Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 80276-80277 [2023-25434]

Download as PDF 80276 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices updated products for Pacific Council consideration. The first meeting will likely focus on collecting and summarizing relevant information on SRFC stock status, reviewing the current models and methods used for harvest management, and identifying data gaps. A draft outline of the workplan could be developed for discussion at the next meeting. At that second meeting, the Workgroup could refine the workplan and timeline, and assign tasks to address each item, coordinate analysis as needed, and prepare for the upcoming Pacific Council meeting. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: November 14, 2023. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–25483 Filed 11–16–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD510] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold one public meeting. DATES: The meeting will be held Thursday, January 11, 2024, from 12 SUMMARY: VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 p.m. to 4 p.m., Pacific Standard Time or until business for the day has been completed. This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jessi Doerpinghaus, Staff Officer, Pacific Council; telephone: (503) 820–2415. The primary purpose of this online meeting is a work session of the CPSMT. Topics for discussion will include the stock assessment and fishery evaluation document, operational guidelines, and ecosystem related matters. Work products and recommendations for the Pacific Council’s March and April 2024 meeting related to ecosystem and CPS related matters may also be discussed as well. No management actions will be decided by the CPSMT. CPSMT recommendations will be considered by the Pacific Council at their March or April Council meetings. The meeting agenda will be available on the Pacific Council’s website in advance of the meeting. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. SUPPLEMENTARY INFORMATION: Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Dated: November 13, 2023. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–25388 Filed 11–16–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD503] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of modification to expiration date of letter of authorization. AGENCY: 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 CGG Inc. (CGG) for the take of marine mammals incidental to geophysical survey activity in the GOM. DATES: This LOA is effective through October 17, 2024. 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-gasindustry-geophysical-survey. In case of problems accessing these documents, please call the contact listed below (FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of Protected Resources, NMFS, (301) 427– 8401. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\17NON1.SGM 17NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 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 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 5year 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 affecting 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 VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 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 CGG on March 24, 2023, for the take of marine mammals incidental to a threedimensional (3D) ocean bottom node (OBN) survey over approximately 200 lease blocks in the Walker Ridge and Green Canyon areas of the central GOM, effective May 1 through December 31, 2023. Please see the Federal Register notice of issuance (88 FR 17819, March 24, 2023) for additional detail regarding the LOA and the survey activity. CGG initially anticipated that the activity would occur at some point between May 1 and December 31, 2023. CGG requested an initial modification to the expiration date on August 17, 2023, upon which basis NMFS modified the expiration date of the originally issued LOA by extending it to April 7, 2024 (88 FR 70935, October 13, 2023). CGG subsequently 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 October 17, 2024) to accommodate the delays. There are no other changes to CGG’s planned activity. Since issuance of the LOA, no survey work has occurred. Authorization NMFS has changed the expiration date of the LOA from April 7, 2024 to October 17, 2024. There are no other changes to the LOA as described in the March 24, 2023, Federal Register notice of issuance (88 FR 17819): the specified survey activity; estimated take by incidental harassment; and small numbers analysis and determination remain unchanged and are incorporated here by reference. Dated: November 14, 2023. Catherine Marzin, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–25434 Filed 11–16–23; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 80277 DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO–P–2023–0047] Supplemental Guidance for Examination of Design Patent Applications Related to ComputerGenerated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces United States Patent and Trademark Office, Commerce. ACTION: Examination guidance. AGENCY: The United States Patent and Trademark Office (USPTO) is publishing supplemental guidance to be used by USPTO personnel in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter. This guidance reflects current USPTO practice. DATES: This supplemental guidance is applicable as of November 17, 2023. ADDRESSES: For reasons of government efficiency, comments must be submitted through the Federal eRulemaking Portal at www.regulations.gov. To submit comments via the portal, enter docket number PTO–P–2023–0047 on the homepage and click ‘‘Search.’’ The site will provide a search results page listing all documents associated with this docket. Find a reference to this document and click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Attachments to electronic comments will be accepted in Adobe® portable document format (PDF) or Microsoft Word® format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Visit the Federal eRulemaking Portal for additional instructions on providing comments via the portal. If electronic submission of comments is not feasible due to a lack of access to a computer and/or the internet, please contact the USPTO using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Erin Harriman, Senior Legal Advisor, Office of Patent Legal Administration, at 571– 272–7727; or Carolyn Kosowski, Senior Legal Advisor, Office of Patent Legal Administration, at 571–272–7688. SUPPLEMENTARY INFORMATION: The USPTO has prepared supplemental guidance for use by USPTO personnel in determining whether a design patent claim including a computer-generated SUMMARY: E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80276-80277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD503]


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.

-----------------------------------------------------------------------

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 CGG Inc. (CGG) for the take of marine 
mammals incidental to geophysical survey activity in the GOM.

DATES: This LOA is effective through October 17, 2024.

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: 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

[[Page 80277]]

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 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 affecting 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 CGG on March 24, 2023, for the take of marine 
mammals incidental to a three-dimensional (3D) ocean bottom node (OBN) 
survey over approximately 200 lease blocks in the Walker Ridge and 
Green Canyon areas of the central GOM, effective May 1 through December 
31, 2023. Please see the Federal Register notice of issuance (88 FR 
17819, March 24, 2023) for additional detail regarding the LOA and the 
survey activity.
    CGG initially anticipated that the activity would occur at some 
point between May 1 and December 31, 2023. CGG requested an initial 
modification to the expiration date on August 17, 2023, upon which 
basis NMFS modified the expiration date of the originally issued LOA by 
extending it to April 7, 2024 (88 FR 70935, October 13, 2023). CGG 
subsequently 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 October 17, 2024) to accommodate the delays. 
There are no other changes to CGG's planned activity. Since issuance of 
the LOA, no survey work has occurred.

Authorization

    NMFS has changed the expiration date of the LOA from April 7, 2024 
to October 17, 2024. There are no other changes to the LOA as described 
in the March 24, 2023, Federal Register notice of issuance (88 FR 
17819): the specified survey activity; estimated take by incidental 
harassment; and small numbers analysis and determination remain 
unchanged and are incorporated here by reference.

    Dated: November 14, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2023-25434 Filed 11-16-23; 8:45 am]
BILLING CODE 3510-22-P
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