Today, NOAA Fisheries issued a proposed Incidental Take Rule pursuant to the Marine Mammal Protection Act (MMPA), related to geophysical surveys on the outer continental shelf in the Gulf of Mexico. NOAA Fisheries is taking this action to correct errors in the information that supported the findings for the 2021 rule. NMFS does not propose changes to the current regulations that govern the authorization of take of marine mammals incidental to those surveys.
The regulations have functioned as intended for many survey actions and have allowed the oil and gas industry to achieve compliance with the MMPA in the Gulf of Mexico. However, the take number errors have limited NOAA Fisheries’ ability to issue requested authorizations for take of certain species. Following completion of this corrective rulemaking, if appropriate, NOAA Fisheries anticipates that these implementation issues will be resolved. NOAA Fisheries has proposed no changes to the existing regulations, but has considered new scientific information, produced corrected, updated take numbers that will afford more flexibility to applicants, and has reassessed the necessary statutory findings. NOAA Fisheries has preliminarily determined that the existing regulations include appropriate mitigation and monitoring measures to minimize impacts to marine mammals. The regulations are based on extensive reviews of scientific literature on the effects of noise on marine mammals and their habitat as well as previous public comments received. BOEM has responsibility for permitting these surveys and is the agency charged with making decisions about energy development in waters of the outer continental shelf. Under the MMPA, NOAA Fisheries is charged with the conservation and protection of marine mammals, including the appropriate authorization of otherwise prohibited incidental take of marine mammals. You can find the proposed rule here ( https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico). The comment period will be open through February 6, 2023.
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