Notice2025-16153
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 22, 2025
Effective
April 19, 2026
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 (GOA), 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 TGS for the taking of marine mammals incidental to geophysical survey activity in the GOA.
Full Text
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<title>Federal Register, Volume 90 Issue 161 (Friday, August 22, 2025)</title>
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[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41060-41062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16153]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF101]
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 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 (GOA), 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 TGS for the taking of marine mammals incidental to geophysical
survey activity in the GOA.
DATES: This LOA is effective through April 19, 2026.
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
Section 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
[[Page 41061]]
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
(Gulf of America) 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, NMFS amended the incidental take regulations
to reflect the change. See 90 FR 38001 (August 7, 2025).
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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 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 (LPAI) standard of
the MMPA.
NMFS issued an LOA to TGS on December 20, 2024, for the take of
marine mammals incidental to a three-dimensional (3D) ocean bottom node
survey in the East Breaks area, effective December 20, 2024, through
December 19, 2025. Please see the Federal Register notice of issuance
(89 FR 105536, December 27, 2024) for additional detail regarding the
LOA and the survey activity.
On July 22, 2025, TGS informed NMFS that its planned survey area
and timing had shifted and, accordingly, they have requested a
modification to the LOA to reflect the new survey area and dates. No
survey activity has begun. TGS has requested that the December 19,
2025, expiration date be extended to April 19, 2026, due to changing
survey schedules. The original survey plan included a total of 90 days
of sound source operation in Zone 6. The updated survey plan increases
to 105 total days of sound source operation in Zone 6. The monthly
distribution of survey days is not known in advance, though we assume
that the planned 105 days of source operation would occur contiguously.
Take estimates for each species are based on the time period that
produces the greatest value and have been updated based on the revised
survey plan. There are no other changes to the planned survey.
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 meters (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).
TGS's planned activities will overlap with this depth range, with
approximately 15 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 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 and in the Federal Register notice of issuance (89 FR 105536,
December 27, 2024). 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
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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..................................... 682 288 2,451 11.8
Kogia spp....................................... \4\ 302 92 1,385 7.7
Beaked whales................................... 254 26 1,038 2.5
Rough-toothed dolphin........................... 2,173 624 4,853 12.8
Bottlenose dolphin.............................. 2,427 696 151,886 0.4
Clymene dolphin................................. 3,747 1,075 6,136 17.5
Atlantic spotted dolphin........................ 4,913 1,410 21,506 6.6
Pantropical spotted dolphin..................... 12,855 3,689 50,209 7.3
Spinner dolphin................................. \5\ 152 NA 2,199 5.1
Striped dolphin................................. 2,151 617 16,102 3.8
Fraser's dolphin................................ 866 249 1,665 14.9
Risso's dolphin................................. 481 142 1,974 7.2
Blackfish \6\................................... 5,842 1,723 9,535 18.1
Short-finned pilot whale........................ 2,638 778 3,277 23.7
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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, and Risso's dolphin, the SAR abundance estimate is used.
\3\ Modeled take of 1 increased to account for potential encounter with a group of average size (Maze-Foley and
Mullin, 2006).
\4\ Includes 15 takes by Level A harassment and 287 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 10 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 TGS's proposed survey
activity described in its LOA application, as subsequently modified by
TGS, 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 TGS authorizing the take of
marine mammals incidental to its geophysical survey activity, as
described above.
Dated: August 20, 2025.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-16153 Filed 8-21-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 22, 2025.
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