Today, NOAA Fisheries issued a Final Rule for the Taking of Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico. This rulemaking was required when NOAA Fisheries discovered that take estimates submitted by the Bureau of Ocean Energy Management in support of its petition for Incidental Take Regulations included errors resulting in limitations on NOAA Fisheries’ ability to issue select Letters of Authorization (LOA). This final rule analyzes revised take numbers, updated science, and reassesses the statutorily mandated findings supporting the rule.

NOAA Fisheries has determined that no changes to the existing regulations are warranted. Considering new scientific information, NOAA Fisheries produced corrected, updated take numbers that will afford more flexibility to applicants, and has reassessed the necessary statutory findings. Following completion of this rulemaking, NOAA Fisheries anticipates that these implementation issues will be resolved.

As part of its stewardship mission, NOAA Fisheries is responsible for the protection and conservation of marine mammals, including by requiring the monitoring and mitigation of incidental take of marine mammals.

The final rule and supporting materials are available here - https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico.