Notice2025-16864
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of America
Primary source
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Published
September 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS' Office of Protected Resources has received a request from the NMFS' Office of Policy for the reimplementation of ITRs governing the incidental taking of marine mammals during geophysical survey activity conducted in the Gulf of America (GOA). Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of this request and invites the public to provide information, suggestions, and comments on the request.
Full Text
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<title>Federal Register, Volume 90 Issue 168 (Wednesday, September 3, 2025)</title>
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[Federal Register Volume 90, Number 168 (Wednesday, September 3, 2025)]
[Notices]
[Pages 42569-42570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16864]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE895]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys in the Gulf of America
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of request for reimplementation of incidental
take regulations (ITRs); request for comments and information.
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SUMMARY: NMFS' Office of Protected Resources has received a request
from the NMFS' Office of Policy for the reimplementation of ITRs
governing the incidental taking of marine mammals during geophysical
survey activity conducted in the Gulf of America (GOA). Pursuant to
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
is announcing receipt of this request and invites the public to provide
information, suggestions, and comments on the request.
DATES: Comments and information must be received no later than October
3, 2025.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2025-0638, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0638 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to the Permits and
Conservation Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
A copy of the NMFS Office of Policy request may be obtained online
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas</a>. In case of problems
accessing these documents, please call the contact listed below.
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 (as delegated to NMFS) 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 incidental take authorization 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
[[Page 42570]]
not reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival. The MMPA states
that the term ``take'' means to harass, hunt, capture, kill or attempt
to harass, hunt, capture, or kill any marine mammal.
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).
Summary of Request
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 in U.S. waters of the GOA over
the course of 5 years (86 FR 5322, January 19, 2021). 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 through April 19, 2026 (89 FR 31488, April 24,
2024). The existing ITR provides a framework for authorization of
incidental take through Letters of Authorization (LOAs) upon request
from individual applicants planning specific geophysical survey
activities.
On August 28, 2025, NMFS Office of Protected Resources received a
request from the NMFS Office of Policy for reimplementation of the
current ITR. The request notes that the pending April 2026 expiration
of the current ITR would affect regulatory certainty with loss of an
efficient permitting framework, and that reimplementation of the
existing ITR on the basis of the same specified activity defined in the
initial 2021 final rule and associated estimates of incidental take
evaluated in the 2024 corrective rulemaking is consistent with the MMPA
and appropriate pursuant to Executive Orders 14156 ``Declaring a
National Energy Emergency'' and 14154 ``Unleashing American Energy.''
NMFS has received multiple requests from industry survey operators
relating to specific survey activities that would extend beyond the
current expiration date, establishing the need and ongoing basis for
the ITR. The requested regulations would continue the established
framework from the previous regulations for authorization of incidental
take through LOAs until superseded by a new ITR promulgated on the
basis of a separate request.
Specified Activities
The specified activity underlying the request for ITR
reimplementation would remain unchanged from the generic program of
geophysical survey activity in the central and western GOA described in
the 2021 final rule. Geophysical survey activities typically involve a
vessel or vessels towing an airgun or array of airguns, or other
acoustic source that emits acoustic energy through the overlying water
and into the seafloor. The 2021 final rule, as updated via the 2024
final rule, would be reimplemented without change, including all
mitigation, monitoring, and reporting requirements.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the request (see ADDRESSES). NMFS will consider all
information, suggestions, and comments related to the request during
the development of proposed regulations governing the incidental taking
of marine mammals, if appropriate.
Dated: August 28, 2025.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-16864 Filed 9-2-25; 8:45 am]
BILLING CODE 3510-22-P
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