Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 5864-5865 [2024-01743]
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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices
unusual mortality events through two
projects, the Marine Mammal Health
and Stranding Response Program
(MMHSRP) and the Alaska Marine
Mammal Tissue Archival Project
(AMMTAP).
The purposes of this collection of
information are: (1) to enable NOAA to
allow the scientific community the
opportunity to request tissue specimen
samples from the NMMTB and, (2) to
enable the Marine Mammal Health and
Stranding Response Program
(MMHSRP) of NOAA to assemble
information on all specimens submitted
to the National Institute of Standards
and Technology’s Biorepository (NIST
Biorepository), which includes the
NMMTB. This request is for extension
of a current information collection, with
minor revisions. Most changes to the
Access Policy were grammatical and
minor. No changes have been made to
the National Marine Mammal Tissue
Bank Tissue Request Form or the
NMMTB Field Data Sheet. Revisions
were also made to The Examiner’s
Guide to the National Marine Mammal
Tissue Bank which included minor
grammatical corrections as well as an
update to the species list and inventory
of animals and tissues.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Method of Collection
Respondents must complete a
specimen banking information sheet for
every sample submitted to the Bank.
Methods of submitting reports include
internet, mail and facsimile
transmission of paper forms. Those
requesting samples send the
information, and their research findings,
mainly via email.
III. Data
OMB Control Number: 0648–0468.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection)
Affected Public: Individuals or
households; Business or other for-profit
organizations; Not-for-profit
institutions; State, Local, or Tribal
government; Federal government.
Estimated Number of Respondents: 100
specimen submission forms (from ∼20
different organizations); 5 requests for
tissue samples.
Estimated Time per Response:
Request for tissue sample, 2 hours.
Specimen submission form, 45 minutes.
Estimated Total Annual Burden
Hours: 85.
Estimated Total Annual Cost to
Public: $152.00.
Respondent’s Obligation: Mandatory.
Legal Authority: Under 16 U.S.C.
1421f section 407(d)(1) of the Marine
VerDate Sep<11>2014
17:23 Jan 29, 2024
Jkt 262001
Mammal Protection Act, the NMFS
must establish criteria for access to
marine mammal tissues in the NMMTB
and make those available for public
comment and review.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–01827 Filed 1–29–24; 8:45 am]
BILLING CODE 3510–22–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of revised
Letter of Authorization.
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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-takeauthorization-oil-and-gas-industrygeophysical-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:
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
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
E:\FR\FM\30JAN1.SGM
30JAN1
Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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
VerDate Sep<11>2014
17:23 Jan 29, 2024
Jkt 262001
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]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD639]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Pacific Gas &
Electric Sediment Remediation Project,
San Francisco Bay
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Pacific Gas & Electric (PG&E) to
incidentally harass marine mammals
during construction activities associated
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
5865
with a sediment remediation project in
San Francisco Bay.
DATES: The authorization is effective
from May 1, 2024 to April 30, 2025.
ADDRESSES: Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-pacific-gas-electricsediment-remediation-project-san. In
case of problems accessing these
documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT:
Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) 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
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On May 4, 2023, NMFS received a
request from PG&E for an IHA to take
marine mammals incidental to a
Sediment Remediation Project in
Remedial Response Areas A and B, Piers
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3510-22-P
