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<title>Federal Register, Volume 91 Issue 2 (Monday, January 5, 2026)</title>
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[Federal Register Volume 91, Number 2 (Monday, January 5, 2026)]
[Notices]
[Pages 250-253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24236]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF369]
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 of issuance 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 America (GOA), originally published
as ``Taking Marine Mammals Incidental to Geophysical Surveys Related to
Oil and Gas Activities in the
[[Page 251]]
Gulf of Mexico,'' notification is hereby given that NMFS has modified
the Letter of Authorization (LOA) issued to WesternGeco LLC
(WesternGeco) for the take of marine mammals incidental to geophysical
survey activity in the GOA.
DATES: The LOA is effective through April 19, 2026.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: <a href="https://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey">https://www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Carter Esch, 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 (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 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.
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\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, this Federal Register notice hereafter refers
to the Gulf of America.
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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 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 (89 FR 31488, April 24, 2024), effective May
24, 2024, through April 19, 2026.
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.
NMFS issued a LOA to WesternGeco on March 7, 2025, for the taking
of marine mammals incidental to a three-dimensional ocean bottom node
survey over 240 lease blocks in the Green Canyon and Walker Ridge
areas, effective March 7, 2025, through December 31, 2025. Please see
the Federal Register notice of issuance (90 FR 11947, March 13, 2025)
for additional detail regarding the LOA and the survey activity.
On March 20, 2025, WesternGeco informed NMFS that they shifted the
planned survey area westward and, accordingly, they requested a
modification to the LOA to reflect this adjustment. The updated survey
plan maintained a total of 100 days of sound source operation, with the
distribution shifted to include 57 days in zone 7, 31 days in zone 5,
and 12 days in zone 6. Since the number of survey days per zone
changed, we updated the take numbers accordingly based on this new
information. There were no other changes to the planned survey. On
March 31, 2025, NMFS issued a modified LOA to WesternGeco (90 FR 14789,
April 4, 2025).
On November 18, 2025, WesternGeco notified NMFS that the survey
commenced later than was originally planned (i.e., May/June instead of
March), mainly due to vessel scheduling and availability constraints.
WesternGeco requested that NMFS extend the end of the LOA effective
period from December 31, 2025, to February 28, 2026, to provide
sufficient time to complete the survey. To account for any potential
additional delays, NMFS recommended extending the LOA effective period
through April 19, 2026 (i.e., the expiration date for the rule). The
overall survey plan remains the same (i.e., 100 total days of sound
source operation). However, given the survey timing now involves months
for which take was not previously assessed, we have updated
WesternGeco's take estimates based on the revised schedule (table 1).
The monthly distribution of survey days is not known in advance, though
we assume that the planned 100 days of source operation would occur
contiguously. Take estimates for each species are based on the period
that produces the greatest value.
For the Rice's whale, take estimates based on the modeling yielded
results that are not realistically likely to occur when considered in
light of other
[[Page 252]]
relevant information concerning Rice's whale habitat preferences
considered during the rulemaking process. NMFS' 2024 final rule
provided detailed discussion regarding Rice's whale habitat (e.g., 89
FR 31508, 31519, April 24, 2024). In summary, recent survey data,
sightings, and acoustic data support Rice's whale occurrence in waters
throughout the GOA between approximately 100 and 400 meters (m) depth
along the continental shelf break, and associated habitat-based density
modeling has identified similar habitat (i.e., approximately 100 to 400
m water depths along the continental shelf break) as being Rice's whale
habitat (Garrison et al., 2023; Soldevilla et al., 2022, 2024).
Although Rice's whales may occur outside of the general depth range
expected to provide suitable habitat, we expect that any such
occurrence would be rare. WesternGeco's planned activities will occur
in water depths of approximately 700 to 3,400 m in the central GOA.
Thus, NMFS does not expect there to be the reasonable potential for
take of Rice's whale in association with this survey and, accordingly,
does not authorize take of Rice's whale through the LOA.
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 (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 are determined as described in
the Federal Register notice of issuance (90 FR 11947, March 13, 2025).
Subsequently, the total incidents of harassment for each species are
multiplied by scalar ratios to produce a derived product that better
reflects the number of individuals likely to be taken within a survey
(as compared to the total number of instances of take), accounting for
the likelihood that some individual marine mammals may be taken on more
than 1 day (86 FR 5404, January 19, 2021). The output of this scaling,
where appropriate, is incorporated into adjusted total take estimates
that are the basis for NMFS' small numbers determinations, as depicted
in table 1.
This product is used by NMFS in making the necessary small numbers
determinations through comparison with the best available abundance
estimates (see discussion at 86 FR 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
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Authorized Scaled take Percent
Species take \1\ Abundance \2\ abundance
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Rice's whale.................................... 0 n/a 51 n/a
Sperm whale..................................... 698 295.4 3,007 9.8
Kogia spp....................................... \3\ 396 118.8 980 14.8
Beaked whales................................... 1,205 121.7 803 15.2
Rough-toothed dolphin........................... 1,760 505.1 4,853 10.4
Bottlenose dolphin.............................. 1,323 379.8 165,125 0.2
Clymene dolphin................................. 2,535 727.6 4,619 15.8
Atlantic spotted dolphin........................ 928 266.4 21,506 1.2
Pantropical spotted dolphin..................... 19,948 5,724.9 67,225 8.5
Spinner dolphin................................. 284 81.6 5,548 1.5
Striped dolphin................................. 6,140 1,762.2 5,634 31.3
Fraser's dolphin................................ 727 208.8 1,665 12.5
Risso's dolphin................................. 450 132.8 1,974 6.7
Blackfish \4\................................... 5,214 1,538.2 6,113 25.2
Short-finned pilot whale........................ 768 226.5 2,741 8.3
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19, 2021)
to derive scaled take numbers shown here.
\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, and Risso's dolphin, the larger estimated SAR abundance estimate is used.
\3\ Includes 26 takes by Level A harassment and 370 takes by Level B harassment. Scalar ratio is applied to
takes by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take
plus authorized Level A harassment take.
\4\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of WesternGeco'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);
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
[[Page 253]]
LOA is of no more than small numbers. Accordingly, we have issued a
modified LOA to WesternGeco authorizing the take of marine mammals
incidental to its geophysical survey activity, as described above.
Dated: December 30, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-24236 Filed 1-2-26; 8:45 am]
BILLING CODE 3510-22-P
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Document
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)
In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA regulations for taking marine mammals incidental to geophysi...
Legal Citation
Federal Register Citation
Use this for formal legal and research references to the published document.
91 FR 250
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“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),” thefederalregister.org (January 5, 2026), https://thefederalregister.org/documents/2025-24236/taking-and-importing-marine-mammals-taking-marine-mammals-incidental-to-geophysical-surveys-related-to-oil-and-gas-activ.