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DOC/NOAA RIN: 0648-BB38 Publication ID: 2012 
Title: Taking Marine Mammals Incidental to Conducting Geological and Geophysical Exploration of Mineral and Energy Resources on the Outer Continental Shelf in the Gulf of Mexico 
Abstract: On April 18, 2011, the National Marine Fisheries Service (NMFS) received an application from the U.S. Department of the Interior (DOI), Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE), formerly Minerals Management Service (MMS), for the promulgation of regulations and subsequent issuance of Letters of Authorization (LOAs) to take marine mammals incidental to oil and gas industry sponsored seismic surveys for purposes of geological and geophysical exploration on the Outer Continental Shelf (OCS) in the Gulf of Mexico from approximately 2012 through 2017. The requested regulations would establish a framework for authorizing incidental take in future LOAs. These LOAs, if approved, would authorize the take, by Level A (injury) and Level B (behavioral) harassment, of 21 species of cetaceans (20 odontocetes and 1 mysticete) incidental to seismic surveys for purposes of geological and geophysical exploration on the OCS in the GOM. BOEMRE states that underwater noise associated with sound sources (i.e., airguns, boomers, sparkers, and chirpers) may expose marine mammals in the area to noise and pressure resulting in behavioral disturbance or temporary or permanent loss of hearing sensitivity. NMFS published a revised notice of receipt in the Federal Register on June 14, 2011 (76 FR 34656). 
Agency: Department of Commerce(DOC)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
Legal Authority: 16 USC 1361 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2012 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James H. Lecky
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-2332
Fax:301 427-2520
Email: jim.lecky@noaa.gov