View Rule
| View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
| DOC/NOAA | RIN: 0648-BO19 | Publication ID: 2026 |
| Title: ●Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of America | |
|
Abstract:
The National Marine Fisheries Service (NMFS) is preparing a proposed rule for the reimplementation of incidental take regulations (ITR) 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. The pending April 2026 expiration of the current ITR would affect regulatory certainty with loss of an efficient permitting framework, and, to mitigate future uncertainty, the NMFS Office of Policy submitted a request for reimplementation of the current regulations. The requested regulations would ensure continuity of the established framework from the previous regulations for authorization of incidental take through Letters of Authorization (LOA) until superseded by a new ITR promulgated on the basis of a separate request. As with the current regulations, the proposed regulations must set forth the permissible methods of taking; means of effecting 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, LOAs issued under the regulations would authorize the take of marine mammals incidental to the specified activities. There would be no change from the current regulations and, as noted above, the reimplemented regulations would be in place only until superseded by new regulations promulgated on the basis of a separate request by EnerGeo. These proposed regulations would be a reimplementation of existing regulations that are set to expire on April 20, 2026, due to the MMPA's statutory maximum duration of 5 years for incidental take regulations. The separate proposed rule (0648-BN63) would be new regulations, requested by EnerGeo Alliance, for the same activity, and would supercede these regulations. |
|
| Agency: Department of Commerce(DOC) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Deregulatory | |
| CFR Citation: 50 CFR 217 | |
| Legal Authority: 16 USC 1631 | |
|
Legal Deadline:
None |
||||||||||||
Timetable:
|
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
|
Agency Contact: Kim Damon-Randall Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 427-8400 Email: kimberly.damon-randall@noaa.gov |
|
An official website of the United States government




