Incidental Take Authorization: Oil and Gas Industry Geophysical Survey Activity in the Gulf of Mexico

2023 Proposed Rule

NOAA Fisheries 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, 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. In light of the new information, NOAA Fisheries 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 Marine Mammal Protection Act.

2021 Final Rule

NOAA Fisheries, upon request from the Bureau of Ocean Energy Management (BOEM), issued regulations to govern the unintentional taking of marine mammals incidental to geophysical survey activities in the U.S. Gulf of Mexico over the course of five years. The 2021 regulations, which allow for the issuance of Letters of Authorization to survey operators for the incidental take of marine mammals during the described activities and specified timeframe, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

Issued Letters Of Authorization

To access issued Letters of Authorization, please click here.

Gulf of Mexico Planning and Proposed Lease Sale Areas