Notice2025-21922
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
December 4, 2025
Effective
November 6, 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 a Letter of Authorization (LOA) has been issued to Future Energy Consultants (FEC) for the take of marine mammals incidental to geophysical survey activity in the Gulf of America (GOA).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 231 (Thursday, December 4, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Notices]
[Pages 55852-55854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21922]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF328]
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.
-----------------------------------------------------------------------
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 a Letter of Authorization (LOA) has been issued to Future
Energy Consultants (FEC) for the take of marine mammals incidental to
geophysical survey activity in the Gulf of America (GOA).
DATES: The LOA is effective from November 6, 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
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 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, and became effective on
April 19, 2021.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
[[Page 55853]]
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'' standard of
the MMPA.
Summary of Request and Analysis
FEC plans to conduct a FloatSeis seismic field trial survey in the
lease block LA5A, with water depths ranging from approximately 50--180
meters (m). See section F of the LOA application for a map of the area.
FEC plans to use both a 2,450 cubic inch (in\3\) airgun array, and a
220 in\3\ airgun array. Please see the LOA application for additional
detail.
Consistent with the preamble to the final rule, the survey effort
proposed by FEC 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\ 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
FEC survey type was not included in the modeled survey types, and
use of existing proxies (i.e., two-dimensional (2D), three-dimensional
(3D) narrow-azimuth (NAZ), 3D wide-azimuth (WAZ), Coil) is generally
conservative for use in evaluation of both types of survey efforts,
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). For
the survey effort using the 2,450 in\3\ airgun array, the 4,130 in\3\
airgun array was selected as the best proxy and 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.
For the survey effort using the 220 in\3\ airgun array, the above
proxies are conservative, therefore the exposure modeling results were
generated using the single airgun proxy. Because these results assume
use of a 90-in\3\ airgun, the take numbers authorized for this part of
the survey activity are considered the most similar to the 220 in\3\
sound source planned for use by FEC, as compared to the other proxies
modeled for the rule.
The survey will take place over approximately 5 days all operating
in Zone 2. The monthly distribution of survey days is not known in
advance, though we assume that the planned 5 days of source operation
would occur contiguously. Take estimates for each species are based on
the time period that produces the greatest value.
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, determined as described above
in the Summary of Request and Analysis section, are used by NMFS in
making the necessary small numbers determinations, through comparison
with the best available abundance estimates (see discussion at 86 FR
5322, 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 \1\
----------------------------------------------------------------------------------------------------------------
Authorized Percent
Species take Abundance \2\ abundance
----------------------------------------------------------------------------------------------------------------
Rice's whale.................................................... 0 51 n/a
Sperm whale..................................................... 0 2,451 n/a
Kogia spp....................................................... 0 1,385 n/a
Beaked whales................................................... 0 1,038 n/a
Rough-toothed dolphin........................................... 14 4,853 0.3
[[Page 55854]]
Bottlenose dolphin.............................................. 1,961 166,538 1.2
Clymene dolphin................................................. 0 6,136 n/a
Atlantic spotted dolphin........................................ 109 21,506 0.5
Pantropical spotted dolphin..................................... 0 50,209 n/a
Spinner dolphin................................................. 0 2,991 n/a
Striped dolphin................................................. 0 16,102 n/a
Fraser's dolphin................................................ 0 1,665 n/a
Risso's dolphin................................................. 0 1,974 n/a
Blackfish \3\................................................... 0 9,535 n/a
Short-finned pilot whale........................................ 0 3,277 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Scalar ratios were not applied in this case due to brief survey duration.
\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\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of FEC'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 FEC authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: December 2, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-21922 Filed 12-3-25; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on December 4, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.