Notice2025-21663
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey off Western Mexico in the Eastern Tropical Pacific Ocean
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
December 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Lamont- Doherty Earth Observatory (L-DEO) for authorization to take marine mammals incidental to a marine geophysical survey off Western Mexico in the Eastern Tropical Pacific Ocean (ETP).
Full Text
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<title>Federal Register, Volume 90 Issue 228 (Monday, December 1, 2025)</title>
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[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Notices]
[Pages 55087-55089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21663]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE956]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to a Marine Geophysical Survey off
Western Mexico in the Eastern Tropical Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to Lamont-
Doherty Earth Observatory (L-DEO) for authorization to take marine
mammals incidental to a marine geophysical survey off Western Mexico in
the Eastern Tropical Pacific Ocean (ETP).
DATES: This authorization is effective for one year from the date of
notification by the IHA-holder, not to exceed one year from the date of
issuance (November 25, 2025).
ADDRESSES: Electronic copies of the application and supporting
documents,
[[Page 55088]]
as well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-lamont-doherty-earth-observatorys-marine-geophysical-survey-1">https://www.fisheries.noaa.gov/action/incidental-take-authorization-lamont-doherty-earth-observatorys-marine-geophysical-survey-1</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:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS will issue an IHA if it finds that the taking
will have a negligible impact on the species or stock(s) and will not
have an unmitigable adverse impact on the availability of the species
or stock(s) for taking for subsistence uses (where relevant). Further,
NMFS must prescribe the permissible methods of taking and other ``means
of effecting the least [practicable] adverse impact'' on the affected
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stocks for taking for certain
subsistence uses (referred to here as ``mitigation''). NMFS must also
prescribe requirements pertaining to monitoring and reporting of such
takings. The definition of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in the MMPA and the NMFS'
implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
On May 5, 2025, a notice of NMFS' proposal to issue an IHA to L-DEO
for take of marine mammals incidental to a marine geophysical survey
off Western Mexico in the ETP was published in the Federal Register (90
FR 19090, May 5, 2025). In that notice, NMFS indicated the estimated
numbers, type, and methods of incidental take proposed for each species
or stock and the mitigation, monitoring, and reporting measures that
would be required should the IHA be issued. The Federal Register notice
also included analysis to support NMFS' preliminary conclusions and
determinations that the IHA, if issued, would satisfy the requirements
of section 101(a)(5)(D) of the MMPA for issuance of the IHA. The
Federal Register notice included web links to a draft IHA for review
and other supporting documents.
NMFS' consideration of public comments, which we respond to below,
did not result in changes to the analysis or findings in the Federal
Register notice of proposed IHA or the required mitigation, monitoring,
or reporting measures set forth in the proposed IHA. With the exception
of the minor updates discussed below, there are no changes to the
specified activity, the species taken, type, or methods of take, or the
monitoring, or reporting measures in the proposed IHA notice. There are
minor changes to the take numbers and mitigation requirements. No new
information that would change any of the preliminary analyses,
conclusions, or determinations in the proposed IHA notice has become
available since that notice was published, and, therefore, the
preliminary analyses, conclusions, and determinations included in the
proposed IHA are considered final.
During the 30-day public comment period, NMFS received one
substantive comment submission, from a member of the public. NMFS'
response to the comment is provided below.
Comment 1: A commenter suggests a net be put at the center of the
study location and extend out to the needed radius of the action area.
The commenter states the nets would be the most effective at keeping
out larger animals, and minimize killing of protected species. They
also state that this would help the project comply with the Endangered
Species Act.
Response 1: NMFS disagrees with the commenter's suggestion of
putting a net in the action area to reduce impacts to marine mammals.
In fact, a net would introduce new increased risk to marine mammals
through entanglement that could potentially lead to serious injury or
mortality, which is not a potential risk from the action as proposed.
Large whales entangled in gear or nets are impacted at both the
individual and population level. Entanglement can result in the
restriction of their movement and has been documented to cause mild to
severe injuries to whales, and additionally, if not removed, could lead
to drowning or suffocation. Injuries to these marine animals can affect
their ability to reproduce and feed (Saez et al., 2020).
Both the National Science Foundation and this MMPA IHA are Federal
actions that are being consulted under Section 7 of the Endangered
Species Act to ensure the continued existence of threatened and
endangered species. The required mitigation measures are intended to be
protective of marine mammals including those that are ESA-listed.
NMFS expects that all potential take would be Level B harassment in
the form of temporary avoidance of the area or decreased foraging (if
such activity was occurring), responses that are considered to be of
low severity, and with no lasting biological consequences (e.g.,
Southall et al., 2007, 2021). These low-level impacts of behavioral
harassment are not likely to impact the overall fitness of any
individual or lead to population level effects of any species.
Additionally, this survey is very small related to the ranges of all
marine mammals that could be found in the action area and is limited to
only 7 days, further reducing population level impacts to species. As
described in the proposed notice, Level A harassment is not expected to
occur and we don't expect any serious injury or mortality. Therefore,
NMFS disagrees with the commenter that the use of a net would be a
suitable mitigation measure reducing impacts to marine mammals. Minor
changes have been made between publication of the notice of proposed
IHA and this notice of final IHA, including changes to take and
mitigation. For this survey, 4.7 percent of the effort would occur in
waters 1,000-2,000 meters deep where Guadalupe fur seal density is
zero. Based on this update, take of Guadalupe fur seal is reduced from
13 to 12. Additionally, since the majority of pinniped takes are
Guadalupe fur seal we have decided to remove pinnipeds from the
shutdown waiver in the shutdown requirement of the mitigation section.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 216-6A, which do not
individually or
[[Page 55089]]
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS has determined that the issuance of the
IHA qualifies to be categorically excluded from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency ensures that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
The NMFS Office of Protected Resources (OPR) ESA Interagency
Cooperation Division has issued a Biological Opinion under section 7 of
the ESA, on the issuance of an IHA to L-DEO under section 101(a)(5)(D)
of the MMPA by the NMFS OPR Permits and Conservation Division. The
Biological Opinion concluded that the action is not likely to
jeopardize the continued existence of ESA-listed humpback whales
(Central America DPS), fin whales, sei whales, sperm whales and
Guadalupe fur seals.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to L-DEO for
authorization to take marine mammals incidental to a marine geophysical
survey off Western Mexico in the ETP.
Dated: November 26, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-21663 Filed 11-28-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 1, 2025.
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