[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Notices]
[Pages 751-752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00007]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD610]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Geophysical Surveys Related to Oil and Gas Activities in 
the Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of modification to expiration date 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 Mexico (GOM), notification is hereby 
given that NMFS has modified the expiration date of a Letter of 
Authorization (LOA) issued to LLOG Exploration Offshore, L.L.C. (LLOG) 
for the take of marine mammals incidental to geophysical survey 
activity in the GOM.

DATES: This LOA is effective through December 31, 2026.

ADDRESSES: The LOA, LOA request, and supporting documentation are 
available online at: https://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey. 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

    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:

[[Page 752]]

(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 GOM 
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.
    Our 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 issued an LOA to LLOG on January 20, 2022, for the take of 
marine mammals incidental to the following vertical seismic profile 
(VSP) survey types: Zero Offset, Offset, Walk Away, Salt Proximity and/
or Check Shots after reaching total depth of any of the proposed wells 
operated by LLOG within the Keathley Canyon Area, effective March 1, 
2022 through December 31, 2022. Please see the Federal Register notice 
of issuance (87 FR 3084, January 20, 2022) for additional detail 
regarding the LOA and the survey activity.
    LLOG subsequently requested modification of the December 31, 2022, 
expiration date to December 31, 2023, due to survey delays and NMFS 
modified the LOA accordingly (87 FR 41670, July 13, 2022). More 
recently, LLOG informed NMFS that the survey would be further delayed, 
and requested a second modification to the expiration date of the LOA 
(from December 31, 2023, to December 31, 2026) to accommodate the 
delays. There are no other changes to LLOG's planned activity. Since 
issuance of the LOA, no survey work has occurred.

Authorization

    NMFS has changed the expiration date of the LOA from December 31, 
2023, to December 31, 2026. There are no other changes to the LOA as 
described in the January 20, 2022, Federal Register notice of issuance 
(87 FR 3084): the specified survey activity; estimated take by 
incidental harassment; and small numbers analysis and determination 
remain unchanged and are incorporated here by reference.

    Dated: December 27, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-00007 Filed 1-4-24; 8:45 am]
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