[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5864-5865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD629]


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; issuance of revised 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, notification is hereby given 
that NMFS has issued a revised Letter of Authorization (LOA) to 
WesternGeco, in place of TGS, for the take of marine mammals incidental 
to geophysical survey activity in the Gulf of Mexico.

DATES: The LOA is effective through September 28, 2024.

ADDRESSES: The LOA, original LOA request, request for transferal, and 
supporting documentation are available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, 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

[[Page 5865]]

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 Mexico (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.

Summary of Request

    On September 27, 2023, NMFS issued an LOA to TGS (88 FR 68106, 
October 3, 2023) to take marine mammals incidental to a three-
dimensional (3D) ocean bottom node (OBN) survey in the Green Canyon, 
Ewing Bank, and Atwater Valley protraction areas, including 
approximately 380 lease blocks. Approximate water depths of the survey 
area range from 150 to 2,000 meters (m). See section F of the LOA 
application for a map of the area. Additional description of the 
planned survey, as well as analysis related to the issuance of that 
LOA, is available in TGS' LOA application and the aforementioned 
Federal Register notice of issuance.
    On December 20, 2023, TGS requested the transfer of the LOA to its 
partner in the planned survey effort (WesternGeco). WesternGeco 
confirmed to NMFS that it similarly requested transfer of the LOA. With 
the transfer of the LOA, WesternGeco agrees to comply with the 
associated terms, conditions, stipulations, and restrictions of the 
original LOA. No other changes were requested. The revised LOA remains 
effective through September 28, 2024.
    The revised LOA sets forth only a change in the LOA holder's name. 
There are no other changes to the LOA as described in the October 3, 
2023, Federal Register notice of issuance (88 FR 68106): the specified 
activity; estimated take by incidental harassment; and small numbers 
analysis and determination; and the period of effectiveness remain 
unchanged and are herein incorporated by reference.

Authorization

    NMFS is changing the name of the holder of the LOA from ``TGS'' to 
``WesternGeco''.

    Dated: January 24, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2024-01743 Filed 1-29-24; 8:45 am]
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