conservative as a proxy for
use in evaluating potential impacts of use of the TPS.
The survey effort proposed by viridien in its LOA request was used
to develop LOA-specific take estimates based on the acoustic exposure
modeling results described in the preamble (89 FR 31488, April 24,
2024). In order to generate the appropriate take number for
authorization, the following information was considered: (1) survey
type; (2) location (by modeling zone \2\); (3) number of days; (4)
source; and (5) month.\3\ To determine the most appropriate proxy array
from the exposure modeling, the directionally dependent source level in
a plane parallel to the sea surface was compared to the three airgun
array sources which were originally modeled, including the 4130, 5110,
and 8000 in\3\ arrays. Out of these three proxies, the source which had
the smallest relative error (arithmetic mean difference taken over the
azimuthal or vessel bearing angle) was chosen as the most
representative proxy. In this case, the 5110 in\3\ had the lowest mean
error (0.85 dB) and was the airgun array proxy that was selected. In
this case, because Viridien may also elect to use the specified 42-
element, 5,220 in\3\ airgun array source, this was used to determine
the appropriate proxy. The acoustic exposure modeling performed in
support of the rule provides 24-hour exposure estimates for each
species, specific to each modeled source and survey type in each zone
and month.
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\2\ For purposes of acoustic exposure modeling, the GOA was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\3\ Acoustic propagation modeling was performed for two seasons:
Winter (December-March) and Summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No 3D OBN surveys were included in the modeled survey types, and
use of existing proxies (i.e., two-dimensional (2D), 3D narrow-azimuth
(NAZ), 3D wide-azimuth (WAZ), Coil) is generally conservative for use
in evaluation of 3D OBN survey effort, largely due to the greater area
covered by the modeled proxies. Summary descriptions of these modeled
survey geometries are available in the preamble to the proposed rule
(83 FR 29212, 29220, June 22, 2018). Coil was selected as the best
available proxy survey type in this case because the spatial coverage
of the planned survey is most similar to the coil survey pattern. The
planned OBN survey will involve two source vessels sailing along
closely spaced survey lines, with daily survey area coverage of
approximately 144 kilometers squared (km\2\) per day, similar to that
assumed for the coil survey proxy. Among the different parameters of
the modeled survey patterns (e.g., area covered, line spacing, number
of sources, shot interval, total simulated pulses), NMFS considers area
covered per day to be most influential on daily modeled exposures
exceeding Level B harassment criteria. Although Viridien is not
proposing to perform a survey using the coil geometry, the coil proxy
is most representative of the effort planned by Viridien in terms of
predicted Level B harassment exposures.
The survey will take place over approximately 115 days with 65 days
of sound source operation, all within Zone 6. The monthly distribution
of survey days is not known in advance, though we assume that the
planned 65 days of source operation would occur contiguously. Take
estimates for each species are based on the time period that produces
the greatest value.
For the Rice's whale, recent survey data, sightings, and acoustic
data support Rice's whale occurrence in waters throughout the GOM
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).
Viridien's planned activities will overlap this depth range, with
approximately 3.5 percent of the area expected to be ensonified by the
survey above root-mean-squared pressure received levels (RMS SPL) of
160 decibel (dB) (referenced to 1 micropascal (re 1 [mu]Pa))
overlapping the 100-400 m isobaths. Therefore, there is some reasonable
potential for take of Rice's whale to occur in association with this
survey. The generic acoustic exposure modeling results in one take of
Rice's whales and we have rounded that up to a group size, authorizing
two Rice's whale takes.
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
[[Page 37844]]
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 in
the Federal Register notice of issuance (90 FR 11947, March 13, 2025).
Subsequently, the total incidents of harassment for each species are
multiplied by scalar ratios (except in the cases where the take
estimate has been rounded up to reflect a group size) 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.................................... \3\ 2 NA 51 3.9
Sperm whale..................................... 500 211 2,451 8.6
Kogia spp....................................... \4\ 203 62 1,385 5.2
Beaked whales................................... 194 20 1,038 1.9
Rough-toothed dolphin........................... 1,401 402 4,853 8.3
Bottlenose dolphin.............................. 1,909 548 166,538 0.3
Clymene dolphin................................. 2,419 694 6,136 11.3
Atlantic spotted dolphin........................ 3,442 988 21,506 4.6
Pantropical spotted dolphin..................... 9,391 2,695 50,209 5.4
Spinner dolphin................................. \5\ 152 NA 2,991 5.1
Striped dolphin................................. 1,468 421 16,102 2.6
Fraser's dolphin................................ 556 160 1,665 9.6
Risso's dolphin................................. 390 115 1,974 5.8
Blackfish \6\................................... 3,780 1,115 9,535 11.7
Short-finned pilot whale........................ 2,084 615 3,277 18.8
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 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 estimated SAR abundance estimate is used.
\3\ Modeled take of one increased to account for potential encounter with a group of average size (Maze-Foley
and Mullin, 2006).
\4\ Includes 10 takes by Level A harassment and 193 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.
\5\ Modeled take of 8 increased to account for potential encounter with a group of average size (Maze-Foley and
Mullin, 2006).
\6\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of Viridien's 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.
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 Viridien authorizing the take of marine
mammals incidental to its geophysical survey activity, as described
above.
Dated: August 1, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-14925 Filed 8-5-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 6, 2025.
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