Commerce Department Proposed Rule

2022-28208: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

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Summary

NMFS is reassessing the statutorily mandated findings supporting its January 19, 2021, final rule and Regulations Governing Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of Mexico issued pursuant to the Marine Mammal Protection Act (MMPA), in light of updated information following the discovery that the estimates of incidental take of marine mammals anticipated from the activities analyzed for the 2021 regulations were erroneous. The correction of this error, as well as other newly available and pertinent information, has bearing on the analyses supporting some of the prior findings in the 2021 final rule and the taking allowable under the regulations. There are 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. Here, in light of the new information, NMFS presents new "negligible impact" analyses supporting our preliminary affirmance of the negligible impact determinations for all species, and proposes to affirm that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the "least practicable adverse impact standard" of the MMPA. Pursuant to the MMPA, NMFS is requesting comments on its revised negligible impact analyses and proposed findings and proposed retention of the existing regulations as consistent with the MMPA's least practicable adverse impact standard and will consider public comments relevant to this proposed rule prior to issuing any final rule. Agency responses will be included in the notice of the final decision.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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