Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 92906-92907 [2024-27528]

Download as PDF 92906 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2024–27494 Filed 11–22–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Artificial Intelligence Advisory Committee National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The National Institute of Standards and Technology (NIST) announces that the National Artificial Intelligence Advisory Committee (NAIAC or Committee) will meet virtually via web conference on December 12, 2024, from 2:00 p.m.–3:00 p.m. Eastern time. The primary purpose of this meeting is for the Committee to report working group findings, identify actionable recommendations, and receive public briefings. The final agenda will be posted on the NIST website at https://www.nist.gov/itl/ national-artificial-intelligence-advisorycommittee-naiac. DATES: The NAIAC will meet on Thursday, December 12, 2024, from 2:00 p.m.–3:00 p.m. Eastern Time. ADDRESSES: The meeting will be held virtually via web conference. Please note participation instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Cheryl L. Gendron, Designated Federal Officer, Information Technology Laboratory, National Institute of Standards and Technology, Telephone: (301) 975–2785, Email address: cheryl.gendron@nist.gov. Please direct any inquiries to the committee at naiac@nist.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. 1001 et seq., notice is hereby given that the NAIAC will meet virtually as set forth in the DATES section of this notice. The meeting will be open to the public. The NAIAC is authorized by Section 5104 of the National Artificial Intelligence Initiative Act of 2020 (Pub. L. 116–283), in accordance with the provisions of the Federal Advisory Committee Act, as amended (FACA), 5 U.S.C. 1001 et seq. The Committee advises the President and the National Artificial Intelligence Initiative Office on matters related to the National khammond on DSK9W7S144PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:29 Nov 22, 2024 Jkt 265001 Artificial Intelligence Initiative. Additional information on the NAIAC is available at ai.gov/naiac/. The primary purpose of this meeting is for the Committee to report working group findings, identify actionable recommendations, and receive public briefings. The meeting will include continued discussion and deliberation on the NAIAC’s planned Transition Report. 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Comments: Individuals and representatives of organizations who would like to offer comments and suggestions related to items on the Committee’s agenda for this meeting are invited to submit comments in advance of the event. Please note that all comments submitted via email will be treated as public documents and will be made available for public inspection. For consideration prior to the meeting, all comments must be submitted via email with the subject line ‘‘December 12, 2024, NAIAC Public Meeting’’ to naiac@nist.gov by 5:00 p.m. Eastern Time, December 10, 2024. NIST will not accept comments accompanied by a request that part or all of the comment be treated confidentially because of its business proprietary nature or for any other reason. Therefore, do not submit confidential business information or otherwise sensitive, protected, or personal information, such as account numbers, Social Security numbers, or names of other individuals. Members of the public may also submit written comments to the NAIAC at any time. Virtual Meeting Registration Instructions: The meeting will be broadcast via web conference. Requests for special accommodations may be made by emailing cheryl.gendron@ nist.gov. Registration is required to view the web conference. Instructions on how PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 to register will be made available at https://www.nist.gov/itl/nationalartificial-intelligence-advisorycommittee-naiac. Registration will remain open until the conclusion of the meeting. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2024–27461 Filed 11–22–24; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE463] 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 Murphy Exploration and Production Company (Murphy) for the take of marine mammals incidental to geophysical survey activity in the GOM. DATES: This LOA is effective through March 15, 2025. 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: Jenna Harlacher, 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 E:\FR\FM\25NON1.SGM 25NON1 khammond on DSK9W7S144PROD with NOTICES Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 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 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 effecting the least practicable adverse impact on VerDate Sep<11>2014 18:29 Nov 22, 2024 Jkt 265001 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, effective May 24, 2024 (89 FR 31488, April 24, 2024). 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’’ (LPAI) standard of the MMPA. NMFS issued a LOA to Murphy on March 20, 2024, for the take of marine mammals incidental to a threedimensional (3D) ocean bottom node survey in the Green Canyon protraction areas, including approximately 44 lease blocks, effective April 1, 2024, through October 31, 2024. Please see the Federal Register notice of issuance (89 FR 20946, March 26, 2024) for additional detail regarding the LOA and the survey activity. Murphy subsequently requested, and NMFS issued, a modification to the LOA expiration date, extending it to January 31, 2025 (89 FR 83464, October 16, 2024). On November 1, 2024 Murphy informed NMFS that the survey had further delays, and requested a second modification to the expiration date of the LOA (from December 31, 2025 to March 15, 2025) to accommodate the delays. There are no other changes to Murphy’s planned activity. Authorization NMFS has changed the expiration date of the LOA from January 31, 2025 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 92907 to March 15, 2025. There are no other changes to the LOA as described in the October 16, 2024, Federal Register notice of issuance (89 FR 83464): the specified survey activity, estimated take by incidental harassment, and small numbers analysis and determination remain unchanged and are referenced in this notice. Dated: November 19, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–27528 Filed 11–22–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE482] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Duckabush Estuary Restoration Project in Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: NMFS has received a request from the U.S. Army Corps of Engineers (USACE) for authorization to take marine mammals incidental to the Duckabush Estuary Restoration Project (DERP) in Hood Canal, Washington, for a period of 5 years (2025–2029). Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of USACE’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on USACE’s application and request. DATES: Comments and information must be received no later than December 26, 2024. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Pauline@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, SUMMARY: E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92906-92907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27528]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE463]


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 Murphy Exploration and Production Company 
(Murphy) for the take of marine mammals incidental to geophysical 
survey activity in the GOM.

DATES: This LOA is effective through March 15, 2025.

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: Jenna Harlacher, 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

[[Page 92907]]

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 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.
    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, effective May 24, 2024 (89 FR 31488, April 
24, 2024).
    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'' (LPAI) 
standard of the MMPA.
    NMFS issued a LOA to Murphy on March 20, 2024, for the take of 
marine mammals incidental to a three-dimensional (3D) ocean bottom node 
survey in the Green Canyon protraction areas, including approximately 
44 lease blocks, effective April 1, 2024, through October 31, 2024. 
Please see the Federal Register notice of issuance (89 FR 20946, March 
26, 2024) for additional detail regarding the LOA and the survey 
activity.
    Murphy subsequently requested, and NMFS issued, a modification to 
the LOA expiration date, extending it to January 31, 2025 (89 FR 83464, 
October 16, 2024). On November 1, 2024 Murphy informed NMFS that the 
survey had further delays, and requested a second modification to the 
expiration date of the LOA (from December 31, 2025 to March 15, 2025) 
to accommodate the delays. There are no other changes to Murphy's 
planned activity.

Authorization

    NMFS has changed the expiration date of the LOA from January 31, 
2025 to March 15, 2025. There are no other changes to the LOA as 
described in the October 16, 2024, Federal Register notice of issuance 
(89 FR 83464): the specified survey activity, estimated take by 
incidental harassment, and small numbers analysis and determination 
remain unchanged and are referenced in this notice.

    Dated: November 19, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-27528 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-22-P
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