View Rule

The National Marine Fisheries Service (NMFS) is preparing a proposed rule to promulgate new five-year incidental take regulations governing the unintentional taking of marine mammals incidental to geophysical surveys in the Gulf of America (GOA). The current regulations, which expire in April 2026, were issued under section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) in response to an application from the Bureau of Ocean Energy Management (BOEM) in support of industry. For the next five-year period, the EnerGeo Alliance, an oil and gas industry trade association, is expected to submit a new application on behalf of the industry. The proposed regulations would set forth the permissible methods of taking; means of affecting the least practicable adverse impact on the affected species or stocks and their habitats (i.e., mitigation); and requirements pertaining to the monitoring and reporting of such taking. As is the case now, Letters of Authorization (LOAs) issued under the regulations would authorize the take of marine mammals incidental to the specified activities.