United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2023_register executive 2023-01-05 article Part II Proposed Rules D09002ee1c79ff00b D09002ee1c79ff0e1 United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency NMFS is reassessing the statutorily mandated findings supporting its January 19, 2021, final rule and Regulations Governing Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of Mexico issued pursuant to the Marine Mammal Protection Act (MMPA), in light of updated information following the discovery that the estimates of incidental take of marine mammals anticipated from the activities analyzed for the 2021 regulations were erroneous. The correction of this error, as well as other newly available and pertinent information, has bearing on the analyses supporting some of the prior findings in the 2021 final rule and the taking allowable under the regulations. There are 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. Here, in light of the new information, NMFS presents new "negligible impact" analyses supporting our preliminary affirmance of the negligible impact determinations for all species, and proposes to affirm that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the "least practicable adverse impact standard" of the MMPA. Pursuant to the MMPA, NMFS is requesting comments on its revised negligible impact analyses and proposed findings and proposed retention of the existing regulations as consistent with the MMPA's least practicable adverse impact standard and will consider public comments relevant to this proposed rule prior to issuing any final rule. Agency responses will be included in the notice of the final decision. 88 FR 916 https://www.govinfo.gov/app/details/FR-2023-01-05/2022-28208 2022-28208 fr05ja23-20 RIN 0648-BL68 3510-22-P Docket No. 221221-0280 https://www.govinfo.gov/app/details/FR-2023-01-05/2022-28208 https://www.govinfo.gov/content/pkg/FR-2023-01-05/html/2022-28208.htm https://www.govinfo.gov/content/pkg/FR-2023-01-05/pdf/2022-28208.pdf Exports Fish Imports Indians Labeling Marine Mammals Penalties Reporting and Recordkeeping Requirements Seafood Transportation 33 p. 916 948 88 FR 916 Title 50 Part 217 50 CFR Part 217 RIN 0648-BL68 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico; Federal Register Vol. 88, Issue PRORULE 2022-28208 II DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2023-02-06 Docket No. 221221-0280 3510-22-P 2022-28208 Proposed rule; request for comments.

NMFS is reassessing the statutorily mandated findings supporting its January 19, 2021, final rule and Regulations Governing Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of Mexico issued pursuant to the Marine Mammal Protection Act (MMPA), in light of updated information following the discovery that the estimates of incidental take of marine mammals anticipated from the activities analyzed for the 2021 regulations were erroneous. The correction of this error, as well as other newly available and pertinent information, has bearing on the analyses supporting some of the prior findings in the 2021 final rule and the taking allowable under the regulations. There are 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. Here, in light of the new information, NMFS presents new "negligible impact" analyses supporting our preliminary affirmance of the negligible impact determinations for all species, and proposes to affirm that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the "least practicable adverse impact standard" of the MMPA. Pursuant to the MMPA, NMFS is requesting comments on its revised negligible impact analyses and proposed findings and proposed retention of the existing regulations as consistent with the MMPA's least practicable adverse impact standard and will consider public comments relevant to this proposed rule prior to issuing any final rule. Agency responses will be included in the notice of the final decision.

Comments and information must be received no later than February 6, 2023. Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. Exports Fish Imports Indians Labeling Marine Mammals Penalties Reporting and Recordkeeping Requirements Seafood Transportation Taking and Importing Marine Mammals: Incidental to Geophysical Surveys in the Gulf of Mexico, www.boem.gov/gommapps www.boem.gov/Gulf-of-Mexico-Geological-and-Geophysical-Activities-Programmatic-EIS/ www.boem.gov/studies www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico www.fisheries.noaa.gov/issued-letters-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments www.fisheries.noaa.gov/resource/map/rices-whale-core-distribution-area-map-gis-data www.regulations.gov www.soundandmarinelife.org Vol. 88, no. 3 Office of the Federal Register, National Archives and Records Administration 2023-01-05 continuing daily deposited born digital 218 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2023-01-05 P0b002ee1ba074bf4 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr05ja23 https://www.govinfo.gov/app/details/FR-2023-01-05 https://www.govinfo.gov/content/pkg/FR-2023-01-05/pdf/FR-2023-01-05.pdf https://www.govinfo.gov/content/pkg/FR-2023-01-05/xml/FR-2023-01-05.xml fdlp 739 948 DGPO 2023-01-05 2024-05-29 FR-2023-01-05 machine generated eng FR FR-2023-01-05 88 3